Terms and Conditions and Withdrawal

§ 1 Scope, Customer Information

The following General Terms and Conditions govern the contractual relationship between Servercow and the consumers and business customers who purchase goods and services through our shop.

Conflicting terms or conditions of the business customer that deviate from our terms and conditions will not be accepted by us.

The contractual language is German, the English version is provided for convenience only.

§ 2 Conclusion of Contract

  1. The offers on the internet constitute a binding offer to you to purchase goods and services.
  2. You can place one or more products in the shopping cart.
    During the ordering process, you enter your data and your preferences regarding the method of payment.
    Only by clicking the order button do you accept the offer to conclude a purchase contract.
    Im Laufe des Bestellprozesses geben Sie Ihre Daten und Wünsche bezüglich der Zahlungsart ein.
    Erst mit dem Anklicken des Bestellbuttons nehmen Sie das Angebot zum Abschluss eines Kaufvertrags an.
  3. The services offered, or other services associated with Servercow, can only be purchased via the payment gateways stored in the Servercow Client Panel (CP).
    1. A service remains inactive until payment has been recorded in the system. It is not possible to deposit or maintain a credit balance. Overpaid amounts will, less an administration fee, be refunded via the payment method used to receive the payment.

  4. Amounts that were processed via an external payment service provider will also be refunded via the corresponding payment gateway.
  5. A product will, depending on the service ordered, be set up and activated automatically as soon as a sufficient amount has been recorded in the billing system.

§ 3 Use of the Service

  1. Unlawful content, including but not limited to copyrighted material such as texts, images, photos, documents, videos or films, is prohibited and will result in the immediate suspension of the service.
    Each customer is solely responsible and liable for the content they upload.
    The customer must independently verify the legality of their usage.
  2. All standard and directly purchasable services are intended for private individuals and business customers only, and not for reselling. Resellers, such as external providers, require a separate written agreement. Servercow permits the resale of our services and offerings to third parties only after explicit approval. Servercow reserves the right to review these agreements regularly and adjust them if necessary.
  3. Any misuse will be reported and leads to the immediate suspension of the services and the customer account.
  4. Any natural person who is at least 18 years old, or any legal entity or organization, may become a customer.
  5. To use the service, the customer must provide truthful information about themselves. Servercow reserves the right to perform identity checks and to suspend the account and associated services if a check fails or is refused.
  6. Liability for damages caused by improper modifications or interference lies solely with the customer.
  7. The sending of unsolicited emails, such as spam, viruses or unwanted newsletters, is prohibited and results in suspension. Bulk email sending requires prior written approval from Servercow.
  8. Administrators, including domain administrators of a managed mailcow and account owners of a shared mailcow, may arbitrarily change passwords of other mailboxes, and in the case of administrators, also of domain administrators. This information must be communicated to the affected users. However, passwords used can in no case be read by Servercow or third parties.
  9. Administrators of services within a contractual relationship with Servercow are solely responsible for the password security of their own accounts and the subordinate accounts. We recommend a password policy that at least follows the German BSI password guidelines.
  10. A variable throttling of outgoing emails is always active but has no effect on even the most intensive usage. The throttling varies depending on the reputation of the domain and prevents the bulk sending of spam via compromised mailbox credentials.
  11. Web hosting packages may be used privately and commercially. Usage is restricted exclusively to the customer named in the contract. Reselling and free provision to third parties (e.g., “free hosting”) are prohibited.
  12. Eine Stay-Awesome-License (im Folgenden „SAL“) wird mit einer vorhandenen mailcow Instanz verknüpft. Die Validierung erfolgt über die IP-Adresse des Servers. Diese IP-Adresse wird für die gesamte Existenz der Lizenz gespeichert.
    1. Es ist untersagt, eine oder alle in mailcow verfügbaren Prüfungen ohne eine gültige SAL zu verwenden.
    2. A Stay-Awesome License (hereinafter “SAL”) is linked to an existing mailcow instance. Validation is performed via the server’s IP address. This IP address is stored for the entire existence of the license.
      1. It is prohibited to use one or all checks available in mailcow without a valid SAL.
      2. All checks associated with a SAL are provided voluntarily and may be discontinued at any time.

§ 4 Bandwidth Usage

The stated provisions regarding bandwidth usage on this page apply (see “Fair Bandwidth Usage”).

Servercow reserves the right to monitor a service and suspend it if exceptionally high bandwidth usage is detected.

Fair Bandwidth Usage

The following does not fall under “normal usage”: pure download sites, pure multimedia portals (this applies only to self-hosted solutions, not externally embedded content), legally questionable services (“like” shops, etc.), excessive (spam) email services (newsletter portals, etc.), and services designed for consistently high bandwidth usage.
Of course, we do not hide behind terms of use or suspend you without reason. Fundamentally, we are your teammates and will always find a solution to meet your needs. Please also read the Terms and Conditions.

§ 5 Package Usage

Servercow offers a variety of support and hosting packages within our regular office and support hours, Monday to Friday from 08:00 to 13:00 CET and 14:00 to 17:00 CET.

General Conditions for Support Packages

  • Unused tickets expire at the end of each quarter and are non-transferable.
  • A resolution for issues caused by third parties or third-party software cannot be guaranteed.
  • Support Packages 1–3 renew automatically for an additional quarter, cancellation period: 1 month.

Support packages

  1. Ticket Support (“Tier 1”)

    Tickets: 3 per quarter (extendable).
    Response time: max. 1 day.
    Included: ticket support.
    Not included: phone and remote support.

  2. Phone Support (“Tier 2”)

    Tickets: 3 per quarter (extendable).
    Response time: max. 6 hours.
    Phone support: up to 30 minutes per quarter, reachable by call and validation.

    Additional time: billed in 30-minute increments.

  3. Remote Support (“Tier 3”)

    Tickets: 6 per quarter (extendable).
    Response time: max. 4 hours.
    Phone & remote: up to 30 minutes per quarter (SSH or TeamViewer).
    Additional time: billed accordingly, the higher rate of the used support type always applies.

  4. Emergency Support (“Tier 4”)

    Service: one-time, not available for advance purchase.
    Contact: ticket or phone.
    Response time (ticket): max. 2 hours.
    Scope: 120 minutes of remote and phone support.
    Additional time: billed in 30-minute increments at the remote rate.

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Hosting packages

  1. shared mailcow (formerly mailcow Groupware)

    Independent branch of the mailcow: dockerized variant. Support is provided exclusively via ticket for incident reports or restores. Feature requests are billed separately. Phone support is not included and can only be added starting from Support Tier 2.

  2. Managed mailcow

    Dedicated mailcow: dockerized solution with full functionality. The customer assumes full administration and due diligence. Servercow handles hosting, maintenance and security. Each instance receives clean IPs that must be used responsibly. The customer is subject to the RFC-2142 requirement. If IP reputation deteriorates, a new IP may be assigned for a fee. Small adjustments (up to 10 minutes) are free of charge, larger ones by agreement.

  3. Domains

    Domain hosting allows ownership and management by the customer. Unless otherwise specified, Servercow acts as the contact handle towards the registry. The DNS API can be used free of charge as long as at least one active domain service exists.

  4. Web hosting

    Private and commercial use for the customer’s own purposes. Content and security (e.g., CMS) are the full responsibility of the customer.

  5. Archiving services

    Provision and maintenance of a Mailpiler-based archive after prior agreement. After handover, the customer is responsible for content and retention.

§ 6 Availability and Data Protection

  1. The continuous availability (hereinafter SLA) of Servercow services is not guaranteed unless otherwise agreed.
  2. An external backup of all data under the customer’s control to a medium independent of Servercow is essential.
    The retention period for managed mailcow backups is a maximum of two days but can be negotiated separately. With a managed mailcow product, the customer also has the option, under a contractual agreement, to have a backup set up on an external target server, for which they are solely responsible in terms of security.
  3. Servercow provides no guaranteed annual average availability without an explicit, mutually agreed written basis. In the event of unforeseeable hardware damage, there is no entitlementto any form of credit.
  4. An SLA can be implemented through an individual surcharge depending on project size and requires a separate written agreement.
  5. Free primary or additional services (e.g., complimentary inclusion of a domain, network storage, snapshots) arenot a fixed component of the booked service and may be removed from the offering or priced accordingly after prior notice.
  6. The network storage is operated with the highest care using redundant Ceph storage technology. Additionally, data mirroring is performed for email data (mailcow Groupware), DNS data and the web hosting infrastructure.

§ 7 Customer Information

Storage of Your Order Data

Your order, including details of the concluded contract (e.g., type of product, price, etc.), is stored by Servercow.
You can access the Terms and Conditions at any time on the Servercow website.

If you wish to save the product description from the Servercow shop page for your own purposes, you may, for example, take a screenshot at the time of ordering or alternatively print the entire page.

Correction Notice

You can correct your entries at any time before submitting the order using the delete key. Servercow informs you of further correction options during the ordering process. You may also cancel the order process at any time by closing the browser window.

Changes to customer information are carried out by Servercow only for a fee. The maintenance of this data is normally the responsibility of the customer.

Storage of Your Customer Data, Even After Contract Termination

Even after a contract is terminated, your customer account at Servercow will continue to exist and remain stored.

§ 8 Statutory Warranty Rights

Statutory warranty rights apply to goods provided by Servercow.

§ 9 Limitation of Liability

Servercow excludes liability for slightly negligent breaches of duty, unless such breaches concern essential contractual obligations, damages resulting from injury to life, body or health, guarantees or claims under the Product Liability Act.

The same applies to breaches of duty by our vicarious agents and legal representatives.

Essential contractual obligations particularly include the obligation to provide you with the product free of legal defects.

§ 10 Changes to the Terms and Conditions

A modification of the Terms and Conditions by Servercow is permissible as long as the changes are reasonable for the customers.

The customers must be informed of the changes and may lodge an objection within four weeks.

An objection entitles Servercow to suspend the customer account in compliance with the applicable notice periods of the ordered service.

§ 11 Termination

  1. Servercow services can be cancelled by the customer at any time or scheduled for cancellation at the next billing date.
  2. A service is automatically deactivated if no payment is made within 7 days after the invoice due date.
    Upon receipt of payment, the service will be reactivated.
    A maximum retention of the service of 14 days after the invoice due date is guaranteed.
  3. A pro-rata refund is not possible if the customer requests an immediate cancellation.
  4. Any service or server will be completely deleted upon cancellation by the customer or by Servercow.
  5. Domains must be cancelled at least 31 days before the next billing date. If no timely cancellation is made, the contract automatically renews for another year, as the domain renews and the costs must be borne by the customer, regardless of further use of the domain.

§ 12 Place of Jurisdiction

The exclusive place of jurisdiction for all disputes arising from this contract is the registered office of Servercow, provided you are a merchant.

Cancellation Policy – Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without stating any reason.

The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must inform us of your decision to withdraw from this contract by means of a clear statement (e.g., a letter sent by post or an email).

To meet the withdrawal deadline, it is sufficient that you send the notification of exercising your right of withdrawal before the withdrawal period expires.

Consequences of Withdrawal

If you withdraw from this contract, Servercow must refund all payments received from you, including delivery costs (except additional costs resulting from your choice of a delivery method other than the cheapest standard delivery offered by Servercow), without delay and at the latest within fourteen days from the day on which Servercow received your withdrawal notice.

For this refund, Servercow will use the same payment method that you used in the original transaction, unless expressly agreed otherwise with you.

Under no circumstances will you be charged any fees for this refund.