§ 1 – Description of services
1. An overview of the exact performance description can be found on the respective product pages. The information given there becomes a binding technical part of the contract for the services.
§ 2 – Conclusion of contracts
1. For the self-hosted version, the provider provides his customers with an order form at servermon.io via the payment provider Stripe. The customer can use this to place a binding order for his desired licence via a Stripe checkout. This concludes the contract.
2. For the hosted version, the Provider shall provide its customers with an order form at my.servermon.io via the payment provider Stripe. The customer can use this to load his or her credit account. This concludes the contract.
§ 3 – Data collection and storage
1. The provider collects and processes the data required to provide and invoice services to the customer. These are inventory data, usage data and billing data. In all other respects, the data protection regulations of our contract for order processing pursuant to Art. 28 DS-GVO shall apply.
§ 4 – Payments and prices
1. Unless otherwise agreed, fees are to be paid in advance for the billing period selected in the order.
2. We accept payment by credit card (Stripe).
3. The prices stated on the provider’s websites are aimed at traders and do not include 19% VAT.
§ 5 – Obligations of the customer
1. The customer assures that he is an entrepreneur and has a valid VAT ID.
2. The customer is obliged to provide correct and complete personal data when registering and to inform the provider immediately of any changes to this data.
3. The customer is responsible for any misuse of his access data (incl. licence code) by third parties if he is responsible for such misuse.
4. The customer is aware that the money on his credit account cannot be paid out.
5. The customer is aware that the provider has the unrestricted copyright on ServerMon. The customer is not allowed to use the source code or parts of it in own free or commercial projects.
6. The customer is not allowed to publish the source code (e.g. on platforms like Github).
§ 6 – Liability
1. The provider is liable without limitation as far as the cause of damage is based on intention or gross negligence. Furthermore, the provider is liable for the slightly negligent breach of essential obligations, the breach of which endangers the achievement of the purpose of the contract, or for the breach of obligations, the fulfilment of which makes the proper execution of the contract possible in the first place and the observance of which is regularly relied upon. In this case, however, the provider shall only be liable for the foreseeable damage typical for the contract. The provider is not liable for the slightly negligent breach of obligations other than those specified in the above sentences.
The above limitations of liability shall not apply in the event of injury to life, limb or health and in the event of fraudulently concealed defects. Liability under the Product Liability Act remains unaffected. Insofar as the liability of the supplier is excluded or limited, this also applies to the personal liability of employees, representatives and vicarious agents.
§ 7 – Warranty
1. The legal warranty regulations apply.
§ 8 – Term of contract / termination
1. The term of the contract depends on the package agreed or selected on the provider’s website at the time the contract is concluded.
2. The contractual relationship can be terminated without notice by either party for good cause. The termination must be made in writing.
§ 9 – Final Provisions / Place of Jurisdiction
1. Cyprus law shall apply. The contractual language is English.
2. The place of jurisdiction is Paphos, Cyprus.