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QMedia IT QMedia IT

Hosting terms

Contents

1. Scope
2. Scope of services
3. Subcontractors
4. Customer obligations
5. Fees and payment terms
6. Data protection and data processing
7. Liability
8. Term and termination
9. Confidentiality
10. Final provisions

General hosting terms and conditions

This English version is provided for convenience; the German version is legally binding. Version 1.1.0 | Last updated: 28 January 2026

1. Scope

1.1 These General Hosting Terms (hereinafter “Terms”) govern the contractual relationship between

QMedia IT GmbH (hereinafter “Provider”)

and the respective customer (hereinafter “Customer”)

in connection with the hosting of Odoo databases.

1.2 By accepting the offer or using the hosting services, the Customer acknowledges these Terms as binding.

2. Scope of services

2.1 Provision of Odoo hosting

  • The Provider provides the Customer with an Odoo instance as well as storage space and server capacity to operate this instance.
  • The infrastructure is provided by a subcontractor (data center in the EU) and managed by the Provider.

2.2 Service level & maintenance

  • The Provider strives for high availability, excluding maintenance windows or disruptions for which the Provider is not responsible (force majeure, attacks by third parties, outages at the subcontractor, etc.).
  • Planned maintenance is announced to the Customer in advance.
  • Unless otherwise agreed in writing, maintenance work and the rectification of disruptions are carried out within the Provider’s official business hours.

2.3 Support

  • Support is not included in the hosting fees. Any support services (e.g. setup assistance, individual error analysis, consulting services) require an active service plan or a separate order.
  • In the event of disruptions or outages (e.g. if the server cannot be reached), the Provider contacts the subcontractor without delay in order to restore availability as quickly as possible.
  • Unless otherwise agreed in writing, the Provider can be reached within the Provider’s official business hours.

2.4 Backups

  • The Provider performs regular data backups.
  • However, no guarantee can be given for complete data recovery.

2.5 SaaS modules / extended functionality

2.5.1 Provision and use

Under this hosting contract, the Provider provides the Customer, in addition to the Odoo instance, with certain proprietary extensions and add-on modules (“SaaS Modules”) that go beyond the standard scope of Odoo (Community or Enterprise).

The SaaS Modules are provided not as a software license, but exclusively as a time-limited, non-transferable right of use within the scope of software-as-a-service operation.

These SaaS Modules are provided and released for use to the Customer only within the scope of the agreed software-as-a-service hosting. Any further permanent right to use or obtain the source code of these SaaS Modules or of the extensions contained therein is not granted.

2.5.2 Restriction of use

The SaaS Modules may be used exclusively within the hosting infrastructure operated or commissioned by the Provider. Passing them on to third parties, including passing on source code, modules or installation packages, or using them outside this infrastructure is not permitted for the Customer.

2.5.3 Termination and effect

Upon termination of this hosting contract, the right to use the SaaS Modules ends automatically. The Provider is entitled to deactivate or uninstall the SaaS Modules and to discontinue operation of the Odoo instance.

The Customer is aware that, for system-related reasons, uninstalling Odoo modules may result in module-specific database structures, fields or data being deleted or no longer available.

After the end of the contract, the Customer receives only a database export (database dump) of its Odoo data in a common, machine-readable format. There is no further operation of or access to an Odoo instance within the Provider’s infrastructure.

The usability of the Odoo standard software (Community or Enterprise) after the end of the contract lies outside the Provider’s area of responsibility and is the responsibility of the Customer or of third parties commissioned by the Customer.

2.5.4 Legal notice

The Customer’s mandatory statutory claims, in particular those under copyright and contract law (e.g. rights relating to data protection and data portability), remain unaffected by this provision. In particular, this does not restrict the Customer’s right to export its data in a common, machine-readable format or to use an alternative solution from third parties.

3. Subcontractors (data center, infrastructure)

3.1 Use of subcontractors

  • To provide the contractually agreed services, the Provider uses external subcontractors (e.g. data center or infrastructure operators within the European Union).
  • The Provider remains the Customer’s sole contractual partner, but has only limited influence on the subcontractor’s systems and maintenance processes.

3.2 Maintenance and outages at the subcontractor

  • The subcontractor may have planned maintenance windows as well as unplanned downtime that lie outside the Provider’s area of responsibility and influence. These may lead to interruptions of the hosting services.
  • The Provider will inform the Customer – as far as possible – about planned maintenance work. The Provider accepts no liability for downtime resulting from maintenance or disruptions at the subcontractor, unless the Provider itself caused these disruptions intentionally or through gross negligence or culpably contributed to their rectification.

3.3 Subsidiary responsibility

  • If outages occur that demonstrably fall within the Provider’s area of responsibility, the general liability rules apply (see section 7).
  • Insofar as the Provider demonstrably had no way of influencing outages or maintenance at the subcontractor, any liability of the Provider is excluded.

4. Customer obligations

4.1 Secure handling of access credentials

  • The Customer is obliged to keep access credentials safe and to protect them from unauthorized access.

4.2 Lawful use

  • The Customer is responsible for ensuring that all content and data processed via its Odoo instance do not infringe the rights of third parties or violate applicable law.
  • The Customer may not use the services for illegal purposes, spam or any other misuse.

4.3 Obligations to cooperate

  • The Customer supports the Provider in error analysis and provides all necessary information.

5. Fees and payment terms

5.1 Fees

  • For hosting the Odoo instance, the Provider invoices the Customer a monthly fee, the amount of which is set out in the respective offer.

5.2 Invoicing & due date

  • Invoices are issued monthly unless otherwise agreed.
  • The payment terms are set out in the respective offer.
  • If the Customer is more than 30 days in arrears with payment, the Provider is entitled to temporarily suspend the hosted services (e.g. Odoo instance). The Customer remains obliged to pay the agreed fees even during the suspension.

5.3 Price adjustments

  • The Provider may adjust the prices.
  • The Customer will be informed in advance and, if it does not accept the price increase, may terminate the contract with immediate effect.

6. Data protection and data processing

6.1 Data protection

  • The Customer remains the controller under data protection law. Insofar as personal data is processed on the Customer’s behalf, the Provider acts as processor.

6.2 Data processing agreement

  • The parties conclude (if necessary) a separate data processing agreement (DPA, AVV) pursuant to the General Data Protection Regulation (GDPR, DSGVO), which governs the nature and scope of the data processing.

6.3 Data location

  • Unless otherwise agreed, the data is stored in data centers within the European Union.

7. Liability

7.1 Limitation of liability

  • The Provider is liable only for damage resulting from intentional or grossly negligent breaches of duty.
  • In the case of slightly negligent breaches of duty, the Provider is liable only for breaches of essential contractual obligations (cardinal obligations), with liability limited to the foreseeable damage typically occurring.
  • In the case of gross negligence, liability for lost profit is excluded to the extent permitted by law.

7.2 Exclusion of liability for subcontractor disruptions

  • The Provider is not liable for outages or maintenance at the subcontractor, provided that the Provider itself did not cause the disruption intentionally or through gross negligence.
  • The Provider contacts the subcontractor without delay in order to restore availability as quickly as possible.

7.3 Data loss

The Provider is liable for data loss only if it was caused by intentional or grossly negligent breaches of duty by the Provider.

Liability is excluded in particular if the Provider has provided the contractually agreed data backup mechanisms. This applies in particular if the data loss is attributable to technical characteristics, limitations or malfunctions of the software used, the database technology or the recovery processes, insofar as these lie outside the Provider’s sphere of influence or are due to technical reasons.

There is no guarantee that data can be successfully restored.

7.4 Maximum liability

  • Except in cases of intent or gross negligence, liability is limited to a maximum of one year’s amount of the agreed hosting fees.

8. Term and termination

8.1 Term

  • The term results from the offer or the agreed conditions.

8.2 Notice periods

  • Unless otherwise agreed, the hosting can be terminated with a notice period of 1 month to the end of the month.

8.3 Extraordinary termination

  • Either party may terminate without notice for good cause (e.g. payment default, breach of the terms of use).
  • In the event of significant payment default, the Provider is entitled to extraordinary termination from the second payment reminder onward.

8.4 Return of data

  • After the end of the contractual relationship, the Customer receives its data on request in the form of a database export (database dump) in a common, machine-readable format.
  • The data is then permanently deleted by the Provider.

9. Confidentiality

9.1 Handling of confidential information

  • Both parties undertake to use all confidential information of the other party only within the scope of performing the contract and to keep it confidential.

10. Final provisions

10.1 Changes to the Terms

  • The Provider is entitled to amend these Terms. Changes are communicated to the Customer in text form. If the Customer does not object within 4 weeks, the changes are deemed accepted.

10.2 Choice of law and place of jurisdiction

  • Austrian law applies. The place of jurisdiction is Steyr, to the extent permitted by law.

10.3 General terms and conditions

10.4 Severability clause

  • Should individual provisions be or become invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose.