Terms and Conditions
I. Terms and conditions
§ 1 Basic provisions
(1) The following general conditions apply to all contracts that you conclude with us as a service provider (NEXLEO LTD) via the nexleo.com site. Unless otherwise agreed, the inclusion of any conditions you may have used is contradicted.
(2) The consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes which cannot be attributed mainly to his independent commercial or professional activity. An entrepreneur is a natural or legal person or a legal partnership who, when concluding a legal transaction, acts in the exercise of his independent professional or commercial activity.
§ 2 Conclusions of the contract
(1) We provide internet services, in particular web hosting, server hosting and domains. The scope of services results from the set of services you have booked and the description of the service given on our website.
(2) Already with the publication of the respective service offer on our website, we make a binding offer to you to conclude a contract under the conditions specified in the description of the service.
(3) The contract is concluded via the online shopping cart system as follows: The services intended for the reservation are stored in the "shopping cart". Via the corresponding button in the navigation bar you can call up the "shopping cart" and make changes to it at any time. After calling up the "Order" page, personal data and payment conditions are entered; Finally, all order data is displayed here as an order overview.
If you are using an instant payment system (eg PayPal / PayPal Express / PayPal Plus) as your payment method, you will either be taken to the order overview page in our online store or you will be redirected to the website of the instant payment system provider. If you are transferred to the corresponding instant payment system, make the appropriate selection or entry of your data. Finally, you will be redirected to our online store on the order overview page.
Before submitting the order, you have the option of reviewing all the information on the order summary page, modifying it (also using the "back" function of the web browser) or canceling the order. By submitting the order using the "Order with payment obligation" button, you declare the legally binding acceptance of the offer, which results in the conclusion of the contract.
(4) Your requests regarding the creation of an offer are not binding on you. We will make you a binding offer in text form (eg by e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all the information necessary for the conclusion of the contract is partially automated by e-mail. You should therefore make sure that the email address you have stored with us is correct, the receipt of emails is technically assured and, in particular, is not prevented by spam filters.
§ 3 Provision of web hosting and server hosting services, obligations
(1) Our performance obligations arise from the description of the performance of the respective web hosting or server hosting offer.
(2) Insofar as we grant you full and unique administration rights to the servers provided as part of server hosting, you are solely and solely responsible for the administration and security of your server. You are obligated to install the necessary security software, constantly keep yourself informed of known security vulnerabilities and close them yourself. Installing maintenance programs or other software that we provide or recommend does not relieve you of this obligation.
(3) If we provide programs, you will receive a non-exclusive right to use the programs provided for the duration of the contract. You are obliged to comply with the respective license conditions.
(4) You are also responsible for configuring and managing your server so that the security, integrity and availability of networks, other servers, software and data of third parties are not threatened. In particular, you are prohibited from using the server to send spam e-mails and (d) DOS attacks or use open mail relays and other systems on the server via spam e-mails and (d) DDOS attacks . Can spread. In case of violation, we reserve the right to disconnect the server from the network without notice and to terminate the contract without notice.
(5) You do not have the right to assign the same IP address to the server for the entire duration of the contract. We reserve the right to change this if technically or legally necessary and to assign you a new IP address in this context.
(6) We reserve the right to adapt the hardware and software used to provide the services to the current state of the art and to notify you in a timely manner of any additional requirements that may arise for the content you have stored. on our servers. We are committed to making these adjustments only to a reasonable extent and taking into account your interests.
(7) We provide our services with an annual average availability of 99%, as long as no other availability is indicated in the corresponding service offer. Downtime due to regular or sporadic maintenance is included. This does not apply at times when the server cannot be reached due to technical or other problems beyond our control (force majeure, fault by third parties, etc.).
(8) You must not break English law; we reserve the right to block or delete your server at any time.
(9) Free products from the supplier side are a voluntary service to which there is no entitlement. These can be terminated at any time without notice or removed from the offer.
(10) For incorrect use of the IP address, such as sending spam or carrying out DDoS attacks, we reserve the right to request a one-time processing fee of € 25 and permanently block the product. In addition, we will bill you for all costs incurred.
(11) For misuse of the rented services, such as sending spam or performing DDoS attacks, we reserve the right to charge a one-time processing fee of € 30 and permanently block the product. In addition, we will bill you for all costs incurred.
§ 4 Domain management
(1) When acquiring and / or maintaining domains, we only act as an intermediary between you and the registrar. We need the creation and submission of an application for registration of the domains of your choice which has been fully completed in accordance with the requirements of the respective registration authority (eg enom resselerclub, etc.). No guarantee can be given for the transfer, allocation or permanent existence of domains in your favor; the registration conditions apply in this context. You warrant that the domain you have requested or have already registered does not infringe any rights of third parties. You are further obligated to notify us immediately of any loss of your domain.
(2) We are only entitled to activate a domain after payment of the agreed fee in accordance with section 5 of our customer information (part II). After termination of the contract, we may also refuse to release the domain until you have fulfilled all payment obligations of the contract to us.
(3) If you do not give clear instructions on how to transfer or delete the domain when the contract is terminated, we may return the domain to the responsible registrar or have it deleted after the end of the contract and after a reasonable period of time. The same is true if we trust the domain according to. Article 4 (2) of the general conditions can be refused.
§ 5 Additional obligations on your part
(1) You must inform us immediately of any changes to the data necessary for the performance of the contract. Passwords and other access data must be kept strictly confidential.
(2) You are obligated to design your domain and the content below in such a way as to avoid excessive load on our servers, for example through scripts that require high computing power or an above average amount of RAM. We are authorized to exclude websites or servers that do not meet the above requirements from access by you or by third parties. You will be immediately informed of such action.
(3) You ensure that your domains and the content available under them do not violate legal or moral regulations and do not violate the rights of third parties. This applies in particular to legal regulations relating to the identification of suppliers, copyright, trademarks, personality and other property rights, distance selling law, competition law, criminal law and data protection law. We are under no obligation to check your domains and the content available below for possible legal violations. After recognizing violations of the law or illegal content, we are authorized to block the content and make the domain in question inaccessible. You will be immediately informed of these measures. You release us from any claim resulting from a breach of the above obligations for which you are responsible. This also applies to our legal defense costs, including all legal and attorney costs.
(4) You must make backup copies yourself of all data that you transfer to our servers on separate data carriers. We are not responsible for creating backup copies. In the event of data loss, you transfer the relevant data back to our servers free of charge.
(5) You will ensure that the agreed data transfer volume (traffic) is not exceeded. Unless otherwise agreed, 1TB traffic is allowed. Traffic should be treated as "fair use".
§ 6 Contract duration, termination
(1) The contract between you and us for web hosting, server hosting or domains (except prepaid contracts) has the agreed term. If the contract is not canceled by one of the parties in writing (for example by e-mail) 30 days before the end of the contract (unless a different period is stipulated in the offer), it is tacitly extended by the base term agreed. If the basic duration is greater than one year, the contract is only extended for one year.
(2) Prepaid contracts are concluded for an indefinite period. You make the payment in advance for the prepaid period you have chosen. If no further prepayment is made at the end of the respective prepaid period, the contract ends at the end of the prepaid period; further termination on your part is not necessary.
With the receipt of the deposit until the end of the respective prepaid period, the extension takes place for the period specified in the prepaid contract. We may terminate prepaid text contracts with 14 days notice at the end of the respective prepaid period. In this case, any services you have already provided in advance will be reimbursed immediately.
(3) The right to withdraw from the contract without notice for an important reason remains unaffected. In particular, we have an extraordinary right of termination in the event of repeated breaches of your obligations in accordance with section 3, paragraphs 2 to 4 and section 5 of the general conditions. In the event of extraordinary termination on our part, you are required to pay compensation.
§ 7 Provision of services for other Internet services
(1) Insofar as other Internet services are part of the contract, we are liable for the individual services resulting from the description of the service. We provide this personally or through third parties to the best of our knowledge and belief.
(2) You are required to cooperate if further information needs to be provided to us in order to provide the service.
(3) The service is provided on the agreed dates.
§ 8 Right of retention
You can only exercise a right of retention if it relates to claims arising from the same contractual relationship.
§ 9 Liability
(1) We are fully responsible for damage caused by life, limbs or health. In addition, we are liable without limitation in all cases of intent and gross negligence, fraudulent concealment of a defect, acceptance of the guarantee of the quality of the purchased item and in all other cases regulated by law.
(2) Liability for defects within the scope of the legal warranty is based on the corresponding regulation in our customer information (Part II).
(3) If essential contractual obligations are affected, our liability for slight negligence is limited to the foreseeable damages typical of the contract. Essential contractual obligations are essential obligations which arise from the nature of the contract and the breach of which would jeopardize the fulfillment of the object of the contract, as well as the obligations that the contract imposes on us to achieve the objective of the contract, including First, execution allows the proper execution of the contract. And you can regularly trust their respect.
(4) Liability for slightly negligent breaches of obligations is excluded in the event of breach of insignificant contractual obligations.
(5) Data communication via the Internet cannot be guaranteed error-free and / or available at all times according to the current state of the art. We are not responsible for the constant or uninterrupted availability of the website and the services offered therein.
· 10 Choice of law, place of performance, jurisdiction
(1) German law applies. For consumers, this choice of law applies only to the extent that it does not remove the protection granted by the mandatory provisions of the law of the State of the consumer's habitual residence (favorable principle).
(2) The place of performance for all services resulting from the commercial relations existing with us and the place of jurisdiction is our head office, provided that you are not a consumer, but a trader, a legal person governed by public law or a special public law fund . The same applies if you do not have general jurisdiction in England or the EU or if your place of residence or habitual residence is not known at the time of filing the complaint. The power to appeal also to the court of another competent court remains unaffected.
(3) The provisions of the United Nations Convention on Contracts for the International Sale of Goods do not explicitly apply.
II. Customer information
1. Identity of the supplier
NEXLEO LTD NEXLEO LTD 20-22 Wenlock Road. N17GU London England Phone: +44 745 335 2729 E-mail: firstname.lastname@example.org The European Commission provides an online alternative dispute resolution platform (OS platform), available at http://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 options for correction take place in accordance with § 2 of our General Conditions (Part I).
3. Language of the contract, storage of the contract text
3.1. The language of the contract is English.
3.2. We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the print function of the browser. After receipt of the order by us, the order data, the information legally required for distance contracts and the general conditions will be sent to you again by e-mail.
3.3. For quotation requests outside the online shopping cart system, you will receive all contract data in the form 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 service
The essential features of the service can be found in the description of the service and additional information on our website or in the case of inquiries in our binding offer.
5. Prices and terms of payment
5.1. The prices indicated in the respective offers represent the total prices. They include all price components, including all applicable taxes.
5.2. You have the following payment options, unless otherwise specified in the respective offer or in the online ordering process :
Paypal | Credit card via Stripe
5.3. Unless otherwise specified in the respective offer or in the online ordering process, payment requests for the concluded contract must be paid immediately.
5.4. All invoices are issued with a delivery deadline. For products with monthly payment, the invoice for the following month is issued 14 days before the next due date. With quarterly, semi-annual and annual payment, this period is 30 days.
5.5. The supplier grants its customers the credit deposit for the payment of invoices issued for the services. A payment of this credit is not possible due to Art.11 para. 1 GG. When new invoices are issued, the credit is automatically recorded.
5.6. Reduction of the notice period: The pre-information period for SEPA direct debit has been reduced to one day. In the event of a return debit, we reserve the right to invoice you for the resulting costs of € 10.
6. Legal liability for defects
There are statutory rights of liability for defects.
7. Duration of contract, termination
You will find information on the duration of the contract and the conditions for termination in the "Term of contract, termination" regulation of our General Conditions (Part I), as well as in the corresponding service description.
Last updated: January 20, 2021