General Terms and Conditions (GTC / TOS) of ServerAtelier UG (haftungsbeschränkt)

These General Terms and Conditions (hereinafter referred to as "GTC") apply to all contracts between

ServerAtelier UG (haftungsbeschränkt),

Registered Office: Malvenstr. 4, 75433 Maulbronn, Baden-Württemberg, Germany,

registered in the Commercial Register of the Local Court (Amtsgericht) Mannheim under HRB 756187,

represented by the Managing Director(s): Paul Sengl and Micha Damaschke,

VAT ID: DE458297604

(hereinafter referred to as "ServerAtelier")

and its customers (hereinafter referred to as "Customer")

regarding the rental of servers and related services.

The GTC apply both to consumers (§13 German Civil Code (BGB), "B2C") and to entrepreneurs (§14 BGB, "B2B"), unless expressly distinguished between them.

Deviating or supplementary terms of the Customer shall not become part of the contract, unless ServerAtelier expressly agrees to their applicability in writing.

The contract language is German. An English translation of these GTC is provided solely for better understanding. In case of discrepancies or contradictions between the German and English versions, only the German version is legally binding, unless an expressly agreed differently language version serves as the contract basis.

These GTC also apply to customers with a registered office outside the European Union. German law applies exclusively, unless mandatory legal provisions of the respective country oppose this.

Customers outside the EU acknowledge that all contractual communications, invoices, and notifications may be provided in electronic form (email or customer portal) and are considered delivered as soon as they have been sent.

ServerAtelier provides the Customer with a server for use within the scope of the agreed service package for the duration of the contract. The server is made accessible via an individual IP address and port combination or – if selected – via a subdomain under the main domain of ServerAtelier.

During the ordering process, the Customer can choose various service options, such as server type (e.g., budget or performance server), location, subdomain, optional backups, modpack integration, or additional storage or computing capacity. The agreed scope of services results from the product description and the order form at the time of contract conclusion.

ServerAtelier reserves the right to make technical changes or developments to the provided infrastructure, provided that the agreed service or its quality is not significantly impaired.

The Customer does not acquire ownership rights to the provided hardware or software. Only a limited-term, non-transferable right of use for using the server resources according to the agreed scope of services is granted.

The minimum performance data of the offered servers (e.g., CPU cores, RAM) result from the respective current product description. Changes to technical specifications are permissible as long as they meet or exceed the agreed performance standard.

Backups are only created if the Customer expressly books them as a paid option. Without a booked backup, ServerAtelier assumes no responsibility for backing up customer data, and the Customer bears the risk of data loss.

The availability of the servers also depends on external factors (e.g., third-party internet connections) over which ServerAtelier has no influence. These are not part of the guaranteed scope of services, unless expressly agreed otherwise.

The contract between the Customer and ServerAtelier is concluded as soon as ServerAtelier expressly confirms the Customer's order or provides the ordered server.

The order is generally placed via the online ordering system on the ServerAtelier website. Before submitting the order, the Customer can review and correct all information.

The provision of the server is generally subject to receipt of payment, unless otherwise stated in the product description.

ServerAtelier reserves the right to reject orders without stating reasons, particularly in case of insufficient creditworthiness, suspicion of abusive use, or incomplete information. Technical errors during the transmission of electronic orders cannot be ruled out. ServerAtelier reserves the right to correct obvious mistakes, typing or calculation errors.

The contract term is based on the term option selected during the ordering process. The Customer can choose between different terms (e.g., 1, 3, 6, or 12 months).

Unless the option "one-time payment" is expressly selected during the ordering process, the contract is concluded as a recurring subscription. In this case, the contract is automatically renewed for the same period after expiry of the respective term, unless the Customer terminates it at least one (1) day before the end of the current term.

If the option "one-time payment" is selected, the contract ends automatically upon expiry of the agreed term without the need for termination.

Termination can only be made via the customer portal and is possible there at any time with a few clicks. Termination via any other means is excluded.

The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if the Customer violates essential contractual obligations, such as in case of payment default or abusive use of the servers.

In the event of extraordinary termination by ServerAtelier, the claim for payments already due up to the time of contract termination remains.

The prices stated in the product description are binding and are indicated in the currency specified there (e.g., EUR, USD). The price and currency displayed and selected by the Customer during the ordering process at the time of the order are decisive.

Payment is generally made in advance for the entire billing period. ServerAtelier provides the Customer with an electronic invoice (e.g., by email or in the customer area) after contract conclusion.

The available payment methods (e.g., PayPal, credit card, SEPA direct debit, instant transfer) are indicated in the ordering process. The Customer must ensure that the specified payment method has sufficient coverage.

Payment is due immediately after contract conclusion.

For payments in foreign currencies, conversion is based on the exchange rate indicated by ServerAtelier on the day of invoicing.

Customers outside the EU are themselves responsible for compliance with local tax reporting obligations, import or sales taxes. ServerAtelier assumes no liability for this.

If the Customer is a consumer within the meaning of § 13 BGB, they generally have a statutory right of withdrawal for distance selling contracts.

This right of withdrawal expires in accordance with § 356 (5) BGB if ServerAtelier has fully performed the service (e.g., provision or activation of the server) before the expiry of the withdrawal period and the Customer has previously expressly agreed that ServerAtelier begins performance before the end of the withdrawal period and has confirmed that they lose their right of withdrawal upon commencement of service performance.

By ordering a server, the Customer expressly agrees that ServerAtelier will begin providing the service immediately after contract conclusion.

After provision or activation of the server, withdrawal is excluded. Refunds after provision are issued exclusively in the cases regulated in § 5 paragraph 6.

For customers with a registered office outside the European Union, there is no statutory right of withdrawal under European consumer law.

ServerAtelier may voluntarily grant a right of cancellation, if this is expressly agreed or confirmed in writing in individual cases.

The Customer is obliged to use the servers provided by ServerAtelier exclusively within the framework of applicable laws, these GTC, and the agreed purpose of use.

The Customer is solely responsible for all content, data, and programs stored, processed, or distributed on the server. This also applies to actions of third parties whom the Customer has granted access to the server.

The Customer is obliged to keep access data and passwords secure and to prevent unauthorized access. Disclosure is only permitted if third parties are acting on behalf of the Customer.

The Customer must create regular backup copies of their data, unless these are expressly part of the service owed by ServerAtelier.

In case of suspicion of illegal use, danger to the secure operation of the systems, or attempts at manipulation, ServerAtelier is entitled to temporarily block the server in question. The Customer will be informed of this without delay. A block does not release the Customer from their payment obligation.

ServerAtelier is entitled to terminate the contract extraordinarily and without notice if the Customer violates essential contractual obligations or usage restrictions. ServerAtelier reserves the right to claim damages, to the extent demonstrable damage has occurred.

The Customer indemnifies ServerAtelier from all claims of third parties arising from illegal or contract-violating use of the server by the Customer or by third parties authorized by them, and compensates ServerAtelier for all demonstrable damages arising therefrom.

ServerAtelier reserves the right, in case of justified suspicion of illegal activities, to inform the competent authorities and to provide information within the framework of legal obligations.

The Customer is obliged to provide all data indicated in the ordering process and in the customer account (e.g., name, address, email address, payment data, VAT ID) completely and correctly and to update them without delay in case of changes. The Customer is liable for all damages or costs incurred by ServerAtelier due to incorrect, outdated, or incomplete information. ServerAtelier is entitled to suspend the provision of services as long as required data is missing or obviously incorrect.

ServerAtelier provides the server resources according to the state of the art and within the framework of existing operational and technical possibilities. Guaranteed availability or freedom from errors is not assured.

ServerAtelier is not liable for data loss, unless the Customer has booked a paid backup package or has failed to create their own backup copies. In this case, the Customer is themselves responsible for regularly backing up their data stored on the server.

Furthermore, ServerAtelier is not liable for failures or restrictions that are outside its sphere of influence, in particular not for:

• Disruptions or failures in public networks, with third parties, or in the data center
• Force majeure within the meaning of §11 of these GTC
• Misconfigurations, software errors, or interventions by the Customer or third parties

ServerAtelier is fully liable for damages resulting from injury to life, body, or health caused by an intentional or negligent breach of duty by ServerAtelier, its legal representatives, or vicarious agents.

For other damages, ServerAtelier is only liable in cases of intent or gross negligence. For simple negligence, ServerAtelier is only liable for breach of essential contractual obligations ("cardinal obligations") and limited to the typically foreseeable damage, but at most up to the amount of the typically expected remuneration for the affected billing period.

Liability for lost profits, indirect damages, production downtime, or other consequential damages is excluded, to the extent legally permissible.

For services provided free of charge (e.g., test servers, promotion or beta offers), ServerAtelier is only liable in cases of intent or gross negligence.

The above limitations of liability apply accordingly to legal representatives, employees, and vicarious agents of ServerAtelier.

Mandatory statutory liability regulations, in particular under the Product Liability Act, remain unaffected.

A claim for specific service levels (e.g., availability or response times) exists only if these have been expressly agreed contractually.

ServerAtelier provides its services according to the state of the art within the framework of existing technical and operational possibilities. A specific availability, speed, or performance capacity of the servers is not guaranteed.

Maintenance work, updates, or security measures can lead to temporary restrictions or interruptions. Such measures are carried out – as far as possible – outside of main usage times.

The Customer will be informed in a timely manner about planned, longer-lasting maintenance work. For security-critical measures, information may also be provided at short notice or subsequently.

ServerAtelier is entitled to temporarily deactivate servers or services if this is necessary to maintain system security, for troubleshooting, or to comply with legal requirements.

The Customer acknowledges that there is no entitlement to constant availability or uninterrupted operation. A claim for reduction or refund is excluded, provided the service is essentially provided within the framework of industry-standard levels.

To the extent ServerAtelier enables the Customer to access or integrate external services (e.g., third-party APIs, plugins, payment or communication systems), the use of these services is solely at the Customer's own responsibility.

For the availability, security, or functionality of external services, ServerAtelier assumes no warranty or liability, unless there is fault on the part of ServerAtelier.

The Customer undertakes to comply with the terms of use and privacy policies of the respective external providers. ServerAtelier is not liable for violations by the Customer of such provisions.

In case of force majeure, ServerAtelier is exempt from the obligation to perform for the duration of the impairment and to the extent of its effects.

ServerAtelier will inform the Customer about the occurrence and expected duration of such a disruption without delay, as far as possible.

ServerAtelier is entitled to change these GTC to the extent necessary to adapt to technical, legal, or economic developments and does not unreasonably disadvantage the Customer.

Changes to the GTC will be communicated to the Customer in text form (e.g., by email or via the customer portal) at least 14 days before they take effect.

If the Customer does not object to the changes within the period stated in the notification, the changed terms are deemed accepted. ServerAtelier will expressly inform the Customer in the change notification of the right to object and the consequences of failing to object.

If the Customer objects in a timely manner, the contract remains in force under the previous terms; in this case, ServerAtelier reserves the right to terminate the contract upon expiry of the current term.

ServerAtelier processes personal data of the Customer exclusively within the framework of applicable data protection laws, in particular the General Data Protection Regulation (GDPR) and the German Federal Data Protection Act (BDSG).

The details of data processing are set out in the Privacy Policy of ServerAtelier.

The Customer remains the Controller for all personal data that they store, process, or make accessible to third parties on their server. To the extent the Customer processes personal data of third parties on the server, they are obliged to comply with the relevant data protection regulations.

If the Customer processes personal data on the provided servers or books optional backup services, the Data Processing Agreement pursuant to Art. 28 GDPR automatically becomes part of the contractual relationship. The current version of the agreement is available at DPA.

If ServerAtelier transfers personal data to countries outside the European Economic Area (EEA), this is done exclusively in compliance with Art. 44 ff. GDPR and only to recipients with an adequate level of data protection (e.g., via EU Standard Contractual Clauses or an adequacy decision of the EU Commission).

The technical and organizational measures are set out in the respective current Data Processing Agreement pursuant to Art. 28 GDPR.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If the Customer is a consumer, this choice of law applies only insofar as no mandatory consumer protection provisions of the state in which the Customer has their habitual residence are deprived.

If the Customer is a merchant, a legal entity under public law, or a public-law special fund, the exclusive place of jurisdiction for all disputes arising from this contract is the registered office of ServerAtelier. The same applies if the Customer does not have a general place of jurisdiction in Germany.

For customers with a registered office outside the European Union, the registered office of ServerAtelier is the exclusive place of jurisdiction, unless mandatory legal regulations of the respective country oppose this.

ServerAtelier endeavors to resolve disagreements with customers amicably.

Consumers can contact recognized out-of-court dispute resolution bodies. An overview can be found at: https://commission.europa.eu/live-work-travel-eu/consumer-rights-and-complaints/resolve-your-consumer-complaint_en

ServerAtelier is not obliged to participate in dispute resolution proceedings before consumer arbitration boards and is not willing to do so, unless participation seems expedient in individual cases.

For disputes that are not settled out of court, § 14 of these GTC applies.

All additional agreements, changes, or supplements to this contract must be recorded in writing. This also applies if the requirement for a written agreement is to be waived.

If a provision of these GTC is wholly or partially invalid or unenforceable, the remainder of the contract remains valid. The invalid provision shall be replaced by a legally permissible regulation that comes as close as possible to the original purpose.

In case of contradictions between the German version and a translation, the German version is always binding.