09Contracts & legal
Nexthosting Terms and Conditions (AGB) explained simply
Nexthosting's terms and conditions (AGB) in plain English – contract, prices, late payment, terms, duties and liability, linking to the binding German text.
In short
Private customers are covered by the AGB for consumers, companies by the AGB for business customers. In addition there are the add-on terms for booked extras, the acceptable use policy (AUP, Akzeptable Nutzungsrichtlinie) and the SLA (service level agreement). The key points: you pay in advance, an unpaid invoice leads to suspension from day 2 at the earliest, you are responsible for backing up your own data, and after a game server contract ends, deletion is allowed after 48 hours.
Which terms apply to you?
Section titled “Which terms apply to you?”| Document | Who it is for | When |
|---|---|---|
| AGB for consumers (B2C) | private customers | always |
| AGB for business customers (B2B) | businesses, self-employed people, public authorities | always |
| Terms for add-ons and additional services | everyone | as soon as you book or switch on an extra (boost, pause, own IP, expand server …) |
| Acceptable use policy (AUP) | everyone | always – it is part of the contract (AGB § 9) |
| Service Level Agreement (SLA) | everyone | for game servers, VPS, webspace/WordPress, dedicated servers and Discord bot hosting |
| Right of withdrawal notice (Widerrufsbelehrung) | private customers | for contracts concluded at a distance |
If rules conflict, this order applies (add-on terms section 2): an individual written agreement, then the service description in the order process, then the add-on terms, then the AGB.
The AGB for consumers in brief
Section titled “The AGB for consumers in brief”| Section | What it covers | In plain words |
|---|---|---|
| § 1 | Scope | The AGB apply to private customers. For extras, the add-on terms apply in addition. |
| § 2 | Service | What counts is the service description of the booked product at the time the contract is concluded. Free extras may be dropped. |
| § 3 | Conclusion of contract | With the order button you make an offer. The contract comes into being when Nexthosting accepts it, activates the service or sends an invoice or confirmation. Orders can be rejected, for example if abuse is suspected. The contract language is German. |
| § 4 | Customer account | Your details must be correct and up to date. You keep your login details secret. |
| § 5 | Provisioning | Within the stated time, otherwise within a reasonable time after the contract is concluded and the first payment. “Immediately” is subject to technical checks. |
| § 6 | Withdrawal | 14-day right of withdrawal. If the service starts earlier at your request, compensation may be due. See Right of withdrawal. |
| § 7 | Prices and payment | Due in advance, payment methods in the order process. Sequence for open invoices, credit rules, discount codes for the first payment only, bonus for linking login services. |
| § 8 | Term and cancellation | Cancellable monthly, with a minimum term or prepaid. Cancellation in text form. Game servers: deletion 48 hours after the contract ends. See Cancellation and terms. |
| § 9 | Your duties | Lawful use only under the AUP, no attacks, no malware, respect licences, report incidents. |
| § 10 | Data and backups | You are responsible for your data and for backing it up. Backup functions only apply to the extent described. |
| § 11 | Domains | The registry decides on allocation. Without a transfer instruction, a domain may expire after cancellation. |
| § 12 | Availability and maintenance | Uninterrupted availability is not technically possible. Maintenance is announced where possible. The concrete promise is in the SLA. |
| § 13 | Changes | Services may be changed for good reason, at no extra cost and with notice. |
| § 14 | Defects | The statutory rights in case of defects apply. Describe faults as precisely as possible. |
| § 15 | Suspension | In the event of serious violations, danger to systems, suspected abuse or late payment, the service may be suspended – with prior warning where possible. |
| § 16 | Liability | Full liability for intent, gross negligence and personal injury. Limited for slight negligence. For data loss, what counts is what a proper backup of your own would have prevented. |
| § 17 | Data protection | See the privacy policy. You are responsible for third-party data on your server. |
| § 18 | Communication | Invoices and notices arrive by email, in the customer account or by ticket. Keep your email address reachable. |
| § 19 | Debt collection (Inkasso) | In the event of default, the claim may be handed to a debt collection service. |
| § 20 | Dispute resolution | Nexthosting does not take part in proceedings before a consumer arbitration board. |
| § 21 | Final provisions | German law; mandatory consumer protection of your country of residence remains. Declarations at least in text form. |
What to remember
Section titled “What to remember”- Discount codes only apply to the first payment unless stated otherwise (§ 7). After that you pay the regular price.
- Credit (Guthaben) is only for Nexthosting services, earns no interest and is not transferable; credit from bonuses, promotions or affiliate is not paid out (§ 7).
- Open invoices: suspension from day 2 after the due date at the earliest, contract end from day 10 at the earliest – then deletion including backups (§ 7). Details in Payment default and suspension.
- Backing up your data is your job (§ 10). Make your own backups regularly and download important data.
- Game servers after the contract ends: Without renewal, everything may be deleted 48 hours after the end, including backups (§ 8).
Where are reminder fees stated?
Section titled “Where are reminder fees stated?”Nexthosting is a small business under § 19 UStG (German VAT Act). The prices shown are final prices, invoices show no VAT, and you cannot deduct input VAT. What counts is the information in the order process. The AGB speak in general of prices “including statutory VAT, where it applies” (§ 7) – at Nexthosting none applies at present.
Business customers: the main differences
Section titled “Business customers: the main differences”| Topic | Consumers (AGB) | Business customers (AGB B2B) |
|---|---|---|
| Withdrawal | 14-day statutory right of withdrawal | no statutory right of withdrawal (§ 4) |
| Renewal | indefinite after the first term, then cancellable with 1 month’s notice | fixed terms renew by the original term, at most 12 months; cancellation 1 month to the end of the term (§ 9) |
| Late payment | fixed sequence with suspension from day 2, end from day 10 | default at the latest 30 days after the due date; suspension, default interest, reminder costs and flat-rate default fee possible (§§ 7–8) |
| Payment methods | as per checkout | purchase on invoice in addition |
| Place of jurisdiction | statutory | Dresden for merchants (§ 23) |
| Data processing | data processing agreement (AVV, DPA) possible in the customer account | DPA before data processing starts, where legally required (§ 21) |
| Confidentiality | – | mutual confidentiality, 3 years beyond the end of the contract (§ 20) |
Frequently asked questions
Section titled “Frequently asked questions”Where do I find the AGB that applied to my order?
Section titled “Where do I find the AGB that applied to my order?”The AGB and order data are made available to you in the order process and sent with the contract confirmation. The contract text itself is not stored (§ 3). So save the confirmation.
Will I be told if the AGB change?
Section titled “Will I be told if the AGB change?”Changes to services that affect you more than insignificantly are communicated to you in advance (§ 13). Nexthosting informs you in advance in text form of material changes to the SLA to your disadvantage.
Is there an arbitration board?
Section titled “Is there an arbitration board?”Nexthosting does not take part in dispute resolution proceedings before a consumer arbitration board (§ 20). If you have a problem, contact support directly.