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General terms and conditions for owncube.com [v2 04/2017]

1. General

1.1 The following general delivery and business conditions are stipulated as part of our Internet offer and the subsequently negotiated contracts respectively, as well as part of any subsequent delivery contract.
1.2 The general delivery terms also apply - in case they are correspondingly applicable - to advisory and planning as well as information service related to delivery.
1.3 Customers' regulations to the contrary are explicitly objected, even in case of transmitting these regulations to the contrary in a confirmation letter or any other way. If these conditions do not contain any regulations, the law applies.
1.4 Inefficacy of single regulations within these conditions does not affect the validity of other regulations.


2. Offers and order confirmation

2.1 Our offers are without obligation; a conclusion of contract is effected after order confirmation, yet not later than at product or service delivery.
2.2 Images and descriptions in catalogues, leaflets, Internet presentations and other promotion material are only approximate, unless they are explicitly identified as mandatory. Offers are subject to modification, unless the customer suffers unreasonable changes to his subject of the contract.
2.3 Estimates of cost need to be made in writing.


3. Prices

3.1 All prices are final prices and are quoted in Euro. Austrian VAT is not applicable due to the Small Business Exemption Regulation.
3.2 Mailing expenses (including possible insurance costs) from our business location are charged separately, if not prearranged differently.
3.3 The delivered product remains OwnCube property until full payment.


4. Terms of payment

4.1 All payments are due without discount 21 days after obtaining the receipt at the latest. Customers always obtain their bills 3 weeks in advance. Payments can be conducted by Paypal, bank transfer or credit card via PayPal gateway.
4.2 Payment delays after repeated admonition legitimate OwnCube e.U. to deactivate the customer's Internet presence/cloud immediately. To reactivate the Internet presence, the unpaid invoice can be balanced directly in the customer panel, and the service will be unlocked automatically.
Such a customer-induced deactivation of Internet presence leads to deletion of the account after 30 days overdue, without an option of recovery.
4.3 Early termination of contract for important reasons: In case of delayed payment, OwnCube e.U. is entitled - after ineffective written or electronic admonition, a 4-week respite and threat of early termination of contract - to annul the contract with immediate effect. The customer will receive a reminder mail before due-date, 2 days overdue emails, and a lock email. In case of contract termination - for whatever reason - OwnCube e.U. is not obliged to provide the pre-agreed services anymore. OwnCube e.U. therefore is entitled to delete all saved and administrated data. Storing and saving data in time lies exclusively in the customer's responsibility. Regular backups also rest with the customer's due diligence. After a justified deletion, the customer is not entitled to raise any claims towards OwnCube e.U.
4.4 Delayed payments result in bankable default charges in the amount of 10% p.a.
4.5 Offsetting with disputed and not legally determined counterclaims is excluded. The retention of payments by the customer due to counter claims from other contractual relationships is excluded.
4.6 Payments are always applied to the oldest outstanding receivables.
4.7 Invoices which are not objected within 14 days by email or support ticket shall be deemed to be accepted.


5. Prohibition of assignment

Customers' rights deriving from their contract with OwnCube e.U. are not transferable.


6. Warranty

6.1 The customer is obliged to examine delivered products or services for deficiencies immediately. Notification of deficiencies requires written form. Obvious deficiencies must be reported in written form within seven days of receipt of the product, hidden deficiencies immediately after their discovery. If the buyer omits the complaint in timely and correct form, the goods or service shall be deemed to be accepted.
6.2 If possible, the warranty is given by reworking or replacement delivery; if the warranty fails in this way, the buyer is entitled to reduce the purchase price or to rescind the contract.
6.3 Any warranty in case of improper handling of the delivered product is excluded.


7. Liability

7.1 Unless otherwise stipulated in these Terms and Conditions, all claims of the customer, in particular claims for damages of any kind, shall be excluded, with the exception of such compensation claims, which are based on the intent or culpable negligence of our employees and / or our vicarious agents.
7.2 Support by our employees or instructions from manuals are given to the best of our knowledge, however, they are non-binding and do not constitute a contractual legal relationship, nor are any additional obligations arising from the purchase contract.


8. Termination, contract periods

8.1 OwnCube has no contract periods. Why is that? We want our customers to use our service because they appreciate it and because we offer them new and good service, and NOT because they are liable to a contract. You can sign off at any time by just two clicks or by allowing your service to expire – it will be terminated automatically.
8.2 The duration of Internet domains is 1 year and is terminated, if not renewed, with the registrar.
8.3 All terminations must be done by means of a notice function in the customer panel or by email at support@owncube.com.


9. Technical problems, service delays

9.1 In case of technical problems, there is no claim for liability for damages and consequential damages as well as loss of profit, except in the case of intent and culpable negligence.


10. Customer obligations and liability

10.1 Customers may not violate any applicable law in terms of form, content and purpose of their Internet presence. The customer assures that he/she will never use services provided by OwnCube e.U. to neither spread any glorification of violence, racist, right- or left-wing extremist content, nor refer to links with any content mentioned before. Otherwise, OwnCube e.U. is entitled to refuse the admittance of the Internet pages or to delete them. OwnCube e.U. assumes no auditing duty.
10.2 Sending mass emails (SPAM) as well as mass postings in newsgroups is prohibited.
10.3 The customer must ensure that HTML forms, CGI and Java programs, which he/she has submitted online, do not constitute a security risk for the servers, and that OwnCube computer capacities are not overloaded or blocked by incorrect programming.


11. Domain

11.1 OwnCube e.U. does not guarantee that the domains ordered by the customer can actually be assigned (first come, first serve) - In addition, assignment units reserve the right to reject domain requests without giving reasons.
11.2 The customer undertakes to comply with the official guidelines (local presence in, for example, the Netherlands) of the respective registration office and not to violate the rights of third parties (name and trademark). The customer has to check, if the desired domain name does not infringe a registered trademark or patent or the domain name is not protected by trademark law. In the event that OwnCube e.U. is used by third parties for the infringement of such rights, the customer is obliged to indemnify OwnCube e.U. We also reserve the right to block the domain concerned.


12. Data protection

12.1 The customer agrees that his personal data, which is received within the framework of the business relations, are stored and processed automatically in a computerized manner for processing the business relationship. He/she is entitled at any time to retrieve the data stored on his person or his pseudonym from the provider free of charge.
12.2 OwnCube does not pass on customer data to third parties !
12.3 If data are transferred to OwnCube servers - no matter what form -, the customer creates backup copies. OwnCube servers are backed up regularly. In the event of a loss of data, the customer is obliged to provide the relevant data again free of charge. OwnCube e.U. assumes no guarantee for the data on servers or backups. The customer is responsible for regular backups. No form of liability and compensation for loss of data is provided by OwnCube e.U.
12.4 Customers receive a user identification and a password to maintain their virtual host/server. They are obliged to treat it confidentially and are liable for any misuse resulting from an unauthorized use of the password. Customers have the option at any time to change their password via an online administration tool.


13. Court of jurisdiction

Company court: Handelsgericht Wien


14. Others

Should individual provisions of this contract be or become invalid or ineffective, the remaining contents of this contract shall not be affected. The contract partners will cooperate in partnership to find a regulation which is as close as possible to the invalid provisions.

Privacy Policy DSGVO compliant [v2 04/2017]

General

The following gives a simple overview of what happens to your personal information when you visit our website. Personal information is any data with which you could be personally identified. Detailed information on the subject of data protection can be found in our privacy policy found below.


Data collection on our website

Who is responsible for the data collection on this website?

The data collected on this website are processed by the website operator. The operator's contact details can be found in the website's required legal notice.

How do we collect your data?

Some data are collected when you provide it to us. This could, for example, be data you enter on a contact form.

Other data are collected automatically by our IT systems when you visit the website. These data are primarily technical data such as the browser and operating system you are using or when you accessed the page. These data are collected automatically as soon as you enter our website.

What do we use your data for?

Part of the data is collected to ensure the proper functioning of the website.

What rights do you have regarding your data?

You always have the right to request information about your stored data, its origin, its recipients, and the purpose of its collection at no charge. You also have the right to request that it be corrected, blocked, or deleted. You can contact us at any time using the address given in the legal notice if you have further questions about the issue of privacy and data protection. You may also, of course, file a complaint with the competent regulatory authorities.


2. General information and mandatory information


Data protection

The operators of this website take the protection of your personal data very seriously. We treat your personal data as confidential and in accordance with the statutory data protection regulations and this privacy policy.

If you use this website, various pieces of personal data will be collected. Personal information is any data with which you could be personally identified. This privacy policy explains what information we collect and what we use it for. It also explains how and for what purpose this happens.

Please note that data transmitted via the internet (e.g. via email communication) may be subject to security breaches. Complete protection of your data from third-party access is not possible.


Notice concerning the party responsible for this website

The party responsible for processing data on this website is:

OwnCube e.U.
Stadtplatz 12, Top 2
3860 Heidenreichstein
Österreich
E-Mail: support@owncube.com

The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (names, email addresses, etc.).


Revocation of your consent to the processing of your data

Many data processing operations are only possible with your express consent. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.


Right to data portability

You have the right to have data which we process based on your consent or in fulfillment of a contract automatically delivered to yourself or to a third party in a standard, machine-readable format. If you require the direct transfer of data to another responsible party, this will only be done to the extent technically feasible.


SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and for the protection of the transmission of confidential content, such as the inquiries you send to us as the site operator. You can recognize an encrypted connection in your browser's address line when it changes from "http://" to "https://" and the lock icon is displayed in your browser's address bar.

If SSL or TLS encryption is activated, the data you transfer to us cannot be read by third parties.


Encrypted payments on this website

OwnCube e.U. will never ask for bank and / or credit card information! Payments are always made by you and we do not offer direct debit or credit card debit..

Payment transactions using common means of payment (Visa/MasterCard, direct debit) are only made via encrypted SSL or TLS connections. You can recognize an encrypted connection in your browser's address line when it changes from "http://" to "https://" and the lock icon in your browser line is visible.

In the case of encrypted communication, any payment details you submit to us cannot be read by third parties.


Information, blocking, deletion

As permitted by law, you have the right to be provided at any time with information free of charge about any of your personal data that is stored as well as its origin, the recipient and the purpose for which it has been processed. You also have the right to have this data corrected, blocked or deleted. You can contact us at any time using the address given in our legal notice if you have further questions on the topic of personal data.


Opposition to promotional emails

We hereby expressly prohibit the use of contact data published in the context of website legal notice requirements with regard to sending promotional and informational materials not expressly requested. The website operator reserves the right to take specific legal action if unsolicited advertising material, such as email spam, is received.


3. Data collection on our website


Cookies

Some of our web pages use cookies. Cookies do not harm your computer and do not contain any viruses. Cookies help make our website more user-friendly, efficient, and secure. Cookies are small text files that are stored on your computer and saved by your browser.

Most of the cookies we use are so-called "session cookies." They are automatically deleted after your visit. Other cookies remain in your device's memory until you delete them. These cookies make it possible to recognize your browser when you next visit the site.

You can configure your browser to inform you about the use of cookies so that you can decide on a case-by-case basis whether to accept or reject a cookie. Alternatively, your browser can be configured to automatically accept cookies under certain conditions or to always reject them, or to automatically delete cookies when closing your browser. Disabling cookies may limit the functionality of this website.

Cookies which are necessary to allow electronic communications or to provide certain functions you wish to use (such as the shopping cart) are stored pursuant to Art. 6 paragraph 1, letter f of DSGVO. The website operator has a legitimate interest in the storage of cookies to ensure an optimized service provided free of technical errors. If other cookies (such as those used to analyze your surfing behavior) are also stored, they will be treated separately in this privacy policy.


Server log files

The website provider automatically collects and stores information that your browser automatically transmits to us in "server log files". These are:

  • Browser type and browser version
  • Operating system used
  • Referrer URL
  • Host name of the accessing computer
  • Time of the server request
  • IP address

These data will not be combined with data from other sources.

The basis for data processing is Art. 6 (1) (f) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.


Contact form

Should you send us questions via the contact form, we will collect the data entered on the form, including the contact details you provide, to answer your question and any follow-up questions. We do not share this information without your permission.

We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.

We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Any mandatory statutory provisions, especially those regarding mandatory data retention periods, remain unaffected by this provision.


Registration on this website

You can register on our website in order to access additional functions offered here. The input data will only be used for the purpose of using the respective site or service for which you have registered. The mandatory information requested during registration must be provided in full. Otherwise, we will reject your registration.

To inform you about important changes such as those within the scope of our site or technical changes, we will use the email address specified during registration.

We will process the data provided during registration only based on your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.

We will continue to store the data collected during registration for as long as you remain registered on our website. Statutory retention periods remain unaffected.


Processing of data (customer and contract data)

We collect, process, and use personal data only insofar as it is necessary to establish, or modify legal relationships with us (master data). This is done based on Art. 6 (1) (b) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract. We collect, process and use your personal data when accessing our website (usage data) only to the extent required to enable you to access our service or to bill you for the same.

Collected customer data shall be deleted after completion of the order or termination of the business relationship. Legal retention periods remain unaffected.


Data transferred when signing up for services and digital content

We transmit personally identifiable data to third parties only to the extent required to fulfill the terms of your contract with us, for example, to banks entrusted to process your payments. Your data are merely transmitted to the corresponding registrars (e.g. Namecheap, Inwx) for registering your domain ( if ordered without whois protection ). In such cases, the data are transmitted in compliance with the Data Privacy Act. The amount of data transmitted is restricted to the minimum required.

Your data will not be transmitted for any other purpose unless you have given your express permission to do so. Your data will not be disclosed to third parties for advertising purposes without your express consent.

The basis for data processing is Art. 6 (1) (b) DSGVO, which allows the processing of data to fulfill a contract or for measures preliminary to a contract.


4. Newsletter


Newsletter data

If you would like to receive our newsletter, we require a valid email address as well as information that allows us to verify that you are the owner of the specified email address and that you agree to receive this newsletter. No additional data is collected or is only collected on a voluntary basis. We only use this data to send the requested information and do not pass it on to third parties.

We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1) (a) DSGVO. You can revoke consent to the storage of your data and email address as well as their use for sending the newsletter at any time, e.g. through the "unsubscribe" link in the newsletter. The data processed before we receive your request may still be legally processed.

The data provided when registering for the newsletter will be used to distribute the newsletter until you cancel your subscription when said data will be deleted. Data we have stored for other purposes (e.g. email addresses for the members area) remain unaffected.


5. Plugins and tools


Google Web Fonts

For uniform representation of fonts, this page uses web fonts provided by Google. When you open a page, your browser loads the required web fonts into your browser cache to display texts and fonts correctly.

For this purpose your browser has to establish a direct connection to Google servers. Google thus becomes aware that our web page was accessed via your IP address. The use of Google Web fonts is done in the interest of a uniform and attractive presentation of our website. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.

If your browser does not support web fonts, a standard font is used by your computer.

Further information about handling user data, can be found at https://developers.google.com/fonts/faq and in Google's privacy policy at https://www.google.com/policies/privacy/.


6. Payment service providers


PayPal

Our website accepts payments via PayPal. The provider of this service is PayPal (Europe) S.à.r.l & Cie, S.C.A. (22-24 Boulevard Royal, L-2449 Luxembourg.

If you select payment via PayPal, the payment data you provide will be supplied to PayPal based on Art. 6 (1) (a) (Consent) and Art. 6 (1) (b) DSGVO (Processing for contract purposes). You have the option to revoke your consent at any time with future effect. It does not affect the processing of data previously collected.




Last modified: 21.05.2018

Changes: 26.08.2018: coinbase removed
Security and SLA [v2 09/2018]

Our Service Level Agreements guarantee our services contractually. Thus, features like high availability, use of exclusively high-quality branded hardware, free-of-charge support and much more are not only a promise to you, but warranted characteristics. In our Service Level Agreements we have summarized all guaranteed benefits clearly arranged for you.
Our Service Level Agreements ( SLA ) guarantee our services contractually.

Service Level Agreement (SLA) for all services of OwnCube


First-class high-end Internet connection - the network

Operation of a large Gigabit backbone as well as use of various network providers and peering points. Multiredundant network connections to important nodes ensure fast web access - no matter if you go for Cloud Admin or you choose the Budget Dedicated Server, Standard or Performance Server.
OwnCube guarantees that the internal network of the Service Datacenter is available at all times, except for planned maintenance work carried out after the customer's preliminary information.
OwnCube guarantees that Internet connection of the services is available in 99.9% of the time, except for planned maintenance work carried out after the customer's preliminary information.


Location

of all servers in a professional datacenter with air conditioning, fire protection, access control. There are strict security precautions for safeguarding access to the datacenter premises. Each employee is equipped with a personal RFID card, on which his access authorization is stored. These are regularly checked and adapted as required. In order to be able to enter the premises, each employee must first present his card for verification and pass an access lock individually. The datacenters themselves have an even higher level of security, since they can only be entered by especially authorized employees.



Free-of-charge 24/7 email service

for all our packages and requests (customer service, technology, sales, ...) with the fastest possible reaction time within the booked SLA.
SLA1: 12h business hours Mon-Fri 08-17 ( 9h SLA per day )
SLA2: 6h business hours Mon-Fri 08-17 ( 9h SLA per day )
SLA3: 1h 24/7 around the clock



Additional "24/7 emergency support"

for SLA3 customers. A technician is at your disposal during the "24/7 Emergency Support" in case of urgent individual failures and problems at any time and around the clock.



Support from our "Quality Management"

in case you might eventually not be satisfied. Direct management contact is possible at any time via customer menu and email.



Automatic monitoring

of the server you use, incl. all our services (email, web, etc.) as well as the automatic notification and intervention of our standby service in the event of a breakdown around the clock.



First response failure

in the case of technical defects and failures within a maximum of 30 minutes from receipt of the failure message at our standby service (monitoring/emergency contact).



Prompt provision

of status messages and information in the event of a failure or maintenance at status.owncube.com, as well as automatically via email if registered in the mailing list.



Availability

of the services offered by us on average 99.9% per year and service. Pro-rata reimbursement of monthly basic fee. Refund as a percentage of the monthly service price starting from customer contact.



Use of redundant systems

as far as technically possible and economically reasonable to minimize the risk of failures. Use of high-quality components and system elements Safeguarding server hard disks by using RAID 1/5/10 (data mirroring) in order to minimize risk of failure and data loss.



Money-back guarantee:

You can test all our rates without risk. If you are not satisfied, please send us your contract cancelation within 7 days, or use the canceling function in the customer panel. You will then be refunded the full amount.
The money-back guarantee does not apply to domain registrations, SSL and other supplementary services.
For a fully free-of-charge test you can simply use a free OwnCube subdomain at your order and refrain from booking additional service during your test period.



Our 1st and 2nd level customer service

will be happy to help you with any questions concerning our offers and services. Even when it comes to questions concerning the use of our services with third-party products, we are ready to help with words and deeds as far as possible. Excluded from this SLA is advice regarding third-party products in case they are not directly related to the services we provide (Nextcloud, ownCloud, Server OS and Software). Please note that Cloud Admin offers are not suitable in any case and for every application area or user number, and despite high-quality components the technical power resources are not scalable and expandable at will. Please contact us with questions and problems so that we can find an individual solution together with you.



SLA selection for ALL server packages, VPS SSD, VPS STOR, DEDICATED SERVER.

All packages include the free SLA 1 (12h business hours / working days MON-FRI 08-17 at 9h SLA per day) for support responses, orders, ....
If you want a faster response / setup time, you have to change / set the SLA accordingly when ordering. You get more benefits with a higher SLA:
E.g. SLA2, with a response time of only 6h business hours / working days or
E.g. SLA3 response time 24/7 at max. 1h, monitoring of your services from 30 countries, faster cloud upgrades due to high priority, live chat support, loading time checks, high priority ticket status, ... are also included. The SLA2 is available for € 5 and the SLA3 for € 10 extra per month and can be selected when ordering.


More benefits of a business account:

* Fast support max. 1h around the clock, average response time 2-10 minutes for 6 years
* Faster cloud upgrades due to high Prio
* Installation of Apache / PHP extensions on request
* Log analystic the cloud
* Theme Design support by our developer team
* Daily bug and security fix integration if available
* Setup, service as well as addon orders are placed at the very beginning of the checklist and are therefore processed first
* Business contracts/account
* Hosting on business servers
* IPv6 support
* Live chat support
* Automatic speed tests for up / download to provide you with the best performance, as well as direct intervention and analysis for detected problems
* Load time checks of the cloud from different countries / countries including backend login for the customer's view
* Statistics evaluation as well as Taskreports over completed accomplishments / interventions -> weekly
* Direct contact with a technician
* Monitoring of your service from 30 countries 24/7 incl. Own login to the monitoring panel
* High Prio ticket status


This SLA applies to all packages on owncube.com .


Changes:
Point 13: Change = ADD "Test service, ..."
Point 13: Change = ADD PART "More benefits of a business account:"

Some OwnCube features

End2End encryption
Accessible from anywhere
Synchronize your files
Share files with a few clicks
Versioning and trashbin
Activity feed
Server-side encryption app
Photo gallery + sharing
Music- / Video-Streaming
Password/expiry date option
Online collaboration
Collabora / Office
Contacts/calendar + Sharing
File Activity feed
Collabora Online / Videochat
Keeweb - Open Keepass
Notes and texts
Audio / Video Chat
All features can be found on the Nextcloud webseite, as well as in the Nextcloud store

OwnCube: trusted by companies, clubs and schools worldwide

and many more!

7-day money-back guarantee

You can try all our services without any risk. We want you to be satisfied, that is why we as an experienced cloud provider offer an exclusive money-back guarantee: in case of any dissatisfaction you can withdraw within 7 days without justification, and we will refund the full amount. For a fully free-of-charge test you can simply use a free OwnCube subdomain at your order and refrain from booking additional service during your test period. Test and see, no risk, for 7 days!