Terms and conditions - Miner purchase & hosting
Part I: General Provisions
§ 1 Scope
(1) These general terms and conditions (hereinafter “GTC”) apply to all contracts concluded between Dürr Solutions GmbH (hereinafter “Dürr Solutions”), represented by managing director Frederik Dürr, Kleistraße 76, 59073 Hamm and its customers (hereinafter “customer”) and the sale and hosting of miners for the generation or mining of cryptocurrencies (hereinafter “Miner”).
(2) The special agreements made in the context of the purchase contract concluded between the parties result primarily from these terms and conditions, a written order confirmation and the declaration of acceptance from Dürr Solutions.
(3) The version of the terms and conditions valid at the time of conclusion of the contract is always decisive for the conclusion of the contract. These terms and conditions also apply to future business relationships, even if they have not been expressly agreed again.
(4) Deviating conditions of the customer do not apply, even if the inclusion has not been expressly objected to.
(5) These terms and conditions apply exclusively to contracts with entrepreneurs in accordance with § 14 BGB. Dürr Solutions' offer is addressed exclusively to entrepreneurs in accordance with Section 14 (1) BGB who, when concluding the contract, are acting in the exercise of their commercial or independent professional activity.
§ 2 Content of the contract
(1) The content of Dürr Solutions' range of services consists of the following components:
1. The customer can purchase miners that are delivered to the hosting location operated by Dürr Solutions (hereinafter “hosting location”) (hereinafter “Miner Purchase”).
2. After delivery, Dürr Solutions provides the customer with the miners for use and for the duration of the contract period and ensures their operational readiness and functionality in accordance with these terms and conditions. (hereinafter “Hosting”).
The miner purchase and hosting together form the subject of the contract concluded on the basis of these terms and conditions (hereinafter “hosting contract”). The customer's consideration consists of payment of the purchase price for the purchase of the miners (hereinafter “purchase price”), the fee for hosting the miners (hereinafter “hosting fee”) and, if applicable, the fee for optional additional services that the customer uses as part of hosting.
(2) The customer can use the miner as part of hosting to mine cryptocurrencies (hereinafter “crypto mining”). The use for crypto mining or the success of generation attempts (hereinafter “mining processes”) is not the subject of the contract. Whether and to what extent the customer uses the miner for crypto mining is therefore at the customer's discretion.
(3) The services are offered exclusively jointly and the miners are always delivered to the hosting location. If the customer decides to cancel the hosting contract, Dürr Solutions reserves the right to buy back the acquired miners (see § 15 of these terms and conditions).
(4) Dürr Solutions is entitled to have the services carried out in whole or in part by third parties.
§ 3 Conclusion of contract
(1) Contracts can be concluded via the Dürr Solutions websites or through an offer and its acceptance. In this case, the contract is concluded upon acceptance of the order confirmation by Dürr Solutions. The provisions of the individual contract take precedence over these terms and conditions, however, these terms and conditions also apply to contracts that are concluded outside the website through offer and acceptance.
(2) When concluding a contract via the websites, the following conditions apply: The presentation and advertising of articles on Dürr Solutions websites does not constitute a legally binding sales offer.
(3) By sending an order via the websites and clicking on the “Order subject to payment” button, the customer makes a binding purchase offer. The customer is bound to the order for a period of 14 days after the order has been placed. The statutory right of withdrawal only applies to consumers in accordance with § 13 BGB.
(4) Dürr Solutions will immediately confirm receipt of an order on our website by e-mail. However, this e-mail does not yet represent a binding acceptance of the order, unless the order is expressly accepted in this e-mail.
(5) A contract is only concluded when the order is confirmed by a declaration of acceptance by Dürr Solutions by separate e-mail (order confirmation) or by delivery of the ordered items. The contract text, consisting of the order, the terms and conditions and the order confirmation from Dürr Solutions, will be delivered to the customer on a durable data carrier with the order confirmation or in a separate e-mail, but no later than upon delivery of the goods.
(6) Orders for deliveries abroad are only accepted above a certain minimum order value. The exact minimum order value can be found in the price information on the Dürr Solutions websites or in the offer text.
(7) If delivery of the goods ordered by the customer is not possible, for example because the corresponding goods are not in stock or minimum orders for the provision of hosting services have not been reached, Dürr Solutions will refrain from making a declaration of acceptance. In this case, no contract is concluded. The customer will be informed immediately and will immediately refund any payments already received.
(8) The contract language is German. If a contract or offer text from Dürr Solutions is available in several languages, the German version is legally binding.
(9) In the case of purely brokerage transactions, no legal transaction is concluded between Dürr Solutions and the customer. In this case, the purchase contract is concluded between the customer and the other provider.
§ 4 Terms of delivery and reservation of advance payment
(1) The delivery period begins upon receipt of full payment.
(3) Delivery will only be carried out after confirmation of receipt of payment.
(4) If hardware with hosting is purchased, it will be delivered directly to the hosting location. If delivery is made to a data center outside the EU, a net invoice is issued. The delivery is considered to have been made as soon as it has been received by the hosting partner. The hosting contract is created separately by the hosting partner and sent within 24 hours of placing the order on the website or after the declaration of acceptance has been sent by Dürr Solutions. Should the customer not sign this contract, we reserve the right to deliver directly to the customer. In this case, the customer is obliged to pay shipping costs and sales tax.
§ 5 Prices and shipping costs
(1) All prices quoted are net prices, to which statutory sales tax and any shipping costs incurred are added.
(2) The shipping costs are listed in the price information on the websites or in the declaration of acceptance. The total price including sales tax and shipping costs is also shown in the order overview before sending the order. Any customs fees or other costs for international shipments must be borne by the customer.
(3) If Dürr Solutions carries out the order in several partial deliveries, shipping costs are only charged for the first partial delivery. However, if you expressly request partial deliveries, shipping costs will be charged for each of these deliveries.
§ 6 Payment terms, offsetting and right of withholding
(1) Payments on our website can be made via bank transfer. All payment transactions are carried out in strict compliance with applicable data protection regulations. The transmission of all payment information is encrypted to ensure security.
(2) Offsetting against claims against Dürr Solutions is excluded.
(3) Bei Zahlung mit Kryptowährungen ist der Angebotspreis in Euro ausschlaggebend. Referenzkurs ist der aktuelle EUR/Krypto-Kurs zum Zeitpunkt der Zahlungstransaktion.
§ 7 Retention of title
(1) The delivered goods (reserved goods) remain the property of Dürr Solutions until all claims arising from this contract have been paid in full.
(2) As long as ownership has not yet been transferred to him, the customer undertakes to treat the reserved goods with care and to insure them adequately at their replacement value against fire, water and theft damage.
(3) If the reserved goods are seized or exposed to other interventions by third parties, the customer is obliged, as long as ownership has not yet been transferred to him, to inform the third party of Dürr Solutions' ownership rights and to immediately notify them in writing so that Dürr Solutions can enforce its ownership rights. The customer is liable to Dürr Solutions for the judicial or extrajudicial costs arising in this connection, unless the third party is in a position to reimburse these costs to Dürr Solutions.
§ 8 Commercial use
By purchasing the products offered by Dürr Solutions (including representations on the Dürr Solutions websites), the customer confirms and declares that they are used exclusively for commercial purposes and not for private or personal purposes.
§ 9 Warranty
(1) Dürr Solutions assumes liability for material and legal defects in the delivered items in accordance with the applicable legal provisions, in particular Sections 434 et seq. of the German Civil Code. For entrepreneurs, the warranty period is 12 months, starting with the delivery of the goods.
(2) In addition to claims due to material and legal defects in accordance with paragraph 1, there may be guarantees granted by Dürr Solutions or the manufacturers of certain articles. The details of the scope of such guarantees are set out in the respective warranty conditions, which may be attached to the articles.
(3) If the hash rate of the product delivered to you is lower (more than 10%) than agreed, the difference will be refunded to the customer in accordance with the €/th rate.
§ 10 Liability and exclusions of liability
(1) In accordance with legal provisions, Dürr Solutions is liable without limitation for damage based on intent or gross negligence. Liability relates to all cases of contractual and non-contractual liability for compensation or reimbursement of futile expenses.
(2) In other cases, unless otherwise stated below, Dürr Solutions is only liable in the event of a breach of an essential contractual obligation (cardinal obligation). Liability is limited to foreseeable damage typical of the contract. In all other cases, liability is excluded, subject to the provision in paragraph 3.
(3) Dürr Solutions' liability is unlimited for damage resulting from injury to life, limb or health. The same applies to claims under the Product Liability Act, regardless of the liability limitations and exclusions mentioned above.
(4) The limitations of liability set out in paragraphs 1 and 2 also apply to the legal representatives and vicarious agents of Dürr Solutions if claims are made directly against them.
(5) Our liability is excluded for defects caused by hardware or software used by the customer, outdated drivers or incorrect operation of the hardware.
(6) Dürr Solutions assumes no liability for delivery delays or performance disruptions caused by the manufacturer or force majeure, including but not limited to war, strikes, natural disasters of any kind, pandemics or epidemics, as well as official orders based on them. The customer is not entitled to compensation due to such delays in delivery.
(7) When the goods are handed over to the transport company, the risk of accidental loss and accidental deterioration is transferred to the customer. If the goods are lost or damaged during transport, the customer can contact the transport company directly.
(8) The risk responsibility for the servers remains with the customer throughout the contract period. The customer is expressly informed that Dürr Solutions does not provide insurance services and that the customer's devices are not covered by insurance. The customer is solely responsible for insuring his servers and property against all types of damage
§ 11 Copyrights
Dürr Solutions owns the copyrights to all images, films and texts published on our websites. Any use, reproduction, distribution or public reproduction of these materials without express prior written consent is strictly prohibited and may result in legal consequences.
§ 12 Data protection
For detailed information regarding the collection, processing and use of personal data by Dürr Solutions, we refer to a comprehensive privacy policy, which is available on our website.
Part II: Miner purchase
§ 13 Purchase price
(1) The purchase price includes the costs of packaging, shipping and transport insurance for delivery to the hosting location as well as statutory value added tax, customs as well as other fees and public charges.
(2) Unless otherwise agreed, the purchase price is due for payment without any deduction upon conclusion of the contract (hereinafter “advance payment obligation of the customer”).
§ 14 Delivery, delivery period and delay in delivery, transfer of risk
(1) The miners are delivered exclusively to the hosting location. Delivery is made when the miners have arrived at the hosting location and the customer has been notified that the miners have arrived.
(2) Delivery generally requires that a certain number of total orders from different customers have been received and that the advance payment obligations of all customers have been met. Therefore, a specific delivery time cannot be specified. The number of total orders that result in delivery to the hosting location is at the discretion of Dürr Solutions. Dürr Solutions reserves the right of withdrawal in accordance with Section 3 (7) of these Terms and Conditions.
(3) If expected delivery times are specified in individual cases, these are not binding. In any case, unforeseen delivery delays may occur. In the event of a delay in delivery, the legal regulations in accordance with Sections 286 et seq. of the German Civil Code apply.
(4) Ownership of the miners and the risk of accidental loss or accidental deterioration of the miners is transferred to the customer when the goods are handed over to the transport company (in accordance with Section 10 (7) of these Terms and Conditions). If the customer transfers ownership of the miners to a third party before the end of the hosting contract period (e.g. by way of resale or donation), the customer must immediately inform Dürr Solutions in writing of the transfer of ownership.
§ 15 Warranty
(1) The customer's rights in the event of material or legal defects are subject to the statutory provisions in accordance with § 9 of these terms and conditions.
(2) Partial deliveries are permitted to a reasonable extent. Our right of withdrawal in accordance with Section 3 (7) of these terms and conditions remains unaffected with regard to the part of the order that has not yet been delivered.
(3) The information about the miners (e.g. weights, dimensions and technical data) and representations of them (e.g. illustrations) are only approximate, unless their usability for the contractually agreed purpose does not require exact agreement. They are not guaranteed characteristics, but descriptions or identifications of miners. Customary commercial deviations are permitted as long as they do not affect usability for the contractually intended purpose.
(4) If, in the case of a resale of the miner, the last customer in the supply chain is an entrepreneur in accordance with Section 14 BGB, the customer's independent right of recourse under Section 445a (1) BGB is excluded and, contrary to the legal provision in Section 445a, paragraph 2 BGB, a deadline must be set for the rights specified in Section 437 BGB.
(5) In the event of defects in the delivered miners, Dürr Solutions is, at its own discretion, initially obliged and entitled to repair or replace the goods. In the event of failure, i.e. the impossibility, unreasonableness, refusal or unreasonable delay of the repair or replacement delivery, the customer may withdraw from the contract or reduce the purchase price accordingly. The same applies in the event that a reasonable period to be set by the customer has expired without success or is dispensed with in accordance with statutory provisions.
(6) If a defect is due to the fault of Dürr Solutions, the customer may claim compensation under certain conditions.
(7) Contrary to Section 377 (1) and (2) HGB, the customer is not obliged to examine the miner immediately after delivery to the hosting location. However, if a defect on the part of the miner becomes apparent to the customer at a later stage, Section 377 (3) to (5) HGB applies.
(8) If the customer wishes to make use of repair or other services relating to the miners outside of his statutory warranty rights or his rights against the manufacturer under the manufacturer's warranty, Dürr Solutions reserves the right to provide the customer with appropriate cost estimates upon request.
Part III: Hosting
§ 16 Service description and service levels for hosting
(1) Hosting includes providing the miner for use for crypto mining (hereinafter “deployment”), maintaining the miner's operational readiness and functionality (hereinafter “monitoring”) with the following service components and service levels:
1st deployment:
As part of the deployment, we provide the following services within four weeks of delivery of the miner to make the miner operational and functional (i.e. to put the miner in the switched on state that calculates hash values):
a) Receiving the miner at the hosting location,
b) Removing the miner from the packaging and checking for obvious defects (transport damage, etc.),
c) connection of the miner to the power grid and the cooling system,
d) Establishing a network connection and
e) Operational readiness and operability testing.
Dürr Solutions will immediately inform the customer via email as soon as the deployment is complete. If there is a defect in the miner during deployment, the customer will be informed immediately by e-mail and the procedure regarding the customer's warranty rights will be clarified.
2nd monitoring
As part of monitoring, the following services are provided:
a) Ensuring the miner's operational readiness and functionality (e.g. through regular tests and maintenance)
b) Ticket system for incidents (ticket@cryptohall24.com).
(2) From the time the deployment is completed, Dürr Solutions ensures that the miner is up and running and functioning of ninety percent (90%). The periods during which the miner is not operational or functional or a dashboard is not available due to technical faults or other performance impediments outside the control of Dürr Solutions are excluded from the calculation. This applies in particular in cases of force majeure (see Section 10 (6) of these Terms and Conditions), unavailability of the blockchain network or the blockchain protocol or other performance impediments due to the fault of third parties.
(3) Dürr Solutions does not guarantee a specific operating temperature. The customer acknowledges that the premises may not be cooled with a separate air conditioner (depending on location). If the service is interrupted due to temperature, the customer is not entitled to compensation from the service provider. ”
(4) If the customer wishes to make use of additional services, a separate agreement must be made on the additional service components and the additional remuneration (e.g. by adding a corresponding option).
(5) Depending on the respective availability, the customer can use a significantly increased power consumption of +- 115% — as opposed to a power consumption of around + -100% in standard mode — for crypto mining. Dürr Solutions expressly points out that when using the power mode, it does not guarantee the stability of the services provided by the miner and the durability of the miner and that the use of the power mode may lead to disruptions in the functionality or worsening of the miner's condition. The use of power mode is therefore at the customer's discretion. Dürr Solutions is not liable for damage or deterioration of the miner, insofar as this is caused by the use of power mode. The warranty expires when using power mode.
(6) Dürr Solutions only ensures that miners are operational and functional for use for crypto mining. The actual use of the delivered and provided miners, the process of crypto mining, the attainment of any profits from crypto mining and switching the miner on and off as well as ensuring the necessary settings of the miner to carry out certain actions that can be requested by the customer or are otherwise within the customer's control (e.g. configuration of the customer's Bitcoin wallet address) are not part of the contract service.
§ 17 Customer's obligations to cooperate
(1) The customer is obliged to always provide his current wallet address for corresponding cryptocurrencies (e.g. Bitcoin wallet) and contact details via the ticket system. Furthermore, the customer is obliged to regularly check that the miner is operating correctly via the mining pool, to report faults immediately via the ticket system provided and to provide us with the necessary information to clarify concerns or problems or to carry out faults immediately and truthfully.
(2) The customer is responsible for creating and maintaining the technical requirements for access to the mining pool in his area, in particular with regard to the hardware and operating system software used, the connection to the Internet and the latest browser software. The customer is obliged to take the necessary precautions to secure its systems, in particular to use the usual browser security settings and to use current protection mechanisms to ward off malware.
(3) Before commissioning, the customer is obliged to provide Dürr Solutions with the desired pool data via the ticket system. If the pool data is not made available in time, mining cannot begin. Dürr Solutions is in no case liable for lost profits due to failure to comply with the obligations to cooperate
§ 18 Hosting fee
(1) In return for hosting, the customer is obliged to pay Dürr Solutions the hosting fee and, if applicable, fees for the use of optional additional services such as Power Mode. The hosting fee is based on the basic fee agreed upon conclusion of the contract and calculated on the basis of the electricity price (hereinafter “basic fee”) plus a flexible surcharge (hereinafter “Performance Pricing”) and the miner's actual power consumption, taking into account, if applicable, the higher consumption when using Power Mode.
(2) At the beginning of each contract month, the customer must pay an advance payment of the hosting fee per miner. The first advance payment is due when the customer receives notification that the deployment for the respective miner has been completed. Dürr Solutions has the right to increase or decrease the advance payment. This adjustment is made by written notification to the customer with a lead period of at least one month before the adjustment of the advance payment becomes effective.
(3) If the customer has been using hosting services for at least six months, the basic fee and performance pricing prices may be adjusted at Dürr Solutions' discretion. This price adjustment shall be made by written notification to the customer with a lead period of at least one month before the price adjustment takes effect. The customer can extraordinarily cancel hosting with effect from the time the price change takes effect. The customer will be notified of this right of termination with the notification of the price adjustment.
§ 19 Warranty and liability
(1) The customer's rights in the event of material or legal defects are subject to the statutory provisions in accordance with Section 10 (1) of these terms and conditions.
(2) Fault-independent liability for initial defects in accordance with Section 536a (1) Var. 1 BGB is excluded.
(3) Temporary restrictions on the availability of services up to a total period of up to ten percent (10% per month of contract is based on and gives rise to pricing and costs) do not represent warranty claims by the customer.
(4) The customer is expressly not entitled to compensation in the event of an interruption of services, provided that the damage is attributable to the work of third parties (e.g. due to lack of network connections or lack of power sources).
(5) If the faulty hosting service does not affect availability, Section 10 of these terms and conditions applies.
§ 20 Deactivation of the customer's ability to use and use the miner by Dürr Solutions
The customer is required to pay all invoices in advance. In the event of late payment, Dürr Solutions reserves the right to completely shut down the miner. In the event of a permanent payment delay of at least 30 days, Dürr Solutions reserves the right to keep the miner connected through its own business activities. In this case, the customer is not entitled to any profits.
Section 21 Duration and termination
(1) The hosting contract is concluded for an indefinite period. The term starts from the time when the customer is notified by Dürr Solutions that the deployment has been completed. The minimum contract period is 12 months.
(2) The hosting contract can be terminated by both parties at any time with a notice period of fourteen days before the end of the contract. The contract is automatically extended by a further 12 months at the end of the contract period. The termination must be made in writing. The right to extraordinary termination (§ 314 BGB) remains unaffected.
(3) In the event of termination by the customer, the customer is obliged to pick up the miner from the hosting location on the effective date (date of contract end) at his own expense. The Minder is packaged ready for transport by Dürr Solutions and made available for collection at the hosting location. Alternatively, the customer can request that the miner be sent. In this case, the shipment will take place within fourteen days after the termination takes effect. Delivery will only be made if an advance payment of shipping costs, transport insurance, any customs fees, etc. has been made to the account of Dürr Solutions.
Section 22 Final Provisions
(1) The customer is not entitled to transfer or assign all or part of its rights and obligations arising from these terms and conditions to third parties without the prior written consent of Dürr Solutions. Any assignment or transfer in violation of this section will be considered null and void.
(2) Should individual provisions of this contract be or become invalid, this does not affect the effectiveness of the remaining provisions. Instead of the ineffective provision, the provision that comes closest to the economic purpose of the invalid provision shall be deemed to have been agreed. The same applies in the event that the contract contains gaps.
(3) Each of the contracting parties has received a written copy of this contract.
(4) German law applies to this agreement. The place of jurisdiction is 59073 Hamm.
(5) This contract is subject to the laws of the Federal Republic of Germany, excluding the UN Sales Convention (CISG). If you place the order as a consumer and are habitually resident in another country at the time you place your order, the application of mandatory legislation in that country remains unaffected by the choice of law set out in sentence 1.
Status of the terms and conditions: October 2023