By using any of our services and products (we refer to these simply as "Services"), you acknowledge our following Terms of Service as legal binding agreement between you, or the organisation on whose behalf you are acting, and SHORELESS Limited ("SHORELESS"). Please read them carefully.
As our Services are very diverse, sometimes additional agreements, software licenses, terms or requirements may apply. They will be available with the relevant Services or individually negotiated according to your requirements. Any those additional agreements and terms become part of your agreement with us, if you use such Services.
Table of Contents
- Scope of Contracts, Validity and Alterations
- Quotation and Conclusion of Contract / Binding Force of the Order
- Service Descriptions in Websites, Catalogues and Advertisements
- Custom Software Development
- Non-Availability of Services after Contract Conclusion, Force Majeure
- Duration of Fixed-Term Contracts
- Prices and Payment Terms
- Copyright and Use
- Warranty, Maintenance and Changes
- SHORELESS, Affiliates and Agents
- Final Provisions
- Hardware and Software Leasing
- Web Hosting and Cloud Services
1.1 Scope of Contracts, Validity and Alterations
These General Terms of Service (hereinafter referred to as "ToS") of SHORELESS Limited ("SHORELESS") shall apply to all business relationships with customers who are entrepreneurs, a legal person under public law or special funds under public law ("Client").
These ToS shall be valid in particular for contracts concerning consulting and software development services, the sale and/or the supply of software, web hosting and cloud services, as well as software and hardware leasing (collectively referred to as "Services"), irrespective of whether SHORELESS provides the Services itself or obtains them from third-party business partners or suppliers. They shall be applicable also in their respective version and provisions for future contracts concluded with the same Client, without SHORELESS having to expressly refer to the ToS in every single case. SHORELESS shall promptly notify the Client of any changes to the ToS.
These ToS apply exclusively. Any deviating, contradictory or supplementary general terms or conditions of the Client shall become a contractual part only, if and to the extent that SHORELESS has expressly consented in writing.
Individual agreements made with the Client in individual cases take precedence over these ToS. The content of such agreements is subject to a written agreement or SHORELESS's written confirmation.
Legal statements and notices which are to be given to SHORELESS by the Client after the conclusion of the contract (such as setting of deadlines, notifications of defects, withdrawal declarations, etc.) require the written form to be effective.
1.2 Quotation and Conclusion of Contract / Binding Force of the Order
Quotations of SHORELESS shall, especially regarding prices, quantities, delivery deadlines, availability and ancillary services, be subject to change and non-binding, unless they are expressly marked as being binding or show a defined deadline of acceptance. This shall be applicable also, if and when SHORELESS has provided the Client with technical documentations (such as plans, calculations, etc.), software prototypes, test software and other product descriptions or documents. SHORELESS shall retain all rights including, but not limited to, title and copyright in regard to all information and documents made available to the Client.
An order placed by the Client by phone, email, fax, mail, or similar means of communications shall be considered a binding contractual offer. SHORELESS shall reserve the right to accept this offer within 14 days in order to check the current availability of the Services ordered. Confirming receipt of the order by email, fax or phone shall not be deemed to conclude the contract. The offer of the Client shall not be accepted and the contract shall not be concluded until SHORELESS sends an explicit order confirmation by email, fax or mail, or executes the contract within the acceptance period.
1.3 Service Descriptions in Websites, Catalogues and Advertisements
Information provided by SHORELESS on its standard Services and their presentation (e.g. images, test software, prototypes, practical values and other Service descriptions) on the websites of SHORELESS, in catalogues, and in advertising media shall be deemed approximately authoritative only, unless its applicability for the contractually envisaged purpose requires precise conformity. Such presentations are not guaranteed characteristics and features, but rather general descriptions and labels that may change at any time.
1.4 Custom Software Development
The basis for Custom Software Development Services is the written Software Features Description and according Acceptance Criteria, which may be provided by the Client or created by SHORELESS within the scope of its paid consulting services. The Client shall have to inform SHORELESS in a comprehensible way about the softwares' envisaged purposes of use, technical requirements, possible special features required and, as the case may be, give a special processing instruction of the workflows the software may support. The information furnished by the Client shall authoritatively determine the Software Features Description and Acceptance Criteria, and thus the nominal condition of the custom-made Software.
Custom-made Software and Software customizations require a written Acceptance Declaration not later than 14 days after SHORELESS delivered the Software to the Client for testing. The Client is responsible for conducting any testing of the delivered Custom Software subject to the Software Features Description and any applicable Acceptance Criteria agreed on by the Client and SHORELESS before the tests take place. If the Client fails to test the Custom Software within these 14 days, the tests will be deemed to have occurred and the Custom Software accepted by the end of the 14 days period. Unless otherwise agreed on, the Client shall not use the Custom Software before its acceptance except to complete the tests. If the Client uses the Custom Software in live commercial use, acceptance of the tests will be deemed to have occurred.
Within the scope of Agile software development, the client may have to review project progress and accept single features out of the Software Features Description at the end of each identified development cycle, which may occur at a shorter frequency of not less than seven days. For this purpose, SHORELESS will deliver an usable and testable Software increment, and shall inform the Client about the completion of such Software increment and the required period of examination. If the Client does not review the functionalities of the Software increment within the examination period, and SHORELESS needs to temporarily suspend its development work while waiting for according feedback, upon agreed on delivery or performance due dates shall be extended by the period of the interruption plus an appropriate start-up period.
SHORELESS will use any commercially reasonable efforts to promptly resolve any defects and deficiencies. If the Client reasonably determines a delivered Custom Software does not materially comply with the Software Features Description, it must provide its reasons to SHORELESS in writing within 14 days of the software being made available for Client testing, and a new Acceptance Declaration is required after the deficiencies have been resolved. The Client is not entitled to reject the Acceptance of Custom Software due to minor defects.
1.5 Non-Availability of Services after Contract Conclusion, Force Majeure
If after contract conclusion it becomes apparent that the ordered Services are not available at SHORELESS, due to the lack of being supplied itself with additional components, services or information, SHORELESS shall be entitled to cancel the contract, unless it will be in a position to obtain a replacement within a reasonable time. SHORELESS shall inform the Client that the Services will not be available on time and execute the intended cancellation promptly. In the case of cancellation, return services rendered by the Client shall be reimbursed without delay.
SHORELESS shall not be liable for impossibility of delivery or for other delivery delays, if these have been caused by Force Majeure or other events unforeseeable at the time of the contract conclusion which SHORELESS is not responsible for (e.g. operating disruptions of all kinds, difficulties in procuring components or power, transport delays, strikes, lawful lockouts, etc.). If such events significantly obstruct the delivery or service on the part of SHORELESS or render them impossible, and if the obstruction is not of a transient nature, SHORELESS shall be entitled to withdraw from the contract. If the delay is perceived to be of a transient nature, the delivery or supply period is deemed to be extended by the same period as the obstruction plus an appropriate start-up period.
The rights of the Client under section 1.10 of these ToC and SHORELESS's legal rights shall, especially in the case of the exclusion of the performance obligation (impossibility or unreasonableness of performance and/or supplementary performance) remain unaffected.
1.6 Duration of Fixed-Term Contracts
Fixed-term contracts for software development and consulting services, the use of cloud services, as well as for software and/or hardware leasing, come into effect upon the signing of the Client and SHORELESS, or the commencement of the Service by SHORELESS upon receipt of the Clients' order.
Unless otherwise agreed in writing, contracts for the use of web hosting and cloud services, as well as for software and/or hardware leasing ("Fixed-Term Contracts") shall be concluded for one year ("Basic Term"), and shall be automatically renewed every year for an additional year ("Renewal Term"), unless and until the Fixed-Term Contract has been terminated in writing by the Client or SHORELESS with a term of notice of one month to the end of the Basic or Renewal Term. Any and all applicable charges and fees of SHORELESS shall be non-refundable and are due and payable by the Client upfront in advance.
Each contractual partner is entitled to terminate a Fixed-Term Contract prematurely in writing and without term of notice for important reasons. An important reason is in particular, if the respective other contractual partner, in spite of a written warning and threat of termination, violates essential obligations arising from the contract, or if any proceeding for insolvency or bankruptcy is instituted by or against the contracting partner, or equivalent proceedings provided by the laws applying to his business are initiated or rejected for lack of assets, or the services of the other party have been suspended for a period of more than three months as a result of force majeure.
SHORELESS is also entitled to terminate Fixed-Term Contracts prematurely if important parameters of the Services have changed and SHORELESS can no longer be expected to continue the Services from an economic point of view.
1.7 Prices and Payment Terms
Unless otherwise agreed in specific instances, the applicable SHORELESS Service Fees, Prices and Rates in effect at contract conclusion shall apply. Unless otherwise indicated, the service fees, prices and rates are net prices and do not include any applicable export fees (for example, customs and other fees), taxes, or shipping and delivery costs which may arise.
Unless otherwise agreed and in occurrence of changed prices for raw materials (for example, software license fees, copyright material, hardware, etc.), wages, costs of distribution, currency exchange rate changes, or other costs and charges, reasonable price changes to SHORELESS Service Fees, Prices and Rates shall remain reserved for Services rendered six months or more after contract conclusion. In case of such price change exceeding more than 20% p.a., the Client shall have the right to withdraw from the contract. Price changes of less than or equal to 20% per year shall be deemed accepted by the Client automatically.
For financing purposes SHORELESS shall have the right to assign due claims against the Client to a factoring company, payment providers, or debt collection agencies. In such a case, the assignment will be notified of in the invoice or late payment notices. In such event, the Client shall be obliged to make the payments solely to the payee stated in the invoice or late payment notices. Any such payments rendered to SHORELESS may not be considered a fulfillment of the Clients' payment obligations.
Unless otherwise agreed in writing, full payment shall be due immediately upon receipt of any invoice from SHORELESS and has to be conducted not later than 14 days from due date without deduction.
The Client is in default of payment 14 days after receipt of the invoice, without the need for an additional reminder by SHORELESS. Defaulting amounts are subject to a late payment fee of 10% p.a., but not less than HKD 125.00 per dunning procedure. SHORELESS reserves the right to assert further damages caused by payment delays and to refer payments that are overdue for more than 21 days to a debt collection agency. All costs and fees incurred to recover the owed amounts are payable by the Client.
In the event of non-compliance with two installments for partial payments, SHORELESS is entitled to assert term loss damages and set all current contracts of the Client due.
SHORELESS incurs expenses prior to invoicing the Client. The Clients' compliance with agreed payment dates and SHORELESS's terms of payments constitutes an essential condition for the delivery of Services or fulfillment of contracts by SHORELESS. Failure to comply with the agreed payments entitles SHORELESS to postpone or cease the ongoing work on all contracts with the Client and to withdraw from the contracts. Project due dates will be extended in line with related postponement times plus appropriate start-up periods. All associated costs and an eventual loss of profits are payable by the Client.
The Client is not entitled to withhold payments due to partly delivered product and software increments, warranty claims, or minor defects and complaints.
1.8 Copyright and Use
Unless otherwise agreed, all copyrights to Services provided by SHORELESS, in particular to custom software created, plugins, add-ons and extensions for standard software, specifications, documentation, etc., is reserved to SHORELESS or its licensors.
After payment of the applicable fees, prices and rates, the Client receives the exclusive right to use these Services for the upon agreed purposes and - if applicable - to the extent of the acquired number of licenses for simultaneous use in several workplaces, server environments or in several programs. The Client only acquires a right of use.
Without the explicit written approval of SHORELESS or according written agreements between SHORELESS and the Client, any dissemination of SHORELESS Services and products by the Client, whether for commercial purposes or free of charge, as well as the re-use in third-party products is forbidden under copyright law.
The Clients' involvement in Custom Software Development does not give rise to any rights beyond the use specified in the contract.
Any infringement of SHORELESS's copyrights will result in claims for damages, in which case the perpetrator will be held fully responsible.
The Client is obliged to take suitable precautions in order to protect SHORELESS's copyrights and prevent unauthorized third parties from access to and use of delivered hardware and software, associated material and other immaterial components.
1.9 Warranty, Maintenance and Changes
SHORELESS guarantees that the Services provided by SHORELESS have been created and prepared with the necessary care and expertise. However, the Client acknowledges that according to the current state of the art, the complete exclusion of defects and software errors is not possible.
Notifications of defects and errors relating to software and/or hardware supplied by SHORELESS are valid only, if they are well-documented in writing and relate to defects and errors reproducible by SHORELESS.
In the case of warranty, correction and improvement take precedence over price reduction or conversion. In the case of a justified complaint, the defects or errors are remedied within a reasonable period of time, whereby the Client allows SHORELESS all necessary measures for their investigation and correction. The presumption of defectiveness is excluded.
If SHORELESS is not able to reproduce a defect or error, or the Client does not fulfill its obligation to cooperate in their analysis to the extent required by SHORELESS, then SHORELESS is not required to remedy the defect or error.
Furthermore, SHORELESS assumes no responsibility for errors, malfunctions or damage resulting from improper use, changed system components, non-certified third-party software, changed interfaces and parameters, use of unsuitable means of hardware, storage media and environment settings where such are prescribed, or any other abnormal operating conditions.
Software and/or hardware created and/or supplied by SHORLESS is not designed for applications where software errors or errors in data processing with the supplied software and/or hardware could lead to death, personal injury, or serious material or environmental damages.
The Client agrees to accept responsibility to check software and/or hardware delivered by SHORELESS for their suitability, appropriateness and fitness for the intended use, and to indemnify SHORELESS from any claims and actions of third parties that are founded in the non-suitability or non-appropriateness of the software and/or hardware and the data processed with it.
The burden of proof reversal shall be excluded, so that SHORELESS is not obliged to proof its innocence for defects and errors.
In accordance with the statutory provisions, SHORELESS shall be liable for damages resulting from Services provided by SHORELESS only, if intent or gross negligence is proven. Liability for slight negligence is excluded.
Compensation for consequential damage, pecuniary loss (both genuine and non-genuine pecuniary loss) and the reimbursement of indirect damage is excluded to the extent permitted by law. This includes, among others, the following damages (the list is exemplary, but not complete):
- not achieved savings,
- loss of interest gains,
- damage from third party claims,
- lost profits,
- costs associated with business interruptions, or
- damage and costs due to data loss.
Under no circumstances, SHORELESS shall be liable for damages arising from events unforeseeable (e.g. "Force Majeure") or of which SHORELESS is not responsible for (e.g. operating disruptions of all kinds, difficulties in procuring components or power, transport delays, strikes, lawful lockouts, etc.).
Justified claims for damages of the Client can only be asserted in court within six months after knowledge of the damage, but at the latest within two years after the event giving rise to the claim.
The Client has to prove that the damage was caused by SHORELESS.
SHORELESS has taken all reasonable precautions to ensure that the data and/or information displayed in the software solutions supplied is accurate and correct. However, SHORELESS assumes no warranty and/or liability for material or legal defects of the data and/or information, in particular not for their correctness, freedom from errors, usability and/or freedom from third party rights.
The liability for the loss of data is not entirely excluded. However, the liability for the restoration of the data is limited to a maximum of 10% of the contract sum, but a maximum of HKD 5,000.00 per claim. For whatever legal reason, SHORELESS shall not be liable for any warranty claims and claims for damages other than those specified in these ToS.
SHORELESS takes all reasonable measures and precautions to protect the data and information of the Client stored at the locations of SHORELESS and its affiliates against the unauthorized access of third parties. SHORELESS, however, does not warrant and/or accept any liability whatsoever for third parties to unlawfully gain access to the data and information, for example, to steal, alter, or delete the Clients' data through the SHORELESS network, enter the Clients' networks, and/or distribute viruses or other malicious software through SHORELESS's servers.
The Client acknowledges that it is not possible to create completely error-free software. Therefore and to the extent permitted by law, SHORELESS shall not be liable for damages and consequential damages of whatever nature caused by programming errors, such as, for example, incorrectly prepared and processed data.
The Client authorizes SHORELESS to include his name or company name and company logo in a reference list, which may also be published on the SHORELESS Websites. This consent can be revoked at any time in writing.
1.12 SHORELESS, Affiliates and Agents
SHORELESS Limited / 無界科技有限公司 ("SHORELESS") is a private limited liability corporation headquartered in Hong Kong SAR, Room 2302, 23/F Lee Garden Two, 28 Yun Ping Road, Causeway Bay.
SHORELESS is supported worldwide by numerous vicarious agents and partner companies (hereinafter referred to as "Affiliates"). The Affiliates are solely for internal support in favor of SHORELESS. They have no authority to represent SHORELESS or to conclude a contract for, or on behalf of SHORELESS. The Affiliates do not operate as SHORELESS's process and service agents, nor are they authorized to do so. Except for the registered office in Hong Kong, SHORELESS does not accept any seat in any place or office in the world, including the offices of its Affiliates.
1.13 Final Provisions
Unless otherwise agreed and to the fullest extent permitted by law, these General Terms of Service and any contract and business relationship based upon its provisions are governed exclusively by the law of the Hong Kong Special Administrative Region, without regard to the conflict of law provisions thereof, even if the contract is carried out abroad.
To the fullest extent permitted by law, the Client expressly agrees, that any proceeding arising out of or related to Services provided by SHORELESS shall be instituted in the responsible courts in the Hong Kong Special Administrative Region. If law enforcement regulations within the Clients' jurisdiction require any such proceeding to be settled within the Clients' jurisdiction, SHORELESS may to its sole discretion choose to institute any such proceeding within the jurisdiction of the Client. No matter the final jurisdiction, the Client expressly waives any objection now or thereafter to the laying of the venue or the jurisdiction of any such proceeding.
If any provision of these ToS is found to be invalid, illegal or unenforceable in any respect for any reason by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity, legality and enforceability of the remaining provisions of these ToS, which shall remain in full force and effect. No waiver of any of these ToS shall be deemed a further or continuing waiver of such term or condition or any other term or condition. The parties to the contract shall replace the ineffective or non-binding provision by an effective and binding provision within the framework of the statutory provisions which, in view of the content and purpose of these ToS, has as much effect as the ineffective, unenforceable or non-binding provision.
To the fullest extent permitted by law, the controlling language for these ToS is English. Any translation not stating otherwise has been provided for the Clients' convenience only. In the event of disputes, contradictions or deviations between the English version and the version in any other language, the English version is legally binding. To the Clients' request, SHORELESS will provide a copy of the English version of the ToS.
2 Hardware and Software Leasing
2.1 Lease Object
SHORELESS provides the respective agreed hardware including associated software (hereinafter referred to as "Lease Object") to the lessee for the specified contract period. For the entire duration of the contract, SHORELESS commits to the lessee the obligation to eliminate defects in the Lease Object. For this purpose, individual hardware components of the Lease Object are exchanged a maximum of two (2) times a year.
If during ongoing operation the Lease Object proves to be unsuitable to the lessee due to unforeseeable circumstances (for example special environmental conditions), SHORELESS is entitled to terminate the lease prematurely and without notice. The lessee will be refunded in advance paid leasing costs aliquot.
The lessee is entitled to use the Lease Object exclusively in the configuration delivered to him. If the lessee attaches devices of other manufacturers to the Lease Object provided by SHORELESS, the warranty of SHORELESS extends to the interface of the Lease Object only.
For operational use, the Lease Object is to be installed exclusively in closed and locked cabinets and connected to an uninterruptible power supply (UPS). The Lease Object is designed for a maximum ambient temperature of 40°C. SHORELESS accepts no liability for errors and malfunction arising as a result of improper use, changed system components, non-certified third-party software, changed interfaces and parameters, use of unsuitable means of attached devices, storage media and environment settings where such are prescribed, or any other abnormal operating conditions caused by the lessees' handling of the Lease Object.
The lessee is not entitled to change the Lease Object or any of its pre-configuration. In the case of such changes, the lessee bears all costs incurred for the restoration of the delivery condition.
The lessee will be granted to use and house the Lease Object for a limited period of time only, but not ownership in the Lease Object. The Lease Object remains the property of SHORELESS. With the takeover by the lessee or his agent, risks and perils with regard to the Lease Object transfer to the lessee.
The lessee is not entitled to transfer the use of the Lease Object to a third party. A transfer of the Lease Object to another than the agreed place of use is prohibited without the written consent of SHORELESS.
SHORELESS is entitled to take appropriate technical measures to protect the Lease Object against non-contractual use.
2.2 Duties of the Leaser
The lessee agrees to ensure the intended use of the Lease Object through appropriate technical and organizational measures. In any case, the Lease Object must be effectively secured against unauthorized start-up. The lessee is obliged to take precautions and protective measures to ensure that the Lease Object is not exposed to unauthorized third parties.
The lessee must immediately inform SHORELESS, if the Lease Object has been lost or damaged. The lessee is liable for any loss or damage to the Lease Object, unless they are due to normal wear and tear when used as intended. SHORELESS is also to be informed, if third parties assert any rights to the Lease Object or if enforcement is pursued.
The lessee is obliged to safeguard the Lease Object during the leasing period and to protect it from weather and theft. The lessee is advised to take out appropriate insurance.
At any time, the lessee is obliged to provide SHORELESS with information about the location and the type of use of the Lease Object. SHORELESS may inspect the Lease Object at any time. The lessee is obliged to allow the investigation and to allow access to the place of use or the Lease Object and to take necessary technical measures or to obtain a necessary permission from third parties.
The lessee must immediately report any disturbances of the Lease Object, stating the device number, device type and type of fault. The lessee is obliged to document faults in such a way that they can be verified. Furthermore, the lessee must allow sufficient time for maintenance work and in these, as far as necessary, even participate (demonstration of errors, access to the Lease Object, etc.).
At the end of the contracted leasing period, the lessee is obligated at his expense and risk to return all leased equipment provided to him to SHORELESS.
3 Web Hosting and Cloud Services
Subject to compliance with these terms and applicable laws, the Client has the right to access and use the SHORELESS Web Hosting and Cloud Services.
3.2 Scope of Services for Webhosting and Cloud Services
By purchasing the ordered licenses and rights of use, the Client may use the hosting and/or web applications ("Server Resources") of SHORELESS in the scope of the acquired licenses and for the duration of the contract.
For the duration of the contract, and in addition to the right to use the Server Resources during the term of the contract, the Client also acquires the right to the following Services that SHORELESS provides to the Client:
- Securing the Clients' databases to the contracted extent and keeping the backups in two separate locations.
- Restoration of the Clients' database backups in case of need (e.g. server swap, deleted or manipulated data due to hacker intrusions, etc.).
- Maintenance of the Server Resources and the software used. SHORELESS ensures to keep the operating system and software used to operate the Clients' web applications up-to-date, so that the web applications are as stable and secure as possible.
- Technical support via email. Questions related to our Server Resources are answered by SHORELESS via email and its support channels.
- SHORELESS ensures to protect the Clients' data as best as possible with state-of-the-art security concepts. Data of the Client is encrypted during its transmission to and between SHORELESS Server Resources. The Server Resources are protected by a firewall against attacks by hackers.
With the order, the Client confirms his knowledge about the functional scope of the ordered Server Resources, as the Client was able to get an adequate picture of the functional scope within a trial period or previous product presentation. By concluding the contract, the Client is entitled to use the Server Resources "as-is" in their most current form.
3.3 Availability and Response Times
SHORELESS strives to keep the Server Resources available at all times; however, occasional service interruptions and outages due to maintenance or unusual usage of our Server Resources can not be avoided entirely.
The Client acknowledges that a 100% availability of all Server Resources is technically not feasible. However, SHORELESS strives to keep Server Resources as constant as possible. In particular, maintenance, security or capacity issues, as well as events beyond the control of SHORELESS (such as interference with public communications networks, power failures, interference with internet service providers, network congestion of the Internet, governmental interference, etc.) may apply temporary disruption or temporary cessation of Server Resources.
During regular working hours, SHORELESS endeavors to provide information and reply to Client support requests within a delay of not more than 24 hours. However, for organizational reasons SHORELESS can not guarantee reaction times.
If required and to the request of the Client, SHORELESS endeavors to manually recover backed-up Client data within one working day. For organizational reasons SHORELESS can not guarantee reaction times.
The frequency of data backups is at the discretion of SHORELESS and the backup cycles and retention times agreed with the Client. There can be no assurance that web applications and data will always be restored to their last state, but may only be restored to their last saved state.
3.4 Rights of the Client to his Data
By transmitting copyrighted or otherwise proprietary data to the Server Resources of SHORELESS, the Client grants SHORELESS and its web hosting Affiliates free of charge the necessary, non-exclusive, worldwide and indefinite rights, to use this data within the necessary scope for the purpose of operating the Server Resources and providing its Services. For example, for SHORELESS to provide the Server Resources and its Services, the data must be transferred to, stored on and hosted by servers owned by SHORELESS and/or server hosting providers. The right of use therefore includes in particular the right to reproduce the contents technically.
Upon conclusion of the contract, the Client consents that the data from his business case may also be transmitted to Affiliates and subcontractors who are involved in the execution of his order, for example to a server hosting provider or data backup centers.
3.5 Confidentiality in Web Hosting and Cloud Services
Each party to the contract warrants to the other that all business secrets brought to its knowledge by the other in connection with the contract and its execution will be treated as such and not made accessible to third parties, unless they are generally known, or the recipient has previously been given no obligation to maintain secrecy, or have been disclosed to the recipient by a third party without a secrecy obligation, or have evidently been developed independently by the recipient, or are to be disclosed on the basis of a final administrative or judicial decision.
Subcontractors affiliated with SHORELESS shall not be regarded as third parties in the sense of secrecy insofar, as they are subject to a comparable confidentiality obligation with SHORELESS.
The Client is expressly prohibited from providing access data, screenshots, printouts, source codes or other Server Resources-related information to companies that are in competition with SHORELESS. This applies to the duration for trial periods and product demonstrations, as well as for the entire duration of the contract.