General Terms and Conditions
Version of 15 October 2010
General Terms and Conditions
This is an English translation of our German General Terms and Conditions (Allgemeine Geschäftsbedingungen), including the terms for the Secure Public Cloud. It is provided for convenience only. In the event of any discrepancy or difference in interpretation between the German and the English version, the German version shall prevail.
Preamble
The following General Terms and Conditions (Allgemeine Geschäftsbedingungen, AGB) apply to all current contractual relationships between Kyberio GmbH, represented by its management, Am Mittelfelde 29, D-30519 Hannover (hereinafter: KYB), and its customers.Customers within the meaning of these AGB are entrepreneurs (Unternehmer) within the meaning of Section 14 BGB (German Civil Code). We supply only to natural or legal persons or partnerships with legal capacity who act in the exercise of their commercial or independent professional activity. Deviating, conflicting or supplementary general terms and conditions of our contractual partner shall at no time become part of the contract, even if we are aware of them, unless KYB expressly agrees to their validity in writing.
1. Conclusion of contract
1.1 Our offers are subject to change and non-binding (freibleibend). We reserve the right to make technical changes within a scope that is reasonable for the contractual partner. We reserve the right to extend or improve services.1.2 We are entitled to accept the offer to conclude a contract contained in the contractual partner's order within two weeks of its receipt by us. Acceptance may be declared either in writing or by providing the service to the customer.
1.3 If the customer orders the service electronically, we will confirm receipt of the order as quickly as possible. The confirmation of receipt does not yet constitute binding acceptance of the order by us. The confirmation of receipt may, however, be combined with the declaration of acceptance.
1.4 If the customer orders the goods or services electronically, we will store the text of the contract and, at the customer's express written request, send it to the customer in writing together with the incorporated AGB in the form of communication chosen by KYB, as a rule by e-mail.
1.5 The start of the contract is agreed to be the day on which the service and, where applicable, any required access data are allocated.
2. Provision and scope of services
2.1 If KYB, through no fault of its own, is unable to deliver the ordered goods because KYB's supplier does not fulfil its contractual obligations, KYB is entitled to withdraw from the contract with the customer. This right of withdrawal exists, however, only if KYB has concluded a congruent covering transaction (kongruentes Deckungsgeschäft: binding, timely and sufficient order of the goods) with the supplier concerned and is not otherwise responsible for the non-delivery of the goods. In such a case, KYB will inform the customer without undue delay that the ordered goods are not available. Any consideration already provided by the customer will be refunded without undue delay. If KYB is prevented from fulfilling a delivery obligation by the occurrence of unforeseen events affecting KYB or its suppliers which KYB could not avert even by exercising the care reasonable in the circumstances, e.g. war, natural disasters and force majeure, the delivery period shall be extended by a reasonable time. KYB will inform the customer of this, too, without undue delay. The customer's statutory claims remain unaffected.2.2 The services include free e-mail and telephone support, which is limited exclusively to disruptions in the accessibility of the customer server that are attributable to KYB.
2.3 If the customer makes use of technical support services from KYB that go beyond this, or commissions such services, e.g. by fax or by e-mail, these will be charged to the customer separately, according to the actual effort of the service performed by an employee of KYB. Charges are based on the support units actually performed. One support unit covers fifteen (15) minutes in each case and is to be paid by the customer at EUR 24.75 each from Monday to Friday between 8:00 and 20:00, and at EUR 49.50 at all other times and on nationwide public holidays (as well as public holidays in the federal state of Lower Saxony), unless a different written agreement has been made with the customer in this respect.
2.4 If the customer is responsible for a disruption, or if a disruption reported by the customer does not in fact exist, KYB is entitled to invoice the customer for the costs incurred for the commissioned troubleshooting, remedying of defects or fault clearance at the rates stated in 2.3. Further (damages) claims in this respect remain unaffected.
2.5 Where the customer has concluded a service level agreement with KYB, the provisions, services and tariffs agreed therein are authoritative for it.
2.6 Where KYB provides free services or performances, these may be discontinued at any time and without prior notice. Where the discontinuation is of significance to the customer, KYB will inform the customer beforehand. The discontinuation does not give rise to any claims by the customer for reduction, reimbursement or damages. KYB reserves the right, where KYB intends to continue these services or performances after their discontinuation, to offer them to the customer for a fee under a separate contract.
2.7 If KYB's service depends on services of third parties, in particular support and update services for software, then, in the event of a final discontinuation of support and update services for a software, KYB will likewise no longer provide to the customer any further support or update services of its own for this software used by the customer within the contractual relationship, as of the date specified by the manufacturer. This does not apply if the service can continue to be provided by means of an upgrade to a newer version. The customer is then obliged to upgrade the software.
2.8 KYB is entitled to temporarily restrict or briefly block its contractual services within a scope that is reasonable for the customer, insofar as this should be necessary for reasons of public safety, the security of network operations, the maintenance of network integrity, the interoperability of the services, data protection, to combat spam or computer viruses, computer worms, Trojans, hacking or DoS attacks or similar, or for the customer's own protection.
2.9 The same applies when necessary or required operational or technically necessary work is carried out. In the event of temporary unavailability for the reasons stated, KYB will inform the customer, where possible, at least forty-eight (48) hours in advance.
2.10 KYB is, as a matter of principle, not responsible for backing up the customer's files stored on the virtual or dedicated server. Creating a backup, irrespective of interval or scope, is neither a primary nor an ancillary contractual obligation of KYB, unless otherwise agreed in writing. The customer alone is responsible for making backup copies at intervals adapted to its needs. If the customer proves that it uses KYB's contractual services to send data and that its data were lost or damaged exclusively as a result of defective services by KYB, it is obliged, as a precautionary measure to mitigate damage, to back up its data daily or at least at intervals appropriate to the application in such a way that, in the event of loss, the data can be reconstructed with reasonable effort from data material provided in machine-readable form.
3. Use of the agreed services
3.1 The customer is obliged to use the services properly.3.2 As soon as services are provided to the customer for the first time, the customer must check them without undue delay for conformity with the contract and notify KYB in writing of obvious and/or identified defects. The customer must likewise notify defects in the service owed by KYB that are identified later in writing without undue delay.
3.3 In particular, the customer must pay the fees agreed at the start of the contract or later in accordance with the pricing applicable to it, plus the value added tax applicable at the time to be charged thereon.
3.4 Furthermore, to optimise the support provided by KYB and make it more effective, the customer should disclose, at the start of the contract, the equipment it uses to take part in the services (hardware and software used, installation).
3.5 The customer must ensure that the network infrastructure or parts of it are not overloaded by excessive use. The customer may use the services provided to it only to the contractually agreed extent and only in accordance with the applicable statutory provisions. In particular, the customer may not distribute any insulting, defamatory, seditious (volksverhetzende), (child) pornographic, immoral or unlawful content via KYB's network and/or the internet, or encourage such distribution or the provision of such content for retrieval by third parties. When using the services, the customer must in particular also respect copyright and data protection law, competition law, trade mark law and patent law. As a rule, KYB has no obligation to check or monitor this. The customer must ensure that its terminal equipment does not cause any disruptions in the network of KYB or of other network users.
3.6 The customer expressly indemnifies KYB against any liability for the content of websites on the virtual or dedicated server transmitted by the customer to third parties. The customer is itself responsible for the content of its respective pages.
3.7 The customer undertakes not to initiate any advertising circulars or mass mailings by e-mail via e-mail addresses of its respective domain without having been expressly requested to do so by the respective e-mail recipients.
3.8 Breach of duty and blocking
a) If there is a sufficiently specific suspicion that the customer has breached the obligations under this provision, KYB may provisionally block or restrict access to and use of the customer's virtual or dedicated server. As a rule, the customer will be informed of this 24 hours in advance. The customer will not be informed if, given the specific circumstances of the suspicion, there is so-called "imminent danger" (Gefahr im Verzug). If the customer demonstrably and completely removes the suspicion of a breach of duty under clause 3.5, the block or restriction of access and use will be lifted without undue delay, provided there is no official or court order to the contrary.
b) If the customer gives KYB a written assurance within 96 hours that it has completely remedied a breach of duty, in particular under clause 3.5, or will refrain from such a breach in future, the block or restriction will be lifted promptly after receipt of the assurance, provided there is no official or court order to the contrary. If the customer culpably repeats the same breach or breaches a duty of equal rank, or if, contrary to its written assurance, the breach of duty has not in fact been remedied, KYB is free to terminate its contract with the customer without notice and without a prior warning (Abmahnung).
c) If the suspicion referred to is based on the assertion by the third parties concerned that their rights have been infringed, KYB will inform the customer of this promptly. In this case, the customer is entitled to have the block or restriction lifted if it presents to KYB a court or official order that it has obtained against the third party.
3.9 If a provisional block occurs for the second time within a period of less than six (6) months due to misconduct on the part of the customer, KYB is entitled to make this and any further unblocking subject to a fee or to terminate the contract without notice.
3.10 The customer receives a login name and a login password for maintaining its offering. The customer is obliged to treat these as strictly confidential and not to disclose them to any third party. The customer alone is liable for any misuse resulting from unauthorised use of the password. The customer is aware that, due to the structure of the internet, it is possible for transmitted data to be intercepted or made visible to third parties by means of software. This applies in particular when using wireless LAN technology. The customer accepts this risk on its own responsibility. KYB is not liable for any breaches of the confidentiality of messages transmitted by e-mail or of information transmitted in any other way.
4. Domain names
4.1 Domain names ordered by the customer on a virtual or dedicated server are registered by Kyberio GmbH with the respective NIC and invoiced directly to the customer as the contractual partner.4.2 The IP numbers that may be required to operate the virtual or dedicated server remain in the possession of Kyberio and may be changed and reassigned at any time. The customer will be informed of this without undue delay.
4.3 The essential data provided by the customer for the registration of domain names are transmitted to the respective NIC in an automated procedure. The customer can only assume that the domain name is actually available and has been allocated once this has been confirmed by the respective NIC.
4.4 Where the registration of domain names is included in KYB's agreed scope of services, KYB acts merely as an intermediary vis-à-vis DENIC Domain Verwaltungs- und Betriebsgesellschaft eG (for domains under the top-level domain .de), the company nic.at Internet Verwaltungs- und Betriebsgesellschaft m.b.H (for domains under the top-level domain .at), Nominet UK (for domains under the top-level domain .uk), EURid, ICANN (for .com / .net / .org / .info / .biz and other top-level domains) and the accredited ICANN registrars DomainPeople and CORE, as well as all other administrative bodies. Only the respective customer is entitled and obligated by the registration of domains and by the contracts concluded with the corresponding administrative bodies. Termination of the respective contractual relationship between the customer and KYB does not affect the contractual relationship between the customer and the respective administrative body.
4.5 These contracts are based on the general terms and conditions and guidelines of the respective administrative bodies, which can be found in full on their respective websites. In particular, the customer takes note of the content of all corresponding provisions at www.denic.de, the ICANN Uniform Dispute Resolution Policy (which, together with the Rules for Uniform Dispute Resolution Policy, constitutes the ICANN guidelines), the DomainPeople Registration Agreement, the CORE guidelines and the Nominet Dispute Resolution Policy, agrees to them and is obliged to comply with them.
4.6 KYB is entitled at any time, without notice, to terminate a cooperation relationship with one or more accredited registrars responsible for registering and administering the respective customer domains, to replace one or more registrars for this purpose, or to enter into a contractual commitment with an additional or different registrar for this purpose. In this respect, KYB is entitled, in particular with regard to the choice of the respective registrar and at its own discretion, to transfer the respective domain names from one registrar to another, with the customer cooperating in carrying out such transactions.
5. Payment
5.1 Invoices are, as a matter of principle, due immediately and without deduction. Where a direct debit authorisation has been given, KYB will debit the fee owed by the customer from the account specified by the customer no earlier than one (1) week after the invoice date. After receipt of the invoice, the customer must ensure that the specified account has sufficient funds.5.2 KYB is entitled, after written warning setting a deadline of one (1) week, to impose a partial or complete block on the connection and on the use of its services if an unjustified return debit (Rücklastschrift) occurs when KYB collects receivables by agreed and authorised direct debit (in particular due to insufficient funds in the account or objection) and the customer is in default of payment, unless the customer is not responsible for the return debit. The same applies if the customer is in default of payment. The customer remains obliged to pay the agreed monthly base price even after a block. KYB reserves the right to assert further claims on account of default of payment.
5.3 If, in the case of cross-border transactions, the customer has its registered office outside an EU member state, KYB and the customer agree to share the charges, fees and costs of the credit institutions involved that arise for payment transactions at fifty (50) per cent each.
5.4 As a free default setting, the customer receives its personal invoices by e-mail as a PDF document with a qualified electronic signature. If the customer cannot use the invoice it has received for VAT purposes (im Rahmen des Umsatzsteuerverfahrens geltend machen) because of an error in its content, it must notify KYB of the error without undue delay. KYB will then promptly issue an invoice to the customer that meets the VAT requirements. At the customer's express written request, the customer's invoice will be sent to it monthly as a paper printout. The customer will be charged a separate fee of EUR 1.00 net for each paper invoice.
5.5 In the event of the customer's default of payment, KYB is entitled to demand compensation for the corresponding effort for each reminder issued. The customer will be charged EUR 2.50 for the first reminder establishing default, EUR 25.00 for a partial or complete blocking of servers and racks due to payment arrears, EUR 25.00 for unblocking servers and racks after receipt of the arrears, and EUR 100.00 for cancelling a debt collection order, e.g. to Infoscore GmbH, in each case plus the applicable value added tax. The customer is aware that, in addition, it must bear all costs that are recoverable as a result of its default of payment, such as the fees of the lawyer we have engaged under the Rechtsanwaltsvergütungsgesetz (German Lawyers' Remuneration Act) or the costs of an engaged, licensed debt collection agency.
5.6 The customer may only set off claims against receivables and claims of KYB that are undisputed or have been finally established by a court (rechtskräftig festgestellt). Furthermore, the customer is only entitled to exercise a right of retention insofar as its counterclaim is based on the same contractual relationship.
6. Contract term and termination
6.1 Any termination must be in writing; the written form is also deemed to be satisfied by fax.6.2 With the exception of details marked separately in the contract or in the offer, the contract is, as a matter of principle, concluded for a minimum term of twelve (12) months. The contracts may be terminated by ordinary notice of 30 days to the end of the contract term. If the contract is not terminated, it is automatically extended by the minimum term.
6.3 The right of both parties to terminate without notice for good cause (aus wichtigem Grund) and for other reasons provided by law remains unaffected. Good cause entitling KYB to terminate without notice exists in particular if
(a) the customer is in default for two consecutive months with payment of the contractually owed base and/or usage fees, or, over a period of more than two months, with an amount equal to the average remuneration owed for two months, but at least EUR 75.00. If a special statutory provision on the right to block should apply to the contract, termination without notice is only permissible if KYB is actually entitled to block.
(b) the customer breaches a material obligation under the contract (a so-called "cardinal obligation", Kardinalpflicht) and, despite a written warning, does not take suitable measures within one week of receipt of this warning to remedy or stop this breach of contract without undue delay. A warning is not required in the case of grossly unlawful conduct in breach of contract.
(c) the customer acts contrary to its obligations under these AGB, in particular clause 3.5 in conjunction with clause 3.7 b), and/or has not submitted a written assurance to KYB in time. Any advance payments made for domain registrations covering 12 months cannot be refunded in the event of termination during the contract term. Domains registered in the customer's name must be terminated in writing no later than 6 weeks before the end of the respective contract term of 12 months in each case.
7. Retention of title
All goods delivered or sold by KYB remain the property of KYB until full payment of all claims, including conditional claims, against the customer or the person who accepted the goods. This provision applies equally to claims arising in future. To assert our retention of title, we are entitled to demand the immediate surrender of the goods subject to retention of title, to the exclusion of any right of retention, unless the customer's counterclaims have been finally established by a court or are undisputed. If the customer or the person who accepted the goods does not comply with this demand without undue delay, we or persons expressly authorised by us are entitled to enter the customer's premises in order to obtain direct possession of the goods subject to retention of title. In doing so, the customer must provide information about the whereabouts of the goods and, where necessary, grant reasonable access to the business records it keeps on them. If creditors of the customer levy execution on the goods sold, the customer must inform KYB in writing without undue delay. In this case, the customer must indemnify KYB against all costs that KYB incurs by engaging third parties to protect its ownership rights against the attaching creditor, insofar as these are necessary and appropriate and are not to be reimbursed by the attaching creditor.8. Warranty
Unless otherwise stipulated, the customer's warranty claims for defects in the goods and the commencement of the limitation period are governed by the statutory provisions. The limitation period for the customer's warranty claims is one year from delivery of the goods. KYB does not provide any warranty for wearing parts.9. Liability
9.1 We cannot accept any liability for disruptions within the internet. It is generally known that, according to the current state of the art, it is not possible to develop and operate computer programs (software) and data processing systems (hardware) completely free of errors and to exclude all imponderables in connection with the internet as a medium.9.2 Unless KYB is liable on the basis of a guarantee it has given, liability for damages claims is otherwise limited as follows: KYB is liable for damage caused by slight negligence only insofar as it results from the breach of obligations essential to the contract (cardinal obligations). Cardinal obligations are those contractual obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose fulfilment the contractual partner was entitled to rely. KYB's liability for simple negligence under this provision is limited to the typically foreseeable damage. For damage caused by delay through slight negligence, KYB's liability is limited to the typically foreseeable damage, but to a maximum of 5% of the total price agreed in the contract concerned. The provisions of the preceding paragraph also apply accordingly to a limitation of the obligation to compensate for futile expenses (Section 284 BGB). The above limitations of liability also apply in favour of KYB's vicarious agents (Erfüllungsgehilfen).
9.3 In providing its (telecommunications) services, Kyberio GmbH is liable for financial losses (Vermögensschäden) not caused intentionally, with the exception of liability under the provisions of the Produkthaftungsgesetz (German Product Liability Act), up to a maximum amount of EUR 12,782.30 per customer, whereby liability towards all injured parties together is limited to a total of EUR 10,225,837.62 per damaging event. If the compensation payable to several customers on account of the same damaging event exceeds this maximum limit, the damages per customer shall be reduced in the proportion that the sum of all damages claims bears to the maximum limit.
9.4 KYB does not give the customer any guarantees in the legal sense. No employee of KYB is authorised to give guarantee commitments of any kind to third parties. Any existing and granted manufacturer's guarantees remain unaffected. Kyberio GmbH does not guarantee that the virtual or dedicated server is suitable for a particular service or a particular software or is permanently available. Kyberio GmbH's exclusive service consists in making the virtual or dedicated server available.
10. Credit check
KYB works with credit agencies and credit insurance companies. On request, KYB will give the customer the addresses of these companies, which can also provide the customer with information about the data stored about it. Information about the customer may be obtained from these companies.11. Security rights
When items owned by the customer are brought into KYB's premises (or when the customer acquires ownership of items brought in by it), a lien (Pfandrecht) arises in favour of KYB. This lien expires upon full satisfaction of the claims under this contract on termination of the contractual relationship. If the customer has any other right in an item brought into the premises of Kyberio GmbH, in particular an expectant right (Anwartschaftsrecht), it assigns this right to Kyberio GmbH as security.12. Information obligations
When registering, the customer is obliged to provide truthful information. If the customer's data change, in particular name, address, e-mail address, telephone number and bank details, the customer is obliged to notify us of this change without undue delay. If the customer fails to provide this information or provides incorrect data from the outset, in particular an incorrect e-mail address, we may withdraw from the contract if a contract has been concluded. The withdrawal will be declared to the customer in writing. The written form is also satisfied by sending an e-mail. The customer must ensure that the e-mail address it has provided is reachable from the time it is provided and that receipt of e-mail messages is not prevented by forwarding, deactivation or an overfull e-mail account.13. Use of logos or of content protected by copyright
The customer is not entitled to use, for example, KYB's logo, its products, product descriptions or its data centre in any form for business purposes in legal transactions, e.g. for marketing purposes or as a reference, in any form (in particular in pictorial representation), without KYB's express permission. Likewise, the customer is not permitted to publicly use images, texts or other material protected by copyright from KYB's website or from sources or products connected with it for business purposes in legal transactions without KYB's express written permission.14. Amendment of the General Terms and Conditions
14.1 KYB may amend the contract with the customer by incorporating amended general or special terms and conditions, service descriptions and/or price lists, with a notice period of at least six weeks before they take effect, if the customer does not expressly object. The customer will be notified of the amendment in text form (Textform), and also of where it can reasonably view the amended contractual terms or obtain them in text form.14.2 When notifying the customer of the forthcoming amendment to the contract, KYB will expressly inform the customer that the customer's consent to the amendment is deemed given if the customer does not object to the amendment in writing within six weeks of notification of the amendment, whereby timely dispatch is sufficient to meet the deadline.
14.3 If, despite notice and express instruction, the customer does not object or does not object in time, this is deemed to be the customer's consent to the amendment. The amendment takes effect automatically on expiry of the six weeks, unless a later date is expressly specified.
14.4 There is no right of objection where KYB adjusts the prices in the event of a change in the statutory value added tax rate. In this case, the change takes effect automatically when the new value added tax rate legally comes into force, unless a later date is expressly specified. The customer has no right of objection if the amendment to the contract does not result in any disadvantages for the customer, i.e. is merely advantageous to the customer. Disadvantages in this sense also do not arise for the customer if a necessary and reasonable technical change may result in the customer having to make investments of its own in order to continue using the contractual service (e.g. terminal equipment adapted to the technical change, more powerful servers etc.).
15. Place of jurisdiction
If the customer is a merchant (Kaufmann), a legal entity under public law or a special fund under public law (öffentlich-rechtliches Sondervermögen), the exclusive place of jurisdiction for all disputes arising from this contract is Hanover. The same applies if the customer has no general place of jurisdiction in Germany or if its domicile or habitual residence is not known at the time the action is filed.16. Choice of law
The law of the Federal Republic of Germany applies exclusively. The application of the UN Sales Convention (United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980) is excluded.17. Severability clause
Should individual provisions of the contract with the customer, including these General Terms and Conditions, be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The wholly or partially invalid provision shall be replaced by a provision whose economic result comes as close as possible to that of the invalid provision.Version of 1 December 2025
Contract terms Secure Public Cloud
1. Scope
These supplementary terms govern the provision and use of the Secure Public Cloud (hereinafter: SPC) of kyberio GmbH (hereinafter: kyberio). They supplement the General Terms and Conditions of kyberio GmbH and take precedence over them in the event of conflict for SPC-specific matters.2. Conclusion of contract
2.1 Online registration / self-service(1) Registration in the SPC portal does not establish a contract subject to charges for the use of the Secure Public Cloud (SPC). It may entitle the user to use a 14-day trial (Teststellung) after provision by kyberio. A contract subject to charges for the use of the SPC is only concluded by a separate order, either by an online order in the customer portal or by kyberio's acceptance of an offer.
2.2 Conclusion of contract on the basis of an individual offer
(1) For customers with binding resource commitments (12/24/36 months) or individual technical requirements, the contract is concluded by acceptance of a written offer.
(2) In case of doubt, the prices, commitments and terms documented in the offers take precedence over these terms.
3. Trial accounts
(1) kyberio offers registered users a free trial of the SPC, as a rule for 14 days from activation of the account. (2) The trial serves to test the SPC subject to a fair use principle. Excessive, abusive or commercial use may be restricted technically by kyberio. (3) The trial ends automatically after 14 days without any separate declaration. (4) After the trial expires, access is deactivated automatically. Thereafter, use in productive operation is only possible after conclusion of a contract subject to charges. (5) SLAs or contractual availability commitments apply exclusively to subsequent use subject to charges and not during the trial. (6) Data from the trial are stored for up to 30 days after deactivation and then deleted, unless a contract subject to charges is concluded. (7) The services available during a trial may be restricted and may differ from the scope of services in productive operation.4. Scope of services of the Secure Public Cloud
The services in substance result from the applicable service description and price list of the Secure Public Cloud, in particular:- Provision of an OpenStack-based IaaS platform with compute, storage, network and object storage
- Operation exclusively in data centres in Germany, ISO 27001 (BSI IT-Grundschutz) certified
- Tenant separation, security groups, RBAC
- API-based use
- Pay-per-use billing
- Use of optional managed services
5. Obligations and responsibilities of the customer
5.1 Operation and configuration(1) The customer is solely responsible for the configuration, operation, security and functionality of its instances, services and applications run in the SPC.
(2) The customer is responsible for updates, patches and the security of its software.
5.2 Prohibited types of use
The following are prohibited in particular:
– mining, sending spam, botnet activities
– use to carry out or spread attacks
– unlawful content
5.3 Open ports / insecure configurations
(1) kyberio informs the customer when security-critical misconfigurations are identified.
(2) kyberio is entitled to temporarily block affected instances if
- there is an acute threat to other customers or the platform
- there are official requirements
- an immediate danger to the integrity of the infrastructure arises.
6. Abuse, overload, fair use
6.1 DDoS, crypto mining & security-relevant incidentsIf there are indications of abusive use (e.g. DDoS traffic, mining patterns, compromised instances), kyberio may:
– pause or isolate instances
– block network traffic
– withdraw public IPs
– suspend accounts
6.2 Excessive resource use & fair use
(1) Use is based on the pay-per-use model.
(2) kyberio may define and technically enforce fair use limits for
- API requests
- network traffic
- excessive storage IO
7. API use & rate limits
(1) The customer may use all OpenStack APIs offered within the scope of the platform documentation. (2) To ensure platform stability, customary API rate limits apply (comparable to other OpenStack-based cloud offerings). (3) kyberio may restrict or temporarily block excessive API polls if they impair platform stability.8. Billing
8.1 Pay-per-use(1) kyberio bills resources by the hour, based on the compute, storage and network capacity actually used.
(2) Billing takes place monthly in arrears.
8.2 Additional resources / traffic
(1) Inbound traffic is free of charge; outbound traffic is billed according to the price list.
(2) IP subnets, public IPs or BGP routes used optionally are billed according to the price list.
8.3 Commitments
(1) For agreed vCPU/RAM commitments, terms of 12, 24 or 36 months apply.
(2) Commitments continue to run even if the customer does not use the resources.
9. Availability (SLA)
The SLA provisions result from the applicable SLA document for the Secure Public Cloud (SLA Public Cloud – Virtualisation).10. Suspension of the account
kyberio may suspend accounts or instances if- significant security incidents occur
- there is abuse
- there is default of payment
- there are official orders.
11. Contract term, termination
11.1 Without commitment(1) Contracts without commitment may be ended at any time by deleting the account.
(2) There is no notice period.
11.2 With commitment
Commitment contracts may only be terminated with effect from the end of the agreed term.
11.3 Consequences of termination
(1) After deletion of the account, all resources are deactivated; data may be irretrievably deleted.
(2) The customer is itself responsible for exporting, migrating or backing up its data.