General Terms and Conditions
for the online store at the URL
operated by
Nerdscave Moritz Mantel Einzelunternehmen
Nerdscave Hosting
Stockbrunnengasse 3
97753 Karlstadt
Germany
E-Mail: kontakt@nerdscave-hosting.de
Phone number: 09360 3589995
– in the following: Provider –
1. Scope of application
These General Terms and Conditions (GTC) apply after their inclusion to all contracts for the purchase of goods, services or other goods (hereinafter “goods”) in the online store at the above URL in the version valid at the time of conclusion of the contract. These GTC apply exclusively. Deviating general terms and conditions of the customer shall not become part of the contract unless the provider expressly agrees to them.
2. Conclusion of contract
2.1 The offers in the online store represent a non-binding invitation by the provider to online store visitors to submit an offer to purchase the goods offered in the store.
2.2 The goods are ordered via the provider’s online order form. After selecting the desired product(s), entering all mandatory information requested and completing all other mandatory steps in the ordering process, the selected goods can be ordered by clicking the order button at the bottom of the checkout page (order). By placing an order, the customer submits a binding contractual offer to purchase the selected product(s). The contract is concluded when the provider accepts the customer’s offer. Acceptance takes place when the provider confirms the conclusion of the contract in writing or text form (e.g. by e-mail) (order confirmation) and this order confirmation is received by the customer or by delivering the ordered goods and these goods are received by the customer or by requesting payment from the customer (e.g. invoice or credit card payment in the order process) and the payment request is received by the customer; the time at which one of the alternatives mentioned in the first half-sentence occurs for the first time is decisive for the time of conclusion of the contract.
2.3 Before binding submission of the order via the provider’s online order form, the customer can check his entries and correct them at any time using the usual keyboard, mouse, touch or other input functions available. In addition, all entries are displayed again in a confirmation window before the binding submission of the order and can also be corrected there using the usual keyboard, mouse, touch or other input functions available.
2.4 The provider will save the text of the contract after the contract has been concluded and send it to the customer in text form (e.g. by email). The provider will not make the contract text accessible beyond this. If the purchase has been made via a customer account in the online store, the customer can view his orders and the associated order data there.
2.5 The following languages are available for the conclusion of the contract: German, English
3. Right of withdrawal for consumers
Consumers are generally entitled to a right of withdrawal for contracts concluded outside of business premises and for distance contracts. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession. Details can be found in the cancellation policy, which is made available to every consumer at the latest immediately before the contract is concluded.
4. Payment delay
4.1 The prices listed in the online store at the time of ordering apply. All prices are inclusive of VAT and plus any shipping costs listed. The customer is informed about the available payment options in the provider’s online store.
4.2 If “advance payment” has been agreed, the purchase price is due immediately after conclusion of the contract.
4.3 If “purchase on invoice/purchase on account” has been agreed, payment is due immediately after conclusion of the contract, unless a different payment term has been specified in the invoice or in the purchase process.
4.4 If “SEPA direct debit” has been agreed, payment is due immediately after conclusion of the contract. Before the purchase price is debited, the customer shall be informed of when to expect the agreed purchase price to be debited (pre-notification). The direct debit shall not be debited before receipt of this pre-notification and not before the deadline specified in the pre-notification. If the direct debit fails due to insufficient funds in the account, the provision of incorrect bank details or for other reasons for which the customer is responsible, the customer shall bear any chargeback fees incurred if the customer is responsible for the failure of the direct debit.
4.5 If payment by credit or debit card has been agreed, the purchase price is due immediately after conclusion of the contract.
4.6 If payment via “PayPal” has been agreed, the purchase price is due immediately after conclusion of the contract. Payment is processed via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg.
4.7 If “Sofortüberweisung” has been agreed, the purchase price is due immediately after conclusion of the contract. Payment is processed by Sofort GmbH, Theresienhöhe 12, 80339 Munich.
4.8 If Giropay has been agreed, the purchase price is due immediately after conclusion of the contract. Payment is processed by paydirect GmbH, Stephanstr. 14-16, 60313 Frankfurt am Main.
5. Reservation of ownership
The purchased goods remain the property of the supplier until the purchase price has been paid in full.
6. Delivery and reservation of self-supply
6.1 Unless otherwise agreed, delivery shall be made within the delivery time specified in the online store to the delivery address specified by the customer. The applicable delivery times can be found in the online store.
6.2 Self-retrieval of the purchased goods is excluded.
6.3 If the supplier is unable to deliver the ordered goods because it has not been supplied itself through no fault of its own, even though it has concluded a congruent covering transaction with a reliable supplier in good time, the supplier shall be released from its obligation to perform and may withdraw from the contract. The supplier is obliged to inform the customer immediately of the impossibility of performance. Any payments already made by the contractual partner shall be reimbursed immediately. Mandatory consumer law remains unaffected by this paragraph.
7. Warranty
The provisions of German statutory liability for defects shall apply.
8. Liability
8.1 The provider is liable without limitation:
- for damages resulting from injury to life, body or health, which are based on an intentional or negligent breach of duty by the provider or an intentional or negligent breach of duty by a legal representative or vicarious agent of the provider;
- for damages that are based on an intentional or grossly negligent breach of duty by the provider or on an intentional or grossly negligent breach of duty by a legal representative or vicarious agent of the provider;
- on the basis of a guarantee promise, insofar as no other provision has been made in this respect;
- due to mandatory liability (e.g. under the German Product Liability Act)
8.2 If the Provider negligently breaches a material contractual obligation, its liability shall be limited to the foreseeable damage typical of the contract, unless unlimited liability applies in accordance with the preceding paragraph. Essential contractual obligations are obligations which the contract imposes on the provider according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on the observance of which the customer may regularly rely.
8.3 Furthermore, liability of the provider and the liability of its agents and legal representatives is excluded.
Our liability under the German Telecommunications Act remains unaffected by this.
8.5. Temporary restrictions on the availability of services of up to a total of 0.09% per month are taken into account in the price and cost structure and do not entitle the customer to refunds or other claims.
8.6. If availability falls below the level guaranteed by Nerdscave, the customer receives a one-off credit for the affected service, based on the projected downtime over one year. Electricity costs are excluded from these credits. If the contract term is less than one year, this contract term is used as the basis:
- If the minimum availability falls below 0.1 % to 0.5 %, 75 % of the monthly basic price is reimbursed.
- If the minimum availability falls below 0.6% to 1.5%, 80% of the monthly basic price is reimbursed.
- If the minimum availability is fallen short of by more than 1.5%, 100% of the monthly basic price will be reimbursed.
Further claims for damages by the customer are excluded.
9. Domains
The various top-level domains (“endings”) are administered by a large number of different, mostly national organizations. Each of these domain registries has its own terms and conditions for the registration and administration of top-level domains, the corresponding sub-level domains and regulations for domain disputes. If top-level domains are the subject of the contract, the respective allocation conditions apply in addition to these GTC. For .de domains, the DENIC Domain Terms and Conditions, the DENIC Domain Guidelines and the DENICdirect Price List also apply.
Please ask us directly about the terms and conditions that apply to your domain.
10. Performance obligations
10.1 Nerdscave guarantees an average server availability of 99.8% per year, unless otherwise agreed. This excludes periods in which the server is unavailable due to technical or other problems beyond our control (force majeure, fault of third parties, etc.). We reserve the right to restrict access to our services if this is necessary for the security of network operation, to maintain network integrity or to avoid serious disruption to the network, software or stored data.
10.2 The customer has no claim to the server remaining assigned the same IP address for the entire term of the contract.
10.3 Each customer domain can only be assigned to one of our service tariffs.
10.4 When ordering, the customer selects a specific tariff.
11. Domain registration, exemption, domain disputes, domain buyback
11.1 In the procurement and/or administration of domains, we merely act as an intermediary in the relationship between the customer and the respective domain registry. Nerdscave has no influence on the allocation of domains. We do not guarantee that the domains applied for by the customer will be allocated at all and/or that allocated domains are free from third-party rights or that they will be valid in the long term.
11.2 The customer assures that the domain applied for does not infringe any third-party rights. Furthermore, the customer shall indemnify Nerdscave against any liability for infringements should claims be made against Nerdscave due to an infringement of third-party rights.
11.3 The customer is obliged to notify us immediately of any loss of his domain. If the customer intends to reacquire his domain from a third party, he is obliged to inform us immediately of the commencement of negotiations with this third party. In addition, the customer is obliged to respond to inquiries from us regarding the status of the negotiations with the third party and to grant us the priority right to reacquire the domain for the customer, provided that this does not unreasonably prejudice the interests of the customer.
12. Internet presence, contents of Internet pages
The customer is obliged to label the content published on its website as its own content, stating its full name and address. The customer is advised that additional statutory labeling obligations may exist, in particular if teleservices or media services are offered on the Internet pages. The customer shall indemnify Nerdscave against all claims based on a breach of the aforementioned obligations.
The customer may not violate legal prohibitions, common decency or the rights of third parties (including trademark, name, copyright and data protection rights) through its Internet presence and the banners displayed there. In particular, the customer is prohibited from offering or displaying pornographic content or services which are aimed at making a profit and which involve pornographic or erotic content (such as nude images or peep shows). The customer may not enter his Internet presence in search engines if this violates legal prohibitions, common decency or the rights of third parties through the use of keywords. In the event of a breach of one of these obligations, Nerdscave reserves the right to block the customer’s access and to terminate the existing contract extraordinarily after thorough examination.
Nerdscave is not obligated to check the customer’s Internet presence for possible legal violations. However, if legal violations or inadmissible content are detected, Nerdscave reserves the right to block the services. In such a case, Nerdscave will inform the customer of this measure immediately.
13. Obligations of the customer
The customer assures Nerdscave that the data provided by him is correct and complete. The customer undertakes to inform us immediately of any changes to the data provided and to reconfirm that the information is up to date within 15 days of receipt upon request. This applies in particular:
- Name and postal address of the customer,
- Name, postal address, e-mail address, telephone and fax number of the technical contact person for the domain,
- the name, postal address, e-mail address, telephone and fax number of the administrative contact for the domain, and
- if the customer provides their own name servers: In addition, the IP addresses of the primary and secondary name servers and the names of these servers.
The customer is obliged to retrieve incoming messages in their email inboxes at regular intervals of no more than four weeks. Nerdscave reserves the right to return incoming personal messages to the sender if the capacity limits according to the respective tariffs are exceeded. If the customer neither sends emails nor downloads emails from their mailbox for a period of 2 months, we reserve the right to deactivate the email mailbox in question. However, the customer has the option of reactivating the affected e-mail account.
Email mailboxes are intended exclusively for the processing of email correspondence. The use of e-mail inboxes as storage space for other files or data is strictly prohibited.
The customer is obliged to treat the passwords received from Nerdscave as strictly confidential and to inform us immediately as soon as he discovers that unauthorized third parties have gained knowledge of the password. Should third parties use our services through misuse of the passwords due to the customer’s fault, the customer shall be liable to us for usage fees and damages.
It is the customer’s responsibility to carry out a data backup after each working day on which data has been changed by him or his vicarious agents. Data stored on our servers may not be backed up on these servers. The customer is obliged to carry out a complete data backup, in particular before we start work or before the installation of hardware or software supplied.
Before the operational use of each program, the customer shall thoroughly test its functionality and suitability for his specific situation. This also applies to programs provided by us within the scope of warranty and maintenance. The customer is advised that even minor changes to the software may impair the overall functionality of the system.
The customer may not send or have sent any advertising e-mails without the express consent of the recipient, in particular not if these e-mails with identical content are distributed en masse (so-called “spamming”). In the event of a breach of this obligation, we are entitled to block the customer’s tariff immediately.
14. Housing/colocation in the data center
The customer has the option of placing and operating their own hardware and systems in the colocation areas of Nerdscave’s data centers. Access is possible by prior appointment of at least 24 hours, whereby the customer should be aware that their visit will be logged and visually recorded. In the event of a disruption to the contractual relationship, regardless of the nature of the disruption, Nerdscave or the data center service provider reserve the right to deny access.
The customer undertakes the following in the colocation areas provided by Nerdscave in the data centers:
14.1 Not to touch or use objects or things that do not belong to him and for which he has no authorization.
14.2 Avoid restricted and private areas, even if they are not locked.
14.3 report any damage to own or third-party property.
14.4 To connect and operate all its servers and systems properly.
14.5 To insure its property (server, etc.) at its own expense against all types of damage. Nerdscave and the data centers are not liable for loss or damage.
14.6 To handle the equipment and materials provided with care.
14.7 Keep all doors and windows closed.
14.8 Comply with the smoking ban.
14.9 To observe and comply with the house rules posted on site.
15. Special notes and obligations for servers
A server with administration rights (only for HA KVM/Performance KVM, Root Servers, Dedicated Servers and Agency Servers) requires comprehensive knowledge of server administration. As the server administrator, the customer bears sole responsibility for the security of the server against unwanted access and manipulation by third parties via the Internet. We have no regular means of monitoring the content of the server, in particular no administrative access. Unless otherwise agreed, the server offers do not include backup protection or protection by external protection software. We strongly recommend that the customer creates his own backups and installs and regularly updates reliable protection software such as a firewall or virus protection programs. Unsecured or inadequately secured “open” servers are an invitation for hackers to misuse them! If we discover that the server is being misused to a significant extent by third parties (e.g. as part of a hacker attack), we reserve the right to disconnect the server from the network without prior notice. We will inform the customer of this measure immediately.
If the customer operates open mail relays or similar systems through which, for example, SPAM mails can be distributed, we reserve the right to disconnect the server from the network immediately. The customer undertakes to inform Nerdscave immediately as soon as he suspects that third parties are using his server without authorization.
Responsibility for updating the operating and application software installed on the server lies exclusively with the customer. It is the customer’s duty to inform themselves independently about available updates and new versions and to install these independently and at their own expense and risk.
The customer is prohibited from offering or distributing copyrighted content without authorization. The provision of P2P file-sharing platforms, download services or streaming services through which copyright-protected content may be distributed without authorization is not permitted. The provision of links to such platforms or content is also prohibited. In the event of violations, we reserve the right to take the server offline without prior notice and to terminate the contract without notice. Furthermore, the operation of cryptocurrency mining programs and the scanning of third-party systems or IP addresses is not permitted. The following also applies here: In the event of a violation, we reserve the right to disconnect the server from the network without prior notice and to terminate the contract without notice. In addition, the customer is obliged to configure his programs so that they restart automatically when the hardware or operating system is restarted.
The use of programs for cryptocurrency mining (cryptonodes) and the scanning of third-party systems or IP addresses are also prohibited.
Fair-Use Traffic:
If the average data traffic exceeds 500 Mbit/s over a period of 7 days, we reserve the right to limit the bandwidth of the services. Our services are based on fair-use traffic and such a measure is taken to ensure fair usage for all customers.
16. Data protection
The provider treats the personal data of its customers confidentially and in accordance with the statutory data protection regulations. For more details, please refer to the provider’s privacy policy.
17. Final provisions
17.1 The law of the Federal Republic of Germany shall apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods, insofar as this choice of law does not result in a consumer with habitual residence in the EU being deprived of the mandatory statutory provisions of the law of his country of residence.
17.2 If the customer is a merchant, a legal entity under public law or a special fund under public law, the court at the registered office of the provider shall have jurisdiction, unless an exclusive place of jurisdiction has been established for the dispute. This also applies if the customer is not domiciled within the European Union. The registered office of our company can be found in the heading of these GTC.
17.3 If any provision of this contract is or becomes invalid or unenforceable, the remaining provisions of this contract shall remain unaffected.
18. Information on online dispute resolution / consumer arbitration
The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr.
The provider participates in a dispute resolution procedure before a consumer arbitration board. The universal arbitration board of the Zentrum für Schlichtung e.V., Straßburger Straße 8, 77694 Kehl am Rhein is responsible (https://www.verbraucher-schlichter.de).
Our e-mail address can be found under the heading of these GTC.
