General Terms and Conditions (GTC)

1. Scope

1.1. The following General Terms and Conditions (GTC) apply to all contracts between Nexorahost.com, 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.
    The Customer bears sole responsibility for all content and activities on the systems used by them.
  • 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.

6. Prices and Payment Terms

  • 6.1. All prices are in Euro (€) plus statutory value added tax, unless otherwise stated.
  • 6.2. Payment is made at the Customer's choice via the payment methods accepted by the Provider (e.g. PayPal, credit card, bank transfer).
  • 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.
  • 7.2. Termination is possible at the end of the respective billing period, unless a minimum contract term has been agreed.
  • 7.3. The right to extraordinary termination for material breach of the 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 only liable for intentional or grossly negligent conduct.
  • 9.2. No liability is assumed for indirect damages or lost profits.
  • 9.3. Liability for data loss is excluded unless a separate backup service has been booked.
  • 9.4. 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.
  • 12.2. Changes will be communicated to the Customer in a timely manner. If the Customer does not object within 14 days, the changes are deemed accepted.

13. Final Provisions

  • 13.1. German law applies excluding the UN Convention on Contracts for the International Sale of Goods.
  • 13.2. The place of jurisdiction for all disputes arising from this contract is, to the extent legally permissible, the registered office of the Provider.
  • 13.3. Should individual provisions of these GTC be invalid, the validity of the remaining provisions remains unaffected.