General Terms and Conditions

Version 1 · effective from 18/10/2026 · This is a translation for convenience; the Italian version is the legally binding text.

1. Scope and parties

These General Terms and Conditions ("Terms") govern all contractual relationships between ThunderHosting GmbH, Via Rubiana 20, 6925 Gentilino, Switzerland (the "Provider", "we") and the customer (the "Customer", "you") concerning the services ordered through the platform https://beta-manager.thunderhosting.com (the "Platform").

The Terms apply to all services offered by the Provider unless an individual written contract provides otherwise. The provisions of an individual contract prevail over these Terms. The Customer's own general terms do not apply.

The Italian version of these Terms is the only legally binding one. Translations are provided for convenience; in case of discrepancy the Italian text prevails.

2. Definitions

• Services: everything offered through the Platform, in particular web hosting, domain name registration and management, DNS services, virtual servers (VPS), game servers, software licences, mailboxes, subscription software applications (SaaS) and the related services listed in the Platform's store.
• Account: the Customer's space on the Platform, either as the account of an organization (legal entity, sole proprietorship, association) or as the personal account of a natural person.
• User: any person who accesses the Platform with their own credentials, including persons the Account owner invited into an Account or into an individual subscription.
• Consumer: a natural person ordering Services for purposes outside their trade or profession.

3. Accounts and users

3.1 An Account is required to order Services. The Customer warrants that the data provided at registration and during the contract is true and complete and keeps it up to date.

3.2 Whoever opens an Account on behalf of an organization declares to have the authority to represent and bind it.

3.3 Natural persons may open a personal account. Opening a personal account and concluding paid contracts is reserved to persons who are at least 18 years old. Minors may use the Platform only with the consent of their legal representative, who is liable for the obligations entered into. The Customer confirms this when ordering.

3.4 The owner of an Account – including a personal account – may invite other Users into the Account or into individual subscriptions and assign them roles and permissions. The owner is liable for everything done through their Account and by the Users they invited as if it were their own conduct. The same User may belong to several Accounts.

3.5 Login credentials are personal and must be kept safe. The Customer informs the Provider without delay of any suspected misuse.

4. Conclusion of the contract

4.1 Offers on the Platform are non-binding. The Customer's order is a contractual offer. The contract is concluded when the Provider confirms the order or activates the Service, whichever happens first.

4.2 Before confirming an order the Customer can review and correct the entered data. The Provider sends an order confirmation by e-mail. The contract text (order, accepted version of the Terms) is stored by the Provider; the accepted version of the Terms and the time of acceptance are kept as evidence.

4.3 The Provider may refuse an order without giving reasons, in particular in case of suspected abuse, insolvency or breach of these Terms.

5. Prices and payment

5.1 The prices shown on the Platform at the time of the order apply, in the chosen currency. Prices include value added tax if and to the extent it is due. Taxes, duties or fees due in the Customer's country are borne by the Customer.

5.2 Services are invoiced in advance for the chosen billing period (e.g. monthly or yearly). Invoices are made available on the Platform and sent by e-mail; on request they can be sent by post for a fee.

5.3 The payment methods shown on the Platform are accepted (e.g. credit card or TWINT via FlowAlp Pay, PayPal, Swiss QR-bill, prepaid balance). If a payment method carries an additional fee, this is clearly shown before payment; a free payment method is always available.

5.4 By saving a payment method the Customer authorises the Provider to charge due invoices automatically (renewals, usage invoices). The Customer can remove the saved method at any time in the Account settings.

5.5 Invoices are due on the due date shown. In case of late payment the Provider may, after a reminder, suspend the affected Services. From the date of default, statutory interest and the reminder fees shown on the Platform are due. Consumers are not charged late-payment charges exceeding the actual costs.

5.6 The Provider may adjust prices for subsequent billing periods with at least 30 days' notice. In case of an increase the Customer may cancel the affected Service with effect from the date the new price takes effect.

6. Term, renewal and cancellation

6.1 The contract runs for the chosen billing period and renews automatically for periods of the same length unless cancelled.

6.2 The Customer may cancel any Service at any time through the Platform. Cancellation takes effect at the end of the period already paid; the Service remains available until then. The Provider may cancel with 30 days' notice to the end of a billing period.

6.3 Amounts paid in advance for the current period are not refunded, unless mandatory law provides otherwise or the Provider terminated the contract without fault of the Customer.

6.4 Domain names are subject to the rules of the competent registry; a cancellation does not transfer the domain automatically. The Customer is responsible for transferring or renewing it with another provider before expiry.

6.5 Both parties keep the right to terminate immediately for good cause.

7. Right of withdrawal for consumers in the European Union

7.1 Consumers habitually resident in a member state of the European Union or the European Economic Area have the right of withdrawal provided by the applicable national law: the contract may be withdrawn within 14 days of its conclusion without giving reasons, by an unambiguous statement (e.g. e-mail to info@thunderhosting.com).

7.2 If the consumer expressly requests that performance of the Service begins during the withdrawal period – which happens with the immediate activation ordered on the Platform – the consumer owes, in case of withdrawal, an amount proportionate to what was already provided; the right of withdrawal expires once the Service has been fully performed. For domain names and licences registered specifically for the Customer the right of withdrawal expires upon registration.

7.3 Swiss law provides no statutory right of withdrawal for distance contracts.

8. Performance, availability and absence of warranties

8.1 The Provider delivers the Services with the care customary in the industry and according to the state of the art, on a "best effort" basis. Unless agreed in an individual written contract, no minimum availability, no response or recovery time, no result and no fitness for a particular purpose is guaranteed. The Services are provided "as is" and "as available".

8.2 The Provider may carry out maintenance, updates and technical changes that may cause temporary interruptions; where possible they are announced in advance.

8.3 Resources (compute, storage, traffic) are provided according to the Service description and reasonable use ("fair use"). The Provider may limit resources when usage impairs other customers.

8.4 The Provider may change or discontinue individual Services with reasonable notice, offering an equivalent alternative where possible.

9. Customer obligations and acceptable use

9.1 The Customer uses the Services in compliance with applicable law and the rights of third parties. In particular it is prohibited to: distribute illegal, violent, defamatory or infringing content; send unsolicited messages (spam) or phishing; distribute malware; carry out attacks, scans or unauthorised access attempts; mine cryptocurrencies without express authorisation; use the Services in a way that compromises the security or stability of the Platform or of third parties.

9.2 The Customer is responsible for the content, data and applications uploaded to or run on the Services, their security and their updates. Unless a backup service was ordered and is included in the Service, the Customer is responsible for backing up their own data.

9.3 For game servers and third-party software the Customer accepts and complies with the licence terms of the respective producer (e.g. the Minecraft EULA of Mojang/Microsoft). The acceptance is recorded by the Provider.

9.4 The Customer indemnifies the Provider against all third-party claims arising from a breach of these Terms or applicable law by the Customer or the Users they invited.

10. Third-party services and terms

For domain names, software licences, payment services and other services provided with the involvement of third parties, the terms of the respective third party apply in addition (e.g. registry and ICANN rules for domains, licence terms of the software producer). Where these Terms conflict with third-party terms, the latter prevail for the relationship with that third party.

11. Suspension, blocking and deletion of data

11.1 The Provider may suspend or block Services in whole or in part with immediate effect if the Customer breaches these Terms or applicable law, if the security or stability of the Platform is at risk, if an authority requires it, or in case of late payment after a reminder. Where possible the Provider informs the Customer in advance.

11.2 When the contract ends the Provider deletes the Customer's data relating to the Service after a grace period of 30 days, subject to statutory retention duties. The Customer is responsible for exporting their data in time.

12. Liability

12.1 The Provider is liable without limitation for damage caused intentionally or by gross negligence and for personal injury. Any liability for slight negligence is excluded.

12.2 To the extent permitted by law, liability for indirect or consequential damage, lost profit, loss of data, business interruption and third-party claims is excluded. In any case the Provider's total liability per contract year is limited to the amounts the Customer paid for the affected Service in the twelve months preceding the damaging event.

12.3 The Provider is not liable for auxiliary persons, third-party suppliers or events of force majeure (e.g. network or power failures outside its control, cyber attacks, acts of authorities, natural disasters).

12.4 The limitations of liability do not apply where they conflict with mandatory consumer protection law.

13. Data protection

The Provider processes personal data in accordance with Swiss data protection law and, where applicable, the EU General Data Protection Regulation (GDPR). Details are set out in the Privacy Policy, which forms an integral part of the contract. Data is generally stored in Switzerland and the European Union. For business customers processing third-party personal data through the Services, the Provider makes a data processing agreement available on request.

14. Intellectual property

All rights in the Platform, the Provider's software and documentation remain with the Provider or its licensors. The Customer receives a non-exclusive, non-transferable right to use the Services for the term of the contract. Content uploaded by the Customer remains the Customer's property; the Customer grants the Provider the rights needed to deliver the Services.

15. Changes to these Terms

The Provider may amend these Terms. Changes are communicated on the Platform or by e-mail at least 30 days in advance and must be accepted again at the next sign-in or order. If the Customer does not accept the changes, they may cancel the affected Services with effect from the date the changes take effect; continued use after that date counts as acceptance. Every version of the Terms, with its effective date, can be viewed on the Platform.

16. Final provisions

16.1 Should a provision of these Terms be invalid, the validity of the remaining provisions is not affected; the invalid provision is replaced by a valid one that comes closest to its economic purpose.

16.2 The Customer may assign rights and obligations under the contract only with the Provider's written consent. The Provider may assign the contract to a group company or legal successor.

16.3 Notices are sent by e-mail to the address in the Account or through the Platform and are deemed received.

16.4 Swiss law applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is the Provider's registered seat. Mandatory places of jurisdiction for consumers remain reserved.

ThunderHosting GmbH · Via Rubiana 20, 6925 Gentilino, Switzerland · info@thunderhosting.com