Terms and Conditions for Nexthosting (B2C)

This English translation is provided for convenience only. In case of any discrepancy, the German version shall prevail.

General Terms and Conditions (B2C) of Nexthosting / Friedl & Friedl GbR
Last updated: June 7, 2026

Provider:
Friedl & Friedl GbR
trading as “Nexthosting”
Vetschauer Straße 19
01237 Dresden
Email: [email protected]

§ 1 Scope

1. These General Terms and Conditions apply to all contracts between Friedl & Friedl GbR, trading as “Nexthosting” (hereinafter “Nexthosting” or “we”), and consumers within the meaning of § 13 BGB (German Civil Code) (hereinafter “customer”) for the provision of hosting, server, domain, storage, game server, VPS, root server and web space services as well as other digital or technically supported services.

2. A consumer within the meaning of these Terms and Conditions is any natural person who enters into a legal transaction for purposes that can be attributed neither predominantly to their commercial nor to their self-employed professional activity.

3. Deviating terms of the customer do not apply unless Nexthosting expressly agrees to their validity in text form.

4. Individual agreements between Nexthosting and the customer take precedence over these Terms and Conditions.

5. For optionally bookable additional services and add-ons, in particular prioritized support, server migration service, managed game servers and plugin/modpack installations, the Terms for Add-ons and Additional Services apply in addition. These become part of the contract if the customer books a corresponding add-on or additional service.

§ 2 Subject matter of the contract and service description

1. The subject matter of the contract is the services described in more detail by Nexthosting in the online shop, customer portal, offer or the respective product description.

2. The type, scope, technical design, term, storage space, RAM, CPU performance, traffic, IP addresses, backups, databases, ports, scope of support and any additional options are determined exclusively by the service description of the booked product that is valid at the time the contract is concluded.

3. Nexthosting owes the provision of the contractually agreed digital service. A specific economic, gaming, business or technical outcome is owed only if it has been expressly promised.

4. Where free additional services, trial access, goodwill services or voluntary additional features are provided, this is done on a revocable basis and without creating any future entitlement, unless expressly agreed otherwise.

5. Where the customer selects optional add-ons or additional services during the order, an upgrade or a subsequent expansion, their specific scope of services is additionally governed by the respective description in the order process and by the Terms for Add-ons and Additional Services.

§ 3 Conclusion of contract

1. The presentation of services on the website, in the shop or in the customer portal does not yet constitute a binding contractual offer by Nexthosting, but a non-binding invitation to the customer to submit an offer.

2. By completing the order process and clicking the correspondingly labeled button, the customer submits a binding offer to enter into a contract.

3. The contract is only concluded by
   a) express acceptance by Nexthosting in text form, or
   b) activation, provisioning or enabling of the ordered service, or
   c) sending of the invoice or contract confirmation, provided that acceptance is clearly evident from it.

4. Nexthosting is entitled to reject contractual offers within a reasonable period, in particular in the event of a justified suspicion of abuse, false information, credit risks, technical pricing errors, unlawful intended use or lack of availability.

5. The contract language is German.
   The contract text is not stored.
   Order data and these Terms and Conditions are made available to the customer during the order process and are sent in the contract confirmation after the contract is concluded.

§ 4 Customer account, customer information

1. Where a customer account is required to use the services, the customer is obliged to provide complete and accurate information when registering and during the term of the contract.

2. The customer must update changes to their contact details, in particular email address, billing address and telephone number, in the customer account without undue delay or notify Nexthosting of them in text form.

3. Access data, passwords, API keys and comparable authentication credentials must be kept secret by the customer and protected against access by third parties.

4. The customer is liable, within the scope of the statutory provisions, for actions carried out via their customer account or with their access data, provided that the customer is responsible for the misuse.

§ 5 Provision of services

1. The booked service is provided within the period specified in the product description. If no specific provisioning time is stated, the service is provided within a reasonable time after the contract is concluded and, where agreed, after receipt of the first payment.

2. Statements such as “instantly available”, “instantly active” or comparable wording are subject to successful automated or manual provisioning, technical availability and necessary security or plausibility checks.

3. Nexthosting is entitled to use suitable third-party providers, data centers, upstream providers, registrars, payment service providers or technical subcontractors to perform the services.

4. Where the customer is granted administrator, root, SSH, FTP, panel or other management rights, the customer is themselves responsible for the use of these rights from the time the access data is handed over, unless a managed service has been expressly agreed.

§ 6 Right of withdrawal and early commencement of the service

1. Consumers are generally entitled to a statutory right of withdrawal for distance contracts. For details, please refer to the separate withdrawal notice and the model withdrawal form at https://nexthosting.net/widerruf.

2. Compensation for services: If the customer expressly requests that Nexthosting begin performing the service (e.g., hosting provisioning) before the withdrawal period has expired, the customer must pay an appropriate amount (compensation) in the event of withdrawal. This corresponds to the proportion of the services already provided up to the time of withdrawal in comparison with the total scope of the services provided for in the contract.

3. Early expiry for digital content: For contracts for the supply of digital content not supplied on a tangible medium (e.g., software licenses or immediate data access), the right of withdrawal expires early if Nexthosting has begun performing the contract after the customer:

   • a) has expressly consented to Nexthosting beginning performance before the withdrawal period has expired, and
   • b) has confirmed their awareness that, as a result, they lose their right of withdrawal once performance of the contract begins, provided the statutory requirements for this are met.

4. Early expiry for services: For pure services, the right of withdrawal expires early if Nexthosting has fully performed the service and began performance only after the customer gave their express consent and confirmed their awareness that they lose their right of withdrawal upon full performance of the contract.

5. The customer’s statutory rights otherwise remain unaffected.

§ 7 Prices and payment terms

1. The final prices stated at the time of the order apply, including statutory value added tax where applicable. If services are invoiced free of VAT or under special tax rules, this is indicated in the order process.

2. Unless otherwise agreed, recurring fees are due in advance for the agreed billing period.

3. One-time fees, setup fees, upgrade costs, domain registration fees or additional options are due immediately upon conclusion of the contract, unless otherwise agreed.

4. The available payment methods are shown in the order process.

5. Invoices are due on the date stated on the invoice. The customer falls into default upon expiry of the statutory requirements. With respect to consumers, default occurs at the latest 30 days after the due date and receipt of the invoice or an equivalent payment schedule, and only if the invoice or payment schedule specifically pointed out this consequence. The right of Nexthosting to send a reminder to the customer as soon as the payment becomes due remains unaffected.

6. If the customer defaults on a payment, the statutory provisions apply. In particular, Nexthosting is entitled to demand reminder fees to a reasonable extent as well as statutory default interest.

7. The customer may only set off counterclaims that are undisputed, have been finally determined by a court or are ready for decision. The customer has a right of retention only insofar as it is based on the same contractual relationship.

§ 8 Contract term, automatic renewal, cancellation

1. The contract term is determined by the respective booked product.

2. Contracts may be structured as
   a) fixed-term contracts that can be canceled monthly,
   b) contracts with a minimum term, or
   c) prepaid/advance payment models.
   

3. Where a minimum term is agreed, it applies only to the extent expressly stated when the contract is concluded. With respect to consumers, an initial commitment is a maximum of 24 months.

4. Where a consumer contract is renewed after an initial term has expired, the renewal is for an indefinite period only, provided that this is provided for in the product. The renewed contract can then be canceled at any time with one month’s notice.

5. The specific contract term, the payment interval, any automatic renewal and the applicable notice period are displayed to the customer in the order process, in the product description or in the customer account.

6. For contracts without a minimum term, unless otherwise provided in the product description, in the order process or in the customer account, an ordinary notice period of one month to the end of the respective billing period applies. If a shorter notice period is stated for a product, it applies in favor of the customer.

7. Prepaid services generally end upon expiry of the booked service period, unless automatic renewal has been expressly agreed. If automatic renewal has been agreed with consumers, paragraph 4 and the statutory requirements apply.

8. Cancellation does not affect payment claims of Nexthosting that have already arisen. Open invoices for services that have already been booked, provided or used remain due even after the cancellation takes effect.

9. The right of both parties to terminate extraordinarily for good cause remains unaffected.

10. Cancellations may be made in text form, unless a stricter statutory form is prescribed. Where legally required, Nexthosting also provides a cancellation option for electronic commerce.

11. Where the subject matter of the contract is a game server or a comparable server-based service, the right of use ends upon expiry of the contract term or when the cancellation takes effect. From that point on, Nexthosting is entitled to suspend the affected game server.

12. If no renewal, reactivation or other agreement is made within 48 hours after the end of the contract, Nexthosting is entitled to permanently delete the game server, including the data, configurations, backups and content stored on it, unless statutory or contractual retention obligations prevent this. The customer is obliged to make data backups on their own responsibility in good time before the end of the contract.

§ 9 Obligations and responsibility of the customer

1. The customer is obliged to use the services only within the framework of applicable laws, these Terms and Conditions, the agreed service description and any technical usage policies.

2. In particular, the customer is prohibited from storing, distributing, executing or making accessible via the services any content that
   a) is criminal, insulting, incites hatred, is extremist, harmful to minors, fraudulent or otherwise unlawful,
   b) infringes the rights of third parties, in particular copyright, trademark, name, data protection or personality rights,
   c) contains malicious software, malware, viruses, botnet components, exploits or other routines capable of causing damage,
   d) enables or promotes phishing, spam, spoofing, brute-force attacks, port scans, DDoS attacks, reflection/amplification attacks or other abusive network activities,
   e) violates requirements of registries, data centers, upstream providers, game developers, platform operators or licensors.

3. The customer is obliged to operate their systems, access data, applications and content in such a way that the security, integrity and availability of the infrastructure of Nexthosting and of third parties is not impaired.

4. Unless expressly agreed otherwise, the customer is themselves responsible for the administration of their servers, applications, containers, game instances, plugins, mods, databases, firewalls, backups and software versions.

5. The customer must ensure that the content, software, plugins, mods, images, scripts or licenses they use may be lawfully used.

6. The customer is obliged to report complaints, faults, security incidents or suspected unauthorized access to Nexthosting without undue delay.

§ 10 Content, data and data backup

1. Unless otherwise provided by law, the customer remains responsible for the data and content that they store, use, process or transmit.

2. Unless an expressly agreed backup service is owed, the customer is responsible for performing regular data backups, on their own responsibility and to a reasonable extent.

3. If Nexthosting offers backup functions, snapshots or restore points, their scope is determined exclusively by the respective service description. Even in this case, Nexthosting recommends that the customer additionally make their own external backup of important data.

4. Nexthosting is entitled to block, disable or remove unlawful content where this is necessary to fulfill legal obligations, to avert danger, to protect the legitimate interests of Nexthosting or third parties, or on the basis of an order from an authority or a court.

§ 11 Domains and additional terms for domain services

1. Where the subject matter of the contract is the registration, transfer, management or renewal of domains, Nexthosting owes only the proper brokering and technical handling within the framework of the requirements of the competent allocation body, registry, registration authority or registrar.

2. The final allocation of a domain is decided exclusively by the competent allocation body or registry. Nexthosting gives no warranty that the desired domain is available, eligible for allocation or free of third-party rights.

3. For domain services, the registration terms and allocation policies of the respective registry or registrar apply in addition. These terms become part of the contract insofar as they concern the customer.

4. Before registering and using a domain, the customer is obliged to check on their own responsibility whether third-party rights or other legal obstacles stand in the way.

5. If the customer cancels a contract that includes a domain without issuing a valid transfer instruction, Nexthosting is entitled, after reasonable advance notice, to let the domain expire or to release it, provided that no statutory or contractual retention obligations prevent this.

§ 12 Availability, maintenance, technical limitations

1. Nexthosting provides the services with the care customary in the industry and in accordance with the respective state of the art.

2. Uninterrupted and permanently error-free availability of all services cannot be guaranteed technically. Temporary limitations may arise in particular due to
   a) maintenance work,
   b) security updates,
   c) technical faults,
   d) failures of third-party providers, data centers or network routes,
   e) attacks on systems or networks,
   f) force majeure or other circumstances beyond the responsibility of Nexthosting.

3. Planned maintenance work is carried out, where reasonable and technically possible, with appropriate advance notice. Nexthosting endeavors to carry out maintenance work in such a way that any impact on the customer is kept as low as possible.

4. The customer’s statutory rights in respect of defects remain unaffected.

§ 13 Changes to services and updates

1. Nexthosting is entitled to change digital services that are provided on an ongoing basis, provided that the change
   a) is made for a valid reason, in particular for security, abuse, compatibility, legal, licensing, infrastructure or operational reasons,
   b) does not incur any additional costs for the customer, and
   c) the customer is informed of the change in a clear and comprehensible manner.

2. Where a change affects the customer’s access to or usability of the digital service to more than a minor extent, Nexthosting will inform the customer of this in advance on a durable medium within a reasonable period, where this is legally required.

3. Nexthosting provides updates, in particular security updates, to the extent required by law or agreed by contract. The customer is obliged to install provided updates without undue delay, or have them installed, where reasonable and where responsibility for the installation lies with the customer.

4. Where the customer does not install a provided update within a reasonable period despite being notified, and a defect is based solely on this, the rights and obligations of the parties are governed by the statutory provisions.

§ 14 Rights in case of defects

1. The statutory provisions apply to the customer’s rights in case of defects.

2. If the digital service provided by Nexthosting is defective, Nexthosting initially has the right to cure the defect within a reasonable period, insofar as legally permissible.

3. If cure fails, is impossible or unreasonable, or is refused by Nexthosting, the customer may, within the framework of the statutory provisions, reduce the remuneration, terminate the contract, or demand damages or reimbursement of futile expenses.

4. If the customer reports a defect, they must describe the fault that has occurred as specifically as possible and support Nexthosting to a reasonable extent in analyzing and remedying the fault.

§ 15 Blocking, suspension, extraordinary termination

1. Nexthosting is entitled to temporarily block or suspend services in whole or in part if
   a) there is a significant violation of these Terms and Conditions or of applicable law,
   b) the use poses a concrete risk to systems, networks, data, third-party rights or the infrastructure of Nexthosting,
   c) there is a suspicion of abuse, a criminal offense or a serious security breach,
   d) the customer is in default with payments despite a reminder,
   e) an order from an authority, a court or a provider requires this.

2. Where possible and reasonable, Nexthosting will inform the customer before blocking and give them an opportunity to remedy the situation. This does not apply if immediate action is necessary for security, danger prevention or legal reasons.

3. In the event of serious or repeated violations, Nexthosting is entitled to terminate the contract extraordinarily for good cause.

4. Further claims of Nexthosting remain unaffected.

5. In the event of default in payment, Nexthosting is entitled, in accordance with the statutory provisions and after a prior reminder, to temporarily block or suspend the affected services in whole or in part. The blocking or suspension does not affect payment claims, default interest and reminder fees that have already arisen, nor the right to hand the matter over to a service provider for receivables management or debt collection.

§ 16 Liability

1. Nexthosting is liable without limitation
   a) in the event of intent and gross negligence,
   b) in the event of culpable injury to life, body or health,
   c) under the provisions of the Product Liability Act,
   d) to the extent of an expressly assumed guarantee.

2. In the event of slightly negligent breach of essential contractual obligations, Nexthosting is liable only for the typical, foreseeable damage. Essential contractual obligations are those obligations whose fulfillment is a prerequisite for the proper performance of the contract in the first place and on whose observance the customer may regularly rely.

3. In all other respects, the liability of Nexthosting for slight negligence is excluded.

4. Where the liability of Nexthosting is excluded or limited, this also applies in favor of the legal representatives, employees, vicarious agents and other agents of Nexthosting.

5. In the event of data loss, Nexthosting is liable – except in the cases of paragraph 1 – only for the restoration effort that would have been unavoidable even with proper data backups by the customer appropriate to the risk. This does not apply insofar as data backup is expressly a contractual service of Nexthosting.

6. The above liability provisions do not affect the customer’s statutory rights in respect of defects.

§ 17 Data protection

1. Nexthosting processes the customer’s personal data within the framework of the applicable data protection regulations.

2. Details on the processing of personal data can be found in the separate Privacy Policy of Nexthosting.

3. Where the customer processes personal data of third parties via the services of Nexthosting, the customer is themselves responsible for the lawfulness of this processing, unless Nexthosting has expressly assumed further responsibility.

§ 18 Communication

1. Nexthosting may transmit contract-relevant declarations, invoices, notices, reminders and information to the customer by email, in the customer account, via the ticket system or on another durable medium, where legally permissible.

2. The customer must ensure that the email address they have provided is reachable and that incoming messages from Nexthosting can be received.

§ 19 Receivables management / debt collection

1. If the customer defaults on a payment after the due date and a reminder, or in accordance with the statutory default provisions, Nexthosting is entitled to hand the outstanding claim over to an external service provider for receivables management or debt collection for further processing.

2. In this regard, Nexthosting works with the following debt collection service provider:
   paywise GmbH
   Bahnhofstr. 95
   82166 Gräfelfing
   Registered office: Gräfelfing
   Commercial register: Local Court of Munich, HRB 269349
   VAT ID: DE346303719

3. For the purpose of enforcing the claim, Nexthosting is entitled to transmit the customer’s contract, invoice and contact data required for this to the named service provider, insofar as this is necessary to protect the legitimate interests of Nexthosting and to carry out the receivables management and is permissible under data protection law.

4. Debt collection, reminder and other default costs are charged to the customer only insofar as they are legally permissible and have actually been incurred.

§ 20 Consumer dispute resolution

1. Nexthosting does not participate in dispute resolution proceedings before a consumer arbitration board and is not obliged to do so, unless there is a statutory obligation in an individual case.

2. Mandatory statutory information obligations under the Consumer Dispute Resolution Act remain unaffected.

§ 21 Final provisions

1. The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods, insofar as this does not conflict with mandatory consumer protection provisions of the state in which the customer has their habitual residence.

2. Should any provision of these Terms and Conditions be or become invalid or unenforceable in whole or in part, the validity of the remaining provisions remains unaffected.

3. Legally relevant declarations and notices of the customer require at least text form, unless a stricter form is prescribed by law.