1. GENERAL - SCOPE OF APPLICATION

    1.1. The following Terms and Conditions apply to all business relationships between the Customer and MMITech (hereinafter referred to as "us/we/our"). These Terms and Conditions form an integral part of all contracts with the Customer and apply to future services and offers, even if not separately agreed upon again.
    1.2. The terms and conditions of our customers or third parties shall not apply, even if we do not separately object to their validity in individual cases.
    1.3. We expressly reserve the right to modify our Terms and Conditions, System Policies, and prices by providing prior notification to the Customer via their customer account or the email address provided in their contact information.
    1.4. The conditions and policies listed in the preamble apply in the order of precedence listed above.
    1.5. Our employees and commissioned third parties are not authorized to make verbal agreements or provide any verbal guarantees or commitments to the Customer.
    1.6. If domains are the subject of this contract, the corresponding terms and conditions also apply.

2. CONCLUSION, DURATION AND TERMINATION OF THE CONTRACT

    2.1. The contract is concluded when the Customer submits their order and we accept it in accordance with the provisions of point 2.4 of these Terms and Conditions.
    2.2. Our offers are subject to change and non-binding. We reserve the right to make technical and other changes within reasonable scope.
    2.3. The Customer declares that the data provided on their customer account is correct and complete. The Customer shall notify us of any changes in writing within 14 days. Upon request, the Customer is required to provide evidence of the correctness of the data.
    2.4. The Customer enters into a binding contract by placing the order and accepting these Terms and Conditions. We are entitled to accept or reject the contract within 5 working days after receiving the order. Mere confirmation of order receipt does not constitute acceptance of the order.
    2.5. Contracts are concluded for an unlimited time period unless otherwise agreed.
    2.6. Either party may terminate the contract with 30 days' notice to the end of the month, without specifying reasons. Different notice periods may apply depending on the specific services. Notice of termination may be given in text form by letter, fax, email, or via the Customer's account on our secure customer interface.
    2.7. We reserve the right to terminate the contractual relationship without notice for good cause. Good cause is deemed to exist if the Customer fails to meet payment obligations or violates other important customer obligations. We may also lock or terminate the Customer's services or account without notice if the Customer uses content that impairs the regular operating behavior or security of our infrastructure or product, or violates paragraphs 8.1. - 8.3. of these Terms and Conditions.
    2.8. If the Customer intends to transfer their contractual rights and obligations to a third party, our prior written consent is required. We are obligated to verify the legitimacy of the transferor and the identity of the third party.

3. SCOPE OF SERVICES

    3.1. The scope of the contractual service is based on the product description valid at the time of the Customer's order and the resulting written agreements. We reserve the right, after prior notice, to discontinue services offered free of charge or to introduce fees for these services.
    3.2. For domain name registrations, we are only obligated to arrange the desired domain registration. We do not guarantee that the domain name requested by the Customer will be allocated. The Customer is only entitled to assume allocation once we have confirmed it. We have no influence on the domain allocation process.
    3.3. If the service includes the allocation of an IP address, we do not perform a blacklist check of this IP address, and the Customer has no claim to a specific IP address. We reserve the right to change the Customer's allocated IP address when necessary with prior written notice.
    3.4. Technical support services beyond the service description are invoiced separately.
    3.5. For storage hosting services, we provide the Customer with the agreed storage space on our servers. The Customer is responsible for the content stored and the proper configuration of their storage space.

4. PAYMENT CONDITIONS AND LATE PAYMENTS

    4.1. We will invoice the Customer for contractually binding services using the updated prices visible on mmitech.info, plus applicable taxes. For shipped goods, the price includes postage and packaging from the specified storage location.
    4.2. Depending on the contractual agreement, we process monthly, quarterly, or annual invoices using the agreed means of payment. The Customer is obligated to comply with the terms and conditions of the payment service they use.
    4.3. If we permit the Customer to make a late payment, we reserve the right, even without a reminder, to charge interest for the late payment beginning on the due date.
    4.4. The Customer is obligated to pay all fees and taxes incurred by using the service or by third parties designated by the Customer. Billing is free of charge exclusively in electronic form. There are corresponding fees for postal delivery.
    4.5. The Customer is obligated to comply with any applicable export and import control regulations, including EU and US regulations as well as all other relevant regulations.

5. ADMINISTRATOR RIGHTS AND DUTIES / DATA SECURITY

    5.1. The Customer has full and sole administrator rights for all root and cloud server service products. The Customer is responsible for managing and securing these products at their own expense and risk.
    5.2. The Customer is obligated to set up and manage their servers in a way that does not compromise the integrity and availability of networks, servers, and data of third parties. It is strictly forbidden to use the servers for (D)DoS attacks, open mail relays, proxies, fake click bots, phishing, spam, or any systems capable of performing these actions. Violation of this agreement may result in immediate server lockdown and contract termination without prior notice.
    5.3. For managed server products and services, we grant the Customer only basic usage rights. We monitor these servers 24/7 for service disruptions and provide customer support free of charge for simple services. More extensive services lasting 15 minutes or more incur a flat service fee, subject to prior agreement with the Customer.
    5.4. The Customer is obligated to use the provided services appropriately and refrain from abusive and illegal actions.
    5.5. The Customer is responsible for making regular backups of their data and storing them outside the server provided by us. We provide no guarantees of data consistency, availability, or redundancy on the Customer's servers. The Customer is obligated to perform a complete data backup prior to any changes made on their own behalf or on behalf of a third party. The Customer assumes complete responsibility for any data loss.
    5.6. For storage hosting services, the Customer is responsible for the legality and integrity of the stored content. We reserve the right to remove or disable access to any content that violates applicable laws or these Terms and Conditions.

6. DATA PROTECTION

    6.1. Data processing is performed in accordance with GDPR. Please refer to our privacy policy for more information, available at https://mmitech.info/privacy-policy.php
    6.2. If the Customer processes personal data of third parties using our services, the Customer remains the sole responsible party under data protection law. We only process personal data as a processor pursuant to Art. 28 GDPR if the Customer concludes a contract for processing orders with us. This contract is not concluded automatically and may be supplemented by EU standard contractual clauses if necessary.
    6.3. We cannot determine whether the Customer is processing personal data. The Customer is obligated to provide us with the necessary information, particularly whether personal data of third parties are processed, for what purpose, and which categories the personal data and data subjects belong to. In the absence of a contract for order processing with the necessary information, we assume that the Customer is not processing third-party personal data using our services.
    6.4. We warn the Customer that, given the current state of technology, there is no all-encompassing form of protection for data transmission on the internet. The Customer is responsible for the safety and security of all data they store on any of their products or services.

7. USE BY THIRD PARTIES

    7.1. The Customer is entitled to grant third parties a contractual term of use for any services ordered from MMITech. The Customer remains the sole contractual partner and continues to be solely and fully liable for compliance with the contractual agreements between us and the Customer.
    7.2. When transferring user rights to MMITech services to a third party, the Customer is obligated to ensure that all legal and contractual provisions are followed, including any changes that require the cooperation of the third party.
    7.3. If the third party violates contractual obligations, does not comply with the obligation to cooperate, provides incorrect or incomplete data, or if other problems arise with the granting of user rights to third parties, the Customer assumes full liability for all resulting damages and indemnifies us from all claims made against us by the third party or others.

8. USE OF THE SERVICES / CONTENT

    8.1. The Customer is obligated to check and comply with all legal provisions arising from the use of the contractually agreed services, including but not limited to telecommunications, telemedia, industrial and intellectual property rights, personal rights, and competition and data protection laws. The Customer indemnifies us against all claims of third parties arising from infringements of these obligations.
    8.2. The Customer is prohibited from publishing any content that infringes on the rights of third parties or otherwise violates applicable law. This includes, but is not limited to, pornographic or obscene material, extremist content, content that offends common decency, gambling, material that could seriously endanger the morals of children or young people, or content that violates the rights of third parties (copyrights, name rights, trademark rights, and data protection rights). The publication of defamatory content, insults, or disparagement of persons or groups of persons is also prohibited.
    8.3. The transmission of spam mail is prohibited, including the sending of unauthorized, unsolicited advertising to third parties. When sending emails, it is prohibited to provide false sender data or to disguise the identity of the sender. The operation of applications for mining cryptocurrencies is prohibited, including but not limited to mining, farming, and plotting of cryptocurrencies. We reserve the right to lock the Customer's access to their MMITech services or account in the event of non-compliance.
    8.4. If we become aware of illegal activities, we are obligated to request that the Customer immediately removes the offending content, and we reserve the right to lock the Customer's access to their MMITech services or account.

9. LIABILITY

    9.1. The Customer uses MMITech services at their own risk. We are not liable for loss of profit. Our liability for culpable infringements that are not due to gross negligence or intent is limited to the foreseeable damage typical for this type of contract, up to a maximum of 100% of the price for the Customer's monthly product rental.
    9.2. If the Customer violates the content obligations mentioned in Section 8 of these Terms and Conditions, the Customer is liable to us for compensation for all direct or indirect damages arising from this, including financial losses. Furthermore, the Customer is obligated to indemnify us against claims by third parties - irrespective of the legal basis - resulting from the Customer or their designated third parties. The indemnification obligation also includes all incurred legal defense costs.
    9.3. For storage hosting services, we are not liable for any loss, corruption, or unauthorized access to data stored by the Customer. The Customer is solely responsible for maintaining appropriate backups and security measures for their stored data.

10. WARRANTY

    10.1. If the service consists of the delivery of used goods, we are not liable for any defects. The statutory limitation period applies to claims for damages in the event of willful and gross negligence as well as in the event of injury to life, limb, and health that are the result of an intentional or negligent breach of obligation by the user.

11. RIGHT OF LIEN

    11.1. The Customer grants us a lien on equipment installed by the Customer or by third parties in the data center to protect any outstanding debts arising from the contractual relationship. We are entitled to enforce the lien after informing the Customer of their outstanding debts if the Customer does not settle all outstanding debts within 10 work days after receiving the notification of sale. Any surpluses generated by the sale are paid out to the Customer.

12. SUBSCRIPTIONS, CANCELLATION POLICY, AND REFUNDS

    12.1. Subscriptions: Your Subscription or commencement of the Services shall begin upon confirmation to You and receipt of lawful funds, whichever comes earlier. The Subscription initial term's length is chosen by You and shall be indicated when You subscribe to Our Services. The Subscription may not be terminated by You during the Initial Term (and any renewals thereof) except in the event of a breach by MMITech. After the Initial Term, the Subscription shall automatically renew for successive terms, equal in length to the Initial Term, unless terminated or canceled by either party as provided herein.
    12.2. Pricing: MMITech reserves the right to change prices for paid Subscriptions at any time and does not provide price protection or refunds in the event of promotions or price decreases. Any pricing changes will become effective after your then-current Subscription expires or terminates. You understand that if We agree to provide Services to You in the future after your Subscription terminates for any reason, the amount You paid under any prior term or time period is not determinative of the amount You will pay should We provide Services to You again. It is Your responsibility to check Our Site for plan or price changes should You wish to take advantage of plan or price changes which may have occurred. MMITech does not automatically update Your Subscription plan. All upgrades or downgrades will be performed at Your request and may include modification of Fees or require reinitiating service with Us.
    12.3. AUTOMATIC RENEWAL TERMS: To facilitate continuity of the Services to you, each paid Subscription contains automatic renewal terms. MMITech will automatically renew your paid Subscription as per the Subscription period of your choosing (each a "Subscription Term"), on the anniversary of that date that MMITech first charges your Account for the first Subscription fee, and, as authorized by you during the Subscription sign-up process, MMITech will charge your Account with the applicable Subscription fee and any sales or similar taxes that may be imposed on your Subscription fee payment (unless you cancel prior to the anniversary date). Each Subscription renewal period is for the same Subscription Term as the prior one, unless otherwise agreed between you and MMITech. IF YOU CANCEL YOUR SUBSCRIPTION, YOUR ACCESS TO AND USE OF THE SERVICES WILL BE SHUT OFF ONCE YOUR THEN CURRENT SUBSCRIPTION TERM EXPIRES.
    12.4. CANCELLATION TERMS: YOU MAY CANCEL YOUR SUBSCRIPTION AT ANY TIME, AND SUCH CANCELLATION SHALL BECOME EFFECTIVE UPON EXPIRATION OF YOUR THEN-CURRENT SUBSCRIPTION TERM. You agree and understand that you will be charged Subscription fees until the expiration of your then-current Subscription Term and SUBSCRIPTION FEES WILL NOT BE REFUNDED, IN WHOLE OR IN PART, SUBJECT TO APPLICABLE LAW. You will not be eligible for a pro-rated refund of any portion of the Subscription fees paid for any unused days of the then-current Subscription Term. If you have any problems or concerns with your cancellation please contact us at [email protected] for assistance.
    12.5. REFUND POLICY: MMITech does not issue refunds for any services, including but not limited to VPS/VDS and storage hosting services, except in cases of extended service outages as defined in our Service Level Agreement (SLA). In the event of an outage that lasts longer than the period specified in our SLA, the maximum compensation will be a service credit equivalent to one month's worth of subscription fees for the affected service. This credit will be applied to your account for future use and is not redeemable for cash.
    12.6. SERVICE CREDITS FOR OUTAGES: If a service outage occurs that exceeds the duration specified in our SLA, you may be eligible for a service credit. To request a service credit, you must contact our support team at [email protected] within 7 days of the outage. The service credit will be calculated based on the duration of the outage and the affected service's monthly fee, up to a maximum of one month's subscription fee. Service credits are non-transferable and have no cash value.

13. DISPUTE RESOLUTION PROCEDURE

    13.1. The EU Commission provides a platform for out-of-court online dispute resolution (ODR platform), which is available at https://ec.europa.eu/consumers/odr. We are neither willing nor obligated to participate in a dispute resolution procedure before a consumer arbitration board.

14. FINAL PROVISIONS AND SEVERABILITY CLAUSE

    14.1. These Terms and Conditions and the contractual relationship between us and the Customer are governed by the laws of the Republic of Slovenia, excluding the UN Convention on Contracts for the International Sale of Goods and international private law.
    14.2. The international and exclusive place of jurisdiction for all disputes arising from this contractual relationship is our registered office in Kranj. We are, however, entitled in all cases to initiate legal proceedings at the Customer's place of business. Superordinate statutory provisions, in particular, on exclusive jurisdiction, remain unaffected.
    14.3. If any provision is or becomes invalid or unenforceable in whole or in part, this has no effect on the validity of the remaining provisions. The same applies if and to the extent that an omission is revealed in this contract. In place of the invalid or unenforceable provision, an appropriate provision will apply which, as far as legally possible, corresponds to the sense and purpose of the invalid or unenforceable provision or to the presumed intention of the parties, just as if they had considered this point.
    Version 1.1.0 / Last updated on October 12, 2024