Service and Usage Agreement

Service and Usage Agreement

SyncSEO – AvoTech GmbH, Reutlingen, Germany

Last Updated: 12.12.2024

This Service and Usage Agreement ("Agreement") is entered into between SyncSEO, a subsidiary of AvoTech GmbH, located in Reutlingen, Baden-Württemberg, Germany ("Provider"), and the customer ("User" or "Customer"). This Agreement governs the provision of hosting, server management, IT services, and cybersecurity solutions provided by SyncSEO.

1. Definitions

1.1 Provider: Refers to SyncSEO, a subsidiary of AvoTech GmbH, offering IT and hosting services.
1.2 Customer: The individual or legal entity using SyncSEO's services.
1.3 Services: Includes hosting, server rental, IT security, and other related IT solutions provided by SyncSEO.
1.4 Agreement: This contract outlining the terms of service between SyncSEO and the Customer.
1.5 Data Protection Laws: Includes GDPR (General Data Protection Regulation) and other applicable German and EU regulations.

2. Scope of Services

2.1 SyncSEO provides web hosting, dedicated and virtual servers, cloud solutions, IT security services, and related IT consulting as per the service package selected by the Customer.
2.2 The Provider shall make commercially reasonable efforts to ensure 99.99% uptime and high availability, except for scheduled maintenance or force majeure.
2.3 The Customer agrees to use the services in compliance with German law, EU regulations, and international cybersecurity standards.

3. Service Availability and Maintenance

3.1 The Provider guarantees 99.99% uptime, except for scheduled maintenance, force majeure events, or Customer-induced failures.
3.2 Planned Maintenance: The Provider will notify the Customer at least 48 hours before any scheduled maintenance that may impact service availability.
3.3 Emergency Maintenance: The Provider reserves the right to conduct emergency maintenance when necessary to ensure network security and operational integrity.

4. Customer Responsibilities

4.1 The Customer shall use the services legally and ethically, without violating German, EU, or international laws.
4.2 Prohibited activities include but are not limited to:

• Hosting illegal content, including pirated software, child exploitation materials, hate speech, or violent content.
• Engaging in spamming, phishing, DDoS attacks, or hacking activities.
• Using the services to distribute malware or conduct fraudulent activities.
  4.3 The Customer is responsible for securing login credentials and maintaining backups of their data unless covered under a backup plan provided by SyncSEO.

5. Data Protection and Privacy

5.1 SyncSEO complies with GDPR (Regulation (EU) 2016/679) and German data protection laws.
5.2 The Provider shall take appropriate technical and organizational measures to protect Customer data from unauthorized access, loss, or theft.
5.3 The Customer retains ownership of their data. SyncSEO will not access, share, or sell any Customer data without explicit consent, except as required by law.
5.4 The Customer may request data deletion in accordance with GDPR’s right to be forgotten.

6. Payment Terms and Fees

6.1 Fees are based on the selected service package and are payable on a monthly, quarterly, or annual basis.
6.2 Payments must be made via bank transfer, credit card, or PayPal, as specified in the invoice.
6.3 Late payments beyond 14 days from the due date may result in service suspension.
6.4 If the Customer fails to pay within 30 days, SyncSEO reserves the right to terminate the service and delete all associated data.

7. Termination and Suspension

7.1 Either party may terminate this Agreement by providing 30 days’ written notice.
7.2 The Provider reserves the right to immediately suspend or terminate the service if:

• The Customer engages in illegal activities.
• There is a security threat or DDoS attack originating from the Customer’s hosted services.
• The Customer fails to make payment beyond the 30-day grace period.
  7.3 Upon termination, the Customer must remove all data from SyncSEO's infrastructure within 7 days, unless an extension is granted.

8. Limitation of Liability

8.1 The Provider shall not be liable for:

• Indirect, incidental, or consequential damages, including loss of revenue, business interruption, or data loss.
• Service disruptions caused by force majeure events, such as natural disasters, cyberattacks, government restrictions, or network outages.
  8.2 The maximum liability of SyncSEO under this Agreement shall not exceed the total amount paid by the Customer in the last 6 months.

9. Indemnification

9.1 The Customer agrees to indemnify and hold SyncSEO harmless from any legal claims, liabilities, or damages arising from the misuse of services.

10. Governing Law and Jurisdiction

10.1 This Agreement is governed by German law and the laws of the European Union where applicable.
10.2 Any disputes arising under this Agreement shall be settled in the competent courts of Stuttgart, Germany.

11. Force Majeure

11.1 Neither party shall be held liable for failure to perform due to force majeure events, including but not limited to: natural disasters, cyberattacks, military conflicts, government actions, or global pandemics.

12. Modifications and Amendments

12.1 SyncSEO reserves the right to modify this Agreement at any time. Any modifications will be posted on the website, and Customers will be notified at least 30 days in advance.
12.2 Continued use of the services after modifications indicates the Customer’s acceptance of the new terms.

13. Miscellaneous

13.1 If any provision of this Agreement is found to be invalid, the remaining provisions shall remain in full force and effect.
13.2 This Agreement constitutes the entire agreement between the parties and supersedes all prior agreements or understandings.

14. Contact Information

For any inquiries regarding this Agreement, please contact:

📍 SyncSEO – AvoTech GmbH
📍 Reutlingen, Baden-Württemberg, Germany
📧 info@syncseo.de
📞 +49 7121 8796420

By using SyncSEO’s services, the Customer acknowledges that they have read, understood, and agreed to this Service and Usage Agreement.

📌 Effective Date: 12.12.2024