Scope
Services of the provider
Performance changes
Conclusion of contract
Right of withdrawal
Obligations of the customer
Compensation and payment terms
Contract duration and termination
Liability
Changes to the terms and conditions
Applicable law, place of jurisdiction
Alternative dispute resolution
1. Scope
1.1 These General Terms and Conditions (hereinafter "Terms and Conditions") of PT. Perdana Network Indonesia, trading under "IdCloudVPS" (hereinafter "Provider"), apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") enters into with the provider regarding the terms and conditions entered into by the provider completes the services presented on its website. The inclusion of the customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 A consumer within the meaning of these General Terms and Conditions is any natural person who concludes a legal transaction for purposes that cannot be predominantly attributed to either their commercial or independent professional activity.
1.3 An entrepreneur within the meaning of these General Terms and Conditions is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their commercial or independent professional activity.
2. Services of the provider
2.1 The provider provides services to make content accessible via the Internet. For this purpose, it provides the customer with system resources on a virtual server. The customer can store content up to a certain extent on this server. The exact scope can be found in the provider's service description.
2.2 The content is kept available on the server under an Internet domain assigned to the customer and can be accessed via the Internet. The provider's services in the transmission of data are limited solely to data communication between the transfer point of the provider's own data communication network to the Internet and the server provided for the customer. The provider is unable to influence data traffic outside of its own communications network. A successful forwarding of information from or to the computer querying the content is therefore not required.
2.3 The provider's online service is offered subject to availability. 100 percent availability cannot be technically achieved and therefore cannot be guaranteed to the customer by the provider. However, the provider endeavors to keep the service available as consistently as possible. In particular, maintenance, security or capacity issues as well as events that are beyond the control of the provider (disruptions to public communication networks, power outages, etc.) can lead to disruptions or the temporary shutdown of the service.
2.4 The provider provides the aforementioned services with a total availability of 99.2% on a monthly average.
The availability is calculated on the basis of the time in the contract period for the respective calendar month less the maintenance times. The provider will, as far as possible, carry out the maintenance work during periods of low usage.
2.5 Unless otherwise agreed, the provider does not create backup copies of the customer content. The customer is responsible for creating and maintaining sufficient backup copies of the content stored with the provider and for not storing them exclusively on the provider's servers.
2.6 The provider is entitled to adapt the hardware and software used to provide the services to the current state of the art. If such an adjustment results in additional requirements for the content stored by the customer on the server in order to ensure that the provider's services are provided, the provider will inform the customer of these additional requirements in a timely manner. In this case, the customer must inform the provider no later than four weeks before the changeover date whether they will adapt their content to the additional requirements in time for the changeover - i.e. no later than three working days before the changeover date. If the customer refuses to adapt his content or does not declare this to the provider within the aforementioned period, the provider can terminate the contractual relationship with effect from the time of the changeover.
2. Performance changes
3.1 The provider reserves the right to change the services offered or to offer different services unless this is unreasonable for the customer.
3.2 The provider also reserves the right to change the services offered or to offer different services
to the extent that he is obliged to do so due to a change in the legal situation;
insofar as he thereby complies with a court judgment or an official decision directed against him;
to the extent that the respective change is necessary to close existing security gaps;
if the change is merely beneficial to the customer; or
if the change is of a purely technical or procedural nature without any significant impact on the customer.
3.3 Changes that have only an insignificant impact on the provider's services do not constitute changes to services within the meaning of this section. This applies in particular to changes of a purely graphic nature and mere changes to the arrangement of functions.
4. Conclusion of contract
4.1 The services described on the provider's website do not represent binding offers on the part of the provider, but rather serve to make a binding offer by the customer.
4.2 The customer can submit the offer using the online order form provided on the provider's website. After entering their personal data, the customer submits a legally binding contract offer with regard to the selected services by clicking the button that completes the ordering process.
4.3 The provider can accept the customer's offer within five days,
by sending the customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the customer is decisive, or
by asking the customer to pay after placing their order.
If several of the aforementioned alternatives are present, the contract is concluded at the point in time at which one of the aforementioned alternatives occurs first. The period for accepting the offer begins on the day after the customer sends the offer and ends at the end of the fifth day following the sending of the offer. If the provider does not accept the customer's offer within the aforementioned period, this is deemed to be a rejection of the offer with the result that the customer is no longer bound by his declaration of intent.
4.4 If you select a payment method offered by PayPal, payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter: “PayPal”), subject to the PayPal Terms of Use, available at https://www.paypal.com/de/webapps/mpp/ua /useragreement-full or - if the customer does not have a PayPal account - subject to the conditions for payments without a PayPal account, which can be viewed at https://www.paypal.com/de/webapps/mpp/ua/privacywax- full. If the customer pays using a payment method offered by PayPal that can be selected during the online ordering process, the provider declares acceptance of the customer's offer at the time the customer clicks the button that completes the ordering process.
4.5 When submitting an offer via the provider's online order form, the contract text is saved by the provider after the contract has been concluded and sent to the customer in text form (e.g. e-mail, fax or letter) after the order has been sent. The provider will not make the contract text available beyond this. If the customer has set up a user account for the provider's website before sending his order, the order data will be archived on the provider's website and can be accessed free of charge by the customer via his password-protected user account by providing the corresponding login data.
4.6 Before bindingly submitting the order via the provider's online order form, the customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means of better detecting input errors can be the browser's magnification function, which enlarges the display on the screen. As part of the electronic ordering process, the customer can correct his entries using the usual keyboard and mouse functions until he clicks on the button that completes the ordering process.
4.7 Only the German language is available for concluding the contract.
4.8 Order processing and contact usually take place via email and automated order processing. The customer must ensure that the email address he provided to process the order is correct so that emails sent by the provider can be received at this address. In particular, when using SPAM filters, the customer must ensure that all emails sent by the provider or by third parties commissioned by the provider to process the order can be delivered.
5. Right of withdrawal
Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the provider's cancellation policy.
6. Obligations of the customer
6.1 The content stored by the customer in the storage space designated for him may be protected by copyright and data protection law. The customer grants the provider the right to make the content stored on the server accessible when queries are made via the Internet, in particular to reproduce and transmit it for this purpose and to be able to reproduce it for data backup purposes. The customer is responsible for checking whether his use of personal data meets data protection requirements.
6.2 The customer undertakes not to store any content on the storage space provided that violates applicable law or infringes the rights of third parties. The customer also ensures that programs, scripts, etc. installed by him do not endanger the operation of the provider's server or communications network or the security and integrity of other data stored on the provider's servers.
6.3 The customer releases the provider from all claims that third parties assert against the provider due to violation of their rights due to content stored by the customer on the server. The customer assumes the costs of the necessary legal defense including all court and legal fees in an appropriate amount. This does not apply if the customer is not responsible for the infringement. In the event of a claim by third parties, the customer is obliged to provide the provider immediately, truthfully and completely with all information required to examine the claims and defend them.
6.4 In the event of an imminent or actual violation of the above obligations as well as if third parties assert claims that are not obviously unfounded against the provider due to the content stored on the server, the provider is entitled to link this content, taking into account the legitimate interests of the customer temporarily suspend the Internet in whole or in part with immediate effect. The provider will inform the customer about this measure immediately.
6.5 If programs, scripts, etc. installed by the customer endanger or impair the operation of the provider's server or communications network or the security and integrity of other data stored on the provider's servers, the provider can deactivate or uninstall these programs, scripts, etc . If the elimination of the threat or impairment requires this, the provider is also entitled to interrupt the connection of the content stored on the server to the Internet. The provider will inform the customer about this measure immediately.
6.6 To access the storage space intended for the customer, the customer receives a user ID and a changeable password. The customer is obliged to change the password at regular intervals. The customer may only pass on the password to people who have been authorized by him to access the storage space.
7. Compensation and payment terms
7.1 Unless otherwise stated in the provider's service description, the prices stated are total prices and include statutory sales tax.
7.2 The payment options and payment modalities are communicated to the customer on the provider's website.
7.3 If you select the payment method “SOFORT”, payment is processed via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter “SOFORT”). In order to be able to pay the invoice amount via “SOFORT”, the customer must have an online banking account activated for participation in “SOFORT”, identify themselves accordingly during the payment process and confirm the payment instruction to “SOFORT”. The payment transaction will be carried out immediately afterwards by “SOFORT” and the customer’s bank account will be debited. The customer can find further information about the “SOFORT” payment method online at https://www.klarna.com/sofort/.
8. Contract duration and termination
8.1 The contract is concluded for an unlimited period, but at least for a period of one year (minimum term). During the minimum term, the contract can be terminated with three months' notice to the end of the minimum term. If the contract is not terminated on time, it will be extended for another year and can then be terminated again with three months' notice to the end of the respective contract term.
8.2 The right to extraordinary termination for good cause remains unaffected. An important reason exists if, taking into account all the circumstances of the individual case and weighing up the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period.
8.3 Terminations must be made in writing or in text form (e.g. by email).
8.4 After termination of the contractual relationship, the provider makes the content stored in the storage space intended for the customer available to the customer on a data medium. Any rights of retention of the provider remain unaffected.
9. Liability
9.1 The provider is liable for all contractual, quasi-contractual and statutory, including tortious claims for damages and reimbursement of expenses as follows:
9.1.1 The provider is liable without restriction for any legal reason
in the event of intent or gross negligence,
in the event of intentional or negligent injury to life, body or health,
based on a guarantee promise, unless otherwise stipulated in this regard,
due to mandatory liability such as under the Product Liability Act.
9.1.2 If the provider negligently violates an essential contractual obligation, liability is limited to the foreseeable damage that is typical for the contract, unless unlimited liability exists in accordance with the previous paragraph. Essential contractual obligations are obligations that the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on whose compliance the customer can regularly rely.
9.1.3 Otherwise, liability on the part of the provider is excluded.
9.1.4 The above liability regulations also apply with regard to the liability of the provider for its vicarious agents and legal representatives.
10. Changes to the General Terms and Conditions
10.1 If the customer acts as an entrepreneur, the provider reserves the right to change these terms and conditions at any time without giving reasons, unless this is unreasonable for the customer. The provider will notify the customer of any changes to the terms and conditions in text form in a timely manner. If the customer does not object to the validity of the new General Terms and Conditions within four weeks of notification, the changed General Terms and Conditions are deemed to have been accepted by the customer. In the notification, the provider will inform the customer of his right to object and the importance of the objection period. If the customer objects to the changes within the aforementioned period, the contractual relationship continues under the original conditions.
10.2 The provider also reserves the right to change these terms and conditions
to the extent that he is obliged to do so due to a change in the legal situation;
insofar as he thereby complies with a court judgment or an official decision directed against him;
to the extent that he introduces additional, completely new services, services or service elements that require a service description in the General Terms and Conditions, unless the previous usage relationship is adversely changed as a result;
if the change is merely beneficial to the customer; or
if the change is purely technical or procedural, unless it has a significant impact on the customer.
10.3 The customer's right of termination remains unaffected by this.
11. Applicable law, place of jurisdiction
The law of the Federal Republic of Germany applies to all legal relationships between the parties. For consumers, this choice of law only applies to the extent that the protection granted is not withdrawn by mandatory provisions of the law of the country in which the consumer has his or her habitual residence.
12. Alternative Dispute Resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr
This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.
12.2 The provider is not obliged to participate in a dispute resolution procedure before a consumer arbitration board, but is willing to do so.