Terms and Conditions

Status: continuously updated. The version published at the time the contract is concluded shall prevail.

Section 1 Scope, Provider, Definitions

(1) These Terms and Conditions apply to all contracts between Nobody Workz – Michael Gloe & Lukas Eberle GbR, Bahnhofstrasse 1, 92521 Schwarzenfeld (the "Provider") and its customers (the "Customer") concerning the services offered at https://nobodyworkz.eu and in the associated portals.

(2) Services include in particular: web hosting, virtual and dedicated servers (VPS/root servers), domain registration and management, web servers, e-mail hosting, game server hosting, as well as development/studio services (e.g. assets, configurations) and shop/community offerings.

(3) A "consumer" is any natural person who concludes a legal transaction for purposes that are predominantly outside their trade, business or profession (Section 13 of the German Civil Code, BGB). An "entrepreneur" acts in the exercise of their trade, business or profession (Section 14 BGB).

(4) Deviating, conflicting or supplementary terms of the Customer do not become part of the contract unless the Provider expressly agrees to their validity in text form.

Section 2 Conclusion of Contract

(1) The presentation of services does not constitute a binding offer by the Provider but an invitation to submit an offer.

(2) By submitting an order, the Customer makes a binding offer to conclude a contract. The contract is concluded upon acceptance by the Provider, at the latest upon provision of the service or an order confirmation. An automated acknowledgement of receipt does not yet constitute acceptance.

(3) The contract text is stored by the Provider; the contract language is German (additionally English). The Customer can access and save the applicable terms on this page at any time.

Section 3 Scope of Services, Provision, Cooperation

(1) The specific scope of services results from the respective product/plan description at the time of the order. Server, hosting and game server services are generally provisioned automatically after receipt of payment.

(2) The Provider operates the services in data centres in Germany and the Netherlands, using carefully selected data centre and infrastructure partners. The choice of hardware, software, virtualisation and management systems lies with the Provider unless expressly agreed otherwise.

(3) The Provider is entitled to further develop the services and to make technical adjustments that are reasonable for the Customer, provided the contractually owed core service is not substantially impaired.

(4) The Customer cooperates to the extent necessary, in particular by providing accurate master and contact data, maintaining secure access credentials, and keeping the software operated by them up to date.

Section 4 Prices, Small Business Scheme, Payment, Default

(1) The prices shown at the time of the order apply. Pursuant to Section 19 UStG, no VAT is charged or shown (final prices).

(1a) Sales to consumers resident in other EU member states: the Provider uses the small business scheme under Section 19 UStG (Germany) as well as – where required – the EU small business scheme for cross-border supplies / services to private customers in other EU member states. Upon exceeding the Union-wide threshold, registration is made via the One-Stop-Shop (OSS) procedure at the German Federal Central Tax Office; the displayed prices remain final prices and no separate VAT is invoiced to consumers.

(1b) Sales to businesses based in other EU member states: for a taxable supply to another EU business, the reverse charge mechanism applies (Section 13b UStG / Art. 196 VAT Directive). In this case the invoice will contain the notice "Reverse charge / VAT liability of the recipient".

(2) Payment is made via the payment methods offered (in particular Stripe and PayPal) or, where offered, via balance/wallet. A direct debit / SEPA procedure is not offered. Payment processing is carried out by the respective payment service providers, whose terms apply additionally between the Customer and the payment service provider.

(3) For recurring services, billing takes place in advance on the respective billing date. Invoices/receipts are provided electronically.

(4) If the Customer defaults on payment, the Provider is entitled, after prior notice and setting a reasonable deadline, to restrict, suspend (block) the affected services or to terminate the contract for cause. For consumers, default interest is charged at the statutory rate; statutory rights of the Provider remain unaffected.

Section 5 Term, Renewal, Termination

(1) Term, billing period and notice periods result from the selected plan. Fixed-term contracts renew automatically for the respective renewal period where indicated and legally permissible, unless terminated in due time.

(2) Consumer contracts for the ongoing provision of services that provide for automatic renewal may be terminated at any time after the minimum term with one month's notice (Section 309 No. 9 BGB as amended); termination is also possible via a termination function provided in the portal.

(3) The right to extraordinary termination for cause remains unaffected for both parties. Cause for the Provider exists in particular in the event of significant breaches of the obligations under Section 6 and the Acceptable Use Policy (AUP).

(4) After the end of the contract, the associated data will be deleted after a reasonable period; the Customer is responsible for the timely backup of their data (Section 8).

Section 6 Customer Obligations, Acceptable Use

(1) The Customer keeps their access credentials secret and protects them against unauthorised access. The Customer is responsible for all actions taken via their access to the extent attributable to them.

(2) The Customer does not use the services unlawfully and does not infringe the rights of third parties. Prohibited in particular are: storing or distributing illegal content, infringements of copyright, trademark or personality rights, sending spam or unsolicited advertising, phishing, distribution of malware, DoS/DDoS activities, port scans, operating open mail relays, and any action that endangers the operation of the infrastructure or of third parties. Details are set out in the Acceptable Use Policy (AUP), which forms part of the contract.

(3) In the event of breaches, the Provider is entitled to block or remove the affected content without undue delay and – in the case of serious or repeated breaches – to suspend the service or terminate the contract for cause. The procedure for notices of illegal content follows the Abuse / Reporting Policy (notice-and-action under Article 16 DSA).

(4) If the Customer stores personal data of third parties on the Provider's infrastructure, the Customer is the data controller in this respect and the Provider is the processor. In this case, the Data Processing Agreement (DPA) under Article 28 GDPR applies additionally.

Section 7 Availability, Maintenance

(1) The Provider endeavours to ensure high availability of the services and operates 24/7 monitoring as well as DDoS protection measures. A specific, guaranteed availability (service level) is only assured where expressly and separately agreed.

(2) Maintenance work is carried out where possible during off-peak times and – where reasonable – announced in advance. Necessary immediate measures to maintain security or integrity remain unaffected.

(3) Force majeure and disruptions beyond the Provider's control (e.g. failures of upstream networks or infrastructure partners, official measures) may lead to temporary restrictions for which the Provider is not responsible.

Section 8 Data Backup

(1) The Customer is responsible for the content they store and for the regular, self-responsible backup of their data, unless a backup scope of service is expressly agreed.

(2) Where the Provider creates backups, this is done in accordance with the respective service description and does not replace the Customer's own responsible backup.

Section 9 Domain Registration (Intermediary Service)

(1) When registering, transferring or managing domains, the Provider acts solely as an intermediary between the Customer and the respective competent registry or the commissioned registrar. There is no claim to allocation of a specific domain; the availability and allocation conditions of the respective registry are decisive.

(2) The respective registration terms and policies of the competent registries apply additionally (e.g. DENIC eG for .de domains and ICANN and the respective registry for generic and country-code domains). The Customer accepts these upon placing the order.

(3) The Customer warrants that the registration of the desired domain does not infringe the rights of third parties and does not violate statutory provisions. The Customer provides accurate and complete registrant data and keeps it up to date; within the allocation policies, the transfer of certain data to the registry/registrar may be required (see Privacy Policy).

(4) Upon termination of a contract regarding a domain, the further fate of the domain (e.g. termination, transfer, deletion) is governed by the terms of the competent registry.

Section 10 Liability

(1) The Provider is liable without limitation for intent and gross negligence, for fraudulently concealed defects, within the scope of an assumed guarantee, for injury to life, body or health, and under the German Product Liability Act.

(2) For slight negligence, the Provider is liable only for the breach of a material contractual obligation (cardinal obligation, the fulfilment of which makes the proper performance of the contract possible in the first place and on whose compliance the Customer may regularly rely). In this case, liability is limited to the foreseeable damage typical of the contract.

(3) Any further liability is excluded. This applies in particular to indirect damage and loss of profit, unless liability is mandatory.

(4) For the loss of data, the Provider is liable only to the extent that would have arisen even with proper and regular data backup by the Customer (Section 8).

(5) The above limitations of liability also apply for the benefit of the Provider's legal representatives and vicarious agents.

Section 11 Amendments to these T&C and the Services

(1) The Provider may amend these T&C with effect for the future, provided this is necessary to adapt to changed legal or technical conditions and the amendment does not unreasonably disadvantage the Customer, taking the Provider's interests into account.

(2) Amendments will be communicated to the Customer in text form at least six weeks before they take effect. If the Customer does not object within the stated period and continues to use the service, the amendments are deemed accepted; the notification will draw separate attention to this consequence. In the event of material amendments, the Customer has a special right of termination.

Section 12 Final Provisions, Choice of Law, Place of Jurisdiction

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive the consumer of the protection afforded by mandatory provisions of the law of the consumer's habitual residence.

(2) The place of performance is the Provider's registered office. If the Customer is a merchant, a legal entity under public law or a special fund under public law, or has no general place of jurisdiction in Germany/the EU, the place of jurisdiction is – where permissible – the Provider's registered office. Statutory consumer jurisdictions remain unaffected.

(3) The written/text form requirements of these T&C are also met by e-mail or portal message, unless a stricter form is mandatorily prescribed.

(4) Should any provision of these T&C be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. The statutory provision shall replace the invalid provision.