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General Terms and Conditions (GTC)
§ 1 Scope and amendments of the GTC
These General Terms and Conditions, hereinafter referred to as "GTC", apply to all business relationships between Sebastian Diers, SyntaxPhoenix IT-Solutions (hereinafter referred to as "SyntaxPhoenix") and the customer. The special regulations listed in the appendix only apply if the customer also uses one of these services.
The GTC apply to all contracts concluded between the parties (orders), even if these do not explicitly refer to the GTC. Conflicting general terms and conditions of the customer do not apply, even if SyntaxPhoenix does not explicitly contradict them. Individual special agreements take precedence over these general terms and conditions; this does not apply to pre-formulated contractual conditions of the customer.
SyntaxPhoenix reserves the right to make adjustments to these GTC at any time. For the conclusion of new contracts, the version current at the time is decisive. For existing customers, the amended GTC will only come into effect under the following circumstances and rules:
Possible circumstances justifying an adjustment are: Subsequent, unforeseeable changes that SyntaxPhoenix does not cause and over which SyntaxPhoenix has no influence and which are unilaterally to the detriment of a party. As well as loopholes that have arisen in the GTC that lead to difficulties in the execution of the contract.
SyntaxPhoenix will send the customer the amended GTCs four weeks before they come into force, explaining the reason for and the scope of the amendments. If the customer does not object to these changes in writing or by fax before they come into effect, but continues to make use of the services of SyntaxPhoenix, the changes to the GTC are considered accepted. The amended GTC in their amended form will then also apply to existing contracts from the announced date. In the event of a timely objection, the previous GTC between the two parties shall continue to apply, in which case both the customer and SyntaxPhoenix shall be entitled to terminate the contract with ordinary notice in accordance with No. 7.2.
§ 2 Communication and conclusion of contracts
Unless otherwise indicated, offers and telephone information by SyntaxPhoenix are not binding. The offers and service descriptions published on the SyntaxPhoenix website at
Customers may send orders to SyntaxPhoenix in writing or by e-mail. Even if it is not possible to place an order over the phone, SyntaxPhoenix will provide the customer with a written quote in response to such requests.
If the customer requests written notification in individual cases and not explicitly, it is assumed that the customer agrees that information on contracts may be sent by e-mail. This also applies to confidential information such as access data for booked services or the SyntaxPhoenix login services.
§ 3 Data privacy
Personal data of the customer are only collected if they are necessary for the contractual relationship.
The customer's e-mail addresses will be used exclusively for information regarding existing contracts, invoices and payments, and if agreed by the customer, also for newsletters from SyntaxPhoenix.
We do not pass on any personal customer data to third parties. Excluded from this are service partners, provided that they are necessary for the provision of the service defined in the contract.
§ 4 Scope of service
In order to provide its services, SyntaxPhoenix must rely on infrastructure that is operated by third parties and is outside the sphere of influence of SyntaxPhoenix. Therefore, errors or impairments of the services may occur that are beyond the control of SyntaxPhoenix. This refers in particular to force majeure or general Internet outages.
Unless otherwise contractually agreed, SyntaxPhoenix guarantees a minimum average annual availability of 99.7% for all Internet-based products. Servers and services are considered available if they are essentially operational. The following circumstances therefore do not count as interruptions to availability:
Failures of availability due to errors of third parties which are beyond the control of SyntaxPhoenix
Outages due to force majeure
Maintenance work to minimize or prevent security risks. This includes the installation of updates to prevent security risks and the associated risk of the system being taken over by third parties through exploits, for example.
The guaranteed minimum availability can, if necessary, be increased by adding optional "Service Level". The additional conditions are described in a separate product description of the respective "Service Level". These conditions apply in addition to the general terms and conditions. If the "service level" is not achieved, SyntaxPhoenix will reimburse the customer for any downtime incurred. The refund will take the form of a credit to the SyntaxPhoenix credit balance. A refund can only be made if the customer notifies SyntaxPhoenix in writing by letter or fax within 30 days of the end of the calendar month for which the refund is requested. In principle, such a refund can only be requested after the end of the calendar month in question in which the non-compliance arose. The date of receipt by fax or postmark is decisive for timely receipt. The maximum amount of the refund concerns 100% of the monthly rent of the respective product to which the customer requests a refund, unless otherwise agreed.
SyntaxPhoenix performs regular maintenance and service work to maintain the performance of the technology. If this work results in downtime, SyntaxPhoenix tries, if possible, to schedule this at times when there is typically little workload. Furthermore, SyntaxPhoenix will inform customers if they are affected by such maintenance and service work.
Software updates are installed at regular intervals to maintain a high level of security. This may change the nature or scope of the services provided by SyntaxPhoenix. Very rarely, but sometimes, updates also require changes to the content stored by customers or the applications installed by customers. If possible, SyntaxPhoenix will inform the customer in advance. If such a software update results in changes that are unacceptable, the customer may terminate the contract extraordinarily.
SyntaxPhoenix is entitled to have the services owed provided in whole or in part by third parties
During the term of a contract, a change to a option with more performance (upgrade) is possible at any time at the request of the customer. Possible costs for a change are to be inquired at SyntaxPhoenix. Once the change has been made, a new contract begins on the basis of the service description and general terms and conditions applicable at the time of the change, with a new minimum term, if applicable. In the event of such a change, payments already made will be credited proportionately to the new contract.
Soweit im einzelnen Vertrag nicht anderweitig vereinbart, erbringt SyntaxPhoenix Supportleistungen per E-Mail, Tickets im Kundenpanel oder über das Kontaktformular unter
§ 5 Terms of payment
Unless another payment cycle has been defined, all payments with fixed fees are to be paid in advance for the corresponding term. The term is specified in the corresponding product description. Payments of products / services which are billed per usage will be invoiced at the end of the term.
Invoices must be paid within 14 days of receipt.
If a customer is in default of payment, SyntaxPhoenix can limit or block the services to the customer after prior notice. This also applies to domains registered by the customer. For such a blocking, the customer has to pay a handling fee of 15 Euro, as far as he does not prove that in the individual case a substantially smaller or no damage has arisen.
If the customer is in default with the payment of a not insignificant part of the amount for 2 consecutive months or for a period longer than 2 months with an amount SyntaxPhoenix reserves the right to terminate the contractual relationship without notice for good cause.
The customer may only contest claims with legally established or undisputed counterclaims.
As with any service provided on an ongoing basis, the cost of services provided by SyntaxPhoenix may change due to economic and legal reasons (such as increases in the price of energy and telecommunications). SyntaxPhoenix reserves the right to change the prices at the beginning of a new billing period with a change period of 4 weeks. The customer has the right to give extraordinary notice of termination at the time the change comes into effect. If the customer does not make use of this right by the time the changes come into force or within a maximum of 3 months after receipt of the notification, the change is deemed to have been approved. SyntaxPhoenix will explicitly point this out to the customer.
§ 6 Obligations of the customer
The customer is obliged to provide complete and correct personal data. The customer is obliged to keep this data up to date at all times in the SyntaxPhoenix account information or alternatively to inform SyntaxPhoenix of the changes by e-mail.
The customer undertakes to change the access data assigned to him without delay and to keep it secret from third parties. The customer is responsible for any misuse of his access data by third parties, unless he can prove that he is not at fault.
The customer is responsible for making and maintaining sufficient backup copies of its deposited data, unless otherwise agreed, SyntaxPhoenix does not back up the customer's data.
By using the services of SyntaxPhoenix, the customer undertakes to operate the services provided by SyntaxPhoenix only in compliance with the legal regulations and to to refrain from actions that could lead to a disruption in the operation of SyntaxPhoenix's servers. In particular, the following actions are prohibited:
Depositing and making available data and material of a pornographic, commercial erotic nature as well as unprotected material which the user is not entitled to distribution of which the user is not authorized (e.g. so-called illegal MP3 downloads or "warez" sites).
The operation of mining services such as "Bitcoin", "Chia" and the like.
mass sending of emails
Calling for acts of violence and terrorism as well as depositing and making accessible data and material with right-wing and left-wing extremist content or of an insulting nature.
The operation of services that result in high CPU utilization. Excluded from this are services that are not shared with other customers, such as dedicated servers and colocation.
The customer undertakes to ensure the legality of the content provided by him, SyntaxPhoenix is not responsible for checking this.
SyntaxPhoenix is entitled to temporarily block the services made available to the customer if the customer violates the aforementioned contractual obligations or if a concrete suspicion exists. This applies in particular, if third parties demand an omission of the actions performed by the customer under indication of reasons and these reasons are not obviously incorrect. Likewise, investigations by state authorities shall be deemed to be a given reason. As far as possible, SyntaxPhoenix will give customers the opportunity to be heard before blocking them. If this is not possible in individual cases due to a particular need for time, SyntaxPhoenix will inform the customer subsequently and give him the opportunity to state his position. The blocking must be lifted if the suspicion is invalidated or the contract can be terminated by SyntaxPhoenix on an extraordinary basis due to identified violations.
With all due care, malfunctions of the technical equipment may occur. If a customer detects such a malfunction in the equipment he is using, he must report this malfunction to SyntaxPhoenix immediately.
§ 7 Termination and term of contract
Unless otherwise agreed, contracts are concluded for an indefinite period. Such contracts may be terminated by either party with a first notice of one month to the end of the current contract term, but no earlier than the expiry of a contractually agreed minimum term.
If one party is entitled to a special right of termination under the GTC, the contract may be terminated with a first notice period of one month to the end of the month, irrespective of the contractual minimum term.
Contracts with a contractual minimum term of 12 or more months are automatically extended by a further 12 months, unless they are terminated with a first notice of one month to the end of the current contract term.
Cancellations can be made in text form (§ 126 b BGB), e.g. by e-mail, letter or fax. The name of the person making the declaration is required for this. It must be clearly recognizable to SyntaxPhoenix who submitted the notice of termination. In addition, it is helpful for identification purposes if the e-mail is sent via the e-mail stored in the customer account. However, if there are reasonable doubts about the identity of the person who submitted the cancellation, SyntaxPhoenix reserves the right to ask further questions about the identity.
In the event of termination, the customer must inform SyntaxPhoenix how to proceed with the domains defined in the terminated contract, if any. If the customer does not provide any information even upon request by SyntaxPhoenix, SyntaxPhoenix will delete the domains (Close). In the event that the termination is initiated by SyntaxPhoenix, the above conditions also apply, except that in this case SyntaxPhoenix must request the relevant information with the termination.
However, this does not affect the right of both parties to terminate the contractual relationship without notice for good cause. An important reason for termination by SyntaxPhoenix exists in particular in the following cases:
The customer is in default of payment of a not insignificant part of the amount for 3 consecutive months or a period longer than 3 months with an amount which corresponds to a monthly fee
The customer is insolvent or an insolvency petition has been opened.
The customer violates essential contractually agreed obligations and does not immediately cease this violation even despite a warning or notification of the blocking of the services by SyntaxPhoenix.
§ 8 Liability and warranty
SyntaxPhoenix is not liable for damages, consequential damages or lost profits due to malfunctions and technical problems that are beyond the control of SyntaxPhoenix. SyntaxPhoenix is also not liable for damages based on the violation of the customer's obligations, in particular the obligation to back up the data.
Liability regardless of fault is excluded for defects in the storage space provided that were already present at the time the contract was concluded.
SyntaxPhoenix is liable for itself or a person necessary for the fulfillment only in case of gross negligence or intent. This does not apply in the case of breach of duties that enable proper fulfillment of the contract in the first place and on which the on whose observance the contractual partner regularly relies and may rely (essential contractual obligation). In the event of non-compliance with the contractually defined minimum availability, SyntaxPhoenix is liable, unless otherwise contractually agreed, for each service purchased, up to a maximum of one month's rent for the corresponding service. In the event of a slightly negligent breach of material contractual obligations, SyntaxPhoenix is liable for itself and a vicarious agent only for typical damages that were foreseeable at the time the contract was concluded. foreseeable at the time of the conclusion of the contract.
The customer is liable for all direct and consequential damages incurred by SyntaxPhoenix as a result of the breach of the contractual obligations under No. 6.
The customer agrees to indemnify SyntaxPhoenix from claims of third parties of any kind resulting from illegality of content that the customer has stored on the provided storage space. storage space. This right to indemnification also applies to SyntaxPhoenix's legal defense costs, such as attorney's fees and court costs.
§ 9 Right of revocation and consequences of revocation
You may revoke your contractual declaration in text form (e.g. letter, fax, e-mail) within 14 days without stating reasons. The period begins after receipt of this instruction in text form, but not before conclusion of the contract.
The timely dispatch of the revocation is sufficient to comply with the revocation period, the revocation is to be sent to:
Fax: 0441/249 22 458
Consequences of withdrawal
In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived (e.g. interest) shall be surrendered. If you are unable to return the received performance in whole or in part or only in a deteriorated condition, you may be required to compensate us for the loss in value. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation, for us with its receipt.
§ 10 Place of Jurisdiction, Applicable Law and Final Provisions
German law applies.
The place of jurisdiction and performance for all disputes between the parties is Oldenburg(Oldb). This shall only apply if the customer is a legal entity under public law, a merchant or a special fund under public law or has no general place of jurisdiction in Germany.
Changes to contractual agreements must be made in writing.
Special regulations for server management
If server management is part of the contract concluded between SyntaxPhoenix and the customer, the following provisions shall apply in addition:
SyntaxPhoenix undertakes to provide the operating system of the server with updates in a timely manner and to install available updates and patches, as far as they are available. However, this does not exclude security vulnerabilities caused by configuration or programming errors for which solutions are not yet available. SyntaxPhoenix is not liable for damages caused by third parties exploiting security vulnerabilities for which solutions are not yet available.
If SyntaxPhoenix has taken over the management and administration of the provided server, the customer will not be granted root access to the server.
Special regulations for web hosting
If web hosting (provision of storage space with connection to the Internet) is part of the contract between the customer and SyntaxPhoenix, the following additional regulations apply:
SyntaxPhoenix provides the customer with a storage space defined in terms of quantity per service description with connection to the Internet on any storage medium for use by the customer within the scope of these GTC.
Each access to the data deposited by the customer via the Internet is a transfer of data (traffic). If the customer exceeds his contractually granted inclusive volume, a fee will be charged for each GB(gigabyte) of traffic, the amount of this fee is shown in the service description.
Special regulations for colocation
If colocation is part of the contract between SyntaxPhoenix and the customer, the following additional regulations apply:
SyntaxPhoenix provides the customer with height units for the installation of telecommunication devices. The customer can book power and network connectivity for these height units accordingly; these are intended exclusively for the height units booked and the equipment housed in them. SyntaxPhoenix has no influence on traffic outside its own network, SyntaxPhoenix merely provides the connection between the handover point of its own network with the Internet and the system handed over by the customer. the system handed over by the customer.
SyntaxPhoenix as well as the respective data center monitor access to the data center and grant access only to authorized persons. The customer can only gain access to his colocation by prior appointment. The respective conditions and house rules of the respective data center apply.
The customer has the following obligations to cooperate:
The customer bears sole responsibility for the maintenance and technical operation of its equipment. SyntaxPhoenix is not subject to any duty of care.
The customer uses only devices which are designed for operation in 19 inch racks.
The customer shall use its housed equipment only within the specifications permitted by law.
The customer's installed equipment may only be used within the contractual regulations and for the contractually agreed purpose.
At the customer's request, SyntaxPhoenix performs so-called "remote hands" on the customer's equipment. These are billed according to a previously accepted price list.
SyntaxPhoenix assumes no liability for the customer's equipment. The customer indemnifies SyntaxPhoenix against any claims for damages relating to the equipment technology. Should the customer accommodate equipment for third parties, the customer assumes the same responsibility towards SyntaxPhoenix as if this were his own equipment.
SyntaxPhoenix is entitled to close locations in certain data centers at any time. Customers who are affected by a site closure will be informed in advance. The removal of the equipment at the old location and the installation of the equipment at the new location will be carried out by SyntaxPhoenix.
The customer can take back his set devices at any time. However, this shall not affect the contractual relationship. In particular, the obligation of the customer to pay the fee remains until the termination of the contractual relationship.
If the contract for colocation is terminated, the customer can decide whether to dismantle its equipment itself free of charge or have it dismantled by SyntaxPhoenix for a fee defined in the contract. In the latter case, the customer can decide whether to collect the hardware from SyntaxPhoenix or have it sent to him. In this case, the customer agrees to bear the costs of packaging and shipping.
Special regulations for domain registration
If SyntaxPhoenix registers domains on behalf of the customer, the following additional regulations apply:
SyntaxPhoenix forwards the application for registration to the appropriate registrar for registration. The customer is responsible for the completeness and accuracy of his data provided in the application, there is no verification of the data by SyntaxPhoenix. SyntaxPhoenix cannot influence the registration process and is not responsible and liable for the result of the registration.
The customer can only assume a successful registration when he has been registered as the owner of the corresponding domain with the respective registrar.
Based on the registration of a domain, a contract is concluded directly between the registrar and the customer according to the terms and conditions of the registry.
A processing fee for the forwarding of the registration of a domain, if stated in the offer description, is incurred regardless of the outcome of the registration.
Special regulations for products containing an IP address
If the contract between the customer and SyntaxPhoenix contains a product that includes an IP address, the following additional regulations apply:
Due to technical circumstances, the customer's IP address may be changed at any time. The customer has no right to be assigned or to retain a specific IP address.
If the IP address is blocked for certain services due to misuse of the IP address by the customer, SyntaxPhoenix reserves the right to to charge the customer for any costs incurred (rental of replacement IPs, time required to unblock the IP address, etc.).