General Terms and Conditions of HELLOLY GmbH
September 2024
These General Terms and Conditions (“GTC”) apply to all deliveries and services provided by HELLOLY GmbH, Rainerstraße 25, 4020 Linz (“HELLOLY”) to its contractual partners (“Customers”, together with HELLOLY the “Parties” or individually a “Party”) under a contract (“Contract”). The mutual rights and obligations of the parties are primarily determined by the content of the customer‘s contractual offer accepted by HELLOLY. The contractual services owed by HELLOLY are referred to as “services” or “benefits”.
The GTC apply to contracts with consumers within the meaning of Section 1 (1) (2) of the Austrian Consumer Protection Act (KSchG) and to contracts with entrepreneurs within the meaning of Section 1 (1) (1) KSchG (“consumers” or “entrepreneurs”).
With regard to companies, the terms and conditions also apply to future business between the parties, provided that they are objectively related to the present contractual relationship, even if no further reference is made to them when the future contract is concluded. With regard to consumers, the terms and conditions apply if they have been agreed and made available prior to the respective transaction. Further terms and conditions of HELLOLY apply as agreed.
The customer‘s (entrepreneur‘s) general terms and conditions shall only apply if HELLOLY has expressly agreed to them in writing.
A contract between HELLOLY and the customer is concluded when HELLOLY has issued a confirmation of the order or commission (in writing for companies) after receiving the order or commission. Alternatively, a contract between HELLOLY and the customer is concluded when HELLOLY has begun with the actual provision of services (e.g. setting up web space or placing necessary orders with third parties, providing user login and password, etc.). We save the contract text and send you the order confirmation by email. For security reasons, your order data is no longer accessible via the internet. The content of the contract, all other information, customer service, data information, etc. are offered in German.
If the customer is a consumer, the corresponding provisions of the FAGG shall apply to customer contracts that have been concluded by way of distance selling (Section 1 FAGG). The customer may withdraw within 14 days of concluding the contract. No reasons need to be stated and no specific form needs to be adhered to. Consumers may use the model withdrawal form available at http://www.helloly.com/revocation_declaration.pdf or otherwise declare their withdrawal to HELLOLY (contact details as per Section 12.7.). To meet the revocation period, it is sufficient for the customer to send a notification of the exercise of the right of revocation before the end of the revocation period. In the event of revocation, payments made will be refunded.
If the customer has requested HELLOLY to begin fulfilling the contract before the expiry of the revocation period and the customer nevertheless withdraws, they shall pay HELLOLY a pro-rata amount of the agreed fee. If HELLOLY has already fulfilled the contract in full in this case, the right of revocation shall lapse and the full fee shall be payable.
Without prior and (for entrepreneurs) written consent, HELLOLY customers are not entitled to transfer all rights and obligations under this contract to a third party. However, individual rights (such as claims for recovery) may be transferred.
HELLOLY is entitled to transfer its obligations to a third party, either in whole or in part, i.e. also with regard to individual services, or the entire contract, with debt-discharging effect, and shall notify the customer thereof. This only applies to companies. HELLOLY is also entitled to use agents.
The use of the contractual services by third parties, as well as the transfer of these services to third parties for a fee, requires the consent of HELLOLY, which must be given explicitly and in writing to companies.
Sales partners or employees as well as technical employees of HELLOLY are not authorized to make declarations, promises or accept payments on behalf of HELLOLY. A restriction of power of attorney or lack of power of attorney of HELLOLY‘s sales partners or sales employees only applies to a consumer if the consumer was aware of it.
For technical reasons, it is not possible for the services provided to be accessible without interruption, even if the necessary care is taken, or for the desired connections to be established at all times. For example, for technical reasons, it cannot be guaranteed that e-mails will arrive safely or that error messages will be sent in this regard. Spam filters, virus filters, etc. (whether set up by HELLOLY or the customer) may prevent e-mails from being delivered. The same applies to delays or data loss during transmission. The provisions of this Section 2.1. do not affect HELLOLY‘s warranty and liability in accordance with Sections 7. and 8.
HELLOLY is not liable to entrepreneurs in the event of restrictions or interruptions to services in the following cases of force majeure: official orders, restrictions to services of other operators, changes to technical infrastructure not initiated by HELLOLY or during repair and maintenance work.
An official order or court order can legally oblige HELLOLY to block access to certain services. If HELLOLY is obliged to block a service in this way, the service can no longer be used by the customer.
HELLOLY is only liable for the functionality and compatibility with other programs of the customer in accordance with the contractual agreement for the software provided. The warranty claims of consumers according to point 7 are not limited by this point 2.2.
The initial provision of the services shall be made within the period agreed at the time of the order or – whichever is later – from the time at which the customer has fulfilled all the technical and other requirements incumbent upon it (Section 6.1.) (“provision period”).
Defects in performance by HELLOLY shall be remedied as quickly as possible within the scope of the warranty obligations and liability in accordance with points 7. and 8. In the event of delays, point 2.1. shall apply mutatis mutandis. The customer shall support HELLOLY in determining the cause of the defect or error to the best of their ability.
HELLOLY will take all measures within the scope of professional due diligence to protect the data stored at HELLOLY. Should a third party succeed in unlawfully obtaining control over or further use of the data stored by HELLOLY, HELLOLY shall only be liable in the event of a breach of duty and in accordance with points 7. and 8. The same applies if the customer causes the loss of their own data.
In the event of a performance failure, HELLOLY will repair the defective components free of charge, including the original settings of the operating system, provided that a backup exists. Data recovery is carried out from the last backup, which HELLOLY carries out once a week if a corresponding agreement has been made. If no backup has been agreed or the customer requires additional backup copies, the customer is responsible for this themselves. The backup copies should be stored in a different location to the server.
HELLOLY reserves the right to discontinue offering or providing any of the Services at any time, for any or no reason, and without prior notice. While HELLOLY makes every effort to maximize the lifespan of all services, it may happen that an offered service is discontinued or reaches its end-of-life (“EOL”). If the product is EOL, this product or service will no longer be supported by HELLOLY from the EOL date.
In the event of an EOL, HELLOLY will contact the customer at least 30 days prior to the EOL date. It is the customer‘s responsibility to take all necessary steps to replace the product or service by migrating to a new product or service before the EOL date or, alternatively, to completely discontinue use of the affected service before the EOL date is reached. HELLOLY will offer the customer a comparable product/service to which the customer can migrate/switch for the remaining term, or alternatively offer a pro-rata credit or pro-rata refund – the amount of the credit or refund will be determined at HELLOLY‘s sole and absolute discretion.
HELLOLY may alternatively migrate the customer to the current product version upon reaching the EOL date, even without prior notification. The customer agrees to take full responsibility for any loss or damage resulting from such a migration.
HELLOLY is not liable to the customer or any third party for any modification, suspension or discontinuation of any of the services we offer or provide access to.
In the event of software delivery, HELLOLY grants the customer a non-transferrable, non-exclusive right to use the software if the customer has accepted the applicable license conditions for the software in advance, unless otherwise expressly agreed. When using licensed third-party software, the customer shall be provided with the license conditions of the third party in addition to the license conditions of HELLOLY before the contract is concluded, which must also be observed. Software retrieved by the customer that qualifies as “public domain” or “shareware” is only provided by HELLOLY. The customer must observe the terms of use and any license agreements specified by the author for such software. Before passing on the software to third parties, the customer must ensure that this is permitted under the license or terms of use.
In addition to the software made available to him by HELLOLY, the customer may only install additional software if this has been contractually agreed (and except for consumers: in writing) and the software serves a lawful purpose that is not harmful to third parties. The customer must observe the software license conditions of the manufacturer. Updates must be obtained independently; HELLOLY does not provide any updates or upgrades.
HELLOLY may deactivate installed software if the customer violates these provisions, provided that it endangers the operational or data security of HELLOLY or third parties, or causes disruptions to HELLOLY‘s equipment or services and the customer is at fault. The customer will be informed of any deactivation by email without undue delay.
The customer acknowledges that the stipulated fees do not include Internet access (Internet connectivity) and also do not include any transmission fees arising therefrom (e.g. telephone costs) or fees charged by third parties for the use of services on the Internet. Unless otherwise agreed, any packaging and shipping costs shall be borne by the customer.
The stated prices include the statutory value added tax. Consumers are quoted gross prices.
Fees are subject to the following price adjustment clause: Periodic fees will be adjusted in accordance with the Consumer Price Index 2020 (base year 2020) published monthly by Statistics Austria or a successor index. If the right to adjust the value is not exercised, this does not constitute a waiver of future adjustments. The customer has no right to extraordinary termination due to such index adjustments.
Domains are also covered by the value maintenance clause.
The costs charged by a third-party registration authority for certain domains may, in individual cases, exceed the fees stated by HELLOLY upon completion of the order (“premium domains”). This circumstance is beyond the control of HELLOLY. In this case, the customer‘s order cannot be fulfilled (impossibility).
The customer will be contacted by HELLOLY to ask whether they would like to complete the order at the higher domain costs instead. If the customer declines, the order will not be completed and any payments already made will be refunded to the customer.
The customer invoice contains the following information: customer name, customer address, invoice date, calculation period, invoice number, individual fees, total price excluding VAT, VAT, total price including VAT and any discounts granted.
HELLOLY makes the invoice available for retrieval in the customer‘s customer area at my.helloly.com and notifies the customer of this by email.
Unless otherwise agreed, the fees are due at the beginning of each performance period (year or month) agreed upon when the order is placed (see also point 11.1). Unless otherwise agreed, payments are due without deductions upon receipt of the invoice. The invoicing dates are specified in the contract (order or purchase order). In case of doubt, one-time costs will be invoiced immediately after conclusion of the contract and recurring costs will be invoiced monthly in accordance with point 5.2.
When paying by credit card, the customer must ensure that the credit card is not blocked or has expired. The customer must renew his credit card in good time before it expires. Any expenses incurred as a result of a breach of this provision shall be borne by the customer. Delays in payment shall be at the customer‘s expense.
These provisions shall apply accordingly to payments made by direct debit. In this case, the customer shall also reimburse the expenses incurred in the event of a chargeback.
Consumers are only required to bear the costs under this point 5.3 in accordance with the statutory provisions if they are at fault.
In the event of default of payment by the customer (failure to meet payment deadlines), HELLOLY is entitled to withhold its services (see points 10.2. and 10.4.) or to terminate the contractual relationship with immediate effect after an unsuccessful payment reminder, setting a grace period of at least seven days, and at least one additional reminder, setting a grace period. Furthermore, as an alternative to termination, HELLOLY may also make the continued provision of services dependent on the provision of an appropriate security or advance payment. For both parties, default interest in the amount of 4% p.a. shall apply. In the event of a default in payment for which it is responsible, HELLOLY shall be entitled to charge all costs necessary and incurred for appropriate legal action.
For a reminder, HELLOLY may charge the customer the dunning fees incurred by HELLOLY in the amount of EUR 10.00, provided that the delay in payment is the customer‘s fault and the reminder is necessary for appropriate legal action and is in reasonable proportion to the claim being pursued. HELLOLY‘s right to claim further damages from entrepreneurs remains unaffected.
The customer must raise any objections to the claims set out in the invoice within three months of receipt of the invoice. If no objections are raised, this shall be deemed a declaration that the customer acknowledges the claim. However, such acknowledgement does not preclude legal action. Legal action must be taken within six months of receipt of the invoice. HELLOLY shall draw the customer‘s attention to these deadlines and the legal consequences of missing them on the invoice. This point 5.5 does not apply to consumers.
The due date of the invoice amount is not affected by objections. Existing rights of set-off or retention due to counterclaims of the customer or breaches of contract by HELLOLY remain unaffected.
Offsetting against outstanding claims against HELLOLY and withholding payments due to claims asserted by the customer but not recognized by HELLOLY is hereby excluded. If the customer is a consumer, however, they may offset in the event of HELLOLY‘s insolvency. Furthermore, in this case they may offset with such claims that are legally related to those of the entrepreneur and with those that have been established by a court of law. Finally, in this case, offsetting is possible with claims recognized by the entrepreneur.
1052 ABGB (Austrian Civil Code) (right of retention to obtain or secure counter-performance) and all statutory rights of retention are excluded. This does not apply if HELLOLY has acknowledged the performance obligations to which the right of retention refers. This point 5.8. applies only to companies.
Insofar as the agreed scope of services does not include certain prerequisites for the service, these are to be provided or obtained by the customer at their own expense. To enable installation and service provision, the customer shall provide HELLOLY with the necessary information.
The customer is obliged to comply with the applicable legal provisions. In particular, the customer is referred to his obligations under the law against unfair competition, trademark law, prohibition law, media law, copyright law, pornography law, as well as the legal provisions on defamation, libel or credit damage, civil defamation and/or credit damage. The customer is obliged not to store any illegal content or information on the server, nor to refer in any way to illegal content offered by him or third parties, or to publish links to such offers.
The customer is obligated not to use the contractual services in any way that could lead to unlawful interference with third parties or that could endanger the security or operation of HELLOLY or others. Spamming (aggressive direct mailing via email) or any use of the service to transmit threats, obscenities, harassment or to harm other Internet users is prohibited.
The customer further undertakes to inform HELLOLY if a judicial or extrajudicial claim is made against them as a result of the use of the contractual services.
The customer is obliged to use suitable and sufficiently secure technical equipment and settings. For all devices from which HELLOLY services are used, sufficient security includes firewalls and regular updates of hardware and software, including virus protection. The customer is obliged to secure their end devices by using passwords. They must take precautions to ensure that their passwords are not accessible to anyone other than the persons authorized to use the service. The customer is obligated not to store passwords or other access data on the hard drive of the same device used to access HELLOLY services.
The customer is obliged to report to HELLOLY without delay any suspicion that their access data or other secret information relating to HELLOLY‘s services may have become known to unauthorized third parties.
The customer is advised that by retrieving data from the internet, harmful components (such as viruses or Trojan horses) can be transferred to their end device, which can have a negative impact on their data or lead to the misuse of their access credentials. Such harmful effects may also be caused by hackers. HELLOLY is only responsible for the security of the user‘s end devices within the scope of its own contractual services. Beyond that, responsibility only exists within the scope of further agreements. HELLOLY‘s warranty and liability remain unaffected in accordance with points 7. and 8.
In order to enable HELLOLY to rectify the faults, the customer must inform HELLOLY of faults in the provision of services. If the customer fails to do so, the customer shall bear the costs of any damages and expenses arising from the failure to notify. In particular, the costs of another company commissioned by the customer shall not be borne by HELLOLY in this case.
Warranty claims shall be fulfilled by improving the service. The customer shall report any defects that arise in writing and in as much detail as is reasonably possible without delay, but at the latest within fourteen working days (notice of defect), otherwise warranty claims with regard to these defects shall be forfeited. This point 7 does not apply to consumers.
HELLOLY is only liable for property damage in the event of intent or gross negligence, but not for slight negligence. Except in the event of a breach of the primary obligation, liability for consequential damages (pure financial losses) is excluded for entrepreneurs. Otherwise, point 7 applies accordingly for claims for damages against entrepreneurs. HELLOLY does not assume any liability towards entrepreneurs for third-party content that is or is to be transported via the internet or that is accessible via it. The customer‘s statutory right to terminate the contract for good cause remains unaffected, in particular in the event of unreasonable service failures or restrictions.
HELLOLY‘s services do not provide any protection against harmful data requested by the customer from the Internet or e-mails from third parties delivered by HELLOLY, or for services provided by third-party service providers. Furthermore, HELLOLY‘s services do not provide any protection against damage caused by viruses, Trojan horses, attacks by hackers, etc. Other terms shall only apply if an express (and in the case of entrepreneurs: written) agreement has been concluded.
Liability in these cases is only accepted in accordance with the provisions of 8.1.
If the customer causes damage solely due to non-compliance with the contract with HELLOLY and its components (including these General Terms and Conditions), in particular through use contrary to the contract, HELLOLY shall not be liable for this. In addition, HELLOLY‘s liability for its own breaches of duty in accordance with Section 8.1. remains unaffected.
If the customer violates their contractual or legal obligations and if HELLOLY is justifiably held liable by third parties due to this violation, the customer is obliged to indemnify HELLOLY. HELLOLY‘s own liability towards the customer or third parties remains unaffected. As far as possible, the customer should help to avoid (further) damage.
Continuing obligations between HELLOLY and the customer can be concluded for an indefinite or definite period of time. If no end time has been agreed, contracts are concluded for an indefinite period of time.
Contracts concluded for an indefinite period of time may be terminated in writing by either party with a notice period of one month to the end of each performance period. The performance period is the period for which the fee is calculated on the basis of the contractual agreement (e.g. one month or one year).
If a waiver of the ordinary right of termination for a certain period of time (initially a maximum of 24 months for consumers) has been agreed (“minimum contract term”), an ordinary termination by the customer will only take effect once the minimum contract duration has elapsed. If the contract is terminated before the minimum contract duration has elapsed due to extraordinary termination by HELLOLY and if the customer is at fault for this, then the customer shall pay a residual fee. The remaining fee shall be due at the time of termination. The remaining fee shall be the fixed fee that would have been due under a valid contract for the period between the premature termination of the contract and the end of the minimum contract term. The amount of the remaining fee may be reduced by court order under Section 1336 (2) of the Austrian Civil Code (ABGB) if it is excessive.
HELLOLY may terminate the contractual relationship for the following important reasons:
The points a) to f) do not apply to consumers. They only apply to companies in accordance with § 25a and § 25b IO and are not considered to be good cause if advance payment or guarantees have been agreed that prevent a deterioration of HELLOLY‘s economic situation.
The statutory right of both parties to terminate for good cause remains unaffected. HELLOLY may, instead of terminating the contract, also proceed with the withholding of its services (block) if HELLOLY is entitled to rights of retention. HELLOLY is entitled to carry out a partial service interruption or block in this case. In any case, HELLOLY shall only implement the block to the extent and for the duration necessary to protect HELLOLY‘s infrastructure and third parties as well as to prevent legal violations in the cases of points h) and i).
In the event of legal violations by individual information or content published on hosted websites, HELLOLY may remove it or block access to it.
HELLOLY shall in all cases promptly inform the customer of the measure taken and the reason for it. The right to subsequent termination of the contract by HELLOLY for good cause remains unaffected.
If the contract is terminated for good cause or the block is imposed for reasons attributable to the customer, HELLOLY‘s claims to the fee remain unaffected until the next termination date (remaining fee). The amount of the remaining fee is subject to judicial mitigation in accordance with Section 1336 (2) ABGB if it is proven to be excessive by the customer. For consumers, the remaining fee is only incurred if they are at fault.
Upon termination of the contractual relationship, HELLOLY‘s obligation to provide (contractual) services shall end. HELLOLY is therefore entitled from this point in time to delete stored data or data held ready for retrieval by the customer or software provided for the duration of the contract. If the customer terminates the contract, HELLOLY may delete data immediately upon termination. If the contract ends for any other reason, HELLOLY will inform the customer by email at least 7 days in advance of the impending permanent deletion. Furthermore, the timely retrieval, storage and backup of content data is the customer‘s responsibility.
If agreed at the time of the conclusion of the contract, the terms and conditions and guidelines of the registries shall apply in addition to HELLOLY‘s GTC for domains. The terms and conditions applicable to domains of nic.at can be found at www.nic.at/en/terms.
If agreed at the time of the conclusion of the contract, the ICANN Uniform Domain-Name Dispute-Resolution Policy (”UDRP“) shall apply to domains subject to the coordination of the Internet Corporation for Assigned Names and Numbers (”ICANN“, [icann.org]) (including, without limitation, the domains ”.com“, ”.net“, ”.org“, ”.info“ and ”.biz“), the Uniform Domain-Name Dispute-Resolution Policy (”UDRP“) of ICANN, which can be accessed at www.icann.org/en/dndr/udrp/policy.htm, shall also apply.
Furthermore, the General Terms and Conditions of Key-Systems GmbH apply to all domain registrations, available at www.centralnicreseller.com/registration-agreement. This applies in particular to the change of ownership as “Designated Agents” according to the ICANN policy.
The registrar may take action with the registry to ensure that the domain no longer works technically and can be revoked if the owner has not paid the domain fee or does not respond after multiple requests.
HELLOLY extends domain registrations and other services by a further year in each case, provided that the customer pays for the extension in good time. The renewal payment is considered timely if it is received in an account of HELLOLY up to seven business days before the end of the contract term, or if such a payment is irrevocably authorized by the customer with an online payment method (credit card, PayPal, etc.) up to seven days before the end of the contract term.
HELLOLY will automatically discontinue its services at the end of the contract period if the service extension has not been paid for. This contract period is stated in the order confirmation and can also be viewed in the customer area.
It is expressly pointed out that generic domain names that have not been renewed will be blocked by HELLOLY and deleted after a security period of 30 days. The fees for restoring a blocked domain name can be requested from the support team. Depending on the domain extension (TLD) concerned, domains that have already been deleted can be restored. The costs for such a restore can also be requested from the support team.
If the domain is no longer available, HELLOLY will refund the costs paid.
The domains “.at”, “.co.at” and “or.at” are managed by the registry nic.at. HELLOLY reserves the requested domain in the name and for the account of the customer at nic.at. HELLOLY is only entitled to dispose of the domain on behalf of the customer.
HELLOLY does not check the legal admissibility of the domain, for example with regard to trademark or copyright law. The customer is obliged to check and comply with the relevant legal provisions. Otherwise, point 9 applies.
Terminating a web hosting contract with HELLOLY does not automatically terminate domains. Domains must be terminated separately. The customer is entitled to transfer their domain to another provider independently of the termination of the web hosting contract with HELLOLY.
For domains for which nic.at is the registry (see Section 11.1.2), deletion of the domain requires a separate request from the customer. This also applies to.de domains of DENIC. Alternatively, the customer is offered the option to keep their domain and transfer it to another provider. It should be noted that if the customer does not issue either an order for deletion or for transfer, HELLOLY is not authorized to make any dispositions regarding the domain.
The invoice therefore remains valid and the customer remains obliged to make further payments for the domain.
The customer is entitled to issue HELLOLY with the order to transfer existing domains to HELLOLY. If the transfer is not technically possible and this is not within the control of HELLOLY or is the fault of HELLOLY, the customer is still required to pay the fee for the transfer order. If the customer issues a new order, a fee is to be paid again.
In web hosting, there is generally a shared pool of resources available per server. This results in the resource dilemma that although the availability of free resources is beneficial for all customers, each individual customer has no incentive to ensure that they themselves do not use too many resources. To ensure that there are enough resources available for all customers, HELLOLY sets resource limits per package. These limits are resource limits, although the term “server abuse” is not fully covered by this and it is at HELLOLY‘s discretion to define what “server abuse” is.
HELLOLY servers must not be used as backup/storage systems.
Resale is not permitted for web hosting and WordPress hosting offers. Please contact our support team to request special reseller rates for reselling.
Pornography of any kind is not allowed under any circumstances. HELLOLY is the final arbiter of what constitutes a violation of this provision.
HELLOLY will immediately disable any web applications that are not kept up to date and actively exploited without prior notice. Applications with a comment system, contact forms and forum systems must have spam protection or comment moderation. One solution is to use CAPTCHA systems.
The operation of interactive chat applications is not allowed. This includes applications such as Livezilla, IRC bots, or other applications that enable “real-time” chats.
The above-mentioned services overload our shared hosting servers and can only be operated on dedicated systems. All violations will be stopped immediately and may result in account suspension and termination.
Please contact our support team directly if you wish to check in advance whether your planned service complies with our guidelines.
Web hosting packages:
1. START / SMART - Maximum 100% CPU resources and 1 GB RAM
IO 100 Mbit/s; IOPS: 1024; up to 20 EP (concurrent connections), up to 100 processes (NPROC)
2. PRO - Maximum 200% CPU resources and 2 GB RAM
IO 100 Mbit/s; IOPS: 1024; up to 40 EP (concurrent connections), up to 200 processes (NPROC)
3. PLUS - Maximum 400% CPU resources and 4 GB RAM
IO 100 Mbit/s; IOPS: 1024; up to 80 EP (concurrent connections), up to 400 processes (NPROC)
Limits may change accordingly – the current version can be found at:
www.helloly.com/index.php?rp=/knowledgebase/1083/What-are-the-CPU-process-and-RAM-limits-at-helloly.html
As a web hosting customer, you have access to an overview of your current and historical resource usage in the control panel.
Each customer is responsible for maintaining the software operated on the web hosting, including scripts, and ensuring that resources are released as quickly as possible for other customers on the server in order to guarantee optimal performance of the shared web hosting environment.
Should an account exceed the resource limits, HELLOLY will work with the customer to find a suitable solution. Should a customer exceed the set limits 100 times (100 faults) within 24 hours, HELLOLY‘s technical support will contact the customer. The aim is for the customer to optimize their website or to upgrade to a higher package together with HELLOLY. HELLOLY reserves the right to block access to the account in the event of continued violations.
All users are subject to a limit of 30 simultaneous MySQL connections. The number of SQL queries should not exceed 3,000 per hour.
Database changes (update, insert, delete) should not exceed 1,000 queries per hour. The included database instances cannot be used externally as hosted databases – the use of the respective databases is only permitted for the hosted websites. Any remote access to databases is only permitted for administrative purposes.
The total number of used inodes per account must not exceed the limits listed below. Each file (.html, an image, an e-mail, a PHP file) takes up 1 inode.
Web hosting packages:
1. START / SMART - maximum 250,000 inodes
2. PRO - maximum 350,000 inodes
3. PLUS - maximum 500,000 inodes
Individual log files must not exceed a maximum size of 1 GB. The total size of similar log files should not exceed 5 GB.
Our servers may not be used as an SSH bounce/jump host to other servers/networks. The Unix command “find” may not be used on directories that contain more than 5 subdirectories.
Failure to comply with the above limits and guidelines may result in account suspension or termination. HELLOLY reserves the right to delete such accounts after a period of 7 days.
The examples given above are a guide only and are not exhaustive. If you have any questions about whether your content violates a guideline, please contact our support team in advance.
The parties to the contract agree that Austrian law shall apply. If the consumer has their domicile or habitual residence in the country or is employed in the country, the court with jurisdiction over the domicile, habitual residence or place of employment may be the only court with jurisdiction to hear any action against the consumer; this does not apply to legal disputes that have already arisen. The UN Sales Convention and all provisions referring to the UN Sales Convention are expressly excluded. For contracts with companies, our registered office is agreed as the place of jurisdiction.
Amendments and supplements to these GTC and to the contract (order, purchase order or other integral parts of the contract) must be made in writing; there are no verbal ancillary agreements. This provision does not apply to consumers.
All notifications and declarations of the customer concerning this contractual relationship must be made in writing. This does not apply to consumers.
We are obliged to participate in the conciliation procedure of the Internet Ombuds Office in the event of a dispute: www.ombudsstelle.at. Further information on the types of procedure can be found at www.ombudsstelle.at. The OS platform can also be used to settle disputes with our company: ec.europa.eu/consumers/odr
Our e-mail address: office@helloly.com
The customer must immediately notify HELLOLY in writing of any changes to his name or address. If no notification of change is made, written correspondence shall be deemed to have been received by the customer if it has been received at the address last provided by the customer. If a new invoice is issued retrospectively in the event of a change, the due date shall be the same as that stated in the original invoice.
Electronic declarations shall be deemed to have been received if they were sent to the e-mail address last provided by the customer. In the case of consumers, they shall only be deemed to have been received when they can be accessed by the consumer under normal circumstances.
Should any individual provisions be invalid, the validity of the remaining provisions shall remain unaffected. The invalid provision shall be replaced by a valid one that most closely reflects the economic purpose of the invalid provision. This provision applies only to companies.
HELLOLY‘s contact details can be found on the HELLOLY website at www.helloly.com.
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