§1. General

§1.1 The current version of the GTC (general terms and conditions) is effective with any service.

§1.2 If any designation of these terms and conditions should be ineffective, the validity of the remaining designations shall not be affected.

§1.3 If there is any need to update these terms and conditions, customers will be informed about the change and have four weeks time to decline the update.

§1.4 Place of jurisdication is 63225 Langen, Germany.

§2 Contractual

§2.1 By ordering a service or contracting, the contracting party (hereinafter “customer”) establishes a binding contractual relationship with aurologic GmbH - Robert-Bosch-Str. 25 - 63225 Langen - Germany (hereinafter “aurologic”).

§2.2 aurologic is entitled to refuse orders without any specific reason. An service order is provisioned within a the maximum delivery time agreed. If no delivery time has been agreed on or communicated, the maximum delivery time is four weeks.

§2.3 Cancelling a service requires a proper cancellation in accordance with the agreed notice period and contract lifetime. This must be either sent in via mail (aurologic GmbH - Robert-Bosch-Str. 25 - 63225 Langen) or by utilizing the cancellation feature within the customer area (my.aurologic.com).

§3 Service provision

§3.1 aurologic provides services in accordance with their exact specification. The specification is either the service scope defined on our website for the specific service - or the scope defined while placing an order.

§3.2 Any additional services, which are not defined within the service scope according to §3.1, may be available up on further contract closing, while the availability of the said additional out-of-scope service(s) is not guaranteed and there is actually no right on it’s availability.

§3.4 The customer is self-responsible for any tasks related to applications installed on Cloud- and Dedicated Server services. aurologic does not provide any kind of maintenance, management, monitoring or service which would take care of the applications installed on these services, if not agreed within a seperate contract annex. Without the said contract annex, aurologic is responsible for the provisioning of sufficient infrastructure and maintenance related to hardware leased to the customer. In the event of a failure of these infrastructure, aurologic will take necessary steps to repair the failure within a reasonable timeframe or in accordance with an active service level agreement.

§3.5 The customer with Colocation services is self-responsible for the functionality of his hardware, potential maintenance and replacement tasks. aurologic provides a standard 19 inch cabinet (or shared space within these), as well as power and network connectivity. The customer is accountable to operate his hardware in accordance with German and European law, as well as safety standards. Hardware which is for example not CE certified or would not meet common safety best practice, must not be operated within the leased space.

§3.6 aurologic provides network connectivity under his autonomous system numbers, especially AS30823 and AS43043 as operator of public networks, being registered with the supervisor authority Bundesnetzagentur in Germany under Reg-Nr. 16/100. In accordance with German and European law, aurologic ensures a proper operation of the said infrastructure, to meet the needs and definitions of critical infrastructure.

§3.7 aurologic guarantees a cummulated network uptime of 99% annual mean as a standard, excluding uptime affecting events caused by thirdparty failure and external threats out of influence by aurologic. In case of the uptime falls below of the defined standard, while not being caused by the excluding reasons, aurologic compensates downtime in accordance with each customer individually defined SLA, otherwise the case is handled as best-effort and does not guarantee any compensation.

§4 Infrastructure operation and liability

§4.1 The customer is responsible for maintaining off-site backups of their data stored on aurologic infrastructure or within colocation space. aurologic does not assume any liability for data loss, and the customer is accountable for ensuring proper disaster recovery measures in accordance with their individual business requirements.

§4.2 aurologic is committed to protecting its customers against DDoS attacks whenever the customer has agreed to a service that includes DDoS protection. Given the dynamic nature of DDoS attacks and the variety of customer services, this protection is provided on a best-effort basis, with the possibility of defining further guarantees and customer-specific configurations through service level agreements. Absent such guarantees and service level agreements, aurologic provides the service as is. Services that do not specifically include DDoS protection may experience limited availability during a DDoS attack. In the event of unexpectedly impairing attacks, aurologic reserves the right to implement customer-specific measures to mitigate impacts on its infrastructure, particularly to protect its infrastructure and other customers.

§4.3 aurologic is obligated to maintain a proper monitoring infrastructure capable of detecting anomalies within its infrastructure and alerting on-call duty personnel when necessary. This obligation extends to customer requests flagged as emergencies; aurologic ensures the provision of infrastructure capable of processing and forwarding such requests, enabling a timely response in accordance with any previously agreed-upon service level agreement.

§4.4 The customer is obligated to ensure that their activities do not impact the operation of aurologic’s infrastructure. Intentional activities that could pose such an impact grant aurologic the right to suspend the customer’s services and, in certain cases, terminate the related services.

§4.5 Pursuant to the Digital Services Act and applicable law, aurologic is not liable for content stored, processed, or transmitted on customer-leased infrastructure, provided aurologic is unaware of its existence and does not actively support illicit use. Customers are required to ensure their operations comply with German and European law, and this requirement extends to their end-users. In the event of abuse complaints, Aurologic is obligated to verify the complaint, forward it to the customer, and request cessation of the illicit activity. Typically, aurologic grants 24 hours for customers to address forwarded cases before taking necessary actions to prevent further abuse, such as implementing a null route to render the affected IP address(es) inaccessible. In rare cases posing higher risks, aurologic may take proactive measures to stop abusive use, particularly if there is a danger to reputation or public safety. Customers providing public services, such as hosting, should contact aurologic in advance to implement exceptions in accordance with applicable law.

§4.6 Customers are prohibited from running the following services on aurologic infrastructure: cryptocurrency mining, world-open SMTP relay, remote access accounts with insufficient authentication measures (e.g., root-password “123456”), services with improper configurations that allow them to act as sources of DDoS attacks, email spamming, or any other illicit activities. Cryptocurrency mining is permitted on customer-colocated equipment. If aurologic becomes aware of prohibited usage, the customer must cease the operation immediately.

§4.7 aurologic reserves the right to limit the use of SMTP ports for sending emails on Cloud Servers. Customers must contact the support desk and complete KYC verification to obtain permission (whitelisting) to use these SMTP ports. This precautionary measure aims to prevent the illicit use of Cloud Servers for sending spam emails, which could negatively impact the reputation of the aurologic network.

§4.8 The use of a tunnel or any other transport method to route traffic onto a backend infrastructure, with the intent of utilizing aurologic DDoS-Protection services provided by another provider, is strictly prohibited for Cloud Servers without explicit consent from Aurologic. This restriction also applies to the resale of Aurologic DDoS-Protection services for services that are not designated as IP-Transit contracts with DDoS-Protection or Remote DDoS-Protection. Customers may request permission for such activities, subject to the terms of their contractual agreements.

§5 Invoicing and payment

§5.1 aurologic generates so called proforma invoices a few days before a new billing period starts. Proforma invoices are not meant to be used for accounting or tax purposes, they serve as payment request. The customer must make sure, to provide sufficient account credit before the new billing period mentioned on the proforma invoice starts. Customers which are flagged as KYC verified, receive an accountable invoice at the start of the new billing term mentioned in the proforma invoice, with a reasonable seven day payment term.

§5.2 In case of non-payment, aurologic will send reminder notifications to the customer, requiring timely payment. If the customer is not able to meet the defined deadlines, aurologic usually will try to get in touch and find a proper solution to keep customer services running. In case of absent customer payment or response, aurologic is allowed to suspend related services to fend off financial damages on it’s side. In case of continued non-payment, aurologic is allowed to terminate the service contract after final warning. For Cloud and Dedicated Servers, non KYC verified accounts will be suspended earliest 12 hours after entering a new billable month without sufficient payment. For any other services, which arent related to Cloud and Dedicated Servers, the customer must make sure to meet the invoice defined payment deadline. If the customer is utilizing aurologic services to colocate his equipment, aurologic wont ship customer hardware or allow access to it’s (leased) premises in case of suspension related to non-payment.

§5.3 The provision of services takes place after payment of the first monthly and setup fee, if not otherwise granted by aurologic. A possible reason to grant a service provisioning without placing the first monthly and setup fee is KYC verification done on the given customer account.

§5.4 In certain cases, customer accounts are eligible for VAT Reverse Charge. Said accounts are required to carry out verification of it’s business documents and should actively send them in by email (mail@aurologic.com), afterwards VAT will be removed from further invoices, while the customer is responsible to properly handle VAT on his side. The VAT Reverse Charge agreement can be cancelled at any time, especially if aurologic gets aware of business changes related to the customer, making him no longer eligible for VAT Reverse Charge. In this case, aurologic is allowed to bill the unpaid VAT seperately.

§5.5 Refund of account credit can happen if the customer account is in good standing, has no unpaid invoices and no more active services with aurologic. The possible destination of refund is the customers bank account or if feasible, the original source. aurologic will make sure to handle account credit refund requests within four weeks after receiving the request from an authorized customer account through it’s customer area. aurologic is allowed to charge an acceptable service fee, covering potential charges - the service fee is deducted from the refunded amount.

§6 Right of withdrawal

§6.1 The customer agrees to wish the immediate and full delivery of his service up on ordering, while waiving any claims in terms of withdrawal. This has to be seperately check-boxed during the order process, otherwise aurologic can not provide the service.

§6.2 The customer is not eligible for any kind of refund once a service has been provisioned or for a service which has been individually designed to customer needs.

As of: 22th July 2024 - Langen