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General Terms and Conditions and Customer Information

General Terms and Conditions and Customer Information


I. General Terms and Conditions


§ 1 Basic provisions


(1) The following terms and conditions apply to contracts which you conclude with us as the provider (nexserv GmbH) via the https://instanthost.gg website. Unless otherwise agreed, we object to the inclusion of any terms and conditions of your own that you may use.


(2) A consumer within the meaning of the following provisions is any natural person who enters into a legal transaction for purposes which can predominantly be attributed neither to his commercial nor to his independent professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of his or her independent professional or commercial activity.


§ 2 Loading of credit


(1) To book and/or pay for our Internet services, it is necessary to load credit, unless otherwise agreed.

By placing the offer to top up credit in the customer area (login), we are already submitting a binding offer to conclude a contract.


(2) The contract for topping up credit is concluded via the online order form as follows:

In the customer area (login) you can call up the online order form.

In the online order form, you select the desired amount and the payment method; finally, all data for topping up the credit is displayed here as an order overview.


If you use an instant payment system (e.g. PayPal / PayPal Express, Amazon Payments, instant transfer) as a payment method, you will either be redirected to the order overview page in our online shop or to the website of the instant payment system provider.

If you are redirected to the respective instant payment system, make the corresponding selection or enter your data there. Finally, you will be shown the order data as an order overview on the website of the provider of the instant payment system or after you have been redirected back to our online shop.


Before submitting the order, you have the option of checking all the details again, changing them or cancelling the order.

By sending the order via the corresponding button, you declare the legally binding acceptance of the offer, whereby the contract for the loading of credit comes into effect.


(3) The processing of the order and transmission of all information required in connection with the conclusion of the contract is carried out by e-mail, in part automatically. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of the e-mails is technically ensured and, in particular, that it is not prevented by SPAM filters.


(4) The service is provided (activation of the ordered credit) within 2 days after conclusion of the contract (in the case of agreed advance payment, only after the time of your payment instruction).


(5) The loaded credit can only be used for the booking and/or payment of our Internet services.

You are entitled to a refund of the remaining credit after termination of the contract. Payment of the topped-up credit during the term of the contract is excluded. For consumers, this only applies if the cancellation period has expired or the right of cancellation has lapsed.


§ 3 Conclusion of the contract


(1) We provide you with Internet services, in particular web hosting or server hosting (hereinafter referred to as "web hosting"). The scope of services results from the service package booked by you and the service description stated in the respective offer.


Our offers on the Internet are non-binding and not a binding offer to conclude a contract.


(2) You can submit a binding offer (booking) via the online shopping basket system.

In doing so, the services intended for booking are configured and stored in the "shopping basket". You can call up the "shopping basket" via the corresponding button in the navigation bar and make changes there at any time. After calling up the "Checkout" page and entering the personal data as well as the terms of payment, all order data are finally displayed again on the order overview page.

Before submitting the booking, you have the option of checking all the details again, changing them (also using the "back" function of the Internet browser) or cancelling the booking.

By sending the booking via the corresponding button, you submit a binding offer to us.


(3) The acceptance of the offer (and thus the conclusion of the contract) takes place immediately after booking by confirmation in text form (e.g. e-mail) in which the execution of the booking is confirmed to you (booking confirmation).

If you have not received a corresponding message, you are no longer bound to your booking. In this case, any services already provided will be refunded immediately.


(4) The processing of the order and transmission of all information required in connection with the conclusion of the contract is partly automated by e-mail. You must therefore ensure that the e-mail address you have provided to us is correct, that the receipt of e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.


§ 4 Service provision for web hosting, obligations


(1) Our service obligations result from the service description of the respective web hosting offer.

The service provision (activation of the booked service package, transmission of the access data) takes place, unless otherwise agreed, within 2 days after conclusion of the contract (in the case of agreed advance payment, only after the time of your payment instruction).


(2) Insofar as we grant you full and sole administration rights on the servers provided within the scope of the web hosting, you are solely and exclusively responsible for the administration and security of your server.


You are obliged to install the necessary security software, to constantly inform yourself about any security vulnerabilities that become known and to close them independently. The installation of maintenance programs or other software that we provide or recommend does not release you from this obligation.


(3) Insofar as we provide programmes, you shall receive a non-exclusive right to use the programmes provided for the duration of the contract. You are obliged to comply with the respective licence conditions.


(4) You are also obliged to set up and manage your server in such a way that the security, integrity and availability of the networks, other servers, software and data of third parties are not endangered. In particular, you are prohibited from using the server for sending SPAM mails and (D)DoS attacks or from operating open mail relays and other systems on the server via which SPAM mails and (D)DoS attacks can be spread. In the event of violations, we reserve the right to disconnect the server from the network without prior notice and to terminate the contract without notice.


(5) You have no claim to the server being assigned the same IP address for the entire term of the contract. We reserve the right to change this in the event of technical or legal necessity and to allocate you a new IP address in this context.


(6) We reserve the right to adapt the hardware and software used for the provision of the services to the respective state of the art and to inform you in good time of any additional requirements for the content stored by you on our servers that may result from this. We undertake to make such adjustments only to an extent that is reasonable for you and in consideration of your interests.


(7) We provide our services with an availability of 99% on a monthly average, insofar as no other availability is stated in the respective service offer. Downtimes due to regular or sporadic maintenance are included in this.

Excluded from this are times when the server cannot be reached due to technical or other problems beyond our control (force majeure, fault of third parties, etc.).


§ 5 Further obligations on your part


(1) You must inform us immediately of any change in the data required for the performance of the contract. Passwords and other access data must be kept strictly secret.

(2) You are obliged to design your domain and the contents accessible under it in such a way that an excessive load on our servers, e.g. by scripts requiring a high computing power or using an above-average amount of main memory, is avoided.

We are entitled to exclude Internet pages or servers that do not meet the above requirements from access by you or by third parties. You will be informed of such a measure without delay.


(3) You guarantee that your domains and the contents accessible under them do not violate legal regulations or morality and do not infringe the rights of third parties. This applies in particular to the legal regulations on provider identification, copyright, trademark, personal and other property rights, distance selling law, competition law, criminal law and data protection law.

We are not obliged to check your domains and the contents accessible under them for possible infringements of the law. Once we have identified legal violations or inadmissible content, we are entitled to block the content and make the domain in question inaccessible. You will be informed of such measures without delay.

You shall indemnify us against all claims arising from a breach of the above obligations for which you are responsible. This also applies to the costs of our necessary legal defence, including all court and lawyer's fees.


(4) Unless otherwise stated in the respective offer, you must create backup copies of all data that you transfer to our servers on separate data carriers yourself. We are not responsible for the creation of data backup copies. In the event of a loss of data, you will transfer the relevant data files to our servers again free of charge.


(5) Insofar as a certain data transfer volume (traffic) has been agreed, you are obliged to ensure that this traffic is not exceeded. The traffic is generally to be treated as "fair use".


§ 6 Term of contract, termination


(1) The contract concluded between you and us has an indefinite term. The contract may be terminated by either party with one month's notice to the end of the month (unless otherwise specified in the relevant offer).


(2) The right to terminate without notice for good cause remains unaffected.

In particular, we have an extraordinary right of termination in the event of repeated breaches of your obligations under these GTC. You are obliged to pay compensation in the event of extraordinary termination by us.


(3) Any termination must be in text form (e.g. e-mail).


§ 7 Right of retention


You may only exercise a right of retention insofar as it concerns claims arising from the same contractual relationship.


§ 8 Choice of law, place of performance, place of jurisdiction


(1) German law shall apply. In the case of consumers, this choice of law shall only apply insofar as the protection granted by mandatory provisions of the law of the state of the consumer's habitual residence is not withdrawn (favourability principle).


(2) The place of performance for all services arising from the business relationship with us and the place of jurisdiction shall be our registered office if you are not a consumer but a merchant, a legal entity under public law or a special fund under public law. The same applies if you do not have a general place of jurisdiction in Germany or the EU or if your place of residence or habitual abode is unknown at the time the action is brought. The right to also bring an action before the court at another statutory place of jurisdiction remains unaffected by this.


(3) The provisions of the UN Convention on Contracts for the International Sale of Goods shall expressly not apply.






II. customer information


1. identity of the seller


nexserv GmbH

Kapellenstraße 22

82008 Unterhaching

Germany

Telephone: +49 2151 3281080

Email: info@nexserv.de



Alternative dispute resolution:

The European Commission provides a platform for out-of-court online dispute resolution (OS platform), available at https://ec.europa.eu/odr.


2 Information on the conclusion of the contract


The technical steps for the conclusion of the contract, the conclusion of the contract itself and the possibilities of correction are carried out in accordance with the regulations "Conclusion of the contract" of our General Terms and Conditions (Part I.).


3. contract language, storage of contract text


3.1 The contract language is German.


3.2 We do not store the complete text of the contract. Before sending the order via the online shopping basket system, the contract data can be printed out or electronically saved using the browser's print function. After receipt of the order by us, the order data, the legally required information for distance contracts and the General Terms and Conditions of Business will be sent to you again by email.


3.3 In the case of quotation requests outside the online shopping basket system, you will receive all contract data as part of a binding offer in text form, e.g. by e-mail, which you can print out or save electronically.


4. essential characteristics of the goods or services


The essential features of the goods and/or services can be found in the respective offer.


5 Prices and payment terms


5.1 The prices listed in the respective offers as well as the shipping costs represent total prices. They include all price components, including all applicable taxes. 5.2 Any costs incurred shall be borne by the customer.


5.2 Any costs incurred for the transfer of money (transfer or exchange rate fees of credit institutions) shall be borne by you in cases where our service is provided in an EU member state but the payment was initiated outside the European Union.


5.3 The payment methods available to you are shown under a correspondingly designated button on our website or in the respective offer.


5.4 Unless otherwise stated for the individual payment methods, the payment claims arising from the concluded contract are due for payment immediately.


5.5 With the confirmation of the contract or with the beginning of each further billing period you will receive an invoice from us by e-mail for the fees incurred.


6. legal liability for defects


The statutory rights of liability for defects apply.


7. contract term / termination


Information on the term of the contract as well as the terms of termination can be found in the regulation "Contract Term / Termination for Subscription Contracts" in our General Terms and Conditions (Part I), as well as in the respective offer.


These General Terms and Conditions and customer information have been prepared by the lawyers of the Händlerbund who specialise in IT law and are constantly checked for legal conformity. Händlerbund Management AG guarantees the legal security of the texts and is liable in the event of warnings. You can find more information at: https://www.haendlerbund.de/de/leistungen/rechtssicherheit/agb-service.


last update: 01.01.2022