§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.
§2.1 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 off-site backup(s) of his data stored on aurologic infrastructure or within colocation space. aurologic does not assume any liability, the customer is accountable to ensure proper desaster recovery measures according to his individual business demands.
§4.2 aurologic is commited to protect it’s customers against so called DDoS-Attacks whenever the customer has agreed on a service including DDoS-Protection. Given the dynamic nature of DDoS-Attacks and variety of Customer Services, this is a best-effort service with the ability to define further guarantees and customer specific configuration through service level agreements. Without the said guarantees and service level agreements in place, aurologic provides the service as is. Services which do not specifically include DDoS-Protection, might be limited in their availability in the event of a DDoS-Attack. In case of unexpectedly impairing attacks, aurologic is allowed to implement customer specific measures to fend off impact to it’s infrastructure, especially to protect it’s infrastructure and furthermore, other customers.
§4.3 aurologic is obligated to operate a proper monitoring infrastructure, which is able to detect certain anomalies on it’s infrastructure and alert on-call duty in case of necessity. The same applies for customer requests, which are flagged as emergency, aurologic makes sure to provide infrastructure which is able to process and forward them, allowing a timely response in accordance with the agreed service level agreement, if agreed previously.
§4.4 The customer is obligated to make sure, his activity wont impact operation of aurologic infrastructure. Intentional activity, which could pose an impact, allows aurologic to suspend the customers services and in certain cases, to terminate the related services.
§4.5 According to German law, aurologic is not responsible for content stored, processed or transfered on customer leased infrastructure, as long as aurologic does not know about it’s existence or actively supports illicit usage. The customer is required to make sure, his operation is in line with German and European law, the same applies for customers of customers. In case of abuse complaints, aurologic is obliged to verify the complaint, forward it to the customer and request the customer to stop illicit activity. Usually aurologic allows 24 hours to handle forwarded cases, before necessary action is taken, to avoid further abusive usage - e.g. implementing a so called nullroute to make the ip-address(es) in question unavailable. In rare cases, which could pose a higher risk, aurologic might proactively act in order to stop abusive usage, especially if there is a danger to reputation or other human kind. Customers running public services such as hosting should contact aurologic upfront, in order to implement exceptions according to applicable law.
§4.6 The customer is not allowed to run the following services from aurologic infrastructure: crypto currency mining, world-open smtp relay, remote access accounts with insufficient authentication measures (e.g. root-password 123456), services which it’s improper configuration allows them to act as source of d(d)os attacks, email spamming or any other kind of illicit usage. Crypto currency mining is not disallowed on customer colocated equipment. In case aurologic gets aware of disallowed usage, the customer is required to stop it’s operation immediately.
§4.7 aurologic beholds the right to limit the usage of so called ‘smtp’ ports used to send emails on Cloud Servers. The customer is required to contact the support desk and carry out KYC verification to be allowed (whitelisted) to use these smtp ports. This is a precautionary measure, to avoid illicit usage of Cloud Servers sending spam emails while affecting the reputation of the aurologic network negatively.
§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 (email@example.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: 04th September 2023 - Langen