Contract / Synology NAS / Guru Cloud & Guru Server - April 2022

1.   General

The special terms and conditions apply fully and unconditionally to all services and products with the designation SYNOLOGY / Guru-Cloud or SYNOLOGY / Guru-Server (hereinafter referred to as “EDV-Guru”), to the storage of data in the network on rental servers of the Synology brand (hereinafter referred to as “Synology”) and to every natural and legal person (hereinafter referred to as “Customer”).

They take precedence over the General Conditions of Use (hereinafter referred to as “T&C”) in the event of a conflict between these two documents.

2.   Description of the service

As part of its service, the IT guru provides the customer with a Synology server in its data centers. These have a private, secured network

Emergency generator (n+1) including inverter (n+1) as well as two inputs for fiber cables (uncrossed), which are spatially separated, ensure redundancy for internal connectivity and run with redundant cooling systems (n+1).

Traffic volume is unlimited for incoming and outgoing data.

The guaranteed bandwidth in the EDV-Guru network corresponds to a data transfer speed of 1 Gbit/s (for shared offers, the bandwidth per server is shared across customer clusters to an acceptable extent).

For some Synology servers, the customer is the sole manager of their resources (applies to the Guru-Cloud XL, XXL and XXXL offerings - optional upon customer request).
Guru-Cloud S, M and L are managed by the EDV-Guru and represent “shared offers”. In principle, it is possible to switch to your own server or higher packages (with more storage volume).

3.   Invoicing

The applicable Synology tariffs are on the page www.edv-guru.com specified.

If the specified price for the extension is not paid in full, the EDV-Guru cannot grant the extension requested by the customer (e.g. monthly or in other subscription variants). The IT guru switches off the Synology server or the Synology account no later than 14 days after the open item (payments) and deletes all data.

After the service is deleted, the data can no longer be restored.
Alternative deposit options or payment confirmations are of course accepted.

The EDV-Guru reserves the right to require the customer to pay a deposit to cover its consumption costs if the EDV-Guru deems this necessary in view of the use of the service.

4.   Duties and responsibilities of IT Guru

The IT guru undertakes:

• not to have software access to the customer's Synology server, with the exception of: Guru-Cloud S, M and L, the “Shared Offers”.
  Guru-Cloud XL, XXL and XXXL offer – optionally, if the customer requests, an account can be created for purely IT administrative activities.
• to keep the infrastructure functional (in the event of failures thereof, e.g. due to a material defect in a hard drive reported by the customer, the EDV-Guru undertakes to respond within 24 hours and, with the customer's consent, to replace the faulty hardware as quickly as possible, unless the failure was not caused by the IT-Guru, or in the case of any other measures that require a longer interruption of the service than is usually necessary for the replacement)
• carry out a visual inspection once a week (checking the indicator lights on the hard drives that indicate a hardware problem); In the event of a malfunction, the IT guru will contact the customer by email to obtain their consent to replace the hard drive within 24 hours. If the customer does not respond, the IT guru will try to contact you by another means (telephone, SMS). In no case can the EDV-Guru be held liable for the customer's data.
• to intervene as quickly as possible in the event of incidents that were not caused by improper use of the service by the customer

The IT Guru cannot be held liable in the event of:

• Misconduct, negligence, omission or default on the part of the customer, failure to comply with advice given
• Misconduct, negligence or omission of third parties over whom the IT Guru has no control authority
• force majeure, events or incidents over which the IT Guru has no influence whatsoever
• Discontinuation of the Service for the reasons provided for in Article 5 of the Synology Special Terms and Conditions
• Malfunctions due to misuse, e.g. operating errors, of the services by the customer
• partial or complete destruction of the transmitted or stored data due to the direct or indirect fault of the customer
• partial or total non-compliance with an obligation and/or failure by operators of

Internet data networks, especially Internet providers

The IT Guru reserves the right to suspend its services to the customer:

• to carry out a technical intervention to improve functionality
• if the customer's service poses a threat to maintaining the security of IT Guru's infrastructure (hacker attack on Synology, discovery of a security vulnerability in the system, abnormal use of resources, etc.)

In this case, the IT guru must inform the customer within a reasonable period of time and as far as possible of the type and duration of the intervention so that the customer can prepare for it. If necessary, the connection will not be restored until the customer has taken the appropriate corrective actions.

The IT Guru assumes no liability in connection with the use of the service by the customer

5.   Customer Obligations and Responsibilities

The customer undertakes:

• to use the Service and in particular the network resources associated with it with appropriate expertise
• to have the necessary powers, authority and abilities to carry out the obligations prescribed in the Synology Specific Terms and Conditions. The Customer is informed that:
• the intervention of the IT guru when signing a contract for the Synology on the

Provision of the hardware and network resources necessary for Synology is limited

(In this context, the IT Guru only rents out special infrastructure and has no control over the content stored as part of this service)

• he does not have physical access to the Synology Server at any time

6.   Privacy Policy

Pursuant to this Agreement, IT Guru undertakes to delete Customer Data stored on this Service regardless of the reasons.

7.   Place of jurisdiction and applicable law

The customer undertakes to comply with applicable Austrian and international laws throughout the entire term of the contract.

Place of jurisdiction Austria / Vienna