Terms and Conditions

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General Terms and Conditions (AGB) of Byte-Hosting

§ 1 Scope of Application

  1. These General Terms and Conditions (hereinafter "AGB") apply to all contracts, services, and offers of Byte-Hosting (hereinafter "Provider") made with its clients (hereinafter "Client").
  2. These AGB apply exclusively to business clients (B2B) within the meaning of § 14 BGB (German Civil Code), legal entities under public law, or special funds under public law.
  3. Any deviating, conflicting, or supplementary terms and conditions of the Client shall not become part of the contract unless the Provider explicitly agrees to their validity in writing.

§ 2 Conclusion of Contract & Custom Quotes

  1. All offers made by the Provider on the website are non-binding and subject to change.
  2. Because the Provider offers bespoke solutions, a binding contract is only concluded when the Client explicitly accepts a custom, written quote provided by the Provider, or when the Provider confirms an order in writing (including email).

§ 3 Scope of Services The Provider offers services in three primary areas. The exact scope of services is defined in the individually agreed quote:

  1. Hosting (Web, Mail, VM, & Baremetal): The Provider leases server space and computing resources. The Provider ensures the physical security and network connection of the infrastructure.
  2. Software Development (PHP, Laravel, Joomla): The Provider develops, customizes, and maintains software applications based on the agreed specifications.
  3. IT Consulting & Network Architecture: The Provider advises the Client on network design, server optimization, and infrastructure architecture. Consulting services are provided as service contracts (Dienstvertrag) where the Provider owes the agreed advisory activity, but not necessarily a specific economic success.

§ 4 Obligations of the Client

  1. Lawful Use: The Client undertakes not to host, transmit, or link to any content that violates applicable EU or national law, infringes on third-party copyrights, or contains malware, spam, or abusive material. The Provider reserves the right to immediately suspend services if this is violated.
  2. Cooperation: For development and consulting projects, the Client must provide all necessary information, access rights, and materials in a timely manner. Delays caused by the Client will adjust the delivery deadlines accordingly.
  3. Backups: Unless an explicit "Managed Backup" service is agreed upon in the quote, the Client is solely responsible for creating regular backups of their data stored on the Provider's servers.

§ 5 Availability and Service Levels (Hosting)

  1. The Provider guarantees an annual average network availability of 99.9% for its hosting infrastructure, excluding maintenance windows and circumstances outside the Provider's control (e.g., force majeure, DDoS attacks, regional internet outages).
  2. Planned maintenance work will be communicated to the Client in advance whenever possible.

§ 6 Rights of Use (Intellectual Property)

  1. Upon full payment of the agreed remuneration, the Provider grants the Client a non-exclusive, spatially and temporally unlimited right to use the custom software developed (Laravel/PHP applications, Joomla templates).
  2. The Provider retains the right to reuse underlying generic code, libraries, and frameworks (e.g., open-source components) for other projects.
  3. The transfer of source code is only included if explicitly agreed upon in the quote.

§ 7 Remuneration and Payment Terms

  1. All prices are net prices and do not include the applicable statutory value-added tax (VAT).
  2. Invoices are payable within 14 days of receipt without deduction, unless otherwise agreed in the quote.
  3. In the event of default of payment, the Provider is entitled to suspend hosting services after giving prior notice and a reasonable grace period.

§ 8 Liability

  1. The Provider is liable without limitation for intent and gross negligence, as well as for damages resulting from injury to life, body, or health.
  2. For slight negligence, the Provider is only liable if an essential contractual obligation (cardinal duty) is breached. In this case, liability is limited to the foreseeable, contract-typical damage.
  3. The Provider assumes no liability for lost profits or data loss if the Client failed to perform adequate backups as required under § 4.3.

§ 9 Data Protection (GDPR)

  1. Both parties commit to complying with applicable data protection laws, specifically the General Data Protection Regulation (GDPR).
  2. Insofar as the Provider processes personal data on behalf of the Client (e.g., via Hosting services), the parties will conclude a separate Data Processing Agreement (DPA / AVV) in accordance with Art. 28 GDPR.

§ 10 Final Provisions

  1. The laws of the Federal Republic of Germany shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).
  2. The exclusive place of jurisdiction for all disputes arising from this contract is the registered office of the Provider, provided the Client is a merchant, a legal entity under public law, or has no general place of jurisdiction in Germany.