XSServer GmbH ("Provider") provides all deliveries and services exclusively on the basis of this Terms and conditions ("Terms"), price lists and individual contracts. These general Terms and conditions also apply to future business of the parties. From these terms and conditions We do not accept any general or partially differing terms and conditions of the customer unless we have them expressly agreed in writing.
XSServer GmbH is entitled to the content of this contract with the consent of the customer to change, provided that the change taking into account the interests of XSServer GmbH is reasonable for the customer. The agreement to change the contract is considered as granted, if the customer of the Modification, which is sent by email from XSServer GmbH, not within four weeks of receipt contradicts the change notification. XSServer GmbH is committed to the customer with the Notice of the consequences of an omitted objection.
Subject matter of the contract / conclusion of contract / right of withdrawal
The contract content is based on the conditions outlined on the XSServer GmbH website. The contract between XSServer GmbH and the customer comes with submitting the online order form With the conclusion of the contract, XSServer GmbH undertakes to provide and the customer to Acceptance and payment of the services provided. If the customer is a consumer (§ 13 BGB) the following applies:
You can cancel your contract within two weeks without giving reasons by email / ticket or by Cancellation of the order in the web interface revoked. The period begins at the earliest with receipt of this instruction, however, not before the conclusion of the contract and also not before fulfillment of our duties to inform according to §312c Abs. 2 BGB in connection with §1 Abs 1, 2 and 4 BGB-InfoV. To keep the cancellation period, the timely dispatch of the Cancellation (or any hardware supplied) within the aforementioned period. You can conveniently cancel the recall within the customer web interface by stating "Cancellation of the order".
Please also note the following special notes:
Your right of withdrawal expires prematurely if the contract is complete by both parties at your express request fulfilled before you have exercised your right of withdrawal. The revocation is excluded in contracts over specifically according to customer information assembled and configured server systems. The right of withdrawal also lapses if XSServer GmbH begins after the contractually agreed starting date with the execution of the service or the end user actively uses the service. The above right of withdrawal does not apply, provided that Legal transaction can be attributed to your commercial or professional activity.
The amount of the fees to be paid by the customer to the provider and the respective billing period arise the specification of the tariff / product chosen by the customer. The usage-based fees are in the Due in advance. (Prepaid) Invoicing is done exclusively online or by email as a pdf file. The customer expressly agrees that invoices will not be sent to him in writing.
In the event of a payment arrears of more than 5 days, the vendor is entitled to terminate the contract and the product to delete.
Termination / contract period
Contracts are concluded for an indefinite period, unless other agreements have been made. The services can be terminated at any time at the end of the billing period via the web interface or by email. Any credit balance can result from a termination can not be refunded. This does not apply if the customer agrees otherwise.
XSServer is entitled to terminate the contract without giving any reason with a notice period of 1 month to the end of the calendar month.
The customer can also terminate the contractual relationship at the end of the paid accounting period. The invoices submitted before the effective date of the termination, for services provided and delivered up to that point, shall be determined by the To pay customers. Any credit resulting from the termination can not be refunded.
The right of both parties to terminate without notice for good cause remains unaffected.
General obligations of the customer
The customer is responsible for all contents that the customer holds or stores on the products purchased from him. The customer is under its obligation to comply with the statutory and contractual provisions also for the conduct of third parties who act on his behalf, in particular of vicarious agents. This also applies to other Third parties to whom he knowingly provides access data for the services and services of the provider. The provider is not obliged to examine the customer's product for possible legal violations.
The customer undertakes not to offer or distribute copyrighted content without authorization.
In addition, links to illegal P2P file sharing, download services, streaming services or toplists or their contents are prohibited deliver. In case of violations, XSServer GmbH reserves the right to disconnect the service from the network without prior notice and to terminate the contract.
The customer undertakes to keep the passwords received by the provider for the purpose of access in a strictly confidential manner and to inform the provider as soon as he becomes aware thereof, that the password is known to unauthorized third parties.
The customer assures that the data provided to XSServer GmbH by him are correct and complete. He undertakes to inform the provider immediately about changes to all data This concerns in particular the name and postal address of the customer, in the case of companies the legal representative (s), name, postal address, e-mail address as well as telephone and fax number of the customer technical contact person for the services.
The customer undertakes to inform the provider immediately and completely, if he is claimed from the use of the contractual services in court or out of court.
The customer is responsible for regularly backing up all files and software settings that he can access. In any case, the data backup must be made before any change made by the customer as well as before maintenance work of the offerer, as far as these were announced in time by the offerer. The backup copies made by the customer are under no circumstances to be stored on the products / services.
The customer undertakes not to send or receive e-mails containing advertising without the express consent of the respective recipient. This applies in particular if the relevant e-mails, each with the same content, are distributed in bulk (so-called "spamming"). If the customer violates the aforementioned obligation, the provider is entitled to block the service immediately. The content retrievable from the service, stored data, banners displayed and the keywords used in the entry in search engines must not violate legal prohibitions, the good customs or rights of third parties (in particular trademarks, names and copyrights). The customer is expressly not permitted to offe
XSServer GmbH reserves the right to block contents that could impair the normal operation or security of the server systems or to prevent their operation in individual cases. XSServer GmbH also reserves the right to block the offer of the customer without warning, if the customer has its own programs work within the scope of his offer, which affect the normal operation or security of the server.
Limitation of Liability / Claims for Damages
claims for damages due to impossibility of performance, positive breach of contract, negligence in contracting and tort are excluded both against the provider, as well as relationship with their vicarious agents and vicarious agents, unless there is intentional or grossly negligent action.
Claims for damages due to the operational failure of an Internet server can be asserted up to the amount of a monthly fee for the rented service from a downtime of more than 72 hours at a time (without interruption). If financial losses are asserted, these must be proven and will be reimbursed after examination up to an amount of 1 month's rent.
The user is responsible for the data backup (creation of local backup) of the user data of the service of the provider. The provider assumes no liability for any damage to the data transferred to the service.
For performance disturbances, the provider is only responsible, as far as these relate to the services to be provided by him. In particular, for the functionality of the actual Internet presence of the customer, consisting of the data recorded on the service (for example, HTML files, Flash files, scripts, etc.), the provider is not responsible.
Disruptions must be eliminated immediately by the provider within the scope of the technical and operational possibilities. The customer is obliged to notify the provider of any noticeable faults immediately ("fault report"). If the fault is not rectified within a reasonable period of time, the customer must set the supplier a reasonable period of grace. If the fault is not remedied within this period of grace, the customer is entitled to compensation for the damage incurred as part of a monthly fee.
If the functionality of the service is impaired due to non-contractual content or due to a use going beyond the contractually presumed use, the customer can not assert any rights with regard to disruptions based on this. In case of force majeure is the provider exempted from the obligation to perform. These include in particular lawful industrial action, including in third-party companies and official measures, as well as hardware defects as far as not caused by the provider.
We point out that personal data are stored during the execution of the contract.
The customer is aware that the content stored on the services can be viewed by the provider from a technical point of view at any time. In addition, it is theoretically possible that the data of the customer during data transmission over the Internet by unauthorized third parties are viewed.
Place of fulfillment is Eygelshoven / Netherlands. Jurisdiction for all claims arising from the contractual relationship between the parties resulting disputes, in particular on the conclusion, completion or termination of the contract, as far as the customer is a registered trader, legal entity of public law or public law special fund is, Geilenkirchen. The provider may alternatively sue the customer at his general place of jurisdiction.
For the contracts concluded by the provider on the basis of these terms and conditions and for the ensuing claims, of whatever kind, the law of the Federal Republic of Germany shall apply excluding the provisions of the Uniform UN Purchase Law for the Sale of Goods (CISG).
Should provisions of these terms and conditions and / or the contract be or become invalid, this shall not affect the validity of the remaining provisions. The contracting parties undertake to enter into a valid agreement instead of an ineffective provision, the commercial success of which shall be in accordance with the ineffective as close as possible.