General Terms & Conditions
This translation is for informational purposes only. In case of deviations, the English version is valid.
General matters, customer, language
- The general terms and conditions (GTCs) set forth herein apply to the agreements made between you ("customer") and us, Synology Inc., 9F, No. 1, Yuan Dong Rd., Banqiao, New Taipei 220545, Taiwan, Tel. +886 2 2955 1814, Fax. +886 2 29551884 ("Provider") in terms of the Synology C2 Services. Agreements regarding the provision of the soft- and hardware required by the client (in particular local storage devices, operating system software or in-app) are not the object of the contract.
- The cloud service C2 Backup, which is offered via in-app, is addressed to users and companies equally, however only to end users. For the purposes of the general terms and conditions set forth herein, (i) a user is an individual, who enters into the agreement for a purpose, which can neither be attributed to a commercial or self-employed professional activity and (ii) nor a "business person" an individual or legal entity acting in a commercial or self-employed capacity when entering into the agreement.
- The GTCs of the customer do not apply, even if the provider doesn't object to their validity separately on a case by case basis.
Conclusion of contract
- The presentation of Synology C2 Services on the website does not constitute a legally binding offer, but an invitation to order.
- By clicking on the button "apply with costs" in the last step of the ordering process, the customer makes a legally binding offer for booking the Synology C2 Service package displayed in the order overview. Immediately after sending the offer, the customer receives a confirmation, which also represents the acceptance of the contract offer.
- The customer can choose his Synology C2 Service after login to the service. In next step customer is asked to provide his invoice and payment information. Before user can finish his purchase, he will see an order overview about the selected Synology C2 Service including the costs incurred are summarized again. Up to this point, the customer can correct his input or refrain from the declaration of the contract. Only by pressing "apply with costs" button a binding offer as defined in (2) will be issued.
- The terms of the contract with details of the booked Synology C2 Service package including these general terms and conditions and the instructions for revocation are send to the customer by email with acceptance of the offer.
- The provider will supply the client with system resources including storage space on a server. The client may store data from their local server up to the storage limit arranged on this server. The provider ensures, that client’s data to be stored can be saved to the server at the prearranged intervals and/or retransmitted to the client that this should be initiated by the client. The setup and administration of the data backup needs to be done by the customer. Further information can be found “in the addendum technical specifications and pricing”.
- The services of the provider in terms of data transfer are limited solely to the communication of data between the provider-operated transfer point on the provider’s data communication network to the internet and the server on which the provider has made storage space available. The provider has no influence on data traffic outside of its own communication network. An obligation on the part of the provider to forward information successfully from or to the computer retrieving the data is thus excluded. The provider cannot be held liable for any fall out of the internet connection.
- The provider will render the services mentioned above with an availability of 98,5 %. The availability is based on the time that passes in the contractual period in each respective calendar month with the exception of the wait times as subsequently defined herein. The provider retains the right to perform maintenance work two days a week for a total of ten (10) hours per calendar month. The services mentioned above will not be available during said maintenance times.
- The provider retains the right to make adjustments to update the hard- and software required to provide its services. Should additional requirements for the data stored by the client on the server arise as a result of such updates in order for the provider to render its services, the provider will inform the client of these requirements. The client will promptly decide upon receipt of this information whether the additional requirements are to be fulfilled and if so by what time this is to occur. If the client does not declare within four weeks prior to the changeover date at the latest an intent to make the necessary adjustments in a timely manner before the changeover date, meaning three work days before the changeover date at the latest, the provider retains the right to terminate the contractual relationship effective as of the changeover date.
- The provider retains the right to outsource the provision of its services to its subcontractors.
- The client is obliged to refrain from storing any illegal data, and/or that is not compliant with statutory requirements or that infringe on the rights of any third party on the server. The client will furthermore take care that any programs, scripts or similar the client may install will not disturb the operation of the server or communications network of the provider or put at risk the security or integrity of other data stored on the provider’s servers. The client indemnifies the provider from any claims asserted by third parties above mentioned obligations including claims regarding any costs that may be incurred, upon first request.
- In the event of any impending breaches or violations of the preceding obligations or any such violations or breaches that have already occurred, as well as in the event of an assertion of third party claims against the provider that are not obviously unfounded to refrain from the complete or partial presentation of the data stored on the serer via the internet, the provider retains the right to stop, taking into consideration the rightful interests of the client in connection hereto, the accessibility of the data via the internet entirely or partially with immediate effect. The provider will inform the client about this immediately.
- Should programs, scripts or similar items installed by the client endanger or impair the operation of the server or the communications network of the providers or the security and integrity of the data stored on the servers by the provider, the provider reserves the right to deactivate or uninstall such programs, scripts or similar. Should the elimination of such risks or endangerment be required, the provider retains the right to suspend the connection to the server where the data is stored to the internet. The provider will inform the client about this immediately.
- For access to the storage space reserved for the client, the client will receive a unique user name and a password that can be changed. The client is obliged to change the password at regular intervals, at least once after the registration. The client may only pass the password on to those who have been authorized to access the storage space.
- The data to be stored in the storage space designated for the clients use may be copyrighted and protected according to the provisions of data protection law. The client entitles the provider to copy the data stored by the client on the server for purposes of data storage as well as to transmit them in the course of executing its services. It is the client’s responsibility to determine whether the uses of any personal information used by the client are compliant with data privacy requirements.
- The client’s system requirements are set forth in the addendum „Addendum Technical Specifications and Pricing“ to these GTCs.
- The client is obliged to pay the provider for the services rendered in the amount arranged. Insofar as no other agreement is made, the payment for the services rendered by the provider is to be made according to the price list valid at the time the contract is concluded.
- The fee schedule provided by the provider excludes VAT. The scheduled fees are due in advance. The payment will be process via deduction from credit card or via SEPA–direct debit scheme (the provider is using the transfer matrix method “SSL” to encrypt client’s personal data).
- If the client is a businessperson, he is obliged to raise any objections to the receipt of services provided by the client in writing or text within eight weeks of receiving of the receipt to the contact listed on the receipt. After the aforementioned term has expired, the receipt will be considered as approved by the client. The provider will draw the attention of the client to the significance of the actions on the part of the client with regard to this when sending the receipt.
- The provider retains the right to change or amend reasonably the fee schedule for its services The provider will inform the client in writing or text of any changes to the price list at least six weeks in advance of the intended effective date. Should the client object to the changes to the fee schedule, the client retains the right to terminate the contractual relationship as of the effective date of the changes made to the fee schedule. The contracted must be terminated in writing or text. Should the client refrain from terminating the contractual relationship, the changes will be deemed approved by the client. The provider will draw the attention of the client to the significance of the actions on the part of the client in connection with this when the changed fee schedule is provided.
- The provision of services by the provider is bound to the timely settlement of payment obligations on the part of the client. The provider retains the right to terminate the contractual relationship from good reason without adhering to the notice period if the client
- fails to remunerate a not inconsiderable portion of the remuneration owed over the course for two consecutive pay deadlines,
- fails to remunerate the provider in a period of time that is greater than two payment deadlines a sum that exceeds the amount of two monthly payments.
- The contract is valid for the period agreed to at the conclusion of the contract. It will implicitly be extended for further contractual period which will be of the same duration as the period initially agreed to. The contract may be terminated by either contractual party in writing at the end of the initial or any subsequent contractual periods. For contractual periods lasting one year, the notice period will be three months; for contractual periods of one month, the notice period will be one week. The data store will be scheduled to be deleted within 30 days after termination was triggered. The time required for data deletion depends on its quantity.
- The extraordinary right of termination of the contract for important reason remains unaffected.
Liability for defects
- The general rental law warranty provisions apply.
- Any system resource defects including storage space will be remedied free of charge. The provider is to be informed of any such defects or errors in writing or text immediately upon detection.
- All warranty claims of the client expire one year from the beginning of the statutory warranty period.
- The provider is liable in instances of malicious intent and gross negligence, in case of injury to life, limb or health and in product liability cases without limitation. In instances of slight negligence, the provider will be liable only in instances of a relevant breach of contractual obligations which must be fulfilled to make the fulfilment or the orderly execution of the contract possible in the first place and upon which the client can count upon being satisfied as well as for damages arising from injury to life, limb or health. The provider will in such cases only be liable for foreseeable damages to typically be reckoned with should they be incurred. Liability for lost and other pure financial losses is excluded. The provider will not be held liable for the loss of data and/or programs insofar as the damages were caused by neglect on the part of the client to backup any data and thus ensure that any data lost can be recovered at a reasonable cost.
Changes to contractual terms
- Insofar as it is not otherwise specifically set forth in writing, the provider retains the right to change or amend these contractual terms and conditions as follows. The provider will inform the client of any changes or amendments hereto four weeks in advance of their becoming applicable in writing or text. If the client does not agree to the amendments or changes to the terms and conditions, the client may object to the changes up to one week prior to the intended effective date for such changes and amendments. The objections must be set forth in writing or text. Should the client fail to object to the changes or amendments to the terms and conditions of the contract within the notice period, these will be deemed approved by the client. The provider will draw special attention to the significance of the actions on the part of the client upon notifying the client of the changes and amendments to the terms and conditions.
Data and data protection
- The client retains the right to receive client data saved with the provider according to the contract in a structured, common and readable format at any time. Insofar as this is technically possible and legally permissible, the client also retains the right to demand the provider transfer data to a third party. If the provider renders such services, the client is obliged to remunerate the provider in the amounts set forth in the current fee schedule (see addendum "Technical specifications and prices").
- If the client processes any personal data in the context of this contractual relationship, the client will be solely responsible for ensuring that such personal data is stored in accordance with the applicable data protection laws. The provider will process the data transferred to the provider by the client as directed by the client. Insofar as the provider is of the view that such directions are not in compliance with data protection laws, the provider will inform the client accordingly. The details of contract data processing are to be set forth in a separate agreement on contract data processing. Download Synology C2 Data Processing Agreement
- The provider offers the client encrypted data transmission. The realization of the encryption is set forth in the addendum "technical specifications and pricing" to these GTCs. The provider has technically no possibility to access client's data on the for the purpose to fulfil contractual agreement storage. The provider can neither read nor make use of the data in any other way, due to encryption. Without client's permission he will neither delete (apart from deleting data due to end of contract), nor copy data.
- The provider will have obliged its employees to maintain data secrecy according to Art. 29 DSGVO (former § 5 BDSG).
Applicable law and jurisdiction
- The contract between the provider and client falls within the jurisdiction of Taiwan.
- The Taiwan Taipei District Court shall have exclusive jurisdiction for all disputes arising from or in connection with the contractual relationship in question.
- The assignment of claims is only permissible with prior written consent of the other contractual party. Such consent may not be unduly withheld. The applicability of § 354a HGB remains unaffected by this provision.
- A right of retention may only be asserted due to counterclaims resulting from the respective contractual relationships.
- The contractual parties may only settle claims that are deemed valid or undisputed.
- Any changes or addendums to as well as terminations of contractual agreements must be made in writing, including the requirement to make such changes, addendums or terminations in writing.
- Should individual provisions of the agreements between the two parties be or become invalid, the applicability of the remaining provisions will remain unchanged. The parties are obliged to replace any invalid provisions with effective provisions, that come as close as possible to the original practical intent of the invalid provisions. The same applies to any omissions in the agreement.