Terms and Conditions

These Terms and Conditions govern the contractual relationship between Lorscheid-EDV UG (haftungsbeschränkt), Bahnhofstr. 8, 37688 Beverungen, Germany, represented by managing director Marian Lorscheid, and its customers in connection with services offered under the brand BYTERONIX.

These Terms and Conditions apply to consumers within the meaning of Section 13 BGB and businesses within the meaning of Section 14 BGB unless an express distinction is made between these customer groups.

Deviating customer terms do not apply unless their application has been expressly accepted in text form.

The subject matter of the contract comprises the services offered on the website, during checkout, in the customer account or individually, in particular:

• • KVM servers and comparable virtual server services
• • Webspace and hosting services
• • TeamSpeak and comparable voice server services
• • Domain-related services and technical administration
• • Software and licence services, particularly Plesk licences
• • Balance, donation, support and additional functions within the customer area

The applicable service description at the time of ordering determines the type and scope of the service owed. In the event of conflicts, the specific service description takes precedence over these Terms and Conditions.

The presentation of services on the website does not constitute a legally binding offer but an invitation to place an order.

The contract is formed when the customer submits an order and we accept it by confirmation in text form or by activating the ordered service.

An automated receipt or order confirmation does not yet constitute acceptance of the contract. We reserve the right to reject individual orders, particularly due to unavailable capacity, technical reasons, justified suspicion of abuse or inaccurate customer data.

If automated provisioning permanently fails after the amount has been debited, the order will be reviewed and the charged amount refunded to the customer account or an agreed replacement service offered.

Where we broker or register domain services, this depends on the respective domain extension and registry. The actual allocation of a domain is beyond our control.

There is no entitlement to registration, permanent availability or freedom from third-party rights. The terms of the responsible registry or allocation authority additionally apply.

The customer is responsible for ensuring that the requested domain does not infringe third-party rights.

The customer must keep all information required during checkout and throughout the contract term complete, accurate and current. This applies particularly to name, address and email address and, where applicable, further information required to provide the service.

Access credentials, passwords, API keys and other authentication features must be stored securely and protected against unauthorised third-party access.

The customer is responsible for regular backups. Unless a specific backup service has been agreed, we are not obliged to create individual backups.

The offered services may be used only in accordance with applicable laws, these Terms and Conditions and the agreed service description.

The following are prohibited in particular:

• • Unlawful, criminal, offensive, racist or youth-endangering content
• • Malicious software, malware, exploits, botnets or comparable harmful software
• • DDoS/DoS attacks, spoofing, port scans or other attacks on third-party systems
• • Crypto mining or other processes that permanently burden systems unless expressly permitted
• • Sending spam, mail bombing or unsolicited commercial communications
• • Use that endangers the security, integrity or availability of our infrastructure or third-party infrastructure

The customer must also use shared environments in a manner that does not adversely affect other customers.

Subletting or transferring services to third parties is permitted only where expressly provided for the respective product or where a separate reseller agreement exists.

Without corresponding approval, the subletting of KVM servers, webspaces and Plesk licences is prohibited in particular.

Quantity-limited services may be used only within the contractually agreed scope. The respective service descriptions, product pages and supplementary terms of use apply to traffic, storage, CPU, RAM and other resources.

Depending on the product and agreement, exceeding limits may result in additional charges, throttling, temporary restrictions or suspension.

We are entitled to take measures to protect the platform and ensure fair operation where individual usage materially affects normal operation.

We provide our services within our technical, operational and economic capabilities. However, uninterrupted availability at all times cannot be guaranteed.

This excludes in particular downtime caused by maintenance, security measures, force majeure, disruptions to third-party networks, official intervention or other circumstances beyond our direct control.

The prices shown during checkout at the time of ordering apply. Unless stated otherwise, prices are total prices including statutory VAT where applicable.

BYTERONIX generally operates on a prepaid basis. Orders and renewals can be completed only where sufficient available balance exists in the customer account. This mechanism prevents the customer account from becoming negative solely due to a product order.

Balance can be topped up using the payment methods offered in the customer area. Credits, bonuses and promotional balance may be subject to special conditions and are generally not payable in cash. Statutory reimbursement, withdrawal and repayment claims remain unaffected.

Donations to other customers are credited to their balance account after successful payment. Donations to the same customer account are not permitted. The terms and availability of external payment providers additionally apply.

We are entitled to temporarily suspend services in whole or in part where good cause exists. Good cause exists in particular in cases of:

• • Violations of laws, these Terms and Conditions or supplementary terms of use
• • Risk to the security, integrity or availability of our systems
• • Expiry of a booked term or insufficient balance for a requested renewal
• • Credible indications of legal violations
• • Abusive or unusual use

Where possible, we will appropriately consider the customer’s interests and inform the customer of the reason for suspension and available remedies. The customer’s statutory rights remain unaffected.

We are liable without limitation for intent and gross negligence and for damage arising from injury to life, body or health.

In cases of slightly negligent breach of essential contractual obligations, our liability is limited to the foreseeable damage typical for the contract. Otherwise, liability for slight negligence is excluded.

We are liable for customer content, data loss caused by missing customer backups and disruptions or attacks caused by third parties only within the scope of statutory provisions.

The term, billing period and renewal arrangements depend on the ordered product and the selection made during checkout.

Products are currently not renewed automatically solely because balance is available. Renewal requires the customer’s express selection and confirmation unless a different automatic renewal was expressly agreed during checkout.

After the booked term expires, automatically managed webspaces and TeamSpeak servers are generally suspended or stopped. If no renewal occurs within the recovery period shown in the customer area, the product and associated data may currently be permanently deleted after three days. The specifically displayed deletion deadline is authoritative.

Both parties retain the right to terminate for good cause. Good cause exists in particular in cases of serious contractual violations, abuse, substantial payment default or unlawful use.

After the contract ends, the customer is responsible for backing up their data in good time. We are entitled to delete data and content that is no longer required or was not transferred in time after reasonable periods have expired.

Minors may order paid services only where the required consent of their legal representatives has been obtained or the statutory requirements for an effective order without separate consent are met.

Legal representatives may contact support with questions regarding use, the balance system and cost control. Additional information is provided on the information for parents page.

Businesses may set off claims only where they are undisputed or finally adjudicated. Statutory set-off and retention rights of consumers remain unaffected.

Where domain or provider changes are requested, we may make their processing dependent on the prior full settlement of outstanding undisputed claims.

Information on the collection, processing and use of personal data is provided in our separate privacy policy.

Consumers are entitled to the statutory rights applicable to distance selling and electronic commerce. Where a statutory right of withdrawal exists, we provide separate information in our withdrawal instructions.

We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, this applies only insofar as it does not restrict mandatory consumer protection provisions of the country in which the consumer has their habitual residence.

If the customer is a merchant, legal entity under public law or special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship is Beverungen or the provider’s legally permissible registered office.

Should individual provisions of these Terms and Conditions be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected.