General Terms and Conditions
§1 Scope of Application
(1) All services under the brand "HypeServ" are provided by Regh & Meier Services GbR, Am Ramonchamp-Platz 8, 55270 Ober-Olm (hereinafter referred to as "Provider"), exclusively on the basis of these General Terms and Conditions. These Terms also apply to future contracts between the parties, even if not expressly agreed upon again.
(2) The Provider does not accept any deviating terms and conditions of the Customer unless the Provider has expressly agreed to them in writing. The Provider's General Terms and Conditions apply even if services are rendered without reservation despite knowledge of conflicting or deviating terms and conditions of the Customer.
§2 Definitions
(1) "Contract" or "Account" refers to the entirety of the contractual relationship between the Customer and the Provider.
§3 Subject Matter of Contract and Amendments
(1) The Provider's obligations arise from the service description of the respective product and, where applicable, the configuration entered and ordered by the Customer. The Customer has no ownership rights to the server hardware and no right of access to the premises in which the server hardware is located.
(2) The Provider is authorised to expand its services and make improvements. This applies in particular where such adjustments are necessary to prevent misuse or where the Provider is required to make adjustments by law.
(3) If the Provider offers additional services without additional charge, the Customer has no entitlement to these being rendered. The Provider reserves the right to discontinue, modify, or offer such previously free-of-charge services for a fee within a reasonable notice period. In such cases, the Provider will notify the Customer in a timely manner.
(4) The Customer has no entitlement to a specific server. The Customer acknowledges that migration to another server may be necessary without requiring their consent.
(5) Upon creation of a customer account with the Provider, the Customer gains access to the customer portal. In the customer portal, the Customer may independently purchase products using pre-loaded credit. Products in the customer portal can exclusively be purchased using credit and are not directly purchasable otherwise.
§4 Customer Obligations
(1) The Customer is obligated to provide the Provider with complete identity information, including their full name, a legally valid postal address (no P.O. boxes or anonymous addresses), a valid email address, and where applicable a telephone number. The Customer warrants that the information provided is accurate and complete. The Customer further confirms that they are legally entitled to enter into a contractual relationship with the Provider under applicable law, or that the necessary consent of a legal guardian has been obtained.
(2) The Customer is solely responsible for regularly creating up-to-date backup copies of all data stored on the Provider's servers. In the unlikely event of data loss, the Provider shall not be liable for such loss.
(3) The Customer must not violate any laws or third-party rights (including copyright, trademark, name rights, and data protection rights) in their products or the content displayed therein. In the event of a breach of any of the above obligations, the Provider is entitled to immediately suspend its services or block access to the Customer's information.
(4) The Customer agrees to refrain from using techniques in the design of their online presence that cause excessive strain on the Provider's infrastructure. The Provider may temporarily restrict third-party access to online presences using such techniques until the Customer has removed or disabled them. This provision does not apply to servers made exclusively available to the Customer for their own use (dedicated hardware).
(5) The Customer further agrees not to use the resources made available by the Provider for activities that violate statutory prohibitions or third-party rights. This includes in particular:
Phishing
Sending spam emails
Unauthorised access to other computer systems (hacking)
DoS or DDoS attacks
Port scanning
Sending or providing prohibited content (e.g., malware, content harmful to minors, (child) pornography)
Should the Customer breach one or more of the above obligations, the Provider is entitled to immediately terminate all services. Claims for damages by the Provider remain unaffected.
(6) The Customer is solely responsible for all content they store or make available for retrieval. The Provider does not review content for possible violations of laws or contracts.
(7) If a specific data transfer volume per billing period has been agreed upon with the Customer, the Customer is obligated to monitor this limit. If the data transfer volume (traffic) attributable to the Customer's offering exceeds the agreed maximum for the respective period, the Provider may invoice the Customer for the excess volume at the agreed rates. If no rates have been contractually agreed, a rate of one euro (€1) per ten gigabytes (10 GB) shall apply.
§5 Contract Formation, Contract Term and Termination
(1) A contract between the Provider and the Customer may be formed through various actions by the Customer:
Creating a customer account
Loading credit
Ordering products using credit
(2) There is no minimum contract term, as ordered products are billed in advance. The contract term corresponds to the period paid for in advance. The contract for the respective product ends automatically if the Customer does not renew it.
(3) After expiry of the pre-paid period, a 3-day grace period begins during which the Customer has the opportunity to renew the contract. If no renewal is made within this period, the contract ends automatically upon expiry of the grace period.
(4) It is the Customer's responsibility to back up their data in good time before the end of the service or contract.
§6 Credit, Payment and Billing
(1) In order to use and pay for the services provided by the Provider, credit must be loaded onto the customer account. The Customer submits a binding contractual offer already upon requesting a credit top-up.
(2) When loading credit, the submission of the top-up request and the redirect to the chosen payment service provider constitutes legally binding acceptance of the Provider's prior offer. The contract is thus concluded upon the credit being loaded onto the customer account.
(3) A receipt for completed credit top-ups will be sent to the Customer online by email. The Customer must ensure that the email address registered with the Provider is correct and capable of receiving emails from the Provider (e.g., the inbox must not be full). The Provider may additionally provide an online receipt at its own discretion.
(4) The credit will be applied to the customer account within 2 days of contract formation, provided that payment has been successfully confirmed.
(5) The loaded credit may only be used for booking and paying for products in the customer portal. A payout of credit is excluded. For consumers, this applies only once the withdrawal period has expired or the right of withdrawal has lapsed.
(6) For payment transactions via the payment service provider Mollie, the applicable privacy policy and general terms and conditions of Mollie apply (https://www.mollie.com/de/privacy).
(7) For payment transactions via the payment service provider Stripe, the applicable privacy policy and general terms and conditions of Stripe apply (https://stripe.com/de/legal/ssa).
(8) Unless otherwise stated, all prices are inclusive of statutory value added tax.
§7 Warranty
(1) The Provider is only responsible for service disruptions to the extent that they affect the services it is obligated to provide. Unless otherwise agreed, the Provider guarantees a minimum availability of 90% per month. Scheduled maintenance announced to the Customer is excluded from this guarantee.
(2) The Provider shall remedy disruptions within the limits of technical feasibility. If a disruption is not resolved within a reasonable period of one day, the Customer shall set the Provider an appropriate additional deadline. If the disruption is not resolved within this additional deadline, the Customer's statutory rights apply. Claims for damages exist only within the scope of liability under §8.
(3) If the functionality of a product is impaired due to use beyond the contractually intended purpose, it is the Customer's responsibility to demonstrate that the malfunction would also have occurred under contractual use.
(4) The Customer must notify the Provider of defects without undue delay ("fault report") and must support the Provider to the best of their ability in rectifying possible defects, in particular by taking all reasonable measures to ensure data security.
(5) The Provider does not warrant that the hardware and software used or provided by it meets the Customer's requirements, is suitable for specific applications, or is free from errors or malware.
§8 Liability
(1) The Provider's liability, regardless of the legal basis, is governed exclusively by the following provisions.
(2) The Provider is liable for intentional misconduct and gross negligence in accordance with statutory provisions.
(3) In cases of minor negligence, the Provider is only liable for breach of a material contractual obligation on the fulfilment of which the Customer may regularly rely (cardinal obligation). In such cases, the Provider's liability is limited to the foreseeable, typical damage. Liability for all other damages or loss of profit is excluded.
(4) In the event of data loss caused by the Provider, liability within the limitations set out above is restricted to the costs of restoring data that would have been lost even had the Customer properly backed up their data. It is expressly noted that the Customer is responsible for creating their own data backups.
§9 Suspension
(1) In the event of the Customer breaching laws, third-party rights, or contractual provisions agreed with the Provider, the Provider is entitled to withhold its services in whole or in part ("suspension"), the selection of which is at its discretion. A justified suspension does not release the Customer from their payment obligations. The Provider will notify the Customer of any suspension without undue delay by email to the address registered with the Provider.
(2) This also applies where the Provider considers it possible that conduct by the Customer or a third party exists that violates the aforementioned provisions.
§10 Data Protection
(1) Information regarding data protection can be found in the Provider's Privacy Policy.
§11 Intellectual Property
(1) Within the framework of the contract, the Provider grants the Customer a time-limited, non-exclusive (simple) right of use for the proprietary and third-party software made available.
§12 Governing Law and Jurisdiction
(1) The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
(2) If the Customer is a merchant, a legal entity under public law, or a special fund under public law, Mainz, Germany shall be the exclusive place of jurisdiction for all disputes.
§13 Miscellaneous
(1) All information and declarations by the Provider, with the exception of notices of termination, may be directed to the Customer electronically, e.g., by email to the address provided by the Customer.
(2) The Provider reserves the right to amend these Terms and Conditions at any time. Customers will be notified of any changes by email to the address registered with the Provider no later than 4 weeks before the changes take effect. If the Customer does not object in writing within 4 weeks of receiving the notification, the amended Terms and Conditions shall be deemed accepted. The Provider will expressly draw the Customer's attention to this consequence in the notification. If the Customer objects, either party is entitled to terminate the contractual relationship with effect from the date the changes would have taken effect.
(3) Should any provision of the contract be or become invalid, or should the contract contain a gap, this shall not affect the validity of the remaining provisions.
§14 Special Terms for Domain Services
The following provisions apply in addition where the Customer registers, renews, or manages a domain through the Provider.
(1) When registering a domain, the Provider acts on behalf of the Customer within the framework of a contract management relationship. The domain registration contract is concluded directly between the Customer and the relevant registry or its accredited registrar (currently: Hosting Concepts BV, Hofplein 20, 3032 AC Rotterdam, The Netherlands). The Provider acts solely as an intermediary and is not a party to the registration relationship.
(2) The registration relationship is governed by the registration terms, policies, and general terms and conditions of the respective registry and registrar, which are accessible and linked at https://onesrv.net/domainrichtlinien. In the event of conflict, these take precedence over the Provider's General Terms and Conditions. The Customer is obligated to familiarise themselves with these terms. The Customer is further required to take note of the ICANN Registrant Rights & Responsibilities, ICANN Registrant Benefits and the ICANN Registrant Educational Information.
(3) Domain registration is carried out through a largely automated process. The Provider has no influence over the allocation of domains by the registry and provides no warranty that a requested domain will be allocated, will remain in existence, or will be free of third-party rights. Availability information is based on third-party data (e.g., WHOIS queries) and refers exclusively to the time of the query; it may deviate from actual availability due to technical caching or intervening registrations.
(4) A domain is only considered registered upon successful entry in the database of the relevant registry. The Provider activates the domain only upon receipt of the agreed fees. As the registration is executed immediately and irrevocably upon instruction to the registry, any right of withdrawal under §312b of the German Civil Code (BGB) is excluded. Modification of the requested domain name after submission to the registry is not possible. Any costs for the deletion of an incorrectly ordered domain and for a new registration shall be borne by the Customer.
(5) The Customer is obligated to provide complete and accurate information at the time of registration, in particular regarding the domain holder (Registrant), the administrative contact (Admin-C), and the technical contact (Tech-C). Any changes must be communicated to the Provider without undue delay and no later than within 7 days. The wilful provision of false or incomplete data, as well as failure to update such data, constitutes a material breach of contract and entitles the Provider and/or the registrar to suspend or delete the domain.
(6) Following each registration, transfer, or change of holder data, the Customer is required to verify their email address within 15 days by confirming a verification email. Failure to do so constitutes a material breach of contract and may result in the immediate suspension of the domain.
(7) By commissioning a domain registration, the Customer declares that, to the best of their knowledge, neither the registration nor the use of the domain name infringes any third-party rights, in particular no registered trademarks, business identifiers, name rights, or other intellectual property rights. The legal review is the sole responsibility of the Customer. The Customer shall indemnify and hold harmless the Provider, the registrar (Hosting Concepts), and the respective registry operator from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or in connection with the domain registration or use.
(8) The Customer submits to the applicable ICANN dispute resolution procedures for any disputes arising from or in connection with the domain name, in particular the Uniform Domain Name Dispute Resolution Policy (UDRP) and the Uniform Rapid Suspension Procedure (URS). The Provider is entitled to suspend, transfer, or delete a domain in accordance with these procedures without giving rise to any claims by the Customer.
(9) The Customer expressly authorises the Provider to act as Designated Agent within the framework of the ICANN Transfer Policy and to approve a change of registrant on behalf of both the prior and the new registrant, to the extent necessary for the performance of the contract.
(10) The Customer acknowledges that the registrar (Hosting Concepts) is entitled to suspend, delete, transfer, or redirect domains to a parking page without prior notice and without any right to reimbursement, in particular to comply with legal requirements, ICANN policies, or to avoid liability. No claims against the Provider shall arise from any such action by the registrar.
(11) The Customer is solely responsible for the timely renewal of their domains. The Provider will endeavour to notify the Customer prior to expiry but accepts no liability for the loss of a domain due to non-renewal. In the event of non-payment, the Provider will not submit a renewal request and, after setting an appropriate deadline, is entitled to release (delete) the domain. The Customer has no entitlement to a free replacement domain.
(12) Termination of the main contract does not automatically include termination of the domain registration. For the simultaneous termination and release (deletion) or transfer of a domain, an explicit written instruction from the Customer is required, in which the domain holder (cf. para. 5) clearly states whether the domain is to be deleted or transferred to another provider (auth-code request). Without such instruction, the Provider will cease active management, which may result in automatic deletion by the registry.
Date of effectiveness 23 March 2026
Previous versions of the General Terms and Conditions:
Product 
