1. Contracting Party and Scope
These Terms and Conditions apply to all backup-storage services (“toptip cloud Backup”) provided by:
Galaxy GmbH
Managing Director: Dirk Helmut Anschütz
Hohenzollernring 57, 50672 Cologne, Germany
E-mail: mail@galaxy-gmbh-service.de
Additional contact address: galaxy@toptip.net
Commercial Register: Amtsgericht Köln · HRB 33730
VAT ID: DE210875751
Conflicting customer terms do not apply unless expressly agreed.
These Terms apply to both consumers and business customers unless stated otherwise.
2. Service Description
toptip cloud Backup provides dedicated online storage for data backup and archiving.
The service includes:
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Storage space according to the selected plan
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Secure access via FTP/SFTP and a web-based file manager
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Private storage exclusively for the customer (no public downloads or sharing)
The service explicitly does not include:
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Website hosting or application hosting
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Execution of scripts, programs, or applications (PHP, CGI, cronjobs, etc.)
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Database hosting or e-mail services
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Public file sharing, streaming, or mass distribution
The service is provided on a best-effort basis in accordance with the current state of technology.
3. Fair-Use Policy
To ensure stable performance for all customers, a maximum monthly data traffic of 10 TB applies.
If this limit is exceeded, Galaxy GmbH may:
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temporarily throttle transfer speeds,
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offer an upgrade to a higher plan, or
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restrict usage where necessary.
Any form of misuse — including mass distribution, public access to files, streaming, load-testing, or automated scraping — is prohibited.
4. Customer Responsibilities
The customer is solely responsible for:
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the content, legality, and security of all stored data,
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encrypting sensitive or personal data,
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keeping login credentials confidential and secure.
Prohibited are:
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illegal, harmful, or copyright-infringing data,
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malware, spam or botnet activities,
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extremist, violent, or youth-endangering content,
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public file distribution or making files accessible to large audiences.
Galaxy GmbH assumes no responsibility for the accuracy, integrity, or recoverability of stored data.
5. Availability and Maintenance
Service availability is based on current industry standards.
Maintenance work may temporarily limit accessibility.
Guaranteed SLA availability applies only if agreed in writing.
6. Prices, Billing & Payment
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Billing occurs annually in advance.
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Invoices are sent electronically by e-mail.
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Payment is due within 14 days of the invoice date.
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In case of late payment, access may be suspended after prior notice.
The payment obligation remains unaffected.
7. Contract Term and Cancellation
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Standard contract term: 12 months from activation.
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Automatic renewal for additional 12-month periods unless cancelled in text form at least 4 weeks before the renewal date.
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Renewal invoices are sent approximately one month before the next contract period begins.
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All customer data will be permanently deleted no later than 30 days after termination.
8. Right of Withdrawal (Consumers Only)
Withdrawal Policy
Consumers may withdraw from the contract within 14 days without giving any reason.
The withdrawal period begins on the date of contract conclusion.
The withdrawal must be sent to:
Galaxy GmbH
Hohenzollernring 57
50672 Cologne
E-mail: mail@galaxy-gmbh-service.de
Sending the withdrawal within the deadline is sufficient.
Effects of Withdrawal
All payments received will be refunded within 14 days, using the same payment method unless otherwise agreed.
Expiry of the Right of Withdrawal
The right of withdrawal expires if:
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the customer expressly requests immediate activation, and
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Galaxy GmbH has fully provided the service before the withdrawal period ends.
9. Liability
Galaxy GmbH is liable without limitation for intent and gross negligence.
For simple negligence, liability is limited to:
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material contractual obligations (cardinal duties), and
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damages foreseeable at the time of contract conclusion.
In case of data loss, liability is limited to the restoration effort that would have been required if the customer had performed proper backups.
10. Data Protection
The privacy policy published on the provider’s website applies.
11. Dispute Resolution
Galaxy GmbH is willing to participate in consumer dispute resolution procedures.
12. Final Provisions
German law applies.
For business customers, the place of jurisdiction is Cologne, Germany.
If individual provisions of these Terms are invalid, the remaining provisions remain in effect.