Legal

Terms and Conditions (T&C) for Bobardt Enterprises Inc.

1. Introduction

These Terms and Conditions (“T&C”) govern the use of the hosting and IT services provided by Bobardt Enterprises Inc. (hereinafter referred to as “Company,” “we,” or “us”). These terms apply to customers in the United States of America (USA) and the European Union (EU), with specific provisions applicable to each jurisdiction.

Bobardt Enterprises Inc.
4321 W. College Avenue, Suite 200
Appleton, Wisconsin 54914
USA
Email: info@bobardt-enterprises.com
Phone: +1-920-806-0263

2. Service Description

Bobardt Enterprises Inc. provides the following services:

• Web hosting, cloud hosting, and server management

• IT support and consulting services

• Software development and maintenance

• Data backup, cybersecurity solutions, and compliance consulting

• Domain registration and management

• Dedicated and virtual private server (VPS) hosting solutions

3. Contract Formation

• The contract between the customer and Bobardt Enterprises Inc. is formed upon the customer’s order and our subsequent confirmation.

• For EU customers, a 14-day right of withdrawal applies in accordance with applicable consumer rights.

• For business customers, the right of withdrawal does not apply unless explicitly agreed upon.

4. Pricing and Payment

• All prices are listed in USD/EUR and include applicable taxes where required by law.

• Invoices must be paid within the period stated on the invoice.

• Late payments may result in interest charges and additional fees.

• Failure to pay outstanding invoices may lead to service suspension or termination.

• Subscription-based services will be automatically renewed unless canceled before the billing cycle ends.

5. Customer Responsibilities

• Customers must keep their login credentials secure and not share them with third parties.

• Services may not be used in violation of applicable laws, regulations, or third-party rights.

• Customers are responsible for the content stored on their servers or hosting packages.

• Customers must ensure that their use of services does not infringe upon intellectual property rights or engage in illegal activities, including but not limited to fraud, data breaches, or distribution of malicious software.

• Customers agree to comply with all Digital Millennium Copyright Act (DMCA) requirements when using our services.

6. Data Protection and Security

• We comply with the California Consumer Privacy Act (CCPA) in the USA and the General Data Protection Regulation (GDPR) in the EU.

• Personal data is processed solely for the purpose of providing our services and in accordance with legal requirements.

• Further details on data processing can be found in our Privacy Policy: 

• We employ industry-standard encryption and security protocols to protect customer data, but customers are also responsible for securing their own accounts.

• We do not sell customer data to third parties.

• Customers acknowledge that third-party service providers may be used to provide some aspects of the service (e.g., data centers, cloud storage providers), and Bobardt Enterprises Inc. is not responsible for breaches occurring at third-party service providers.

7. Disclaimer of Liability and Limitation of Damages

• We are not liable for indirect damages, lost profits, or data loss unless caused by gross negligence or willful misconduct.

• In the USA, liability is limited to the amount paid for the respective service.

• In the EU, liability is governed by statutory provisions, particularly in cases of intent or gross negligence.

• We are not responsible for service interruptions due to force majeure, such as natural disasters, cyberattacks, or government actions.

• Under no circumstances shall Bobardt Enterprises Inc. be liable for punitive damages, incidental, consequential, or exemplary damages, except where prohibited by law.

• Any claims for damages must be brought within one (1) year from the date the cause of action arises, as permitted under Uniform Commercial Code (UCC) Section 2-725.

• Customers agree to indemnify and hold harmless Bobardt Enterprises Inc., its affiliates, and employees from any claims, damages, or liabilities arising from the misuse of the services.

• Bobardt Enterprises Inc. is protected under Communications Decency Act (CDA) Section 230, meaning we are not liable for third-party content hosted on our servers.

• NO WARRANTY CLAUSE: ALL SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

8. Service Level Agreement (SLA) & Uptime Guarantee

• Bobardt Enterprises Inc. guarantees 99.9% uptime for hosting services, excluding scheduled maintenance and force majeure events.

• In cases where the uptime guarantee is not met, customers may be eligible for service credits as defined in our SLA policy.

• The company does not guarantee uninterrupted access and is not responsible for downtime caused by customer negligence, hacking attempts, or software malfunctions outside of its control.

9. Contract Duration and Termination

• Contracts may be terminated with 30 days’ notice at the end of the month unless otherwise agreed.

• Bobardt Enterprises Inc. reserves the right to terminate the contract without notice in case of a violation of these T&C.

• In case of termination due to breach of contract, no refunds will be issued.

• Customers who repeatedly violate copyright policies (e.g., under DMCA violations) may have their accounts terminated without prior notice.

10. Governing Law and Jurisdiction

• For customers in the USA, the laws of the State of Wisconsin apply.

• For customers in the EU, the laws of the Federal Republic of Germany apply.

• Consumers residing in the EU may bring claims in their place of residence.

• Disputes will first attempt to be resolved through mediation before legal proceedings.

• Any disputes arising under these Terms and Conditions shall be resolved through binding arbitration in the State of Wisconsin, in accordance with the rules of the American Arbitration Association (AAA).

11. Final Provisions

• If any provision of these T&C is found to be invalid, the remainder of the contract remains in effect.

• The invalid provision shall be replaced by a valid provision that best reflects the economic intent of the invalid one.

• Amendments to these T&C require written consent unless otherwise stipulated by law.

Last Updated: February 2025

Bobardt Enterprises Inc.
4321 W. College Avenue, Suite 200, Appleton, Wisconsin 54914