Terms of service

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1. General

NUXOA GmbH operates the Internet portal with the URL "nuxoa.de" under the name "NUXOA". 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. User name, e-mail address and password are required for registration. The services of NUXOA can be booked according to a prepaid or contract system. The customers have with the registration the possibility to charge a customer account with currency "EURO".

The General Terms and Conditions ("GTC") govern the contractual relationship between NUXOA and the Customers using the Server Services.

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2. Performances

1. NUXOA offers its customers the possibility to rent existing products according to a prepaid system or contract system for a certain term. The customer can determine the term of the product itself and extend it as desired. It is possible to shorten the term rented by the customer or to terminate the rented services prematurely. In case of an early termination by the customer, NUXOA is entitled to charge 50% of the fees for the remaining term of the contract as a handling fee.
2. The booking of a product from NUXOA requires registration as a customer. The registration itself is free of charge. NUXOA can refuse the registration of a customer at any time without giving reasons. For registration, the customer must fill out the registration form. For the registration user name, e-mail address and password are required.
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3. The services may only be used for the purposes specified by NUXOA. It is prohibited to store or distribute illegal or copyrighted content on the products provided.
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4. Temporary restrictions may result from technical disruptions such as interruption of telecommunications, power supply, hardware and software failures. A refund for such a failure is possible; refund type determines NUXOA.
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5. If a customer defaults on a payment, NUXOA is entitled after 14 days to stop providing services until the customer settles the outstanding items. In particular, NUXOA may also shut down any servers or storage space rented by the customer. This may be accompanied by the non-accessibility of the customer's Internet pages. NUXOA is not obligated in the case of a delay in payment to extend domains or to keep data available.
6. The right to extraordinary termination remains unaffected. NUXOA may terminate a contract prematurely in particular if there is a delay in payment of more than 4 weeks or if the customer hosts prohibited content with NUXOA several times. If the customer is responsible for the premature termination, NUXOA is entitled to charge 50% of the fees that would have been incurred until the end of the regular contract term. The parties are allowed to prove a lower or higher damage respectively.
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3. Contract conclusion, price offer, terms of payment
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1. The services listed by NUXOA and the order options are only an invitation to the customer to submit an offer. A binding contract between NUXOA and the customer comes only through acceptance by both parties.
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2. The payment and billing of the services takes place exclusively via the established customer account. By booking a product, the customer acknowledges the current prices for the service and authorizes NUXOA to debit the fees from his customer account.
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3. For all our products, prices can be adjusted to the market economy. For this reason, prices may change.
4. A written confirmation of receipt will be issued by NUXOA. The customer has at any time the possibility to create a printout of his customer account.
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5. Because of the legal basis of the GwG (Money Laundering Act) and terms and conditions of some payment service providers existing credit can not be paid out. The credit remains without expiration date on the customer account.

4. Regulations for registration
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1. Only any natural person, partnership or legal entity with unrestricted legal capacity can become a customer with unrestricted usage.
2. Minor customers from the age of 14 receive a limited usage option. With the registration the underage customers assure that a consent of the legal guardians for the use of the services of NUXOA is available. NUXOA is entitled at any time to request written consent from the legal guardians.
3. For compliance with the protection of minors, NUXOA reserves the right to conduct an age verification procedure. The age verification can be automated based on the data provided by the customer. NUXOA is entitled at any time to request suitable proof of age verification.
4. The customer must provide the personal data in the registration form completely and correctly. Registration with inaccurate information is prohibited. NUXOA is entitled at any time to challenge and prematurely terminate the contract in case of incorrect information. In the event of termination of the contract by NUXOA, no refund of fees already paid will be made. The account balance from the customer's account will be collected and not paid out.
5. Each customer can be blocked by NUXOA in case of an important reason, e.g. unlawful violation or violation of the ABG. In case of blocking by NUXOA, there will be no refund of fees already paid. The account balance from the customer account will be withdrawn and not paid out.

5. Setting up / maintaining the customer account
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1. The customers have a customer account with NUXOA in the currency "EURO (€)". The customer account can be charged with the offered means of payment (eg PayPal, Sofort or paysafecard).
2. Money payments are accepted only in the currency "EURO". Payments in "EURO" will be credited to the customer account after deduction of any third-party fees. When the customer account is closed, any fees incurred and shown will be deducted from the current balance.
3. Overdraft of the customer account is not possible. The deposited amounts in the customer account can only be used for the services offered by NUXOA.
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4. The customer account can be deactivated or deleted without giving reasons and at the sole discretion of NUXOA, e.g. if the last login of the customer has a period of more than one year.
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6. Cancellation of the customer account
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1. The customer may terminate his customer account at any time at the end of the term of the services booked by him.
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2. NUXOA may terminate the customer account without giving reasons properly with a notice period of one month to the end of the term of the booked services.
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3. With a blocking or deletion of the customer account, the booked services are also terminated and removed. A reactivation of the customer account is not possible after the deletion. The amounts paid into the customer account will not be paid out in the process.

7. Donations

1. Through NUXOA, customers can receive a donation from other users. Donations are regular payments, with which the customer account can be charged with the currency "EURO". The same points of "5. setup / management of the customer account" apply.
2. Because of the legal basis of the GwG (Money Laundering Act) and terms and conditions of some payment service providers existing credit and thus donations can not be paid out. The donations remain without expiration date on the customer account of the recipient.
3. NUXOA reserves the right to deactivate the option for donations at any time under certain conditions or an important reason, e.g. unlawful violation, abuse or violation of the ABG.

8. Right of withdrawal

1. Orders by private person: The contract declaration can be revoked by a customer within two weeks without giving reasons in text form, including letter, fax, e-mail or via the contact form. The period begins at the earliest with receipt of a detailed instruction about the right of withdrawal in text form. To meet the deadline, it is sufficient to send the revocation in time. Contact options for a revocation
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2. Orders by entrepreneurs: If a customer has acted in his commercial or independent professional activity is no revocation.
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3. Consequences of revocation: In the event of an effective revocation, the services received by both parties shall be returned and any benefits derived shall be surrendered. If the customer has requested that the services begin during the revocation period, the customer shall pay an appropriate amount corresponding to the proportion of the services already provided up to the point in time at which NUXOA informs the customer of the exercise of the right of revocation with regard to this contract, compared to the total scope of the services provided for in the contract. If the received service cannot be returned in whole or in part or only in a deteriorated condition, compensation must be paid to NUXOA to this extent. The right of withdrawal does not apply as soon as NUXOA has already provided the booked services, set them up for the customer and made them available.

9. Liability

1. NUXOA is liable to the customer in accordance with the statutory provisions for damages arising from injury to life, body or health, which are based on an intentional or negligent breach of duty by NUXOA, as well as for other damages based on an intentional or grossly negligent breach of duty as well as fraudulent intent.
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2. In addition, NUXOA is liable for damages under mandatory statutory provisions and in the case of the assumption of guarantees. Unless one of the aforementioned cases, NUXOA is liable for slight negligence only if their legal representatives, executives or other vicarious agents violate a material contractual obligation. In these cases, liability is limited to typical and foreseeable damages. In all other cases NUXOA is not liable for slight negligence. NUXOA is not liable for indirect or consequential damages.
3. NUXOA assumes no liability for input, transmission and / or evaluation errors, since these are beyond the control of NUXOA.
4. The customer is responsible for content that the customer places on the Internet and is liable for any violations of the law. NUXOA assumes no liability for the content of the customer. Upon obtaining knowledge, all services rented from NUXOA will be blocked immediately.
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5. NUXOA has the right to correct obvious errors, especially in the provision of information and prices, even after the fact. A claim for damages by the customer is excluded in these cases.
6. According to §280 BGB NUXOA is not responsible for downtimes which are not in the sphere of influence of NUXOA (force majeure, fault of a third party, etc.).
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7. If a customer sets up hardware in NUXOA's data center, he grants NUXOA a lien on the hardware. This serves as security for current and future claims of NUXOA.
8. For hardware set up by the customer NUXOA is not liable, there is no insurance. The customer is also solely responsible for the maintenance of its hardware.

10. Changes to the GTC
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NUXOA is entitled to change the content of these GTC with the consent of the customer, provided that the change is reasonable for the customer, taking into account the interests of NUXOA. Consent to the amendment shall be deemed to have been given unless the customer objects to the amendment within four weeks of receipt of the notice of amendment. NUXOA undertakes to inform the customer of the consequences of failure to object when notifying the customer of the change. If the customer objects within this period, NUXOA is entitled to terminate the contractual relationship in compliance with the time limit and to block the customer's account.

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Ban on abuse

Abusive conduct on NUXOA's platform or services operated by NUXOA is prohibited. Abuse occurs when the customer:

intentionally provides incorrect, misleading or incomplete information

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unauthorized to open a customer account with NUXOA

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cheats or attempts to cheat (for example, if Customer uses mechanisms, software or other scripts in connection with the use of NUXOA's Platform or the Services operated by NUXOA)

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intentionally caused a malfunction or failure

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manipulates the services provided

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violates any other obligations and/or rights of others arising from statutory provisions, the GTC of NUXOA and its general rules of conduct.

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12. Other provisions
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1. In these General Terms and Conditions (GTC), German law shall apply exclusively. The place of jurisdiction for all claims based on this contractual relationship as well as all disputes arising between the parties concerning the conclusion, execution or termination of the contractual relationship is, insofar as the customer is a merchant or has no general place of jurisdiction in Germany, in Fürstenfeldbruck.
2. If a provision of the terms and conditions in whole or in part is or becomes legally invalid, the validity of the remaining provisions shall not be affected. If a provision is invalid, it shall be replaced by the legally permissible provision.
3. Only German shall be available as the contract language.

Last modification: 2023-07-12