Scope of Application
1.1 Applicability to Contracts
These General Terms and Conditions (hereinafter "GTC") of BeastHost UG (haftungsbeschränkt) (hereinafter "Provider" and "Virtbase"), apply to all contracts that a consumer or entrepreneur (hereinafter "Customer") concludes with the Provider regarding the services presented by the Provider on its website. The inclusion of the Customer's own terms and conditions is hereby objected to, unless otherwise agreed.
1.2 Consumer Definition
A consumer within the meaning of these GTC is any natural person who concludes a legal transaction for purposes that are predominantly neither attributable to their commercial nor their independent professional activity.
1.3 Entrepreneur Definition
An entrepreneur within the meaning of these GTC is a natural or legal person or a legal partnership, who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction.
Services of Virtbase
2.1 Service Description
Virtbase provides services for making content accessible via the Internet. For this purpose, it provides the Customer with system resources on a virtual server. The Customer can store content on this server up to a certain extent. The exact extent is specified in the service description.
2.2 Data Communication
The content is kept available on the server for retrieval via the Internet. Virtbase's services in the transmission of data are limited solely to data communication between the handover point of Virtbase's own data communication network to the Internet operated by Virtbase and the server provided for the Customer. Virtbase cannot influence data traffic outside its own communication network. Successful forwarding of information from or to the computer querying the content is therefore not owed to that extent.
2.3 Availability
Virtbase's online service is offered subject to availability. 100 percent availability is technically not feasible and therefore cannot be guaranteed to the Customer by Virtbase. However, Virtbase endeavors to keep the service as constantly available as possible. In particular, maintenance, security or capacity concerns as well as events that are not within Virtbase's control (disruptions to public communication networks, power outages, etc.) may lead to disruptions or temporary shutdown of the service.
2.4 Backups
Unless otherwise agreed, Virtbase does not create backups of Customer content. The Customer is responsible for creating and maintaining adequate backups of their content stored with Virtbase and for not storing these exclusively on Virtbase's servers.
2.5 Adjustment of Hardware and Software
Virtbase is entitled to adapt the hardware and software used to provide the services to the respective state of the art. If such an adaptation results in additional requirements for the content stored by the Customer on the server in order to ensure the provision of Virtbase's services, Virtbase will inform the Customer of these additional requirements in a timely manner. In this case, the Customer must inform Virtbase no later than four weeks before the conversion date whether they will adapt their content in time - that is, no later than three business days before the conversion date - to the additional requirements for the conversion. If the Customer refuses to adapt their content or does not declare this within the aforementioned period to Virtbase, Virtbase may terminate the contractual relationship effective as of the conversion date.
Service Changes
3.1 Reasonableness
Virtbase reserves the right to change the services offered or to offer different services, unless this is unreasonable for the Customer.
3.2 Reservations
Virtbase further reserves the right to change the services offered or to offer different services,
- insofar as Virtbase is obliged to do so due to a change in the legal situation;
- insofar as Virtbase thereby complies with a court judgment or administrative decision directed against it;
- insofar as the respective change is necessary to close existing security gaps;
- if the change is merely advantageous for the Customer; or
- if the change is purely technical or procedural in nature without significant impact for the Customer.
3.3 Exceptions
Changes with only insignificant impact on Virtbase's services do not constitute service changes within the meaning of this section. This applies in particular to changes of a purely graphical nature and the mere change in the arrangement of functions.
Contract Conclusion
4.1 Offers
The services described on Virtbase's website do not constitute binding offers, but serve to submit a binding offer by the Customer.
4.2 Order Process
The Customer can submit the offer via the online order form provided on Virtbase's website. In doing so, the Customer submits a legally binding contract offer regarding the selected services by entering their personal data and clicking the button that concludes the order process.
4.3 Acceptance of the Offer
Virtbase can accept the Customer's offer within five days,
- by Virtbase transmitting a written order confirmation or an order confirmation in text form (fax or email) to the Customer, whereby the receipt of the order confirmation by the Customer is decisive, or
- by Virtbase requesting payment from the Customer after submission of their order.
If several of the aforementioned alternatives are present, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins to run on the day after the Customer sends the offer and ends with the expiry of the fifth day which follows the sending of the offer. If Virtbase does not accept the Customer's offer within the aforementioned period, this is deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.
4.4 Payment Processing
When selecting a payment method offered by Virtbase, payment processing is carried out via the payment service provider Stripe Technology Europe, Limited (hereinafter: "Stripe"), subject to the Stripe Terms of Use, viewable at https://stripe.com/. If the Customer pays using a payment method offered by Stripe that can be selected in the online order process, the seller hereby declares acceptance of the Customer's offer at the time when the Customer clicks the button that concludes the order process.
4.5 Storage of the Contract Text
When submitting an offer via Virtbase's online order form, the contract text is stored by Virtbase after contract conclusion and transmitted to the Customer in text form (e.g., email, fax or letter) after sending their order. Any further access to the contract text by Virtbase does not take place. If the Customer has set up a user account for Virtbase's website before sending their order, the order data is archived on the website and can be retrieved by the Customer free of charge via their password-protected user account by providing the corresponding login credentials.
4.6 Correction of Input Errors
Before binding submission of the order via Virtbase's online order form, the Customer can identify possible input errors by carefully reading the information displayed on the screen. An effective technical means for better recognition of input errors can be the browser's zoom function, with which the display on the screen is enlarged. The Customer can correct their entries within the electronic order process using the usual keyboard and mouse functions until they click the button that concludes the order process.
4.7 Language
The German language is available for contract conclusion.
4.8 Order Processing
Order processing and contact are generally carried out via email and automated order processing. The Customer must ensure that the email address provided by them for order processing is correct, so that emails sent by Virtbase can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by Virtbase or third parties commissioned by Virtbase with order processing can be delivered.
Right of Withdrawal
5.1 Expiry of the Right of Withdrawal
With the provision of the selected hosting services on the customer platform provided by Virtbase (https://app.virtbase.com), the service is considered fully performed. The right of withdrawal thus expires.
Customer Obligations
6.1 Customer Content
The content stored by the Customer on the storage space intended for them may be protected by copyright and data protection law. The Customer grants Virtbase the right to make the content stored by them on the server accessible when queried via the Internet, in particular to reproduce and transmit it for this purpose and to be able to reproduce it for the purpose of data backup. The Customer checks on their own responsibility whether their use of personal data meets data protection requirements.
6.2 Prohibited Content
The Customer undertakes not to store any content on the provided storage space that violates applicable law or infringes the rights of third parties. The Customer also ensures that programs, scripts, etc. installed by them do not endanger the operation of the server or the communication network of Virtbase or the security and integrity of other data stored on Virtbase's servers.
6.3 Indemnification
The Customer indemnifies Virtbase from all claims that third parties assert against Virtbase due to infringement of their rights based on content stored by the Customer on the server. The Customer bears the costs of the necessary legal defense including all court and attorney costs in reasonable amounts. This does not apply if the Customer is not responsible for the legal infringement. The Customer is obliged to provide Virtbase in the event of a claim by third parties immediately, truthfully and completely with all information necessary for examining the claims and for defense.
6.4 Blocking Right
In the event of an immediately threatening or occurred violation of the aforementioned obligations as well as in the case of assertion of not obviously unfounded claims by third parties against Virtbase based on the content stored on the server, Virtbase is entitled, taking into account also the legitimate interests of the Customer, to temporarily suspend the connection of this content to the Internet in whole or in part with immediate effect. Virtbase will inform the Customer about this measure immediately.
6.5 Deactivation of Harmful Programs
If programs, scripts, etc. installed by the Customer endanger or impair the operation of the server or the communication network of Virtbase or the security and integrity of other data stored on Virtbase's servers, Virtbase may deactivate or uninstall these programs, scripts, etc. If the elimination of the danger or impairment requires this, Virtbase is also entitled to interrupt the connection of the content stored on the server to the Internet. Virtbase will inform the Customer about this measure immediately.
6.6 Access Credentials
For access to the storage space intended for the Customer, the Customer receives a user ID and a changeable password. The Customer is obliged to change the password at regular intervals. The Customer may only pass on the password to persons who have been authorized by them to access the storage space.
Security Regulations
7.1 General Security Obligation
Every Customer is obliged to ensure the technical security and functionality of Virtbase's systems. In particular, it is prohibited:
- to access data or areas that are not intended for the respective user;
- to check technical systems for vulnerabilities or security gaps, to bypass security mechanisms or to perform manipulations;
- to falsify header information, IP addresses or other communication data.
7.2 Permitted Use
Virtbase may only be used via common, current web browsers. Any action that impairs the proper operation of the platform is prohibited. This includes in particular attacks or measures such as XSS, SQL-Injection, CSRF, Phishing, DoS, DDoS, Brute-Force, Session Hijacking, automated or script-controlled access as well as comparable interventions in the operator's infrastructure.
7.3 Consequences of Violations
Violations of these security regulations can result in both civil and criminal consequences. Virtbase is entitled to investigate violations, secure evidence and, if necessary, involve law enforcement authorities.
7.4 Procedure for Abuse Reports
If an abuse report is received regarding a server or an IP address, Virtbase may temporarily block the affected system or IP address. The Customer will be informed about such a block by email.
Payment Terms and Remuneration
8.1 Price Information
Unless otherwise stated in the service description, all prices stated are understood as total prices including statutory value-added tax.
8.2 Payment Methods and Modalities
All available payment methods as well as the respective payment conditions are listed on Virtbase's website.
8.3 Payment via "PayPal"
If the Customer chooses a payment method offered via the payment service PayPal, processing is carried out via PayPal. PayPal may use other service providers for payment processing. If Virtbase offers payment methods with advance performance via PayPal (e.g., invoice purchase or installment payment), the claim is assigned to PayPal or a payment service provider commissioned by PayPal. PayPal may conduct a credit check. If the selected payment method is rejected, Virtbase may require an alternative payment method. General customer inquiries (e.g., regarding deliveries, cancellations or complaints) should continue to be directed to Virtbase.
8.4 Payment via "SOFORT" (Klarna)
With the "SOFORT" payment option, processing is carried out via SOFORT GmbH, Theresienhöhe 12, 80339 Munich. The Customer needs an online banking account enabled for "SOFORT" and must authenticate themselves there. After confirmation of the payment instruction, the amount is automatically debited from the Customer's bank account. Further information is available at https://www.klarna.com/sofort.
8.5 Payment via Bank Transfer / SEPA
When selecting the payment method "Bank Transfer" or "SEPA Transfer", the invoice amount is due immediately after contract conclusion, unless otherwise agreed. Services are only activated after full payment has been received.
Contract Formation, Storage of the Contract Text
9.1 Contract Conclusion
The following regulations apply to all orders via Virtbase's online shop or customer panel (https://app.virtbase.com).
9.2 Contracting Party
The contract is concluded with:
BeastHost UG (haftungsbeschränkt)
Lambarenestraße 21A
09350 Lichtenstein/Sa.
Germany
9.3 Offer and Acceptance
By submitting an order, the Customer makes a binding offer to conclude a contract. Virtbase confirms receipt of the order automatically by email. The contract is concluded upon provision of the service.
9.4 Order Process
During the order process, the Customer can check, correct their entries or cancel the process at any time. After submitting the order, the Customer receives a confirmation email. Shortly thereafter, the ordered product is provided in the customer area.
Liability
10.1 Principle
Virtbase is liable to the statutory extent for damages or expenses arising from contractual, tortious or other legal relationships.
10.2 Unlimited Liability
Unlimited liability exists in cases of intent, gross negligence, culpable violation of life, body or health, in the case of a guarantee assumption or mandatory statutory liability provisions (e.g., Product Liability Act).
10.3 Limited Liability
In cases of negligent violation of essential contractual obligations, liability is limited to the typical, foreseeable damage. Essential contractual obligations are those whose fulfillment is necessary for the proper execution of the contract and on whose compliance the Customer may rely.
10.4 Exclusion of Further Liability
Any further liability is excluded.
10.5 Auxiliaries and Representatives
The above regulations apply equally to legal representatives and auxiliaries of Virtbase.
Account Usage Regulations
11.1 Authorized Users
A user account with Virtbase can be set up by natural persons, legal entities or partnerships, provided they are fully legally competent.
11.2 Minor Customers
Minors require the consent of a legal guardian to use Virtbase. Virtbase may request written confirmation of this consent at any time.
11.3 Age Verification
For certain products, age verification may be required to comply with legal requirements for youth protection.
11.4 Account Creation
A valid email address and a secure password must be provided for account creation. False or incomplete information may lead to deletion of the account and termination of the contractual relationship. Any credit already loaded will not be refunded in this case.
11.5 Dealing with Support
A respectful and objective tone towards customer service is mandatory. In case of insulting behavior, Virtbase may refuse support or block the account. Virtbase expects constructive dialogue and commits itself in return to friendly communication.
11.6 Account Blocking
Virtbase is entitled to block accounts without prior notice if there is an important reason - such as a legal violation or violation of these GTC. In such cases, no refund of credit will be made.
11.7 Credit Regulation
Loaded credit cannot be paid out in cash. It is exclusively intended for the use of Virtbase services. In case of chargebacks or PayPal cases, the account may be temporarily or permanently blocked.
Availability
Virtbase strives for continuous availability of its systems (24/7), but assumes no guarantee for seamless accessibility. Interruptions due to maintenance, technical failures or force majeure are possible. Liability for data loss or outages is excluded.
Provision of Services
13.1 Protection of Technical Infrastructure
Virtbase reserves the right to temporarily deactivate or remove products in case of excessive use or exceptional load on individual systems to ensure overall stability.
13.2 Customer Support
General support is available free of charge. Administrative or individual additional support may be offered for a fee by arrangement.
13.3 Provision
Products are generally provided automatically after successful ordering. For certain services, e.g., domains, delays may occur due to external validations.
13.4 Domain Conditions
Domains are registered for at least one year. If no timely cancellation occurs, the domain may be deleted. Inactive domains may be removed.
13.5 Customer Responsibility
The transmission of domain registration is carried out by Virtbase to the responsible registry. The Customer is responsible for the accuracy of their data. Virtbase assumes no guarantee for successful registration.
Service Description
14.1 Permitted Use
Virtbase services may not be used for unlawful purposes or the distribution of copyright-infringing or pornographic content. Violations lead to blocking or removal of content.
14.2 IP Assignment
The IP address assigned to the Customer may change at any time for technical reasons. There is no claim to a fixed IP address.
14.3 Legal Adjustments
Virtbase may restrict or discontinue functions if this is legally required. Customers will be informed of this in a timely manner.
14.4 Fair Use Principle
In case of excessive use of the data traffic included in the tariff, the connection will be temporarily throttled. The level of throttling as well as the determination of the upper limit for data traffic is at Virtbase's discretion.
Amendment of the GTC
15.1 Changes Requiring Consent
Virtbase may amend these GTC, provided the Customer expressly agrees to the changes.
15.2 Changes Without Consent
An adjustment without consent is permissible if:
- it is necessary due to legal provisions,
- it serves to implement court or administrative decisions,
- it concerns new or supplementary services,
- it is exclusively advantageous for the Customer or
- it is purely technical in nature, without significant impact for the Customer.
15.3 Information Obligation
Significant changes will be communicated to the Customer in an appropriate manner. Changes that affect the type, scope or duration of services are considered significant.
15.4 Right of Termination
The Customer's right to terminate remains unaffected.
Applicable Law, Jurisdiction
16.1 Choice of Law
The law of the Federal Republic of Germany applies. For consumers, this choice of law only applies if it does not restrict mandatory consumer protection rights of the state of residence.
16.2 Jurisdiction
If the Customer is a merchant, legal entity under public law or public-law special fund with registered office in Germany, the business location of Virtbase is the exclusive place of jurisdiction. The same applies if registered office is abroad, provided the contract can be assigned to commercial activity.
Severability Clause
17.1 Partial Invalidity
Should a provision of these GTC be invalid or unenforceable, the validity of the remaining provisions remains unaffected.
17.2 Replacement Provision
Instead of the invalid provision, a provision that comes closest to the economic purpose of the original applies.
17.3 Gap Regulation
Should a regulatory gap exist, a provision is deemed agreed that corresponds to the meaning and purpose of the contract.