Xsserver offers colocation and various hosting services. For this purpose, several halls were rented in the Netherlands and rebuilt as a data center. Particular attention was paid to safety and redundancy. By circulating air cooling and optimized cold aisle containment they offer your customers a perfect parking space with optimal price-performance ratio. XSServer GmbH (“Provider”) provides all deliveries and services exclusively on the basis of this Terms and conditions (“Terms”), price lists and individual contracts. These general Terms and conditions also apply to future business of the parties. From these terms and conditions they do not accept any general or partially differing terms and conditions of the customer unless they have them expressly agreed in writing.
XSServer GmbH is entitled to the content of this contract with the consent of the customer to change, provided that the change taking into account the interests of XSServer GmbH is reasonable for the customer. The agreement to change the contract is considered as granted, if the customer of the Modification, which is sent by email from XSServer GmbH, not within four weeks of receipt contradicts the change notification. XSServer GmbH is committed to the customer with the Notice of the consequences of an omitted objection.
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The amount of the fees to be paid by the customer to the provider and the respective billing period arise the specification of the tariff / product chosen by the customer. The usage-based fees are in the Due in advance. (Prepaid) Invoicing is done exclusively online or by email as a pdf file. The customer expressly agrees that invoices will not be sent to him in writing. In the event of a payment arrears of more than 5 days, the vendor is entitled to terminate the contract and the product to delete.
Termination / contract period
Contracts are concluded for an indefinite period, unless other agreements have been made. The services can be terminated at any time at the end of the billing period via the web interface or by email. Any credit balance can result from a termination can not be refunded. This does not apply if the customer agrees otherwise. Xsserver is entitled to terminate the contract without giving any reason with a notice period of 1 month to the end of the calendar month.
The customer can also terminate the contractual relationship at the end of the paid accounting period. The invoices submitted before the effective date of the termination, for services provided and delivered up to that point, shall be determined by the To pay customers. Any credit resulting from the termination can not be refunded. The right of both parties to terminate without notice for good cause remains unaffected.
General obligations of the customer
The customer is responsible for all contents that the customer holds or stores on the products purchased from him. The customer is under its obligation to comply with the statutory and contractual provisions also for the conduct of third parties who act on his behalf, in particular of vicarious agents. This also applies to other Third parties to whom he knowingly provides access data for the services and services of the provider. The provider is not obliged to examine the customer’s product for possible legal violations. The customer undertakes not to offer or distribute copyrighted content without authorization.
In addition, links to illegal P2P file sharing, download services, streaming services or toplists or their contents are prohibited deliver. In case of violations, Xsserver GmbH reserves the right to disconnect the service from the network without prior notice and to terminate the contract. The customer undertakes to keep the passwords received by the provider for the purpose of access in a strictly confidential manner and to inform the provider as soon as he becomes aware thereof, that the password is known to unauthorized third parties.
The customer assures that the data provided to XSServer GmbH by him are correct and complete. He undertakes to inform the provider immediately about changes to all data This concerns in particular the name and postal address of the customer, in the case of companies the legal representative (s), name, postal address, e-mail address as well as telephone and fax number of the customer technical contact person for the services.
Limitation of Liability / Claims for Damages
Claims for damages due to impossibility of performance, positive breach of contract, negligence in contracting and tort are excluded both against the provider, as well as relationship with their vicarious agents and vicarious agents, unless there is intentional or grossly negligent action. Claims for damages due to the operational failure of an Internet server can be asserted up to the amount of a monthly fee for the rented service from a downtime of more than 72 hours at a time (without interruption).
If financial losses are asserted, these must be proven and will be reimbursed after examination up to an amount of 1 month’s rent. The user is responsible for the data backup (creation of local backup) of the user data of the service of the provider. The provider assumes no liability for any damage to the data transferred to the service.