Terms of Service | Scalefield Hosting

1. Scope and Applicability

These Terms of Service (“Terms”) govern the use of CYBERTEC PostgreSQL Hosting services (“Services”) provided by CYBERTEC PostgreSQL International GmbH (“CYBERTEC”, “we”, “us”), Römerstraße 19, 2752 Wöllersdorf, Austria. By using our Services, you agree to these Terms.

2. Service Description

CYBERTEC Scalefield Hosting provides managed PostgreSQL database hosting services including automated provisioning, monitoring, backup management, high availability, and support. Services are operated exclusively from data centres within the European Union, European Economic Area, and Switzerland.

3. Service Level Agreement

Service availability targets are defined per pricing tier:

Essential: 99.9% monthly uptime
Professional: 99.95% monthly uptime
Enterprise: 99.99% monthly uptime (or as agreed)

Scheduled maintenance windows are excluded from uptime calculations. Customers are notified at least 72 hours in advance of planned maintenance. Detailed SLA terms, including service credits, are provided in the individual service agreement.

4. Customer Obligations

The customer agrees to:

Use the Services in compliance with applicable laws and regulations
Maintain the confidentiality of access credentials
Not use the Services for illegal activities, spam, or abuse
Provide accurate and up-to-date contact and billing information
Promptly report any security incidents or suspected breaches

5. Data Processing and Security

Data processing is governed by a separate Data Processing Agreement (DPA) in accordance with GDPR Art. 28. All customer data is stored and processed exclusively within European jurisdiction. CYBERTEC implements technical and organisational measures in accordance with ISO 27001. Detailed security measures are described in the DPA and security documentation.

6. Backup and Recovery

CYBERTEC performs automated backups according to the customer's selected service tier. Customers are responsible for verifying the adequacy of backup policies for their specific requirements. CYBERTEC provides tools for self-service point-in-time recovery within the contracted retention period.

7. Pricing and Payment

Pricing is as agreed in the individual service agreement. All prices are net of applicable VAT. Invoices are issued monthly and payable within 14 days. CYBERTEC reserves the right to adjust pricing with 90 days' written notice.

8. Data Portability and Exit

Customers may export their complete database at any time using standard PostgreSQL tools (pg_dump, pg_basebackup) or via our management API. Upon contract termination, CYBERTEC provides a 30-day transition period during which all data remains accessible. After the transition period, data is securely deleted in accordance with the DPA.

9. Limitation of Liability

CYBERTEC's liability is limited to the fees paid by the customer in the 12 months preceding the event giving rise to the claim. This limitation does not apply to damages caused by wilful misconduct or gross negligence, or to liability that cannot be excluded under applicable law. CYBERTEC is not liable for indirect, consequential, or incidental damages.

10. Term and Termination

Monthly plans may be terminated with 30 days' notice. Annual plans run for the contracted term and renew automatically unless terminated with 90 days' notice before renewal. Enterprise agreements are governed by individual contract terms. CYBERTEC may terminate for cause with immediate effect in case of material breach by the customer.

11. Governing Law and Jurisdiction

These Terms are governed by the laws of the Republic of Austria, excluding its conflict of law provisions and the UN Convention on Contracts for the International Sale of Goods (CISG). The exclusive place of jurisdiction is Wiener Neustadt, Austria. For consumers within the EU, mandatory consumer protection provisions of their country of residence remain applicable.

12. Changes to These Terms

CYBERTEC may update these Terms with 30 days' written notice. Continued use of the Services after the effective date of changes constitutes acceptance. If the customer does not agree with the updated Terms, they may terminate the contract before the changes take effect.

13. Contact

For questions regarding these Terms, please contact:
CYBERTEC PostgreSQL International GmbH
Phone: +43 2622 93022-0