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General Terms and Conditions (GTC)

1. Scope

1.1. The following General Terms and Conditions (GTC) apply to all contracts between NexoraHost, sole proprietorship, Waldstraße 33, 64385 Reichelsheim ("Provider") and its customers ("Customer") regarding the provision of server services, including V-Server, Root Server, Dedicated Server, Web Server, Teamspeak Server, Gameserver, Mail Server and Cloud Server.

1.2. Conflicting terms and conditions of the Customer are not recognized unless the Provider expressly agrees in writing.

2. Contract Conclusion

2.1. The presentation of products and services on the website does not constitute a binding offer.

2.2. By ordering a product, the Customer submits a binding offer to conclude a contract.

2.3. The contract is concluded when the Provider accepts the order by means of an order confirmation by email or provides the service.

3. Services of the Provider

3.1. The Provider makes hosting services available to the Customer according to the chosen package.
3.2. The Provider reserves the right to adjust services within the scope of what is technically possible and reasonable.
3.3. The Provider may also provide certain services as a reseller of third parties.

4. Obligations of the Customer

4.1. The Customer undertakes to use the provided services only within the legally permissible framework.
4.2. The Customer is prohibited from using the provided services for unlawful purposes. This includes in particular – but not exclusively – hosting, distributing, storing or providing: unlawful content of any kind,
materials that infringe copyrights or other protective rights,
malware, malicious software, botnet infrastructure or tools for carrying out cyber attacks,
DDoS attacks, port scans or other unauthorized interventions in third-party IT systems,
content that violates German or European law.
4.3. The Customer is responsible for the security of their access data, passwords and data.

5. Backups

5.1. The Customer is responsible for performing regular backups of their data.
5.2. Backup services can optionally be booked separately.
5.3. The Provider assumes no liability for loss, damage or deletion of customer data, to the extent permitted by law.

6. Prices and Payment Terms

6.1. All prices are in Euro (€) plus statutory value added tax, unless otherwise stated. The prices shown during checkout and on the website are decisive.
6.2. Payment is made at the Customer's choice via the payment methods accepted by the Provider at the time.
6.3. Payments are due immediately unless otherwise agreed.
6.4. In case of payment default, the Provider reserves the right to block or terminate services.

7. Term and Termination

7.1. Contracts for hosting services run according to the agreed billing period and renew automatically for the same period unless terminated in due time.
7.2. Termination by the Customer must be made in writing . Written termination includes in particular the cancellation function on the respective contract in the customer area, a ticket in the customer area, and an email to the address stated in the legal notice (Impressum). Oral terminations (e.g. by phone) are invalid.
7.3. Ordinary termination is possible at the end of the respective billing period, unless a different minimum term or notice period has been agreed. The termination must be received by the Provider before the applicable deadline expires.
7.4. The right to extraordinary termination for good cause, in particular for a material breach of these GTC, remains unaffected.

8. Availability and Maintenance

8.1. The Provider strives for high availability of the services, but does not guarantee 100% uptime.
8.2. Maintenance work may be necessary at short notice. The Provider will inform in advance whenever possible.
8.3. Failures due to force majeure, attacks by third parties or events outside the Provider's sphere of influence do not entitle to claims for damages.

9. Liability

9.1. The Provider is fully liable for intent and gross negligence as well as for injury to life, body or health and under the German Product Liability Act.
9.2. In case of slightly negligent breach of essential contractual obligations, liability is limited to the typical, foreseeable damage. Otherwise, liability for slight negligence is excluded.
9.3. No liability is assumed for indirect damages or lost profits, except in the cases of 9.1.
9.4. Liability for data loss is excluded unless a separate backup service has been booked and no case of 9.1 applies.
9.5. The Customer indemnifies the Provider from all claims arising from illegal content or activities that take place via their servers, accounts or systems. This includes in particular claims for copyright infringement, criminal offenses, data protection violations or other legal violations as well as the costs of necessary legal defense.

10. Privacy

10.1. The Provider collects, processes and uses personal data in accordance with the General Data Protection Regulation (GDPR).
10.2. Details are regulated in the privacy policy on the website.

11. Third Party Rights / Copyright

11.1. The Customer ensures that content uploaded by them does not infringe any third party rights.
11.2. The Provider assumes no liability for content provided by the Customer.

12. Changes to the GTC

12.1. The Provider reserves the right to adapt the GTC where necessary (e.g. due to changes in law or new services).
12.2. Changes will be communicated to the Customer in text form in a timely manner. If the Customer does not object within 14 days of receipt, the changes are deemed accepted. The Customer will be informed of this consequence in the notice. If the Customer objects, either party may terminate the contract as of the effective date of the changes.

13. Traffic contingency and data volume (V-Servers & Root Servers)

13.1. V-Servers and Root Servers include free traffic as part of the respective server package. The amount depends on the full package (CPU, RAM and disk) and is shown during checkout and in the customer area.

13.2. Customers may optionally book additional traffic at checkout. This is added on top of the included amount. Uplink (MBit/s / Gbit/s) describes speed only, not included data volume.

13.3. Data volume is measured via the Provider's traffic accounting (inbound and outbound). Current usage as well as included and extra contingency are visible in the customer area.

13.4. If the total contingency (included plus extra) is exceeded, the Provider bills the overage. The prices current at the time of use apply; they are shown during checkout, on the website and in the customer area. A distinction is made between announced overage (prior notice via support ticket) and unannounced overage. Billing is monthly or with the next invoice.

13.5. The Provider recommends announcing additional demand in advance via ticket or booking extra traffic when usage of the contingency is high.

14. Final provisions

14.1. German law applies excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the country in which the consumer has their habitual residence remain unaffected.
14.2. The place of jurisdiction for all disputes arising from this contract is, to the extent legally permissible, the registered office of the Provider.
14.3. Should individual provisions of these GTC be invalid, the validity of the remaining provisions remains unaffected.
14.4. The European Commission provides a platform for online dispute resolution (ODR): https://ec.europa.eu/consumers/odr/ . The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

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