Terms and Conditions

1. General – Scope of Application

1.1 These Terms and Conditions apply to all business relationships between the Client and CONSTANTINUS (hereinafter referred to as “we”). These Terms are an integral part of every contract with the Client and also apply to future services and offers, even if the Client does not separately accept them again.

1.2 Terms and conditions set by our clients or third parties do not apply and are not part of the contract, even if we do not specifically object to their application in particular situations.

1.3 We reserve the right to modify our Terms and Conditions, system policies and pricing, with prior notice to the Client via the e‑mail address registered in their contact details.

1.4 The preamble conditions and policies take precedence as stated above.

1.5 Employees and third parties authorized by them may not enter into verbal agreements or provide any verbal guarantees or commitments to the Client.

2. Formation, Duration and Termination of the Agreement

2.1. The contract is formed when the Client places an order and we accept it according to the provisions of point 2.4 of these Terms and Conditions.

2.2. Our offers are subject to change and are non‑binding. We reserve the right to make technical and other changes within reason.

2.3. The Client declares that the data provided in their account is correct and complete and will notify us in writing of any changes within 14 days. The Client must provide proof of the correctness of the data upon request.

2.4. The Client enters a binding contract by submitting the order and accepting the Terms and Conditions. We may accept or reject the Client’s order within 5 business days of receiving it. By simply confirming receipt of the Client’s order, we are not bound to accept the order or the contract it contains.

2.5. Contracts are formed for an indefinite period unless otherwise agreed.

2.6. Either party may terminate the contract with a 30‑day notice until the end of the month, without stating reasons. Different notice periods may apply to the Client depending on the description of the relevant services. The notice can be given in text, letter, fax or e‑mail.

2.7. We reserve the right to terminate the contractual relationship without notice for a serious reason. A serious reason includes, among others, if the Client fails to fulfil payment obligations or breaches other significant client obligations. Another significant reason that may lead to locking or termination of the Client’s services or account without notice is the use of content that affects the normal operation or security of our infrastructure or products.

2.8. If the Client wishes to transfer its contractual rights and obligations to a third party, our consent is required. The Client must submit a written transfer request and we are required to verify the legality of the transferring party and the identity of the third party.

3. Payment Terms and Late Payments

3.1. Depending on the contractual agreement, we issue monthly, quarterly or annual invoices using agreed payment methods. The Client must comply with the terms and conditions of the payment service used for settlement.

3.2. If we allow the Client to make a delayed payment, we reserve the right, even without notice, to charge interest for the delay from the due date.

3.3. The Client must pay all fees and taxes arising from the use of the service or from third parties identified. Billing is exclusively electronic and free. There is an additional fee for postal delivery.

3.4. The Client must comply with any applicable export and import control regulations, especially U.S. regulations and all relevant regulations.

4. Data Protection

4.1. Data processing is carried out in accordance with the GDPR. For more information, please refer to our privacy policy available at: https://constantinus.io/privacy

4.2. If the Client also wants to process third‑party personal data using our services, the Client remains solely responsible under data‑protection law. We process personal data only as executors of processing under Article 28 GDPR, if the Client signs a processing agreement for orders with us. This order‑processing agreement is not automatically entered. We can offer the Client the option to enter an order‑processing agreement through their account if necessary, which is completed by the EU standard clauses if the Client orders products that are located in a third country.

4.3. We warn the Client that we generally cannot determine whether the Client processes personal data. Accordingly, the Client must provide us with necessary information, especially if third‑party personal data are submitted for processing, for what purpose they are processed, and to which categories of data or data subjects they belong. If a processing agreement for orders with the necessary information from the Client is absent, we assume the Client is not processing third‑party personal data through our services and therefore no data‑protection measures will be taken.

4.4. We warn the Client that, given current technology, there is still no universal protection for data transmission on the Internet. The Client is responsible for the safety and protection of all data stored in any of its products.

5. Use by Third Parties

5.1. The Client may grant third parties the right to use any service ordered from CONSTANTINUS. In this case, the Client remains the sole contractual partner. The Client continues to be exclusively fully responsible for compliance with the contractual agreements between us and the Client.

5.2. If the Client transfers the rights to the use of CONSTANTINUS services to a third person, the Client must ensure that all legal and contractual provisions are observed during the transfer. This applies to any changes requiring the cooperation of the third party.

5.3. If the third party breaches contractual obligations or fails to comply with cooperation obligations, the data provided by the third party is incorrect or incomplete, or other problems arise with the granting of usage rights to third parties, the Client takes full responsibility for all resulting damages and additionally indemnifies our company from all claims arising against us from the third party or others.

6. Use of the Services / Content

6.1. The Client is obligated to check and comply with the legal provisions arising from the use of agreed services, especially concerning Telecommunication Law, Media Law, and national and international industrial and intellectual property rights, personal rights, and competition and data protection law requirements. The Client indemnifies our company against all third‑party claims arising from breaches of these obligations.

6.2. The Client must not publish content that violates third‑party rights or otherwise violates existing legislation. This includes, but is not limited to pornographic or indecent material, extremist content, content that insults public decency, gambling material, material that may severely threaten the morals of children or youth, or violate the rights of third parties (copyright, name rights, trademarks, data protection rights). It also includes the publication of defamatory content, insults, or belittling comments toward persons or groups.

6.3. Sending spam is prohibited. This includes especially sending unauthorized, unsolicited advertising to third parties. When sending e‑mails, providing false sender data or spoofing the sender identity is also prohibited. Apps for cryptocurrency mining, farming or plotting are prohibited. In case of non‑compliance, we reserve the right to lock the Client’s access to services or account.

6.4. If we detect illegal activity, we are obliged under Article 6 paragraph 1 of the Digital Services Act to request the Client to immediately remove the illegal content, and we have the right to lock the Client’s access to services or account.

7. Liability

7.1. The Client uses CONSTANTINUS services at its own risk. Our company is liable for indirect damages only in cases of fraud or gross negligence, but not for loss of profits. For non‑intentional breaches that are not due to gross negligence, we are liable for the typical damage for this type of contract, up to a maximum of 100% of the monthly value of the Client’s product lease.

7.2. If the Client violates the content obligations in Section 6, especially regarding legal prohibitions and violations of public decency, the Client is responsible to compensate our company for all immediate or indirect damages. The Client also must indemnify us for third‑party claims – regardless of the legal basis – arising from the Client’s actions or appointed third parties. Indemnification includes all legal defense costs.

8. Right of Lien

8.1. The Client grants CONSTANTINUS a lien on equipment installed by the Client or third parties at the data centre to protect unpaid debts arising from the contractual relationship. We retain the right to exercise the lien after notifying the Client of unpaid debts within 10 business days of receiving the selling notice. Any excess value resulting from the sale is paid to the Client.

9. Cancellation Policy

9.1. The Client has the right to cancel this agreement within 14 days of its completion without giving reasons. To exercise this right, the Client must notify CONSTANTINUS by phone +30 698 704 0509 or e‑mail info@constantinus.io with a clear statement (e.g. letter or e‑mail) of the decision to cancel. The Client may use the cancellation template, but it is not mandatory.

9.2. Cancellation procedure: If the Client cancels, we will refund immediately or at the latest within 14 days from receipt of the cancellation notice all payments received from the Client, including shipping costs (except additional charges arising from the Client’s choice of a different shipping type). The refund will be made by the same payment method used in the original transaction, unless otherwise agreed. No fees will be charged for this refund. If the cancelled item is a service that has already started at the time of cancellation, we will invoice the Client for the proportional amount.

10. Dispute Resolution

The EU Commission provides an online dispute resolution platform (ODR) at https://ec.europa.eu/consumers/odr. We are neither willing nor obliged to participate in dispute resolution before a consumer arbitration body.