General Terms & Conditions
1. Scope
These General Terms & Conditions ("T&C") of P2H Computing Cluster GmbH, Dammstrasse 16, 6300 Zug, Switzerland ("P2H") apply to all contracts, deliveries and services that P2H provides to its business customers (B2B) in the DACH region and the EU. They apply to project-based services and investment cooperations in the area of modular, container-based compute units used as decentralised IT infrastructure.
P2H's offerings are directed exclusively at entrepreneurs within the meaning of § 14 BGB, § 1 UGB and Art. 2 OR. Contracts with consumers do not come into effect.
Diverging, conflicting or supplementary terms of the customer do not become part of the contract, even when known, unless P2H expressly agrees to their application in text form.
Individual agreements between P2H and the customer take precedence over these T&C. Such agreements require confirmation by P2H in text form to take effect.
The authoritative language version is the German original. Translations are provided for information only; in case of conflict, the German version prevails.
2. Services & service description
P2H offers modular, container-based compute units used as decentralised IT infrastructure. The exact scope of services results from the respective individual offer and the contractual arrangements based on it.
Services include in particular: provision and installation of modular compute units, provision of compute capacity, maintenance and support, and consulting.
3. Offer & conclusion of contract
Offers are non-binding unless expressly agreed otherwise in text form. A contract comes into effect only upon order confirmation by P2H in text form or upon performance. The customer is bound by their order for 14 calendar days.
4. Prices, payment, remuneration
Prices are in Euro plus statutory taxes and other costs. Payments are due immediately without deduction. In case of late payment, P2H is entitled to charge at least the statutory default interest (CH: 5 % p.a. under Art. 104 OR; DE: § 288 BGB).
Remuneration for compute capacity is defined in the individual offer. P2H provides regular settlements.
5. Customer obligations
The customer provides all required information in good time and in full. The customer is solely responsible for compliance with all applicable laws and for any content stored on the compute units. Data backup is the customer's responsibility.
6. Warranty & liability
The warranty period is 12 months from acceptance/delivery, unless otherwise agreed in text form. In case of defects, P2H is entitled to remedy or replacement.
P2H is liable without limitation for intent and gross negligence and for injury to life, body or health. For slightly negligent breach of essential contractual obligations, liability is limited to the typically foreseeable damage. Otherwise liability for slight negligence is excluded where legally permitted.
The liability limitations do not apply to claims under product liability law or an expressly assumed guarantee.
7. Confidentiality & data protection
Both parties undertake to keep confidential all confidential information that becomes known in the course of the contractual relationship — also after the contract ends.
P2H complies with the Swiss FADP (nDSG) and, where applicable, the GDPR. For details see the separate privacy policy.
8. Final provisions
Swiss law applies, excluding its conflict-of-laws rules and the CISG. Place of jurisdiction is Zug; P2H may also sue the customer at the customer's general place of jurisdiction.
Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.
P2H Computing Cluster GmbH
Dammstrasse 16
6300 Zug, Switzerland
Email: info@p2h-computing.de