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Hosting terms

General hosting terms and conditions

This English version is provided for convenience; the German version is legally binding. Version 1.0.0 | Last updated: 2 September 2025

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 provision of hosting services.

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 hosting services

The Provider provides the Customer with hosting capacity (servers, storage space, technical infrastructure).

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.

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 or provided via the hosting services 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 the hosting, 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. 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 cases of intent or gross negligence, the Provider is liable for indirect damage, but not for lost profit.

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 acts of the Provider and regularly required data backups were culpably neglected.

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 a common 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

The general terms and conditions, available at https://www.qmedia.at/legal/agb, are in any case part of the contract in their current version.

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.