Contract / Synology-NAS / Guru-Cloud & Guru-Server-April 2022

1.   General

The special terms and conditions apply without restriction and unconditional to all services & products with the designated term Synology / Guru-Cloud or Synology / Guru server (hereinafter referred to as "IT guru"), for storing data in the Network on Rent Servers of the Synology brand (hereinafter referred to as "Synology") and for every natural and legal person (hereinafter referred to as "customer").

You have priority over the general terms of use (hereinafter referred to as "ABS") if there was a contradiction between these two documents.

2.   Description of the service

As part of its service, the IT guru provides the customer in its data centers. These have a private, secured network, a

Emergency generator (N+1) including inverter (N+1) as well as two inputs for fiber cables (unpainted), which are separated spatially, ensure redundancy for internal connectivity and run with redundant cooling systems (N+1).

The data traffic volume is unlimited for incoming and outgoing data.

The guaranteed bandwidth in the IT guru network corresponds to a data transfer speed of 1 GBit/s (for shared, the bandwidth per server is divided to customer cluster to acceptable extent).

In some Synology servers, the customer is the sole administrator of his resources (meets the Guru-Cloud XL, XXL and XXXL offer-optionally for customer requirements).
Guru-Cloud S, M and L are looked after by the IT guru and represent "shared offers". In principle, switching to your own server or higher packages (with more storage volume) is possible.

3.   Invoicing

The applicable synology tariffs are on the page www.edv-guru.com given.

If the specified price for the extension is not fully paid, the EDP guru cannot grant the extension requested by the customer (e.g. monthly or in other subscription variants). The IT guru switches the Synology Server or Synology account at the latest 14 days after the open item (payments) and deletes all data.

After the service has been deleted, the data can no longer be restored.
Alternative deposit options or payment confirmations are of course accepted.

The IT guru reserves the right to request the customer to deposit a deposit to cover its consumption costs if the IT guru considers this to be necessary with regard to the use of the service.

4.   Duties and responsibilities of IT guru

The IT guru undertakes:

• No software access to the customer's Synology Server, except for this: Guru-Cloud S, M and L, the "shared offers".
  GURU-Cloud XL, XXL and XXXL offer-optionally with customer requirements, an account is created for purely EDV administrative activities.
• To keep the infrastructure functional (in the event of failures, e.g. because of a material defect from a hard drive, e.g. due to a material defect in a hard drive, the IT guru undertakes to react within 24 hours and to replace the incorrect hardware with the consent of the customer as quickly as possible, unless the failure is not was caused by the IT guru, or in the event of all other measures that require a longer interruption of the service than is usually necessary for exchange)
• To carry out a visual inspection once a week (control of the fluorescent display of the hard drives that show a hardware problem); In the event of a malfunction, the EDP guru contacts the customer by email in order to obtain their consent to exchange the hard drive within 24 hours. If the customer does not answer, the EDV guru tries to contact in another way (telephone, SMS). Under no circumstances can the IT guru be liable for the customer's data.
• In the event of incidents that were not caused by the customer by misused use of the service

The IT guru cannot be liable in the case of:

• Misconduct, negligence, injunction or failure of the customer, non -attention granted advice
• Misconduct, negligence or omission of third parties who have no authority to check compared to the IT guru
• Force violence, events or incidents on which the IT guru has no influence
• Service of the service from the reasons provided in Article 5 of the special terms and conditions of Synology
• Malfunctions due to misuse, e.g. operating errors, the service by the customer
• Partial or complete destruction of the transferred or stored data throughout the customer or indirect fault of the customer
• Partial or complete non -compliance with an obligation and/or failure of operators of

Internet data networks, especially internet providers

The IT guru reserves the right to suspend its services for the customer:

• To carry out a technical intervention to improve the function
• If the customer's service is a danger to maintain the security of the infrastructure from the IT guru (hacker attack on the Synology, discovery of a security gap in the system, abnormal use of resources, etc.)

In this case, the IT guru has to inform the customer's type and duration of the intervention in a reasonable period of time and as far as possible so that the customer can set up on it. If necessary, the connection will only be restored when the customer has carried out the corresponding corrective measures.

The IT guru assumes no liability in connection with the use of the service by the customer

5.   Duties and responsibilities of the customer

The customer undertakes:

• to use the service and in particular the network resources associated with it with reasonable expertise
• The necessary powers of powers, powers and skills to have the obligations prescribed in the special terms and conditions of Synology The customer is informed that:
• The intervention of the IT guru when signing a contract for the Synology on the

Provision of the hardware and network resources required for Synology is limited

(In this context, the IT guru only rents a special infrastructure and has no control over the content stored within the scope of this service)

• he never has physical access to the Synology Server

6.   Data protection guidelines

According to this contract, the IT guru undertakes to delete the customer data stored on this service regardless of the reasons.

7.   Jurisdiction and applicable law

The customer undertakes to comply with the applicable Austrian and international laws throughout the term of the contract.

Jurisdiction Austria / Vienna