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General Terms and Conditions

  • General Provisions

Under the name ‘NUXOA’, NUXOA GmbH operates the internet portal at the URL ‘nuxoa.de’. It is a platform on which customers can rent and purchase server services and IT services. Customers can register on the website free of charge. A username, email address and password are required for registration. NUXOA's services can be booked using either a prepaid or contractual system. Upon registration, customers can add funds to a customer account denominated in ‘EURO’.

These General Terms and Conditions (‘GTC’) govern the contractual relationship between NUXOA and customers who use the server services.

  • Services
  • NUXOA offers its customers the option of renting available products for a specified term under either a prepaid system or a contractual system. The customer may determine the term of the product and extend it as desired. The term rented by the customer may be shortened and the rented services may be terminated early. If the customer terminates early, NUXOA is entitled to charge 50% of the fees for the remaining term of the contract as a processing fee.
  • Booking a NUXOA product requires registration as a customer. Registration itself is free of charge. NUXOA may reject a customer's registration at any time without giving reasons. To register, the customer must complete the registration form. A username, email address and password are required for registration.
  • The services may be used only for the purposes specified by NUXOA. It is prohibited to store or distribute unlawful or copyright-protected content on the products provided.
  • Technical disruptions, such as interruptions to telecommunications or power supplies and hardware or software errors, may result in temporary restrictions. Reimbursement for such an outage is possible; NUXOA determines the form of reimbursement.
  • If a customer defaults on a payment, after 14 days NUXOA is entitled to suspend the provision of services until the customer settles the outstanding amounts. In particular, NUXOA may also shut down servers or storage space rented by the customer. This may result in the customer's websites becoming unavailable. In the event of payment default, NUXOA is not obliged to renew domains or keep data available.
  • The right to extraordinary termination remains unaffected. In particular, NUXOA may terminate a contract early if payment is more than 4 weeks overdue or the customer repeatedly hosts prohibited content with NUXOA. If the customer is responsible for the early termination, NUXOA is entitled to charge 50 % of the fees that would have accrued through the end of the regular contractual term. Each party remains entitled to prove that the loss incurred was lower or higher, respectively.
  • Conclusion of Contract, Price Quotations, Payment Terms
  • The services and ordering options listed by NUXOA merely constitute an invitation to the customer to submit an offer. A binding contract between NUXOA and the customer is formed only upon acceptance by both parties.
  • Payment and billing for the services take place exclusively through the customer account established for this purpose. By booking a product, the customer accepts the current prices for the service and authorizes NUXOA to debit the fees from the customer's account.
  • The prices of all our products may be adjusted in line with market conditions. Prices may therefore change.
  • NUXOA will issue a written confirmation of receipt. The customer may print out their customer account at any time.
  • On the basis of the GwG (Geldwäschegesetz) and the terms and conditions of certain payment service providers, existing credit balances cannot be paid out. The credit balance remains in the customer account without an expiry date.
  • Registration Requirements
  • Only a natural person with full legal capacity, a partnership or a legal entity may become a customer with unrestricted usage rights.
  • Customers who are minors aged 14 or over receive restricted usage rights. By registering, minor customers affirm that their legal guardians have consented to their use of NUXOA's services. NUXOA is entitled to request written consent from the legal guardians at any time.
  • To comply with youth-protection requirements, NUXOA reserves the right to carry out an age-verification procedure. Age verification may be automated on the basis of the data provided by the customer. NUXOA is entitled to request suitable proof for age verification at any time.
  • The customer must provide complete and accurate personal data in the registration form. Registration using inaccurate information is prohibited. NUXOA is entitled at any time to challenge and terminate the contract early where inaccurate information has been provided. If NUXOA terminates the contract, fees already paid will not be reimbursed. The balance in the customer account will be collected and not paid out.
  • NUXOA may suspend any customer for good cause, e.g. an unlawful violation or a breach of the GTC. If NUXOA suspends the customer, fees already paid will not be reimbursed. The balance in the customer account will be collected and not paid out.
  • Setting Up and Managing the Customer Account
  • Customers maintain a customer account with NUXOA in the currency ‘EURO (€)’. Funds can be added to the customer account using the payment methods offered (e.g. PayPal, Sofort or paysafecard).
  • Payments are accepted only in the currency ‘EURO’. Payments in ‘EURO’ are credited to the customer account after any third-party provider fees have been deducted. When the customer account is closed, any fees incurred and shown are deducted from the current credit balance.
  • The customer account cannot be overdrawn. Amounts paid into the customer account may be used exclusively for services offered by NUXOA.
  • NUXOA may deactivate or delete the customer account at its sole discretion without giving reasons, e.g. where more than one year has elapsed since the customer's last login.
  • Termination of the Customer Account
  • The customer may terminate their customer account at any time with effect from the end of the term of the services they have booked.
  • NUXOA may terminate the customer account ordinarily, without giving reasons, by giving one month's notice to the end of the term of the booked services.
  • Suspension or deletion of the customer account also terminates and removes the booked services. The customer account cannot be reactivated after deletion. Amounts paid into the customer account will not be paid out.
  • Donations
  • Through NUXOA, customers can receive a donation from other users. Donations are regular payments that can be used to add funds to the customer account in the currency ‘EURO’. The same provisions as in ‘5. Setting Up and Managing the Customer Account’ apply.
  • On the basis of the GwG (Geldwäschegesetz) and the terms and conditions of certain payment service providers, existing credit balances, including donations, cannot be paid out. Donations remain in the recipient's customer account without an expiry date.
  • NUXOA reserves the right to deactivate the donation option at any time under certain circumstances or for good cause, e.g. an unlawful violation, misuse or a breach of the GTC.
  • Right of Cancellation
  • Orders placed by private individuals: A customer may cancel the contractual declaration within two weeks, without giving reasons, in text form, including by letter, fax, email or the contact form. The period begins no earlier than upon receipt of detailed information about the right of cancellation in text form. Timely dispatch of the cancellation is sufficient to meet the deadline. Contact options for a cancellation
  • Orders placed by traders: Where a customer has acted in the course of their commercial or independent professional activity, there is no right of cancellation.
  • Consequences of cancellation: In the event of an effective cancellation, the services received by both parties must be returned and any benefits derived must be surrendered. If the customer requested that the services begin during the cancellation period, the customer must pay a reasonable amount corresponding to the proportion of the services already provided up to the time at which the customer informs NUXOA of the exercise of the right of cancellation in respect of this contract, compared with the full scope of the services provided for in the contract. Where the service received cannot be returned in whole or in part, or can be returned only in a deteriorated condition, compensation for its value must be paid to NUXOA to that extent. The right of cancellation expires as soon as NUXOA has already performed, configured and made the booked services available to the customer.
  • Liability
  • NUXOA is liable to the customer in accordance with statutory provisions for damage resulting from injury to life, limb or health caused by an intentional or negligent breach of duty by NUXOA, and for other damage caused by an intentional or grossly negligent breach of duty or fraudulent conduct.
  • In addition, NUXOA is liable for damage under mandatory statutory provisions and where guarantees have been assumed. Unless one of the aforementioned cases applies, NUXOA is liable for ordinary negligence only where its legal representatives, executive employees or other vicarious agents breach a material contractual obligation. In these cases, liability is limited to typical and foreseeable damage. In all other cases, NUXOA is not liable for ordinary negligence. NUXOA is not liable for indirect or consequential damage.
  • NUXOA assumes no liability for input, transmission and/or evaluation errors, as these are outside NUXOA's sphere of influence.
  • The customer is responsible for content that the customer places on the internet and is liable for any violations of law. NUXOA assumes no liability for the customer's content. Upon becoming aware of a violation, all services rented from NUXOA will be suspended immediately.
  • NUXOA has the right to correct obvious errors, particularly in information and prices, even retrospectively. Any claim for damages by the customer is excluded in such cases.
  • Pursuant to §280 BGB, NUXOA is not responsible for downtime outside NUXOA's sphere of influence (force majeure, fault of third parties, etc.).
  • If a customer installs hardware in NUXOA's data center, the customer grants NUXOA a lien over that hardware. This secures NUXOA's current and future claims.
  • NUXOA is not liable for hardware installed by the customer, and no insurance coverage exists. The customer is also solely responsible for maintaining their hardware.
  • Amendments to the GTC

NUXOA is entitled to amend the content of these GTC with the customer's consent, provided that the amendment is reasonable for the customer when NUXOA's interests are taken into account. Consent to the amendment is deemed to have been granted unless the customer objects to the amendment within four weeks after receiving notice of the amendment. NUXOA undertakes to inform the customer, in the amendment notice, of the consequences of failing to object. If the customer objects within this period, NUXOA is entitled to terminate the contractual relationship in compliance with the applicable notice period and suspend the customer's account.

Prohibition of Misuse

Misuse on the NUXOA platform or on services operated by NUXOA is prohibited. Misuse occurs where the customer:

intentionally provides inaccurate, misleading or incomplete information

opens a customer account with NUXOA without authorization

commits or attempts to commit fraud (e.g. where the customer uses mechanisms, software or other scripts in connection with use of the NUXOA platform or services operated by NUXOA)

intentionally causes a disruption or malfunction

manipulates the services provided

otherwise breaches obligations arising from statutory provisions, NUXOA's GTC or its general rules of conduct and/or infringes the rights of others.

  • Miscellaneous Provisions
  • These General Terms and Conditions (GTC) are governed exclusively by German law. The place of jurisdiction for all claims arising from this contractual relationship and for all disputes between the parties concerning the formation, performance or termination of the contractual relationship is Fürstenfeldbruck, insofar as the customer is a merchant or has no general place of jurisdiction in Germany.
  • Should any provision of these Terms and Conditions be or become legally invalid in whole or in part, this will not affect the validity of the remaining provisions. Where a provision is invalid, it will be replaced by the legally permissible rule.
  • German is the sole contractual language available.

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