Last updated: December 2024
By accessing and using the website fedicolas.xyz and the cybersecurity services provided by fenicolas GmbH ("fenicolas", "we", "us", or "our"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, please do not use our website or services.
fenicolas GmbH is a German limited liability company providing cybersecurity services to businesses across Europe. Our company details are:
fenicolas provides comprehensive cybersecurity services including but not limited to:
Specific service details, deliverables, and terms are outlined in individual service agreements between fenicolas and clients.
When using our website and services, you agree to:
All content, materials, and intellectual property on our website and in our services, including but not limited to text, graphics, logos, software, methodologies, and documentation, are owned by fenicolas or our licensors and are protected by copyright, trademark, and other intellectual property laws.
You may not reproduce, distribute, modify, create derivative works from, publicly display, or exploit any of our intellectual property without our prior written consent. Any unauthorised use of our intellectual property may result in legal action.
Client data and information remain the property of the client. fenicolas claims no ownership rights over client data processed in the course of providing our services.
Both parties acknowledge that they may have access to confidential information. All parties agree to:
Payment terms for our services are specified in individual service agreements. General payment conditions include:
fenicolas is committed to protecting your privacy and complying with applicable data protection laws, including GDPR. Our data processing practices are detailed in our Privacy Policy, which forms an integral part of these Terms.
When providing services, fenicolas may act as a data processor on behalf of clients. In such cases, separate data processing agreements will govern the handling of personal data.
To the maximum extent permitted by law, fenicolas's total liability for any claims arising from or related to our services shall be limited to the amount paid by the client for the specific service giving rise to the claim in the 12 months preceding the incident.
fenicolas shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or business opportunities, even if we have been advised of the possibility of such damages.
This limitation of liability does not apply to damages resulting from our gross negligence, wilful misconduct, or breach of confidentiality obligations.
Specific service level commitments are outlined in individual service agreements. While we strive to provide high-quality services, we cannot guarantee uninterrupted service availability due to factors beyond our control, including but not limited to:
Clients agree to indemnify and hold fenicolas harmless from any claims, damages, losses, or expenses arising from:
Either party may terminate service agreements in accordance with the specific termination provisions outlined in individual contracts. General termination conditions include:
Neither party shall be liable for delays or failures in performance resulting from circumstances beyond their reasonable control, including but not limited to natural disasters, government actions, war, terrorism, labour disputes, or technical failures of third-party services.
These Terms and any disputes arising from or related to our services shall be governed by and construed in accordance with the laws of Germany. Any legal proceedings shall be subject to the exclusive jurisdiction of the courts of Berlin, Germany.
If you are a consumer resident in another EU member state, you may also have rights under the consumer protection laws of your country of residence.
We encourage the amicable resolution of any disputes. Before initiating formal legal proceedings, parties agree to attempt resolution through good faith negotiations. If direct negotiations fail, disputes may be resolved through mediation or arbitration as agreed by the parties.
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. Invalid provisions shall be replaced with valid provisions that most closely reflect the original intent.
These Terms, together with our Privacy Policy and any individual service agreements, constitute the entire agreement between you and fenicolas regarding the use of our website and services. These Terms supersede all prior agreements and understandings.
fenicolas reserves the right to modify these Terms at any time. We will notify users of material changes by posting updated Terms on our website and updating the "Last updated" date. Continued use of our services after such modifications constitutes acceptance of the updated Terms.
If you have questions about these Terms or need to contact us regarding legal matters, please reach out to us: