General Terms and Conditions (GTC)

1. Scope of Application
1.1 These General Terms and Conditions ("GTC") apply to all contracts between NGS UG (limited liability), Straße der Jugend 18, 14974 Ludwigsfelde ("NGS", "Provider") and its customers concerning hosting, server, domain, email, streaming, game server, shop support and other IT services, unless different individual contractual provisions have been agreed.

1.2 Deviating, conflicting or supplementary conditions of the customer shall only become part of the contract if NGS has expressly agreed to their application in text form.

1.3 A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to his commercial or self-employed professional activity. An entrepreneur is a natural or legal person or partnership with legal capacity that acts in the exercise of its commercial or self-employed professional activity at the time of conclusion of the contract.

1.4 Changes to these GTC will be communicated to the customer in text form. Changes to consumers shall only become effective if there is a legal or contractual basis for this and the customer has been properly informed of the content, timing and his rights. The right to terminate for good cause remains unaffected.


2. Contract Conclusion, Scope of Services and Availability
2.1 Offers from NGS are non-binding unless expressly designated as binding. A contract is concluded when NGS confirms the order, provides access data, activates the service or begins providing the service.

2.2 The specific scope of services is determined by the respective offer, service description, tariff, order confirmation or individual agreement.

2.3 NGS provides its services according to the current state of the art and in accordance with the agreed service description. A specific availability, bandwidth, response time or recovery time is only owed if expressly agreed.

2.4 Maintenance work, security updates, technical changes or measures to maintain operational and data security may result in temporary restrictions. NGS will carry out scheduled maintenance work in such a way as to minimize disruptions where possible.

2.5 NGS is entitled to change technical systems, software, administration interfaces, security mechanisms or infrastructure components if this is necessary for improvement, security, stability, legal compliance or economical operation and does not unreasonably impair the customer.


3. Customer Obligations
3.1 The customer is obliged to provide correct, complete and current information when placing an order and during the contract term. Changes, in particular name, company, address, email address, technical and administrative contacts and billing-related data, must be communicated to NGS without delay.

3.2 The customer is obliged to keep access data, passwords, API keys, administration access and comparable authentication data confidential, secure them appropriately and protect them from access by unauthorized third parties. If there is suspicion of misuse, the customer must inform NGS immediately and change affected access data.

3.3 The customer is responsible for all content, data, programs, scripts, databases, emails and other information that he or third parties store, retrieve, transmit, publish or operate through his access.

3.4 The customer may not use the services unlawfully or abusively. In particular, content or actions are prohibited that violate criminal law, copyright, trademark law, name law, competition law, data protection law, youth protection law, personality rights or the rights of third parties.

3.5 In particular, spam, phishing, malware, botnets, port scans without permission, DDoS attacks, massive unsolicited advertising, unlawful file sharing offers, circumvention of technical protection measures and any use that endangers the safe or trouble-free operation of NGS or third-party systems are also prohibited.

3.6 The operation of IRC servers, bouncers, bots, proxies, open relays, mining software or comparable services is only permitted if this is expressly allowed in the booked tariff or if NGS has previously agreed in text form.

3.7 The customer must implement appropriate security measures for his applications, in particular keeping software, plugins, themes, scripts and access data up to date, closing security vulnerabilities immediately and removing insecure or no longer maintained components.


4. Data Backup and Backups
4.1 The customer is solely responsible for regularly creating complete, current and functional backup copies of his data, files, emails, databases, configurations and other content and storing them outside NGS systems.

4.2 The customer must in particular create a complete and restorable data backup before making his own changes, updates, installations, deletions, migrations, configuration changes and before work by NGS or third parties.

4.3 Unless backups are expressly agreed as a separate service, NGS is not obliged to create, retain, check, provide or restore backup copies for the customer.

4.4 If backups, snapshots or other backup mechanisms are provided by NGS voluntarily, automatically, system-related or tariff-related, these do not constitute a guarantee of completeness, currency, accuracy, retention period or recoverability unless expressly agreed.

4.5 NGS is not liable for damages, data loss, business interruption, recovery costs or consequential damages resulting from the customer not maintaining proper, current, external and restorable data backup. The mandatory liability under item 11 remains unaffected.

4.6 Data restoration by NGS is only carried out if it is technically possible and either owed by contract or separately agreed. NGS may charge a reasonable fee according to the current price list if the customer is responsible for the need for restoration or if restoration is not part of the booked tariff.


5. Domains
5.1 In the registration, transfer, renewal, management or deletion of domains, NGS acts as an intermediary between the customer and the respective registrar or registrar.

5.2 NGS has no influence on whether a requested domain is allocated, continues to exist permanently or is free from third-party rights. The customer is responsible for checking whether the desired domain infringes the rights of third parties.

5.3 The customer indemnifies NGS from all claims by third parties arising from the registration, use, transfer or deletion of a domain by the customer or at his request, insofar as the customer is responsible for the infringement of rights.

5.4 Domains are additionally governed by the conditions of the respective registrar and registrar, in particular allocation conditions, registration policies, dispute resolution provisions and technical requirements.

5.5 NGS is entitled to provide or renew domain services only after complete payment of the fees owed. In case of payment default, NGS may block domains, not renew them, return them to the registrar's administration or take other measures in accordance with legal provisions and registration conditions.


6. Email Services, Spam and Virus Filter
6.1 If email services are agreed, NGS provides the customer with mailboxes, forwards or other email functions in accordance with the booked tariff.

6.2 The customer must access and manage his mailboxes regularly. If storage limits are exceeded, emails may be rejected, delayed, not delivered or deleted if technically necessary and not otherwise agreed.

6.3 NGS may use technical protection measures such as spam filters, blacklists, greylisting, virus and malware filters. Such filters may result in emails being blocked, marked, delayed or deleted. Complete detection of unwanted or malicious emails is not guaranteed.

6.4 The customer is responsible for compliance with legal requirements when sending emails, in particular for consents, imprint obligations, unsubscribe options and avoidance of unsolicited advertising.


7. Blocking, Suspension and Extraordinary Measures
7.1 NGS is entitled to block or restrict services in whole or in part temporarily if there are specific indications of unlawful content, abusive use, security risks, attacks, significant disruptions, dangers to systems, violations of these GTC, payment default or official or court orders.

7.2 In case of imminent danger, NGS may act without prior notice. In all other cases, NGS will inform the customer beforehand where possible and give him the opportunity to remedy the situation.

7.3 The customer's obligation to pay remains in effect during a justified blocking, unless the customer is not responsible for the blocking.

7.4 NGS is entitled to deactivate unlawful or security-endangering content, scripts, processes or services if this is necessary to avert danger.


8. Term and Termination
8.1 Contract term, minimum term and notice period are determined by the respective contract, tariff or offer.

8.2 Terminations must be in text form at minimum, unless the law prescribes a stricter or simpler form. Termination by email is sufficient if the contract or mandatory legal provisions do not provide otherwise.

8.3 For consumers who can conclude a paid ongoing contract via a website, NGS provides, where required by law, an electronic termination option.

8.4 The right to extraordinary termination for good cause remains unaffected. Good cause exists for NGS in particular if the customer is in arrears with significant payments despite a reminder, repeatedly or seriously violates these GTC, does not remove unlawful content, does not remedy security risks or abuses the services.

8.5 If the customer terminates before the expiration of an agreed minimum term without good cause or if NGS terminates justifiably for good cause, claims for fees remain in effect until the end of the agreed term, insofar as legally permissible. The customer retains the right to prove that no or lesser damage has occurred.


9. Fees, Invoices and Payment
9.1 Fees are determined by the respective contract, tariff, offer or the current price list. Recurring fees are charged in advance, unless otherwise agreed.

9.2 Invoices are generally provided electronically or sent by email. The customer agrees to electronic billing, insofar as legally permissible.

9.3 Invoice amounts are due immediately upon receipt of the invoice without deduction, unless a different payment term is specified on the invoice or in the contract.

9.4 If the customer is in payment default, NGS is entitled to claim default interest, dunning costs and necessary chargeback fees in accordance with the statutory provisions.

9.5 In case of chargebacks, unjustified disputes, insufficient account funds or other payment disruptions caused by the customer, NGS may charge the costs incurred.

9.6 The customer may only offset undisputed, recognized or finally determined claims. Consumer rights remain unaffected.


10. Defects, Disruptions and Cooperation
10.1 The customer must report disruptions, defects or security incidents immediately and as accurately as possible. In particular, affected services, timing, error messages, logs and measures already taken must be provided.

10.2 NGS is only obliged to analyze errors and eliminate disruptions insofar as the error is within NGS's area of responsibility. Disruptions caused by content, software, scripts, configurations, access data, end devices or networks of the customer or third parties are not within the area of responsibility of NGS.

10.3 The customer is obliged to cooperate appropriately in error analysis and disruption elimination, in particular to provide necessary information, enable access and rule out his own sources of error.

10.4 Statutory warranty rights remain unaffected. 11. Liability
11.1 NGS is liable without limitation for intent and gross negligence, for violation of life, body or health, under the Product Liability Act and in all cases of mandatory statutory liability.

11.2 In case of slight negligence in breach of essential contractual obligations, NGS is liable only for typical, foreseeable contractual damage. Essential contractual obligations are those obligations whose fulfillment enables the proper performance of the contract at all and on whose compliance the customer may regularly rely.

11.3 Otherwise, NGS liability for slight negligence is excluded.

11.4 Liability for data loss is, insofar as legally permissible, limited to the recovery effort that would have been incurred with proper, regular and risk-appropriate data backup by the customer.

11.5 NGS is not liable for content, data, programs, domains, emails or other information of the customer or third parties, insofar as NGS did not create or appropriate such information.

11.6 Liability for non-agreed backups, voluntary backup runs, missing external backups by the customer, outdated customer software, insecure passwords, compromised customer access or misconfiguration caused by the customer is excluded, unless there is mandatory liability under item 11.1.


12. Indemnification
12.1 The customer indemnifies NGS from all claims by third parties that are asserted due to unlawful or contractually non-compliant use of the services by the customer, his users, agents or other persons acting through his access, insofar as the customer is responsible for the infringement of rights.

12.2 Indemnification includes reasonable costs of legal defense. NGS will inform the customer of any asserted claims and give him the opportunity to comment where possible.


13. Special Services
13.1 Game Servers
If game servers are provided, the customer is responsible for use, configuration, content, access data and compliance with game, license and platform rules. For servers with agreed password protection, the password protection must not be removed without NGS consent if the tariff or service description requires this.

13.2 Streaming
The customer is solely responsible for obtaining all rights, licenses, consents and approvals required for streaming offers, in particular for music, speech, images, videos, trademarks and other protected content. Fees from collecting societies or rights holders are not included in NGS fees unless expressly agreed.

13.3 Shop Software Support
Shop software support is provided only to the extent expressly agreed. Not included are, unless otherwise agreed, legal review, data protection review, tax review, custom programming, design services, migrations, data maintenance, permanent support or success guarantees.

14. Data Protection and Confidentiality
14.1 NGS processes personal data in accordance with the statutory data protection provisions and the current data protection notices.

14.2 Insofar as NGS processes personal data on behalf of the customer, the parties shall conclude a data processing agreement if necessary.

14.3 The customer is responsible for the lawfulness of personal data, content and communication processes processed by him, insofar as he is the data protection controller for these purposes.


15. Consumer Information, Withdrawal and Dispute Resolution
15.1 If the customer is a consumer and the contract is concluded at a distance, he generally has a statutory right of withdrawal in accordance with the statutory provisions and the separate withdrawal notice.

15.2 The right of withdrawal may expire prematurely or be restricted in accordance with statutory provisions, in particular if the consumer explicitly requests that NGS begin performance before the withdrawal period expires and the further statutory requirements are met. Special rules may apply for domain registrations, individually configured services or digital services.

15.3 NGS is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body, unless there is a statutory obligation in the individual case.

15.4 References to the former EU online dispute resolution platform are not included as this platform has been discontinued.


16. Final Provisions
16.1 The law of the Federal Republic of Germany applies, excluding the UN Sales Convention. For consumers, this choice of law applies only if mandatory consumer protection provisions of the state in which the consumer has his habitual residence are not waived.

16.2 If the customer is a merchant, legal person under public law or publicly-owned special asset, the place of jurisdiction is, insofar as legally permissible, the seat of NGS.

16.3 Should any provision of these GTC be or become invalid, the validity of the remaining provisions remains unaffected. Statutory provisions take the place of invalid provisions.

16.4 Contract-related notices may be made by email, unless the law prescribes another form. The customer must ensure that the email address provided by him is accessible.