General Terms and Conditions

Scope of Application
Conclusion of the Contract
Sale on Trial
Right to Cancel
Prices and Payment Conditions
Shipment and Delivery Conditions
Granting Rights of Use for Licence Keys
Contract Duration and Contract Termination Regarding Subscription Contracts
Reservation of Proprietary Rights
Warranty
Redemption of Campaign Vouchers
Applicable Law
Place of Jurisdiction
Alternative dispute resolution

1) Scope of Application

1.1 These General Terms and Conditions (hereinafter referred to as "GTC") of the company epiKshare GmbH (hereinafter referred to as "Seller”) shall apply to all contracts concluded between a consumer or a trader (hereinafter referred to as "Client”) and the Seller relating to all goods and/or services presented in the Seller's online shop. The inclusion of the Client’s own conditions is herewith objected to, unless other terms have been stipulated.

1.2 For contracts regarding the delivery of vouchers, these GTC shall apply accordingly, unless expressly agreed otherwise.

1.3 These GTC apply accordingly to contracts for the provision of license keys, unless otherwise agreed. In this respect, the Seller owes the provision of a license key for the use of the digital content or digital services described by him (hereinafter "digital products") as well as the granting of the contractually agreed rights to use the respective digital products. The Client does not acquire any intellectual property rights to the digital product. The respective product description of the Seller is decisive for the quality of the digital product.

1.4 A consumer pursuant to these GTC is any natural person concluding a legal transaction for a purpose attributed neither to a mainly commercial nor a self-employed occupational activity.

1.5 A trader pursuant to these GTC is a natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his commercial or independent professional activity.

1.6 According to the Seller’ product description, the object of the contract may be the supply of goods by way of a one-time delivery or the supply of goods by way of a stable delivery (hereinafter referred to as “subscription contract”). In case of a subscription contract, the Seller commits to supply the Client with the contractually owed goods for the duration of the agreed contract period and at the contractually agreed time intervals.

2) Conclusion of the Contract

2.1 The product descriptions in the Seller’s online shop do not constitute binding offers on the part of the Seller, but merely serve the purpose of submitting a binding offer by the Client.

2.2 The Client may submit the offer via the online order form integrated into the Seller's online shop. In doing so, after having placed the selected goods and/or services in the virtual basket and passed through the ordering process, and by clicking the button finalizing the order process, the Client submits a legally binding offer of contract with regard to the goods and/or services contained in the shopping cart. The Client may also submit his offer to the Seller by e-mail, per online contact form or telephone.

2.3 The Seller may accept the Client’s offer within five days,
- by transferring a written order confirmation or an order confirmation in written form (fax or e-mail); insofar receipt of order confirmation by the Client is decisive, or
- by delivering ordered goods to the Client; insofar receipt of goods by the Client is decisive, or
- by requesting the Client to pay after he placed his order.

Provided that several of the aforementioned alternatives apply, the contract shall be concluded at the time when one of the aforementioned alternatives firstly occurs. Should the Seller not accept the Client’s offer within the aforementioned period of time, this shall be deemed as rejecting the offer with the effect that the Client is no longer bound by his statement of intent.

2.4 When submitting an offer via the Seller's online order form, the text of the contract is stored by the Seller after the contract has been concluded and transmitted to the Client in text form (e.g. e-mail, fax or letter) after the order has been sent. The Seller shall not make the contract text accessible beyond this. If the Client has set up a user account in the Seller's online shop prior to sending his order, the order data shall be stored on the Seller's website and can be accessed by the Client free of charge via his password-protected user account by specifying the corresponding login data.

2.5 Prior to submitting a binding order via the Seller’s online order form, the Client may recognize input errors by reading attentively the information displayed on the screen. The enlargement function of the browser to enlarge the display on the screen may be an effective method for better recognizing input errors.
The Client can correct all the data entered via the usual keyboard and mouse function during the electronic ordering process, until he clicks the button finalizing the ordering process.

2.6 The German and the English language are exclusively available for the conclusion of the contract.

2.7 Order processing and contacting usually takes place via e-mail and automated order processing. It is the Client’s responsibility to ensure that the e-mail address he provides for the order processing is accurate so that e-mails sent by the Seller can be received at this address. In particular, it is the Client`s responsibility, if SPAM filters are used, to ensure that all e-mails sent by the Seller or by third parties commissioned by the Seller with the order processing can be delivered.

3) Sale on Trial

3.1 When choosing the option “order on approval” (sale on trial), the contract will be concluded subject to the condition that the Client agrees with the ordered goods by explicit declaration made to the Seller (for example by post, fax, or e-mail) within a period of fourteen days, or that the Client does not reject the goods already delivered by explicit declaration made to the Seller (for example by post, fax, or e-mail) within a period of fourteen days. The approval period begins on the day following the day the Client has received the goods.

3.2 During the approval period, the Client is entitled to check the delivered goods regarding quality, characteristics and functionality and to keep them for this purpose. In this case, he must handle the goods carefully with regard to a possible obligation to return them. If the Client uses the goods in a manner not required for checking the quality, characteristics and functionality, he shall be liable for a possible diminished value of the goods.

3.3 If the Client declares approval of the goods within the approval period or if he does not reject the goods within the approval period, the Client shall be obliged to pay the agreed purchase price. In this case the buyer has to immediately transfer the agreed purchase price to the Seller’s account and at the latest within a period of seven days, unless otherwise agreed. The payment period starts on the day following the Client’s declaration of approval or, if an explicit approval was not declared, on the day following the expiry of the approval period. The timely transfer of payment to the Seller’s account shall be decisive for meeting the deadline.

3.4 If the Client declares the refusal of the goods within the period of approval, he has to return those goods to the Seller within a period of seven days at his own expense, unless agreed otherwise. The timely dispatch shall be sufficient to observe the deadline. The Client has to use a suitable packaging in order to prevent damages during transportation.

3.5 If the Client culpably violates his duty to exercise proper care and/or his obligation to return the goods, he is obliged to compensate the Seller for the resulting harm.

3.6 The statutory right to cancel will not be affected by the above-mentioned provisions.

4) Right to Cancel

4.1 Consumers are entitled to the right to cancel.

4.2 Detailed information about the right to cancel are provided in the Seller’s instruction on cancellation.

5) Prices and Payment Conditions

5.1 Unless otherwise stated in the Seller’s product description, prices indicated are total prices including the statutory sales tax. Delivery costs, where appropriate, will be indicated separately in the respective product description

5.2 Payment can be made using one of the methods mentioned in the Seller’s online shop .

5.3 If prepayment by bank transfer has been agreed upon, payment is due immediately after conclusion of the contract, unless the parties have arranged a later maturity date

5.4 When selecting the payment method credit card, the invoice amount is due immediately upon conclusion of the contract. Payment by credit card is processed in cooperation with Stripe Payments Europe Ltd., 1 Grand Canal Street Lower, Grand Canal Dock, Dublin, Ireland (hereinafter referred to as "Stripe"). Stripe reserves the right to carry out a credit assessment and to refuse this payment method if the credit check is negative.

6) Shipment and Delivery Conditions

6.1 If the Seller offers to ship the goods, delivery shall be made within the delivery area specified by the Seller to the delivery address specified by the Client unless otherwise agreed. When processing the transaction, the delivery address specified in the Seller's order processing shall be decisive.

6.2 Should the assigned transport company return the goods to the Seller, because delivery to the Client was not possible, the Client bears the costs for the unsuccessful dispatch. This shall not apply, if the Client exercises his right to cancel effectively, if the delivery cannot be made due to circumstances beyond the Client's control or if he has been temporarily impeded to receive the offered service, unless the Seller has notified the Client about the service for a reasonable time in advance.

6.3 Personal collection is not possible for logistical reasons.

6.4 Licence keys will be provided to the Client as follows:

by e-mail
via display on the screen
via download

6.5 The Seller reserves the right to withdraw from the contract in the event of incorrect or improper self-supply. This only applies if the Seller is not responsible for the non-supply and if he has concluded a concrete hedging transaction with the supplier. The Seller shall make all reasonable efforts to obtain the goods. In case of non-availability or partial availability of the goods he shall inform the Client and grant him immediately counterperformance.

7) Granting Rights of Use for Licence Keys

7.1 The license key provided entitles the Client to use the software or content as described in the respective product description.

7.2 The granting of rights shall become effective only when the Client has fully paid the owed remuneration.

8) Contract Duration and Contract Termination Regarding Subscription Contracts

8.1 The right to immediate termination for important reasons remains unaffected.

An important reason is considered, when the continuation of the contract is no more reasonable until the end of the agreed contractual period or until expiry of the notice period for termination, taking into account all circumstances of the particular case and with balanced judgement of mutual interests

8.2 Notices of termination can be made in writing, in text form (e.g. by e-mail) or in electronic form via the cancellation feature (cancellation button) provided by the Seller on its website.

9) Reservation of Proprietary Rights

If the Seller provides advance deliveries, he retains title of ownership to the delivered goods, until the purchase price owed has been paid in full.

10) Warranty

10.1 Unless otherwise stipulated , the provisions of the statutory liability for defects shall apply. Deviating therefrom, the following shall apply to contracts for the delivery of goods:

10.2 If the Client acts as trader

the Seller may choose the type of subsequent performance,
for new goods, the limitation period for claims for defects shall be one year from delivery of the goods,
for used goods, the rights and claims for defects are excluded,
the limitation period shall not recommence if a replacement delivery is made within the scope of liability for defects.

10.3 The above-mentioned limitations of liability and shortening of the period of limitation do not apply

to claims for damages and reimbursement of expenses of the Client,
if the Seller has fraudulently concealed the defect,
for goods which have been used in accordance with their customary use for a building and which have caused its defectiveness,
for any existing obligation of the Seller to provide updates for digital products with respect to contracts for the supply of goods with digital elements.

10.4 Furthermore, for traders, the statutory limitation periods for any statutory right of recourse that may exist shall remain unaffected.

10.5 If the Client is a businessperson pursuant to section 1 of the German Commercial Code (HGB) he has the commercial duty to examine the goods and notify the Seller of defects pursuant to section 377 HGB. Should the Client neglect the obligations of disclosure specified therein, the goods shall be deemed approved.

10.6 If the Client acts as a consumer, the forwarding agent has to be immediately notified of any obvious transport damages and the Seller has to be informed accordingly. Should the Client fail to comply therewith, this shall not affect his statutory or contractual claims for defects.

11) Redemption of Campaign Vouchers

11.1 Vouchers which are issued by the Seller free of charge, for a specific period of validity in the context of promotional activities and which cannot be purchased by the Client (hereinafter referred to as "campaign vouchers”) can only be redeemed in the Seller’s online shop and only within the indicated time period.

11.2 Individual products may be excluded from the voucher campaign, if such a restriction results from the conditions of the campaign voucher.

11.3 Only one campaign voucher can be redeemed per order.

11.4 The goods value should meet at least the amount of the campaign voucher. The Seller will not refund remaining assets.

11.5 If the value of the campaign voucher is not enough for the order, the Client may choose one of the remaining payment methods offered by the Seller to pay the difference.

11.6 The campaign voucher credit will not be redeemed in cash and is not subject to any interest.

11.7 The campaign voucher will not be redeemed if the Client, in the context of his legal right to cancel, returns goods paid fully or partially by a campaign voucher.

11.8 Campaign vouchers are only intended for the use of the person designated on the voucher. Transferring the campaign voucher to a third party is not permitted. The Seller is entitled but not obliged to check the entitlement of the respective voucher owner.

12) Applicable Law

The law of the Federal Republic of Germany shall apply to all legal relationships between the parties under exclusion of the laws governing the international purchase of movable goods. For consumers, this choice of law only applies to the extent that the granted protection is not withdrawn by mandatory provisions of the law of the country, in which the consumer has his habitual residence.

13) Place of Jurisdiction

If the Client is a businessman, a legal entity of public law or a separate estate under public law with its seat in the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract. If the Client is domiciled outside the territory of the Federal Republic of Germany, the Seller’s place of business shall be the sole place of jurisdiction for all legal disputes arising from this contract provided that the contract or claims from the contract can be assigned to the Client’s professional or commercial activities. In any event however, regarding the aforementioned cases the Seller is entitled to call the court responsible for the seat of the Client.

14) Alternative dispute resolution

14.1 The EU Commission provides on its website the following link to the ODR platform: https://ec.europa.eu/consumers/odr.

This platform shall be a point of entry for out-of-court resolutions of disputes arising from online sales and service contracts concluded between consumers and traders.

14.2 The Seller is neither obliged nor prepared to attend a dispute settlement procedure before an alternative dispute resolution entity.

Version: 09.11.2024, 20:13:38 Uhr

15) storage reduction and storage expansion

15.1 Automated reduction of data partitions: – The customer must be informed that the automated reduction of data partitions on our hosting servers is not possible.
15.2 Manual downsizing by a technician: – If the customer wishes to downsize their data partition, this can only be done by a technician. This will incur additional costs in accordance with the current price list.
15.3 Request and cost calculation: – To initiate a manual reduction of the data partition, the customer must send a written request to our customer service. A technician will then check the feasibility and provide the customer with a cost calculation.
15.4 Scheduling: – After the customer has agreed to the cost calculation, a date for the manual reduction of the data partition will be set. The customer undertakes to take appropriate safety measures during this process to prevent any loss of data.
15.5 Storage expansion: – The customer has the option of expanding the storage at any time via our self-service portal. The expansion of the storage itself is free of charge. The costs for the additional storage space are billed monthly according to the current price list.

16) handling deleted data in the trash/trash can/recycle garbage can

16.1 Use of the trash can as a normal folder is prohibited: – The trash can may not be used as a normal folder for data or as archive-like storage and is only used for temporary storage of files before final deletion.
16.2 Backup Exclusion: – Data in the trash garbage can is not included in our backups and the customer is advised that the trash garbage can cannot be considered a secure storage location.
16.3 Automatic deletion: – Deleted data in the trash can is automatically deleted when productive storage space runs out, or at the latest after 180 days in accordance with internal rules. It is the customer’s responsibility to back up important files before this period expires.
16.4 Irreversibility of deletion: – After automatic deletion, the data is irrevocably lost and cannot be recovered. Customers are again advised not to leave any important data in the trash can.
16.5 Storage space usage: – Deleted data in the trash can occupies the customer’s primary usable and booked storage space. It is the customer’s responsibility to ensure sufficient storage space.
16.6 Disclaimer: – The hosting provider accepts no liability for the loss of data in the trash garbage can, and customers are encouraged to back up their data regularly and manage the trash garbage can carefully.

17) user account management in relation to memory adjustments

17.1 Reduction or deletion of user accounts: – User accounts cannot be reduced or deleted without prior consultation with the Nextcloud One Support technicians, as this requires an adjustment of the storage quota.
17.2 Dependence on memory and user: – Memory quota and number of users are linked. Adjustments must be made by a technician to ensure proper functioning.
17.3 Deletion of users in the user interface: – The deletion of a user can be carried out in the Nextcloud One user interface by the customer himself. After deletion, it is necessary to contact Support in order to make the necessary adjustments to the storage quota.
17.4 Booked Nextcloud One instance on an annual average: – In the case of an annual booking, costs for already booked user accounts cannot be credited or refunded.
17.5 Monthly rental and reduction of user accounts: – In the case of monthly rental, the number of users can be reduced for the next invoice run if written notification is received by Support at least 14 days before the end of the month.

18) use of guest accounts for access-protected shares

18.1 Permitted number of guest accounts: – Up to 5 guest accounts per licensed full user are permitted.
18.2 Personal responsibility for use: – The use of guest accounts is the personal responsibility of the customer, who must ensure that the number does not exceed the specified upper limit.
18.3 Notification if the number is exceeded: – If the number is exceeded, a notification will be sent to the customer to book additional licenses.
18.4 Booking of additional licenses: – In the event of an overrun, the customer is obliged to book the corresponding additional licenses.

19) nextcloud One test phase

19.1 Activation of the Free Trial option: – Customers can test Nextcloud One for 30 days free of charge. The trial period begins when the instance is activated.
19.2 Data backup during the test phase: – During the test phase, data is not backed up and cannot be restored.
19.3 Conversion to a paid subscription: – The customer can convert the trial period into a paid subscription by placing the corresponding order in the self-service portal.
19.4 Contact option during the test phase: – The contact form is available to the customer for questions or concerns.
19.5 No guaranteed SLAs during the test phase: – No guaranteed Service Level Agreements (SLAs) apply during the test phase.
19.6 Cancellation of the test phase: – The test phase must be canceled in the self-service portal at least 8 days before expiry, otherwise it will automatically switch to a chargeable phase.
19.7 Costs after automatic transition: – The costs incurred correspond to the chargeable item “1-user ‘Small'” with monthly billing.
19.8 No extension of the test phase: – The test phase cannot be extended. The data will be deleted after 30 days.

20. restrictions on the use of Nextcloud One as a backup or archiving solution

20.1 Basic use of Nextcloud One: – Nextcloud One is designed as a file sharing solution and not for comprehensive data backup or archiving.
20.2 Use as a backup or archiving solution prohibited: – The Customer is expressly advised not to use Nextcloud One as a backup or archiving solution.
20.3 Required additional data backup: – Despite data backup by Nextcloud One, the customer must perform an additional data backup in order to adequately secure all data.
20.4 Support from the technical team: – The technical team is available to assist with data backups if the customer does not have the option of performing them themselves.
20.5 Disclaimer: – Nextcloud One assumes no liability for data loss or damage resulting from its use as the sole backup or archiving solution.

21. data backup in the Nextcloud One instance

21.1 Regular data backup: – A regular data backup is performed in the Nextcloud One instance at least every 24 to 48 hours.
21.2 Purpose of the data backup: – The data backup serves to restore data in the event of a malfunction in the Nextcloud One data center.
21.3 Excluded from data backup: – Activity log files, preview icons and the temporary cache are not backed up.
21.4 Data backup not visible: – The data backup is not shown separately and is not visible to the end customer.
21.5 Restoration on request: – On request, the backup can be made available to the end customer as a restoration option subject to a charge.
21.6 Retention of the backup: – The data backup is retained for 30 days.
21.7 Exclusion of liability: – Nextcloud One assumes no liability for data loss or damage, unless this is due to gross negligence or intent.

22. automatic updates and maintenance windows

22.1 Installation of updates: – Nextcloud One and infrastructure updates are performed on the first Wednesday of each month from 17:00 CET to approx. 21:00 CET.
22.2 Monthly maintenance window: – The monthly maintenance window enables scheduled updates and bug fixes. Temporary unavailability may occur.
22.3 Security vulnerabilities: – In the case of highly critical security vulnerabilities, updates are made without prior notice.
22.4 Unavailability during maintenance windows: – Systems may be temporarily unavailable and customers are requested not to carry out any sensitive transactions during this time.
22.5 Responsibility of the customer: – Customers must ensure that their systems and applications are compatible with the latest updates and perform regular backups.
22.6 Changes to the maintenance window: – epiKshare GmbH reserves the right to change the maintenance window if necessary or to schedule additional maintenance windows. Customers will be informed of planned changes.

23. update of the Nextcloud One version

23.1 Upgrades to newer versions: – Upgrades are subject to availability in order to ensure performance, security and functionality.
23.2 Downgrade not possible: – A downgrade to an older version is generally not possible.

24. responsibilities of the customer for local Nextcloud components

24.1 Monitoring and updates: – The customer is obliged to carry out monitoring and updates of the local Nextcloud components independently.
24.2 Responsibility for problems: – epiKshare GmbH accepts no responsibility for problems caused by outdated or non-updated local Nextcloud components.
24.3 Exclusion of liability: – epiKshare GmbH is not liable for downtimes or impairments due to maintenance windows or Nextcloud versions.
24.4 Liability for non-implementation of updates: – Any liability for damages or losses due to the non-implementation of updates by the customer is excluded.

25. changes in the Nextcloud administration area for Nextcloud One Hosting

25.1 Access data and administrative rights: – Customers receive access data with full administrative rights upon delivery of a Nextcloud One instance.
25.2 Responsibility for administrative changes: – The customer can make changes, but the provider accepts no responsibility for functionality problems caused by external service references.
25.3 Technician service for recovery: – In the event of problems following administrative changes, the customer can book a technician for a fee.
25.4 Recommended procedure: – It is recommended to create an initial snapshot for recovery after receiving administrative access.
25.5 No responsibility for loss of data: – The Provider accepts no responsibility for loss of data due to administrative changes made by the Customer.

26. use of Nextcloud One within the framework of the legal provisions

26.1 Compliance with the law: – The customer undertakes to comply with all legal provisions when using Nextcloud One.
26.2 Prohibited content: – Any use for illegal or immoral content is prohibited.
26.3 Exclusion of liability: – epiKshare GmbH accepts no liability for unlawful actions by the customer.
26.4 Applicable law: – German law shall apply. The place of jurisdiction is Munich.
26.5 Changes to the legal framework: – Changes to the legal framework may lead to amendments to these terms of use.

These terms of use come into force on 01.03.2024.

Changes to the GTC
epiKshare GmbH reserves the right to amend these General Terms and Conditions at any time. Changes will be communicated to the customer in good time and will come into force 30 days after notification, unless the customer objects within this period.