The following english translation of our Terms of Service is provided for information only and is not legally binding. Please see this page for our legally binding ToS.
Terms and Conditions
§1 Scope
(1) All services under the brand "HypeSrv" are provided by Regh & Meier Services GbR, Am Ramonchamp-Platz 8, 55270 Ober-Olm (hereinafter referred to as "Provider"), exclusively based on these Terms and Conditions. These terms also apply to future contracts between the parties, even if they are not explicitly agreed again.
(2) The Provider does not recognize any differing terms of the customer unless the Provider has expressly agreed to them in writing. The Provider's terms apply even if services are performed without reservation despite the Provider's awareness of conflicting or differing customer terms.
§2 Definitions
(1) "Contract" or "Account" refers to the entirety of the contractual relationship between the customer and the Provider.
§3 Subject Matter and Changes
(1) The Provider's obligations are determined by the service description of the respective product and, where applicable, the configuration input and ordered by the customer. The customer has no ownership rights to the server hardware and no right to access the premises where the server hardware is located.
(2) The Provider is authorized to expand and improve its services. This is particularly applicable when such adjustments are required to prevent misuse or when the Provider is obliged to adapt by law.
(3) If the Provider offers additional services at no extra charge, the customer has no entitlement to their provision. The Provider reserves the right to discontinue, modify, or offer such previously complimentary services for a fee within a reasonable period. In such a case, the Provider will notify the customer in advance.
(4) The customer has no claim to a specific server. The customer acknowledges that migration to another server may be necessary without requiring their consent.
(5) By creating a customer account with the Provider, the customer gains access to the Customer Center. In the Customer Center, the customer can independently purchase products with preloaded credit. Products in the Customer Center are available exclusively with credit and cannot be acquired directly.
§4 Customer Obligations, Passwords, Customer Data, Data Backup
(1) The customer is required to provide the Provider with complete information about their identity, including full name, a legally binding mailing address (no P.O. boxes or anonymous addresses), a valid email address, and, if applicable, a phone number. The customer guarantees that the information provided is correct and complete. The customer also confirms that they are authorized to enter into a contractual relationship with the Provider under applicable laws or that the necessary consent from a guardian is present.
(2) The customer is solely responsible for regularly creating up-to-date backups of all data stored on the Provider's servers. In the unlikely event of data loss, the Provider is not liable for the loss.
(3) The customer must not violate laws or third-party rights (including copyright, trademark, name, and privacy rights) with their products and displayed content. In case of any violation of these obligations, the Provider is entitled to suspend services or block access to the customer's information immediately.
(4) The customer shall refrain from using any techniques in the creation of their online presence that could excessively strain the Provider's infrastructure. The Provider may temporarily restrict access to online presences utilizing such techniques until the customer corrects or deactivates them. This provision does not apply to servers available exclusively for the customer's own use (dedicated hardware).
(5) The customer is further obligated not to use the resources provided by the Provider for actions that violate legal prohibitions or third-party rights. This includes, in particular:
Phishing
Sending spam emails
Unauthorized use of other computer systems (hacking)
DoS or DDoS attacks
Port scanning
Sending or providing prohibited content (e.g., malware, content harmful to minors, (child) pornography)
Should the customer violate any of these obligations, the Provider is entitled to immediately terminate all services. The Provider's right to claim damages remains unaffected.
(6) The customer is solely responsible for all content they store or make available for retrieval. The Provider does not review the content for potential legal or contractual violations.
(7) If a specific data transfer volume per billing period is agreed with the customer, the customer must monitor this limit. If the data transfer volume (traffic) of the customer's offer exceeds the agreed maximum for the period, the Provider may charge the customer for the exceeded volume at the agreed prices. If no prices have been agreed, a fee of one euro (1 €) per ten gigabytes (10 GB) will be charged.
§ 5 Conclusion, Duration, and Termination of Contract
(1) A contract between the Provider and the customer can be established through various customer actions:
Creating a customer account
Loading credit
Ordering products with credit
(2) There is no minimum term as the ordered products are billed in advance. The contract duration corresponds to the pre-paid period. The contract for the respective product ends automatically if the customer does not extend it.
(3) After the prepaid period expires, a 5-day grace period begins in which the customer can renew the contract. If no renewal is made during this period, the contract automatically ends at the end of the grace period.
(4) Timely data backup before the end of services or the contract is the customer's responsibility.
§ 6 Credit, Payment, and Billing
(1) To use and pay for the services provided by the Provider, loading credit onto the customer account is necessary. By requesting credit load, the customer makes a binding contract offer.
(2) When loading credit, sending the credit request and redirecting to the chosen payment service provider constitutes a legally binding acceptance of the previously made offer by the Provider. The contract is thus concluded with the credit being loaded onto the customer account.
(3) The receipt for credit loads is sent to the customer online via email. The customer must ensure that their registered email address with the Provider is correct and capable of receiving emails (e.g., the email inbox must not be full). The Provider may, at its discretion, also provide an online receipt.
(4) The credit is credited to the customer account within 2 days after the contract is concluded, provided the payment is successful and confirmed.
(5) The loaded credit can only be used for booking and paying for products in the Customer Center. After the contract ends, the customer is entitled to a refund of remaining credit. However, a payout of the credit during the contract term is excluded. For consumers, this applies only if the withdrawal period has expired or the right of withdrawal has lapsed.
(6) For payment transactions via the payment service provider Mollie, the corresponding privacy policy and terms and conditions of Mollie (https://www.mollie.com/de/privacy) apply.
(7) Unless stated otherwise, all prices include statutory VAT.
§ 7 Warranty
(1) The Provider is only responsible for performance disruptions to the extent that they affect services to be provided by them. Unless otherwise agreed, the Provider guarantees a minimum availability of 90% per month, excluding announced maintenance work.
(2) The Provider will rectify disruptions within technical possibilities. If disruption elimination is not achieved within a reasonable period of one day, the customer must grant the Provider a reasonable grace period. If the disruption is not resolved within this grace period, the customer is entitled to their statutory claims. Claims for damages exist only within the framework of liability as per § 8.
(3) If the functionality of a product is impaired due to its usage beyond the contractually intended purpose, it is the customer's responsibility to prove that the malfunctions would also have occurred under proper use.
(4) The customer must report defects to the Provider immediately ("disruption report") and support possible defect rectifications to the best of their ability, especially by taking all reasonable measures for data security.
(5) The Provider does not guarantee that the hardware and software used or provided by them meets the customer's requirements, is suitable for specific applications, or is free from errors and malware.
§ 8 Liability
(1) The Provider's liability, regardless of the reason, is limited to the following provisions.
(2) The Provider is liable for willful intent and gross negligence per statutory regulations.
(3) For slight negligence, the Provider is only liable for breaches of essential contract obligations upon which the customer regularly relies (cardinal obligations). In these cases, the Provider is liable only for foreseeable, typical damage. Liability for all other damages or lost profits is excluded.
(4) In case of data loss caused by the Provider, the Provider's liability is limited to the cost of data recovery and restoration of data that would also have been lost with proper data backup by the customer. It is expressly noted that the customer must create their own data backups.
§ 9 Suspension
(1) For violations of laws, third-party rights, or contractual provisions with the Provider, the Provider is entitled to partially or entirely withhold their services ("suspension"), with the choice being at their discretion. A justified suspension does not release the customer from their payment obligation. The Provider will notify the customer of any suspension via email to the customer's registered email address immediately.
(2) This also applies if the Provider believes there may be conduct by the customer or third parties that violate the mentioned provisions.
§ 10 Data Protection
(1) Information regarding data protection can be found in the Provider's Privacy Policy.
§ 11 Copyrights, License Agreements
(1) The Provider grants the customer a limited, non-exclusive (simple) right to use the Provider's and third-party software provided under the contract.
§ 12 Applicable Law, Jurisdiction
(1) The law of the Federal Republic of Germany applies, excluding the United Nations Convention on Contracts for the International Sale of Goods.
(2) If the customer is a merchant, a legal entity under public law, or a special fund under public law, Mainz is the exclusive place of jurisdiction for all disputes.
§ 13 Miscellaneous
(1) All information and declarations from the Provider, except for termination notices, can be sent electronically to the customer, e.g., via email to the email address provided by the customer.
(2) Should any provision of the contract be or become invalid or should the contract contain a gap, this does not affect the validity of the remaining provisions.
Effective: 03.11.24
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