General terms and conditions of business
Prime Datacenter
As of: May 14, 2026
1. Scope
1.1 These General Terms and Conditions apply to all contracts, services, offers and other business relationships between Prime Datacenter, PRIME Datacenter ERK GmbH, Robert-Perthel-Straße 71-73, 50739 Cologne, Germany, limited liability company, hereinafter referred to as “Provider”, and its customers.
1.2 Prime Datacenter provides services in particular in the areas of Colocation, Serverhousing, dedicated servers, managed servers, Cloud Hosting, VPS Hosting, web hosting, reseller hosting, network services, technical support, maintenance, monitoring, Backup services as well as additional IT and data center services.
1.3 Differing, conflicting or supplementary terms and conditions of the customer only apply if Prime Datacenter has expressly agreed to their validity in text form. This also applies if Prime Datacenter provides services without reservation despite being aware of the customer's different conditions.
1.4 Individual agreements, service descriptions, offers, service level agreements, order processing contracts and special product conditions take precedence over these general terms and conditions to the extent that they expressly contain different provisions.
2. Conclusion of contract
2.1 Offers from Prime Datacenter are subject to change and non-binding unless they are expressly designated as binding.
2.2 A contract is concluded when the customer accepts an offer from Prime Datacenter, places an order and Prime Datacenter confirms this order or begins to provide the service.
2.3 Prime Datacenter is entitled to reject orders without giving reasons, especially if there are doubts about the identity, creditworthiness, technical suitability or legitimate use by the customer.
2.4 The customer assures that all data provided by him is complete and correct. Changes, in particular to the billing address, contact person, contact details, payment details or technical person responsible, must be communicated to Prime Datacenter immediately.
2.5 If a person acts on behalf of a company, they represent that they are authorized to do so. If there is no corresponding power of representation, the person acting is personally liable for the resulting obligations.
3. Scope of services
3.1 The specific scope of services results from the respective offer, the service description, the booked tariff, the contract, a service level agreement or another written agreement.
3.2 Prime Datacenter provides the customer with infrastructure, data center space, server capacities, network access, storage space, IP addresses, power supply, technical support or other IT services, depending on the agreed service.
3.3 Prime Datacenter only owes the expressly agreed service. In particular, individual programming services, data migrations, software maintenance, security checks, system administration, restoration of customer data, emergency operations or consulting services are not agreed unless these have been ordered separately.
3.4 Technical changes remain permissible as long as they are reasonable for the customer and do not significantly affect the agreed main service. This applies in particular to changes to hardware, network architecture, security concepts, IP assignments, data center locations within the agreed region or system software used.
3.5 Prime Datacenter is entitled to provide services through its own employees, affiliated companies or suitable third parties, provided that this does not impair the customer's legitimate interests.
3.6 To the extent that Prime Datacenter provides free additional services, these can be changed, restricted or discontinued at any time, unless they are expressly part of the main service subject to payment.
4. Availability and Maintenance
4.1 Prime Datacenter strives to ensure high availability of its infrastructure. A specific availability guarantee only exists if this has been expressly agreed in a service level agreement or a service description.
4.2 Times of planned maintenance, necessary security measures, updates, technical changes or urgent interventions to avert danger are not considered downtimes, provided they are carried out appropriately.
4.3 Prime Datacenter will, if possible, carry out planned maintenance work in such a way that disruption to the customer remains minimal. In the case of urgent security or stability measures, prior notice may not be required.
4.4 Disruptions that are outside the area of responsibility of Prime Datacenter, in particular disruptions to the Internet, attacks by third parties, force majeure, failures of external service providers, errors in customer systems or incorrect configurations of the customer, are not considered failures caused by Prime Datacenter.
5. Colocation and customer equipment
5.1 For Colocation or Serverhousing services, Prime Datacenter provides the customer with floor space, power supply, network connection and the agreed data center environment.
5.2 The customer remains the owner of the equipment he brings in. He is responsible for its procurement, insurance, suitability, maintenance, licensing and lawful operation, unless expressly agreed otherwise.
5.3 The customer may only bring in equipment that meets the technical, fire protection and operational requirements of Prime Datacenter. Prime Datacenter can refuse to commission unsuitable or unsafe devices.
5.4 Access to data center areas occurs exclusively in accordance with the security and access rules of Prime Datacenter. The customer must ensure that only authorized persons request or receive access.
5.5 Prime Datacenter is entitled to temporarily disconnect customer equipment from the network or power supply if this poses a risk to people, infrastructure, other customers, network security or proper operation.
5.6 After the end of the contract, the customer must collect his equipment immediately. If collection is not made within a reasonable period of time, Prime Datacenter may charge a storage fee. Further legal rights remain unaffected.
6. Dedicated servers, VPS, cloud and hosting
6.1 For dedicated servers, VPS, cloud or hosting products, the customer receives the contractually agreed usage rights to the technical environment provided.
6.2 If the customer receives administration rights, he is solely responsible for configuration, operation, security, updates, user management, passwords, content, applications and data.
6.3 For managed services, Prime Datacenter only provides those administration, maintenance, monitoring or support services that have been expressly agreed. Activities not agreed upon can be invoiced separately.
6.4 The customer is not entitled to any specific physical hardware, a specific IP address, a specific network route or a specific technical platform unless this has been expressly agreed.
6.5 Prime Datacenter may change IP addresses, technical parameters or system environments if there is an objective reason for this, in particular for security, stability, availability or regulatory reasons.
7. Customer Obligations
7.1 The customer is obliged to use the services appropriately, lawfully and in compliance with these General Terms and Conditions, the service description and all applicable legal regulations.
7.2 The customer must treat access data, passwords, keys, certificates and other means of authentication confidentially and protect them from access by unauthorized third parties.
7.3 The customer is obliged to configure and operate its systems in such a way that there is no risk to the infrastructure of Prime Datacenter, other customers, third parties or public networks.
7.4 The customer must in particular refrain from:
- sending spam, phishing messages or unauthorized advertising,
- the operation of open mail relays, insecure proxies or services susceptible to abuse,
- Attacks on networks, systems or data of third parties,
- Port scans, DDoS attacks, brute force attacks or similar actions,
- the spread of malware,
- the storage or distribution of illegal content,
- Violations of copyright, trademark, personality, data protection or other rights of third parties,
- use the Services for fraudulent, criminal or security-threatening purposes.
7.5 The customer is obliged to immediately report any identifiable security gaps, cases of misuse, unauthorized access or disruptions to Prime Datacenter.
7.6 The customer is liable for all actions carried out via his accesses, systems, servers, accounts or commissioned services, to the extent that he is responsible for them.
8. Content and responsibility
8.1 Prime Datacenter has no obligation to proactively monitor Customer Data or Customer Content.
8.2 The customer is solely responsible for content, data, websites, applications, emails, databases, software and other information that the customer stores, processes, publishes or transmits via the services of Prime Datacenter.
8.3 The customer releases Prime Datacenter from all third-party claims that arise from unlawful use of the services, a violation of these General Terms and Conditions or a violation of third-party rights by the customer. The exemption also includes reasonable legal defense costs.
8.4 If Prime Datacenter becomes aware of illegal content, security incidents or improper use, Prime Datacenter is entitled to take appropriate measures. This includes, in particular, notices to the customer, blocking of individual services, restriction of network traffic, temporary shutdown, removal of content, termination of the contract or notification to the responsible authorities, insofar as this is legally required or permitted.
9. Backups and data backup
9.1 The customer is responsible for regularly backing up his data unless a separate Backup service has been agreed.
9.2 Backups should be kept technically and spatially separate from the productive systems.
9.3 Even if Prime Datacenter offers Backup services, the customer remains obliged to regularly check the completeness, restoreability and suitability of the backups, unless a different responsibility has been expressly agreed.
9.4 Before making changes to systems, software, configurations, databases or content, the customer must create a complete backup.
9.5 In the event of data loss, the customer is obliged to participate in the restoration and to provide necessary data, access information or backups.
10. Support
10.1 Prime Datacenter provides support services to the extent agreed in the respective contract, tariff or offer.
10.2 Support generally only includes the infrastructure provided by Prime Datacenter and the expressly agreed services. In particular, customer-owned software, third-party applications, individual programming, customer configuration errors, SEO, marketing, design or development services are not included.
10.3 Extended support, emergency operations, individual administration, analysis of third-party systems or services outside the agreed scope can be charged separately based on effort.
10.4 The customer must submit support requests in such a way that Prime Datacenter can understand the facts. This includes, in particular, the error description, time, affected systems, relevant log files, access information and changes that have already been made.
11. Prices, Billing and Payment
11.1 The prices agreed in the offer, contract, tariff or in the currently valid price list apply plus statutory sales tax, if applicable.
11.2 Depending on the agreement, billing is carried out monthly, quarterly, annually or based on expenditure.
11.3 Recurring fees are due in advance unless otherwise agreed. Consumption-based services can be billed subsequently.
11.4 Invoices are generally provided electronically or sent by email.
11.5 The customer is obliged to ensure timely payment. Return debit fees, payment service provider fees or other costs that arise from failed payments and are the responsibility of the customer may be charged to the customer.
11.6 If the customer defaults on payment, Prime Datacenter is entitled to claim interest on arrears and reminder costs in accordance with statutory provisions.
11.7 If there is a significant delay in payment, Prime Datacenter is entitled to temporarily block services after prior notice. The customer's obligation to pay remains during the blocking.
11.8 Offsetting by the customer is only permitted for undisputed or legally established claims.
12. Contract term and termination
12.1 The contract term results from the respective offer, tariff or contract.
12.2 Unless a fixed term has been agreed, the contract can be terminated by either party with 30 days' notice to the end of the month.
12.3 If a minimum term has been agreed, the contract will be extended by the agreed extension period after the minimum term has expired, unless it is terminated on time.
12.4 The right to extraordinary termination for good cause remains unaffected.
12.5 An important reason for Prime Datacenter exists in particular if the customer:
- falls significantly behind with payments,
- uses the services unlawfully or improperly,
- jeopardizes the security or stability of the infrastructure,
- violates essential contractual obligations,
- provides false or incomplete information,
- required cooperation obligations are not fulfilled despite requests,
- repeatedly violates usage guidelines or technical specifications.
12.6 Terminations must be in text form unless a stricter form has been contractually agreed.
13. Suspension of services
13.1 Prime Datacenter is entitled to block services in whole or in part if this is necessary for objective reasons.
13.2 An objective reason exists in particular if:
- late payment,
- security incidents,
- suspected abuse,
- illegal content,
- attacks on third parties,
- Danger to infrastructure,
- official or court orders,
- Violations of these Terms and Conditions.
13.3 Prime Datacenter will take the customer's interests into account appropriately and, as far as possible and reasonable, will provide information before blocking. If there is imminent danger, blocking can occur without prior notice.
13.4 Blocking does not release the customer from his obligation to pay if the reason for blocking comes from his area of responsibility.
14. Data protection and order processing
14.1 Prime Datacenter processes personal data in accordance with the applicable data protection laws, in particular the General Data Protection Regulation and the Federal Data Protection Act.
14.2 If Prime Datacenter processes personal data on behalf of the customer, the parties conclude a separate contract for order processing.
14.3 The customer remains responsible for the lawfulness of data processing, the selection of the services used, the information obligations towards those affected and compliance with data protection regulations, insofar as he is the responsible party within the meaning of data protection laws.
14.4 The customer is obliged to provide Prime Datacenter with all information required for data protection-compliant provision of services.
14.5 Prime Datacenter takes appropriate technical and organizational measures to protect the data processed. However, absolute security cannot be guaranteed with internet-based services.
15. Third Party Rights, Licenses and Software
15.1 The customer is responsible for ensuring that he has all necessary rights, licenses and authorizations to use the software, content, databases, scripts, applications and other materials he uses.
15.2 If Prime Datacenter provides software, licenses or third-party services, the respective license and terms of use of the manufacturer or provider also apply.
15.3 The customer may only use provided software or systems to the extent permitted by contract. Distribution, sublicensing, reproduction or modification is only permitted if expressly permitted.
16. Use by Third Parties and Resellers
16.1 The customer may only pass on or resell the services to third parties if this is contractually permitted or results from the booked product.
16.2 Even if used by third parties, the customer remains the sole contractual partner of Prime Datacenter.
16.3 The customer must ensure that third parties comply with all contractual, legal and technical requirements.
16.4 Violations by third parties will be attributed to the customer if the customer has enabled this use or has violated his duties to check, select, provide information or control.
17. Domains
17.1 To the extent that Prime Datacenter offers domain services, Prime Datacenter arranges the registration of domains with the relevant registrar or registrar.
17.2 Prime Datacenter is not responsible for the successful registration of a specific domain if it is rejected by the registry, has already been taken or cannot be registered for other reasons.
17.3 The conditions of the respective registry and registrar also apply to domains.
17.4 The customer is responsible for the legal permissibility of domain registration and use.
18. Email Services
18.1 To the extent that Prime Datacenter provides email services, the customer is obliged to use them lawfully and securely.
18.2 Sending unsolicited mass emails, spam, phishing, malware or misleading messages is prohibited.
18.3 Prime Datacenter can restrict or block individual mailboxes, shipping functions, IP addresses or services in the event of misuse or suspected misuse.
18.4 The customer is responsible for setting up suitable security measures, in particular secure passwords, SPF, DKIM, DMARC, virus protection and access controls, unless these have been expressly adopted by Prime Datacenter.
19. Liability
19.1 Prime Datacenter has unlimited liability in the event of intent and gross negligence.
19.2 In the event of injury to life, body or health, Prime Datacenter is liable in accordance with legal regulations.
19.3 In the event of a slightly negligent breach of essential contractual obligations, Prime Datacenter is only liable for foreseeable damage that is typical for the contract. Essential contractual obligations are those obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer can regularly rely.
19.4 Furthermore, liability for slightly negligent breaches of duty is excluded.
19.5 Prime Datacenter is not liable for damages caused by incorrect operation, insecure passwords, lack of updates, inadequate Backups, faulty customer software, illegal content, attacks by third parties or other circumstances from the customer's area of responsibility.
19.6 Liability for lost profits, indirect damages, consequential damages, lack of savings or damage to reputation is excluded to the extent permitted by law.
19.7 Liability under the Product Liability Act as well as mandatory statutory liability circumstances remain unaffected.
20. Warranty
20.1 The statutory provisions apply to defects unless otherwise stipulated in these General Terms and Conditions.
20.2 The customer must report any disruptions or defects immediately and comprehensibly.
20.3 Prime Datacenter is entitled to remedy defects through repairs, replacement services, technical changes or other suitable measures.
20.4 A defect does not exist if the impairment was caused by the customer, third parties, external networks, force majeure, improper use, faulty software, lack of cooperation or non-agreed system requirements.
21. Force Majeure
21.1 Prime Datacenter is not liable for any failure of service or delays resulting from force majeure events.
21.2 Natural events, fire, floods, power outages outside the area of responsibility of Prime Datacenter, war, terror, sabotage, strikes, pandemics, official measures, failures of telecommunications networks, failures of external service providers and large-scale cyber attacks are considered to be force majeure.
21.3 The contractual obligations are suspended for the duration of the hindrance if the provision of the service is impossible or unreasonable as a result.
22. Export Controls and Sanctions
22.1 The customer is obliged to comply with all applicable export control, sanctions and foreign trade regulations.
22.2 The customer may not use the services for purposes that violate sanctions, embargoes or other commercial law restrictions.
22.3 Prime Datacenter is entitled to refuse, suspend or terminate services if there are actual indications of a violation of export control or sanction regulations.
23. Changes to the terms and conditions and services
23.1 Prime Datacenter can change these terms and conditions if there is an objective reason and the change is reasonable for the customer.
23.2 Factual reasons include, in particular, changes in the legal situation, technical developments, security requirements, changes to the range of services or adjustments to operational processes.
23.3 Changes will be communicated to the customer in text form. If the customer does not object within a reasonable period of time, the changes are deemed to have been accepted, provided that Prime Datacenter has informed the customer of this consequence in the change notification.
23.4 If the customer objects in a timely manner, both parties can terminate the affected contract properly if a continuation under the previous conditions is not reasonable.
24. Transfer of Contract
24.1 The customer may only transfer rights and obligations from the contract to third parties with the prior consent of Prime Datacenter.
24.2 Prime Datacenter may transfer rights and obligations from the contract to affiliated companies or legal successors, provided that the legitimate interests of the customer are not impaired.
25. Right of withdrawal for consumers
25.1 If the customer is a consumer, he is entitled to a right of withdrawal in accordance with the statutory provisions.
25.2 The right of withdrawal may expire prematurely if Prime Datacenter has begun to perform the service after the consumer has expressly agreed that Prime Datacenter will begin providing the service before the end of the withdrawal period and the consumer has confirmed his knowledge that by agreeing with full fulfillment of the contract he will lose his right of withdrawal.
25.3 Details can be found in the separate cancellation policy.
26. Final provisions
26.1 The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
26.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is the registered office of Prime Datacenter.
26.3 Place of performance is the registered office of Prime Datacenter, unless otherwise agreed.
26.4 If individual provisions of these General Terms and Conditions are or become ineffective or unenforceable, the effectiveness of the remaining provisions remains unaffected.
26.5 Instead of the invalid or unenforceable provision, the effective provision that comes closest to the economic purpose of the original provision is deemed to have been agreed, to the extent that this is legally permissible.