Terms of Service

Mino UG
Untere Hauptstr. 39
01774 Klingenberg
Germany

Version 1.1 | Updated July 29, 2025

Effective Date: July 29, 2025
GDPR & PIPEDA Compliant
Governed by German & Canadian Law

Preamble

Clients and users of the internet facilities provided by Mino UG (brand: vps.direct) are expected to have taken notice of the Privacy Policy accessible at our website.

If as a customer you conclude a contract with Mino UG (brand: vps.direct), you agree to accept our General Terms and Conditions (GTC).

1. Service Definition & Contract Activation

Mino UG provides its customers with system resources (virtual private servers) for storing data such as applications, databases, documents and other content together with a connection to the Internet. Mino UG offers service packages on its website (vps.direct). These constitute an offer to conclude a contract. The customer accepts the offer by paying for the respective selected service package. The contract is concluded when Mino UG has received payment from the customer. After conclusion of the contract, Mino UG will send the customer an email with access data for the respective server within 5 minutes of payment confirmation.

2. Service Details

Mino UG provides hosting services for its contractual partners, including virtual private servers (VPS), dedicated servers, and related additional services. The scope of services is specifically stated in the respective order process. These GTC apply in addition to the concluded contract.

a) Service Categories

Mino UG offers the following service categories through its platform vps.direct:

  • Virtual Private Servers (VPS): Virtualized server environments with dedicated resources including CPU cores, RAM, and storage space
  • Dedicated Servers: Physical server hardware exclusively assigned to individual customers with full administrative access
  • Additional Services: Including but not limited to monitoring, backup services, and technical support

b) Overall Scope

Mino UG provides its customers with system resources including the agreed storage capacity, memory allocation, CPU cores, and network connectivity on virtual private servers or dedicated physical servers located in our Canadian and German data centers. Customers may use the system resources to which they are entitled at their own discretion, subject to the acceptable use policy outlined in these terms. Mino UG is responsible for establishing and maintaining the connection between the server infrastructure and the Internet. This allows customers to retrieve and manage their content via the internet. Mino UG provides - within its area of responsibility - bandwidth that corresponds to current state-of-the-art technology with 10Gbit/s shared connectivity for VPS services and dedicated bandwidth options for dedicated server customers. Mino UG takes all possible technical and organisational measures to ensure that third parties do not gain unauthorised access to customer information, including end-to-end encryption and advanced security protocols.

3. Customer Cooperation Requirements

Customers of Mino UG assure to cooperate as required. Customers shall support Mino UG in the necessary and customary manner to ensure that services can be provided in accordance with the contract. Customers will in particular, but not limited to:

a) Access Credentials Management

Keep access data, such as combinations of user name and password, confidential and change the initial password immediately. Immediately means "without culpable hesitation". The password is regularly updated by the customer and adapted in its composition to the required security standards. Customers only share username and password with people who are supposed to have access to the virtual server. If customers suspect that access data is being used by third parties, the customer shall inform Mino UG immediately and change the password as soon as possible. If Mino UG has evidence of improper use and the password is repeatedly entered incorrectly, Mino UG will block access to the system. After clarification of the facts, Mino UG will issue new access data, which will be provided to the customer without delay.

b) Security & Threat Response

Customers shall ensure that the applications they use, such as programs or scripts, do not jeopardise the integrity of the infrastructure and security or the data stored in the virtual server environment. The customer shall inform Mino UG immediately if there is any suspicion of a threat to security. Mino UG is entitled to deactivate or uninstall applications such as programs and scripts or to interrupt the connection to the respective content. However, this is only permissible insofar as the action serves to repair or limit the damage. Mino UG will inform its customers of this without delay as far as possible and try to find amicable solutions.

c) Compliance with Law

Mino UG acts in accordance with the law. Customers are obliged to ensure that their content does not violate applicable law. Under no circumstances may customers violate criminal law provisions, official requirements, copyrights or other rights. Mino UG emphasises that it cooperates with law enforcement agencies and other authorities in order to uncover violations of the law, particularly when legally obliged to do so. If Mino UG becomes aware of serious violations of the law, it will immediately notify law enforcement authorities and initiate appropriate measures. Mino UG reserves the right to suspend the relevant servers immediately in the event of serious violations of the law. The customer will then receive an email explaining the reason for the suspension.

d) Information Duty

If Mino UG has taken measures that affect the rights of its customers, it will inform its customers of this immediately via email. The customer shall immediately provide Mino UG with all information required to clarify the facts. Customers shall indemnify Mino UG against any reasonable costs incurred in this regard.

4. Pricing & Payment Conditions

Mino UG and its customers agree on the scope of services and the remuneration thereof upon conclusion of the contract. Mino UG is entitled to adjust its remuneration to compensate for increased costs. Mino UG shall inform its customers of the planned cost increase with a notice period of 30 days before the changes take effect.

Customers may object to the cost increase in writing within this period. If a client does not object to the adjustment of the remuneration amount, they shall owe the adjusted remuneration after expiry of the deadline. If the Customer objects, Mino UG shall be entitled to terminate the contract after expiry of the deadline.

Unless otherwise agreed, the prices quoted include the applicable value added tax where required by law.

The service will be provided within 5 minutes after payment confirmation by the customer. If the provision of the service takes longer than 24 hours, the customer shall receive a full refund of the invoiced amount upon request. We offer a 7-day money-back guarantee for new customers who are not satisfied with our services.

Mino UG accepts payments by credit card, bank transfer, and other electronic payment methods as specified during the order process.

5. Contract Term & Termination

Contracts between Mino UG and its customers are concluded for monthly billing periods. There is no minimum contract period or fixed term beyond the current billing cycle.

a) Contract renewal and termination

Customers can renew their contract monthly. The contract is automatically renewed if payment is made to Mino UG for the subsequent billing period. Non-payment results in service suspension and eventual termination of the contract. Mino UG will send an invoice for the contract extension to the customer 7 days before the end of the current billing period. If the customer pays the bill, the contract is automatically extended. Failure to pay will result in suspension of the server after a 3-day grace period. Seven days after suspension, the server and all data will be permanently deleted unless payment is received.

b) Termination for extraordinary cause

Both parties may terminate the contract concluded between them without notice for good cause. For Mino UG, grounds for termination without notice shall be deemed to exist, in particular, if:

  • Customers have not settled their invoice after the due date and grace period;
  • Customers have violated laws and this violation constitutes a substantial infringement;
  • Customers have violated the Acceptable Use Policy resulting in service disruption;
  • Customers have engaged in activities that compromise network security or integrity.

Mino UG is entitled to suspend virtual servers when termination takes effect. In case of termination without notice, Mino UG shall retain the data on the server for retrieval by the customer for 30 days after sending the notice of termination, unless legal obligations require otherwise.

6. Consumer Cancellation Rights

Right of withdrawal

You have the right to withdraw from this contract within fourteen (14) days without giving any reason.

The withdrawal period is fourteen (14) days from the day of the conclusion of the contract.

To exercise your right of withdrawal, you must inform us, Mino UG, Untere Hauptstr. 39, 01774 Klingenberg, Germany; Email: [email protected] of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail).

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we must return to you all payments we have received from you immediately and at the latest within fourteen (14) days of the day on which we received notification of your withdrawal from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement.

If you have received any services before the end of the withdrawal period, you must compensate us for a reasonable amount corresponding to the proportion of the services already provided up to the time at which you notify us of your withdrawal from this contract compared to the total scope of the services provided for in the contract.

7. Liability & Guarantee

Mino UG is only liable for faults for which it is responsible.

a) Liability limitations

Mino UG is liable in accordance with the statutory provisions, if it acts intentionally or with gross negligence. In the case of simple negligence only insofar as a material contractual obligation has been breached. In this case, the liability of Mino UG is limited to foreseeable and typical damages. The contracting parties assume that typical damage does not exceed the remuneration to be paid by the customer in the period of 12 months for the respective service.

Mino UG shall be liable for damages under applicable Product Liability laws and for damages resulting from injury to life, body or health. There are no limitations of liability in this regard.

b) Data backup responsibility

Important Notice: Data Backup Responsibility

While Mino UG provides automated backup services as part of our infrastructure resilience, the primary responsibility for regular data backup lies with the customer. Customers are strongly advised to maintain their own backup procedures and may not claim damages from Mino UG in the event of data loss beyond our stated liability limitations.

c) Third-party services

Mino UG shall not be liable for any disruptions in the telecommunication infrastructure, including internet connectivity, that are beyond our control. Liability for external network services is governed by the respective service providers' terms.

8. Privacy & Confidentiality

Mino UG treats all customer information confidentially with the utmost care. If legal requirements oblige Mino UG to disclose and pass on confidential information, Mino UG will follow the instructions of government bodies such as law enforcement agencies only to the extent legally required.

The parties shall comply with the applicable data protection laws. Customer data is processed in accordance with the General Data Protection Regulation (GDPR) and the Personal Information Protection and Electronic Documents Act (PIPEDA) where applicable. The customer is responsible for ensuring compliance with data protection requirements for any personal data they process using our services.

You can access the data protection declaration of Mino UG via the following link: vps.direct/privacy

9. Governing Law & Dispute Resolution

This Contract shall be governed by the laws of the Federal Republic of Germany for European customers and by the laws of Canada for North American customers. The UN Convention on Contracts for the International Sale of Goods is excluded.

The parties agree that disputes shall be resolved through binding arbitration where legally permissible, with the place of arbitration being Dresden, Germany for European customers and Toronto, Canada for North American customers.

10. Forbidden Content & Acceptable Use

We reserve the right to suspend your service whenever we detect abuse and/or whenever we receive reports about it. The following activities are strictly prohibited:

  • Hosting malware, viruses, or malicious software
  • Hosting illegal content or engaging in illegal activities
  • Hosting child exploitation material
  • Hosting copyrighted material without consent
  • Conducting DDoS attacks or network abuse
  • Spam, phishing, or fraudulent activities
  • Cryptocurrency mining without prior authorization
  • Port scanning or network reconnaissance
  • Proxy services or VPN reselling without approval
  • Resource abuse affecting server performance
  • Adult content involving minors
  • Content promoting violence or hatred
  • Activities violating Canadian or German law
  • IRC servers, botnets, or similar services

Violation of these terms may result in immediate service suspension and contract termination without refund.

Contact Information

If you have questions about these Terms, please contact us:

Legal Department

[email protected]

General Support

[email protected]

These Terms of Service are effective as of January 15, 2025.
By using our services, you acknowledge that you have read and agree to these terms.