Terms of use of the IONOS partner programmes

Preamble

IONOS Cloud Ltd. ("IONOS") offers the company you represent ("Partner") (together "Parties") the opportunity to purchase and use IONOS products on the basis of the respective General Terms and Conditions ("GTC") and to offer, manage and distribute them to third parties in its own name subject to the following terms and conditions as part of the IONOS partner programmes. The GTC applicable to the respective products are available under the respective navigation point on the website https://www.ionos.co.uk/terms-gtc/terms-and-conditions/.

The following terms and conditions come into force when the Partner clicks the “Complete registration” button or a checkbox that is displayed during the registration process or adds its electronic signature to the terms and conditions and IONOS has checked and approved the Partner's details.

1. Definitions

1.1 The "IONOS Partner Programmes" are business models between companies and IONOS to enable the partner to conclude or manage contracts with end customers or to generate sales with end customers or customers for the benefit of IONOS.

1.2 “IONOS Products" are the IONOS Services available to the Partner as part of the IONOS Partner Programmes. These are determined by the availability in the Partner Portal or on the IONOS Cloud price list (available at https://cloud.ionos.co.uk/prices/).

1.3 “End customers" are the contractual partners of the partner. The end customers must not be consumers within the meaning of Section 13 BGB.

1.4 “Customers" are to be understood as contractual partners of IONOS. Customers must not be consumers within the meaning of Section 13 BGB.

1.5 "Individual Contracts" are the contracts with IONOS for the IONOS Products, which are concluded on the basis of the respective General Terms and Conditions.

1.6 "End customer contract" is a contract between the Partner and its end customer in which the Partner sells the individual contracts concluded as stand-alone contracts and/or in combination with additional service offerings (e.g. Managed Services and/or SaaS/PaaS) in its own name and for its own account.

1.7 The parties agree that the exclusive "contractual territory" is currently defined as the region of the United Kingdom. This contractual territory can be extended by mutual agreement through contractual amendments.

1.8 "Partner portal" is a platform provided by IONOS for the partner to present itself independently and to conclude and manage individual contracts.

2. Advantages and contents of the IONOS Partner Programme

2.1 IONOS grants the Partner free participation in the IONOS Partner Programme. Participation authorises the Partner as a non-exclusive partner to use the Partner Portal and to independently purchase, market, manage, promote and sell IONOS products to end customers and clients. The relevant programme descriptions on the website apply to the use of the partner portal.

2.2 When selling end customer contracts, the Partner is obliged to point out that these are IONOS products or that its customised solution includes IONOS products. The end customer shall have no rights or obligations vis-à-vis IONOS. In particular, IONOS shall not provide any support for end customers.

2.3 Upon conclusion of the individual contracts (subcontracts), the Partner shall transmit the end customer's data, consisting of the company name and registered office. If these are only known after conclusion of the contract, the Partner shall transmit them immediately. The Partner represents and warrants that it has all necessary consents for the transmission of the end customer's data, in particular to share them with IONOS and to be able to process and use them for the purposes described in the Privacy Policy (https://www.ionos.co.uk/terms-gtc/data-processing-agreement/). IONOS may request proof of this.

2.4 The parties grant each other the non-exclusive right to use the company name, the logos provided and other advertising materials ("Materials") in their respective valid form for the measures approved by the other party. This right is non-transferable, non-sublicensable, royalty-free and limited to the contractual territory. The right of use is to be exercised for a specific purpose and in compliance with the current style guide. Materials provided by the partner may be used for similar purposes without the approval of the measure.

2.5 The parties undertake to indemnify each other upon written request against all claims by third parties due to the infringement of their rights as well as the resulting obligations, damages, costs and reasonable expenses (in particular claims for damages, court, lawyer and warning costs) arising from or in connection with the use of the logo or company name or the naming as a reference. The parties shall inform each other of any claims asserted by the third party without prior acknowledgement of the alleged infringement vis-à-vis the third party.

3. Entry into force and term of contract

3.1 The terms and conditions shall take effect on the effective date. These agreements may be cancelled in accordance with the following provisions.

3.2 Each party is entitled to terminate these provisions at any time without giving reasons. If the agreement is cancelled, all content or data that the partner has entered in the partner portal will be lost and cannot be restored.

3.3 Cancellation by both parties must be in text form (email, partner portal) to be effective. Cancellation by IONOS shall be made by e-mail to the contact details provided by the Partner in the portal.

3.4 Cancellation of this agreement shall have no effect on the term and existence of the individual contracts concluded for the IONOS products.

4. Changes

IONOS reserves the right to change or discontinue the IONOS Partner Programmes or the Partner Portal in whole or in part at any time. IONOS also reserves the right to amend this Agreement. IONOS shall notify the Partner of the changes or discontinuation in text form within a reasonable period before the planned effective date.

5. Independence

IONOS and the Partner are independent contractual partners. Participation in the IONOS Cloud Partner Programme or use of the Partner Portals does not constitute a joint venture or employer-employee or franchisor-franchisee relationship or similar.

6. NDA

The parties undertake to treat all confidential information and trade secrets of the other party and/or its (end) customer (in particular leads or in the case of subcontracting), which the other party makes accessible to the other party, as confidential for an unlimited period of time and to use them only within the scope of the agreed purpose.

T&C