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1.1 The following General Terms and Conditions apply to all business relations between the Customer and OakHost OÜ, Magdaleena 15, 11312 Tallinn, Harju, Estonia, registration no. 16131052, hereinafter referred to as "OakHost". The version valid at the time of the conclusion of the contract shall be authoritative in each case.
1.2 Deviating, conflicting or supplementary general terms and conditions of the customer shall not become part of the contract, even if known, unless their validity is expressly agreed.
1.3 OakHost reserves the right to amend these GTC at any time. In the case of new contracts, the version in force at the time of conclusion of the contract shall apply. The amended GTC shall only apply to existing customers subject to the special requirements of clause 1.4 below.
1.4 The agreed GTC may be amended for existing Customers subject to the following restrictions: circumstances justifying such an amendment are subsequent, unforeseeable changes which OakHost does not cause and over which it has no influence and which have a unilateral effect to the detriment of one party, as well as gaps in the GTC which lead to difficulties in the performance of the contract. OakHost will send the amended GTC to the Customer four weeks before they come into force, stating the circumstances giving rise to the amendment and the scope of the amendments. If the Customer does not object to the amendment in writing or by email prior to its coming into effect, but declares its consent to the new GTC by continuing to use OakHost's services, the amendment shall be deemed accepted; the GTC in their amended version shall then also apply to existing contracts as of the announced date. In the event of a timely, formal objection, the previous GTC shall continue to apply in the relationship between the parties; in this case, both the Customer and OakHost are entitled to terminate the contract with ordinary notice.
2.1 OakHost's offers are subject to change and non-binding. We reserve the right to make technical and other changes within the scope of what is reasonable.
2.2 By placing an order, the Customer bindingly declares its offer to enter into a contract. OakHost will confirm receipt of the Customer's order without delay. The confirmation of receipt does not constitute a binding acceptance of the order. The confirmation of receipt may be combined with the declaration of acceptance.
2.3 OakHost is entitled to accept the contractual offer contained in the order within a period of 10 working days after receipt by OakHost. However, OakHost is also entitled to refuse acceptance of the order, for example after checking the Customer's creditworthiness or in the event of suspected fraud.
2.4 For the purpose of credit checks, Stripe, Inc. will provide the address and creditworthiness data stored in its database on the Customer, including such data determined on the basis of mathematical-statistical methods, provided that OakHost has credibly demonstrated its legitimate interest. In order to decide on the establishment, performance or termination of the contractual relationship, OakHost collects or uses probability values, the calculation of which includes address data.
2.5 If our system indicates a fraud risk, OakHost may require the Customer to complete an automated ID verification process before the contract is accepted or services are provided. If the Customer chooses not to complete the verification, they are entitled to request a refund of any payments made for the affected order.
3.1 The scope of services shall be determined by the offer information, the order form and the special offers applicable at the time of the order.
3.2 OakHost relies on infrastructures operated by third parties to provide its services and OakHost has no influence on these infrastructures. Therefore, disruptions or impairments may occur that have their cause outside the sphere of influence of OakHost, in particular disruptions of the Internet or due to force majeure.
3.3 In order to maintain the performance of the technology used, OakHost shall regularly carry out maintenance and service work. To the extent that such work involves service outages, OakHost will, if possible, schedule such outages during periods of usually low demand and notify the Customer thereof in advance.
3.4 In order to maintain a high level of security, software updates are installed on a regular basis. This may change the scope and design of the services provided by OakHost. It cannot be ruled out that this may also necessitate changes to content deposited by the Customer or applications installed by the Customer. To the extent possible, OakHost will notify the Customer of this in advance. If such a system update requires unacceptable changes for the Customer, the Customer may terminate the contract without notice.
3.5 OakHost is entitled to have the services owed by it provided in whole or in part by third parties.
3.6 Before using third party software, such as connection programs or already installed operating systems, you agree to the respective terms and conditions of the manufacturers. The terms and conditions for Apple products can be found at https://www.apple.com/legal/sla/. For Ubuntu, they can be found at https://ubuntu.com/legal.
3.7 The use of the WiFi available in the data center is prohibited. Likewise, the use of the Bluetooth module is prohibited when using dedicated hardware, as well as the playing of sounds through any integrated speakers.
3.8 It is prohibited to check the internal network for vulnerabilities or to establish attack methods such as MAC or IP spoofing, DHCP servers or similar. Likewise, the security of the own systems must be ensured with appropriate measures to protect them from unauthorized access.
3.9 The selected data center guarantees a network availability of 99.9% on an annual average for the infrastructure. If the security of network operations or the maintenance of network integrity is compromised, access to the Services may be temporarily restricted as required. Since OakHost is dependent on the performance of third parties for network availability, OakHost cannot provide any warranty in this regard. Any claims arising from unavailability of the network against OakHost are excluded.
3.10. Support services are expressly provided only for the Services provided by OakHost, for example if a module is not functioning or if there are billing questions. No support will be provided for Customer's installation, configuration or other applications. OakHost exclusively provides the hardware and management tools to the extent specified and booked on the website "OakHost.com".
3.11. OakHost reserves the right to impose limits on the amount of resources, including but not limited to servers, bandwidth, and traffic, allocated to each account. These limits are designed to ensure fair usage, avoid abuse and maintain the integrity of our services for all users. Any attempt to circumvent these limits, such as by creating additional accounts or using other methods to bypass restrictions, is strictly prohibited and may result in suspension or termination of services. OakHost may, at its sole discretion, adjust these limits and will notify affected users of significant changes.
3.12. The User Management feature available for business customers is intended only for employees, contractors, or other authorized users of the business. Using this feature to provide reselling services is not permitted. The business customer is responsible for ensuring that all users comply with these terms. OakHost reserves the right to suspend or terminate access to the User Management feature and related accounts if it determines that the business customer has violated these terms or that unauthorized users have been granted access.
4.1 Insofar as data is transmitted to OakHost, the Customer shall make backup copies. Insofar as this is included in the respective offer, the servers are regularly backed up to the extent stated. In the event of a loss of data occurring nevertheless, the Customer is obliged to transmit the relevant data files to OakHost again free of charge.
4.2 The customer is obliged to carry out a complete data backup before commissioning any changes.
4.3 The customer receives a user ID and a password for the maintenance of his offer, unless it was specified during the registration process. He is obliged to treat this confidentially and is liable for any misuse resulting from unauthorized use of the password. If the customer becomes aware that the password is known to unauthorized third parties, he must inform OakHost immediately. If, due to the fault of the Customer, third parties use OakHost's services by misusing the passwords, the Customer shall be liable to OakHost for usage fees and damages. In case of suspicion, the Customer therefore has the option to request a new password or to change it himself, depending on the system.
5.1 OakHost's data protection practices are in compliance with the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG) as well as the German Telemedia Act (TMG).
5.2 Personal data of the customer shall only be collected and used insofar as they are required for the establishment, content or amendment of the contractual relationship. The customer undertakes to keep this data in its online administration area up to date at all times.
5.3 OakHost shall use the Customer's email address only for information letters regarding the orders, for invoices and, unless the Customer objects, for customer care and, if requested by the Customer, for its own newsletters.
5.4 OakHost does not disclose any personal Customer data to third parties. Excluded from this are service partners, insofar as this is necessary for the determination of the fee and for billing the Customer.
5.5 The customer has a right to information as well as a right to correction, blocking and deletion of his stored data. If a deletion is contrary to legal or contractual storage obligations or other legal reasons, the data will be blocked.
5.6 With your permission, OakHost may mention your company as a customer. This can include using your company name and logo on our website or in materials that describe our services. We will never suggest that you endorse us. If you prefer not to be listed, just let us know and we will remove your name and logo. This applies only to business and organizational accounts, not personal accounts.
6.1 The customer is obligated to label the content he places on the Internet in accordance with the obligations applicable to him as operator under the provisions of the Telecommunications Act and the Telemedia Act. The customer undertakes to check and fulfill this on its own responsibility.
6.2 The Customer undertakes not to publish any content that infringes the rights of third parties or otherwise violates applicable law. The posting of erotic, pornographic, extremist or immoral content is not permitted. OakHost is entitled to block the Customer's access in the event that this has been violated. The same applies in the event that the Customer publishes content that is likely to injure the honor of third parties, to insult or denigrate persons or groups of persons. This also applies in the event that an actual legal claim should not exist. OakHost is not obliged to check the content of its customers.
6.3 The sending of spam mails is prohibited. This includes in particular the sending of inadmissible, unsolicited advertising to third parties. When sending emails, it is also prohibited to provide false sender data or to disguise the identity of the sender in any other way. In case of non-compliance, OakHost is entitled to block access.
6.4 Should OakHost receive information about spam behavior (abuse reports) from independent sources, OakHost is entitled to immediately block access to the affected systems (zero routing).
7.1 OakHost assumes no liability for direct damages, consequential damages or lost profits due to technical problems and malfunctions within the Internet that are beyond the control of OakHost.
7.2 OakHost shall not be liable to entrepreneurs in the event of a slightly negligent breach of immaterial contractual obligations. This shall not apply in all cases of personal injury and in accordance with the Product Liability Act.
7.3 OakHost is liable for indirect and consequential damages as well as for loss of profit vis-à-vis entrepreneurs only in case of intent and gross negligence. In this case, our liability is limited to the contract-typical foreseeable damage, max. to 100% of the annual product rent.
7.4 If the customer violates the obligations mentioned in clause 6 with the content of his Internet pages, in particular legal prohibitions or morality, he is liable to OakHost for compensation of all resulting direct and indirect damages, including financial losses. Furthermore, the Customer undertakes to indemnify OakHost against claims of third parties - of whatever nature - resulting from the illegality of content placed on the Internet. The indemnification obligation also includes the obligation to fully indemnify OakHost from legal defense costs (e.g. court and attorney fees).
7.5 The Customer shall be liable for all direct and indirect damages (including loss of profit) incurred by OakHost as a result of a breach of the contractual obligations under paragraphs 3, 6 and 7 of these GTC.
8.1 Unless otherwise agreed in writing, the current prices at the time of checkout, which can be viewed at https://www.oakhost.com/, shall apply.
8.2 Unless another billing mode has been agreed, usage-independent charges shall be paid in advance for the billing period specified in the service description. Usage-dependent charges shall be billed after the end of the billing period, but at least monthly. Unless otherwise agreed, charges agreed on an annual basis shall be billed on a monthly basis by issuing a direct debit authorization. The customer can issue a corresponding direct debit authorization for this purpose when placing the order and also during the term of a contract. This direct debit authorization shall also apply to new bank details provided by the customer and may be revoked at any time. OakHost will charge a processing fee of 10 Euro for unauthorized return debit notes caused by the Customer. The customer has the right to prove that OakHost has suffered no or significantly less damage.
8.3 Invoices shall be settled by the automated payment system on the invoice date. In case of manually agreed payments, the respective payment term shall apply, but usually 14 days.
8.4 If any payment periods granted in the invoice are exceeded, OakHost is entitled to charge default interest even without a reminder. The amount of the default interest shall be 5 percent above the base interest rate.
8.5 If the Customer is in default of payment, OakHost may limit or block its services after prior notice.
8.6 If the Customer is in default with the payment of a part of the remuneration or with an amount corresponding to a monthly fee, OakHost may terminate the contractual relationship without notice for good cause. OakHost will endeavor to contact the Customer prior to termination without notice in order to obtain clarification. In the event of termination without notice, the Customer has no claim to the restoration of any data or configurations. Recourse claims and claims for lost profit are excluded.
8.7 The Customer may only offset claims of OakHost against undisputed or legally established counterclaims.
8.8 The costs of the services provided in perpetuity may change due to legal and economic contexts (such as increases in energy and telecommunications costs). OakHost therefore reserves the right to change the prices at the beginning of a new billing period with a change period of four weeks. The Customer is entitled to extraordinary termination at the time the price change takes effect. If the Customer does not make use of this within four weeks after receipt of the notification, the change is deemed to have been approved; OakHost will expressly point this out to the Customer.
8.9 Invoices are always sent by email as an attachment or link. Past invoices can be viewed in the customer area. If delivery is requested by letter, OakHost is entitled to charge a reasonable handling fee. In case of retroactive invoice changes, which are not the result of OakHost's fault, OakHost is entitled to charge a reasonable handling fee.
8.10 Prices for products and services listed on our website are subject to change without prior notice. However, for recurring subscriptions or services, the price agreed upon at the time of purchase will remain in effect for the duration of the subscription or agreement, unless explicitly stated otherwise in the terms of the subscription, or in accordance with paragraph 8.8.
9.1 Unless otherwise agreed, contracts shall be concluded for an indefinite period with a minimum term of 1 month. Such contracts may be terminated by either party with 24 hours' notice, but no earlier than the end of a contractually agreed minimum term. If the contracts are not terminated with a notice period of 24 hours to the end of the minimum term, the minimum term shall be automatically extended by another month in each case. Contracts with an agreed minimum term of 12 months shall each be extended by a further 12 months minimum term if they are not terminated by one party with 24 hours' notice to the end of the respective minimum term.
9.2 Insofar as one party is entitled to an ordinary special right of termination under these GTC, the contract may be terminated with one month's notice to the end of the month, irrespective of any agreed contractual minimum term.
9.3 Notice of termination may be given in text form, i.e. also by email or via the customer area, for example. The text form requires the naming of the person making the declaration. It must therefore be sufficiently clear to OakHost from the notice of termination who is making the declaration. In order to avoid misunderstandings, we ask that you provide accompanying information, such as the customer number or other information suitable for identification, to make it sufficiently clear that the notice of termination actually comes from the correct person. It would therefore be safest if the cancellation were made in writing by letter, email or via the customer area, if this option is available. It would also be helpful for the clear identification of the person giving notice if the email address used by the sender is stored for the customer account and/or the email contains a digitized / scanned letter in PDF form that expressly states the intention to give notice and is hand-signed by the customer. If there are justified doubts about the identity of the person giving notice, we reserve the right to make suitable enquiries to ensure the identity.
9.4 If, after termination, the Customer is requested by OakHost to remove any locks, such as "Find My Mac" or the hard disk encryption, so that the system can be released and recycled, this must be complied with immediately. Of course, the customer is entitled to perform a prior data deletion. If the customer does not comply with this request, OakHost is entitled to charge the customer for the costs incurred for unlocking the system. As a rule, these amount to 50 euros.
9.5 The right of both parties to terminate the contractual relationship without notice for good cause remains unaffected. Good cause for termination by OakHost exists in particular in the following cases:
9.5.1 The Customer is insolvent or an application for insolvency proceedings has been filed against its assets or the application for insolvency proceedings has been rejected due to lack of assets.
9.5.2 The Customer violates essential contractual obligations and does not immediately cease this violation despite warning or notification of blocking of the content by OakHost.
10.1 Right of withdrawal:
OakHost's services are usually provided within a few minutes to a few hours. The nature of the service order is designed for immediate use of the service. In this respect, there is no 14-day revocation period and the contract becomes effective upon acceptance of the contract request by OakHost. OakHost's services fall under the exception rule to the 14-day EU Cancellation Directive. OakHost tries to accommodate its customers as much as possible and will try to reach an agreement with the customer in case of exceptional conditions in case of a cancellation request. In the event that Customer's traffic usage has already reached 1 TB or more, early termination of the contract due to intensive usage is excluded. Should a contract of the customer with OakHost be concluded outside of the booking via "OakHost.com" with a lead time for the provision of the services of at least 4 weeks from the signing of the contract, OakHost grants a 14-day right of withdrawal, if this right of withdrawal has been formulated in the contract. To exercise your right of withdrawal, you must notify us, OakHost OÜ, Magdaleena tn 15, 11312 Tallinn, Estonia, email: support@oakhost.com; by means of a clear statement (e.g. a letter sent by post, email or via the secure online administration area) of your decision to withdraw from this contract. To comply with the withdrawal period, it is sufficient that you send the notice of exercise of the right of withdrawal before the expiry of the withdrawal period.
10.2 Consequences of revocation:
If you revoke this contract, we must return to you all payments that we have received from you immediately and at the latest within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
10.3. in case of provision of services:
If you have requested additional services that began during the withdrawal period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the time you notify us of the exercise of the right of withdrawal with respect to this contract compared to the total scope of the services provided for in the contract.
11.1 Estonian law shall apply.
11.2 The place of performance and jurisdiction for all disputes between the parties shall be Tallinn, Estonia. This applies only if the Customer is a merchant, a legal entity under public law or a special fund under public law or has no general place of jurisdiction in Estonia. OakHost is furthermore entitled to bring an action at the Customer's place of business.
11.3 If the Customer intends to transfer its contractual rights to another person, it must obtain OakHost's consent to do so. A transfer of contractual rights can only be made in writing by letter, email or via the secure online administration area, if this option is available. In the case of a transfer by letter or email, the previous and new contractual partner must sign it personally.
As of: 2025-02-11
