Terms of Service

This is a courtesy translation. Only the German version is legally binding.

General terms and conditions of Nexlo, a brand of Helmut Fürpaß, Software-Hub, Farch 2a, 8741 Weißkirchen in Steiermark, Austria (hereinafter "we").

1. Scope

1.1 These terms apply to all contracts for Nexlo's services – in particular cloud servers (KVM), game server VPS, dedicated servers and domains – between us and our customers (hereinafter "you"). They apply to consumers within the meaning of the Austrian Consumer Protection Act (KSchG) as well as to businesses, unless expressly distinguished.

1.2 Deviating terms of the customer only apply if we expressly agree to them in writing.

2. Customer account and conclusion of contract

2.1 A customer account is required to use our services. You must be of legal age or have full legal capacity, provide truthful and complete information and keep it up to date. Your login details must be kept secret.

2.2 The presentation of services on the website is not a binding offer. By clicking "Order with obligation to pay" or "Register now with obligation to pay" you submit a binding offer. The contract is concluded as soon as we provide the service or confirm the order.

2.3 We may reject orders without giving reasons, in particular in the event of a justified suspicion of abuse or false information.

3. Services

3.1 The scope and features of the services result from the description at the time of ordering. Cloud servers and game server VPS are provided as virtual servers, dedicated servers as physical servers.

3.2 You receive administrative access (root/administrator) and are yourself responsible for the installation, configuration, security (updates, firewall, passwords) and content of your server. For game server packages, we set up the game as stated in the package description; further operation is up to you.

3.3 We strive for the highest possible availability. Uninterrupted availability is technically not possible; we announce planned maintenance in advance where possible.

3.4 Data backup: You are responsible for backing up your data. Backup functions offered do not replace your own data backup.

3.5 Domains: We arrange the registration between you and the respective registry via our partner InterNetX GmbH. The registration terms of the respective registry also apply (e.g. DENIC for .de, nic.at for .at). We can only guarantee that a domain is actually assigned once registration has been completed. You are the domain holder with the data from your customer account.

4. Prices and credit (prepaid)

4.1 All services are billed via a credit balance in your customer account, which you must top up in advance. The prices stated at the time of ordering apply. As a small business pursuant to § 6 (1) no. 27 Austrian VAT Act (UStG), we do not charge VAT.

4.2 Cloud servers and game server VPS are billed hourly (monthly price ÷ 730 per started hour) as long as the server exists – regardless of whether it is running or stopped. When ordering, your balance must cover the stated minimum runtime in hours.

4.3 Dedicated servers are billed monthly in advance, domains annually in advance.

4.4 If resources are changed (upgrade/downgrade), the new price applies from the next billing hour; the current hour is charged pro rata.

4.5 Credit does not earn interest. On request, we refund unused credit when the business relationship ends, less any payment fees incurred; credits from promotions are excluded.

4.6 We announce price changes for existing services by email at least one month in advance. You can cancel or delete the service until the change takes effect.

4.7 Promotions: Bonus credit from limited-time promotions (e.g. top-up bonus) is credited in addition to the top-up, can only be used for our services and cannot be paid out. If the associated top-up is refunded or reversed, the bonus credit is reversed proportionally. The respective conditions (amount, minimum top-up, maximum amount, period) are stated with the promotion.

4.8 Voucher codes: Voucher codes grant a percentage discount on the price of a newly ordered cloud server for the period stated with the code, starting from the order; after that, the regular price applies. A redeemed code applies to the next cloud server order and can be removed until then. Each code can only be redeemed once per customer account, is not transferable, cannot be combined with other voucher codes and cannot be paid out in cash. If the server is deleted before the end of the period, the remaining discount expires. Amount, duration, validity period and further conditions are stated with the code.

5. Insufficient credit, suspension and deletion

5.1 We will inform you by email when your balance is running low.

5.2 If your balance is used up, cloud servers are stopped. If the balance is not topped up within 7 days, the servers including all data are irrevocably deleted. We will warn you by email beforehand.

5.3 If the monthly fee for a dedicated server cannot be debited from your balance, the server is suspended after a grace period of 3 days.

5.4 If the renewal of a domain cannot be paid, the domain is cancelled in time before it expires; a later payment before expiry revokes the cancellation. After expiry, the domain can be registered by third parties.

6. Customer obligations and prohibited use

6.1 You undertake not to use our services unlawfully or abusively. In particular, the following is prohibited:

• sending spam or unsolicited advertising,
• attacks on other systems (e.g. DDoS, port scans, brute force), phishing and distributing malware,
• storing or distributing illegal content, in particular content that infringes copyright, trademark or personality rights or violates criminal law or the protection of minors,
• operating services that place an excessive load on the infrastructure or affect other customers, as well as crypto mining without prior consent.

6.2 Outgoing email ports (25, 465, 587) are blocked by default to protect against spam and can be unblocked on request after review.

6.3 In the event of a justified suspicion of a violation or if your server poses a threat, we may suspend the server until the matter has been clarified. We will inform you without delay. In the event of serious violations, we may terminate the contract without notice.

6.4 You indemnify us against third-party claims based on unlawful use for which you are responsible, including reasonable costs of legal defence.

7. Term and termination

7.1 Cloud servers and game server VPS have no minimum term and can be deleted at any time in the customer account; billing ends upon deletion.

7.2 Dedicated servers can be cancelled at any time at the end of the paid month. Immediate cancellation is possible; there is no pro-rata refund for the current month.

7.3 Domains run for one year at a time and are automatically renewed for a further year unless cancelled in the customer account before expiry.

7.4 The right to extraordinary termination for good cause remains unaffected.

7.5 After the end of the contract, all data on the server is deleted. Back up your data in good time.

8. Warranty

The statutory warranty provisions apply. Please report defects via the ticket system so that we can fix them as quickly as possible.

9. Liability

9.1 We are liable without limitation for intent and gross negligence and for personal injury.

9.2 In the case of slight negligence, we are – except towards consumers for personal injury – only liable for the breach of essential contractual obligations and limited to the foreseeable damage typically occurring. Towards businesses, liability for slight negligence, lost profits and data loss is excluded.

9.3 We are only liable for data loss to the extent that it would also have occurred if you had backed up your data properly.

9.4 The limitations of liability do not apply insofar as mandatory statutory provisions – in particular the KSchG and the Product Liability Act – conflict with them.

10. Data protection

Information on the processing of personal data can be found in our privacy policy.

11. Changes to these terms

We may amend these terms with effect for the future if this is necessary for objectively justified reasons (e.g. changes in the law, new services). We will notify you of changes by email at least one month before they take effect. If you do not object within this period, the changes are deemed accepted; we will point out this consequence separately in the notification. If you object, you can terminate the contract when the change takes effect.

12. Partner program

12.1 Participation: Holders of a customer account can take part in the partner program as an affiliate. We activate partners (e.g. creators, streamers, communities) after individual agreement. There is no entitlement to participate.

12.2 Referred customers: A customer is considered referred by you if they register via your referral link or with your code, or redeem the code before their first top-up. Each customer can only be assigned to one partner. Your own accounts and accounts you control do not count.

12.3 Commission: You receive a percentage of the top-ups actually paid by your referred customers – not on bonus credit. The amount and duration of the commission are shown in your partner area or agreed individually. If a top-up is refunded or reversed, the commission lapses proportionally; amounts already paid out are offset against future commissions.

12.4 Payout: Commissions become available after a holding period (currently 14 days). You can use them as credit for our services at any time or have them paid out by bank transfer or PayPal from the minimum amount stated in the partner area. You are responsible for the tax treatment of your commissions.

12.5 Bonus for referred customers: Referred customers receive a one-time bonus credit on their first top-up above the stated minimum amount. Section 4.7 applies accordingly to this bonus credit.

12.6 Fair advertising: Advertising must be truthful and labelled as such (e.g. "Ad" or "Sponsored"). In particular, spam, misleading statements, search engine ads on our brand name, publishing your code on voucher portals without our consent, and self-created or fake customer accounts are not permitted. In the event of violations, we may suspend your partner account; commissions from impermissible advertising are forfeited.

12.7 Changes and termination: We may change or end the partner program and its conditions with effect for the future. Commissions already earned remain unaffected, provided there is no violation of section 12.6. You can end your participation at any time.

13. Final provisions

13.1 Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods and the conflict-of-law rules. For consumers, this choice of law only applies insofar as it does not deprive them of the protection of mandatory provisions of the country in which they have their habitual residence.

13.2 The place of jurisdiction for businesses is the competent court at the company's registered office. For consumers, the statutory places of jurisdiction apply (§ 14 KSchG).

13.3 Should any provision of these terms be invalid, the validity of the remaining provisions remains unaffected.

Last updated: October 2026