The scope of services is defined by the version of the contract in effect at the time of the order, as available at www.hostingtime.de
The contract between the provider and the customer is only concluded upon acceptance of the customer’s application by HostingTime. Notification of the contract acceptance is sent to the customer via email and is also visible in the customer panel at www.hostingtime.de. Minors are not permitted to use the services offered by HostingTime without the consent of their legal guardians. For mutual protection, the customer is obliged to provide all required data truthfully and accurately as stipulated in the contract. The payment obligation between the customer and HostingTime arises no later than the date on which services are activated and provided by HostingTime. Both the customer and HostingTime may terminate the contractual relationship at any time and without stating reasons, subject to the notice period specified in the contract. If no specific notice period is defined, a notice period of two weeks to the end of the month shall apply. Terminations received late will automatically be processed for the end of the following month. HostingTime reserves the right to discontinue free services or free supplementary services at any time without notice. Notification of such discontinuation may be made via email. A termination by the customer must be initiated through the customer panel for the respective product in order to be effective. Alternatively, termination in written form via letter or fax is also valid. The notice of termination must include the customer’s personal and account information and must be personally signed to be legally effective. **Performance obligations regarding the creation of websites, web hosting, and digital learning media:** HostingTime guarantees an annual average server availability of 99.0%. This excludes periods during which the server is inaccessible via the internet due to technical or other issues beyond HostingTime’s control (force majeure, third-party fault, etc.). HostingTime reserves the right to restrict access to services if this is necessary for the security of network operations, maintenance of network integrity, or prevention of serious disruptions to the network, software, or stored data. The customer may switch to another plan offered by HostingTime, provided it is available and technically feasible. A switch to a lower-priced plan is possible at the end of the prepaid term. A switch to a higher-priced plan is possible at any time. The provision of the upgraded services will occur as soon as possible. The billing for the higher fee begins from the date of the upgrade. HostingTime is entitled to invoice or collect charges arising from the plan change. Credits will be applied to future services. The notice period for termination shall thereafter be based on the newly selected plan. The right to terminate the contract without notice for good cause remains unaffected. Good cause exists in particular in the case of serious or repeated violations of contractual obligations or if the contract becomes unfulfillable. In the event of termination for good cause, HostingTime is entitled to immediately block access to the provided services. In such cases, HostingTime may also block or delete stored data or content without prior notice.
The standard method of communication is via email (ticket system); in exceptional cases, telephone or fax may also be used. However, orders and order confirmations are always issued in written form, usually via email. Support for script setup, PERL/PHP, programming, and similar services is not included in standard support. Complaints regarding faulty services, technical support, or other inquiries should be sent to [support@hostingtime.de](mailto:support@hostingtime.de) or to our postal address. Emails that cannot be delivered due to incorrect information provided by the customer do not release the customer from their obligations. HostingTime may transfer rights and obligations arising from this contract to third parties. If the customer does not object in writing within 7 days, the transfer becomes effective.
The prices listed in the pricing information are exempt from VAT. The prices publicly published on the website at the time of contract conclusion apply for the respective scope of services. Discounts and deductions must be made in writing, as must any changes, extensions, or reductions, which are only valid if based on written agreements. The use of products provided by HostingTime is subject to the applicable fees. These are either monthly flat-rate charges or variable charges depending on the scope of use. Invoices are issued exclusively by email. Postal delivery of invoices is only provided upon explicit request by the customer; any resulting costs will be charged to the customer. HostingTime reserves the right to adjust fees at the beginning of a new billing period. Changes to fees will be communicated to the customer at the email address provided at the time of order, at least four weeks prior to taking effect. A fee increase entitles the customer to an extraordinary right of termination, which may be exercised with a notice period of two weeks before the effective date of the increase. Fee increases known at the time of ordering do not require separate notification and do not constitute grounds for special termination. Payment of fees is generally made via bank transfer, PayPal, or instant transfer (Sofortüberweisung). The customer authorizes HostingTime, as specified in the contract, to collect any applicable charges from the customer's designated account, where agreed upon. This authorization also applies to any subsequent or variable fees, other purchase amounts, and new bank details provided by the customer. The customer is obligated to inform HostingTime in advance of any expected payment difficulties — at least one week before the start of the next billing period — via email. The customer is automatically in default 30 days after receipt of the invoice. From this point on, the outstanding amount will bear interest at 5% above the applicable base interest rate, and the corresponding product may be suspended by HostingTime until payment is received. A processing fee of €5.00 will be charged for each reminder notice sent. If the customer opts to pay by bank transfer, the ordered product will only be activated after the first full payment has been received. Payment must be made immediately upon receipt of the invoice, but no later than 5 days thereafter, unless a direct debit authorization has been granted. A payment is only deemed complete once HostingTime has full access to the transferred funds. The customer is also responsible for any charges incurred by third parties — whether authorized or unauthorized — using their login credentials. Furthermore, HostingTime reserves the right to forward outstanding claims to a debt collection agency if reminders remain unsuccessful.
(1) The provision of services (activation of the purchased credit) takes place immediately after the payment instruction has been issued. (2) After the expiration of the withdrawal period or the forfeiture of the right of withdrawal for consumers, no payout of credit or remaining balances will be made. The credited amount can be used exclusively for booking our internet services.
Users are prohibited from uploading textual, visual, or other content to the provider’s platform that violates applicable laws. Likewise, users are forbidden from uploading content that unlawfully uses third-party copyrighted, trademarked, or competition-protected material. The following uses are expressly prohibited and will result in the suspension of the respective access and/or immediate termination of the contract, with HostingTime reserving the right to assert claims for damages: – Illegal, violent, or inciting content and offers – All forms of pirated copies as well as links to such content or offers – Downloads of pirated copies via our servers – Audio and/or video files without the permission of the copyright holder – Prohibited pornographic content – Any form of mass mailing – Any form of unsolicited email sending for advertising purposes – Any attempt to damage this system – Any attempt to misuse access rights HostingTime UG reserves the right to block content or programs that may impair the regular operation or security of the server or to prohibit their operation on a case-by-case basis. Customers are generally prohibited from running servers or daemons that could compromise system security or excessively consume bandwidth. Any exceptions require prior approval from HostingTime. The downloading or use of exploits, port scanning, flooding or DDoS programs, cracks, and similar hacking tools is explicitly forbidden through HostingTime’s access. Should such programs be used, HostingTime reserves the right to terminate the contract without notice and without stating reasons, as well as to initiate legal action against the user. Any third-party claims will be forwarded to the affected customer. HostingTime reserves the right to terminate processes that cause above-average CPU load or consume an excessive amount of memory (RAM). This does not apply to root or customer-owned servers.
The customer is obligated to use HostingTime’s services appropriately. The customer is solely responsible for all content, even if such content is published or produced by third parties through their account. HostingTime does not monitor or review customer content. HostingTime does not assess whether third-party claims against content are justified or unjustified. The customer agrees that access to content they have created may be blocked pending resolution in the event of third-party claims. Should HostingTime need to impose such a block, the customer remains obligated to pay for the service. Furthermore, the customer indemnifies HostingTime against any third-party claims, associated costs, and adverse consequences. The customer acknowledges that a separate agreement with GEMA (German Society for Musical Performing and Mechanical Reproduction Rights) and GVL (German Society for the Administration of Neighbouring Rights) is required for the broadcast and/or publication of licensed and copyrighted music. The customer commits to securing such agreements with the aforementioned organizations prior to broadcasting licensed and copyrighted music. Broadcast quality (bitrate) is limited to a maximum value as stated in the offers and service descriptions for radio streaming services. Within the agreed minimum and maximum bitrates, the customer is free to adjust broadcast quality according to their preferences. Use of a bitrate higher than agreed may result in termination of access. The parties agree that the broadcast format shall be PLS. If a customer’s bots/bouncers are linked to a botnet, the customer assumes responsibility for the behavior of the entire botnet. HostingTime reserves the right to temporarily or permanently block IRCD accounts that are connected to IRC networks whose sole purpose is the exchange of pirated copies (so-called “warez”).
HostingTime UG is liable only for damages caused by its employees, legal representatives, or vicarious agents through gross negligence or intentional misconduct. This limitation of liability applies to both contractual and non-contractual claims of the customer against the provider. Liability under the Product Liability Act remains unaffected. HostingTime is not liable for the proper functioning of internet infrastructures or transmission routes that are outside the responsibility of HostingTime or its agents. In any case, maximum liability is limited to the amount of the order value. HostingTime is unable to verify the accuracy of all customer data provided at the time of order. In the event of intentional false information, the contract shall be void. Any fees already paid will not be refunded, and all data in the customer account will be deleted immediately. Outstanding claims of HostingTime against the customer remain unaffected.
By accessing HostingTime’s online services or using data from HostingTime’s offerings, users waive any claims against HostingTime that may arise from this activity. In particular, users waive claims related to potential malfunctions on their devices (e.g., bugs, deletions, viruses, defects, theft, destruction, unauthorized access to or alteration of data) as well as damage to or impairment of their hardware or software in connection with the use of the online services and offered services. The same applies to any problems or malfunctions involving computer systems, servers, providers, or computer peripherals related to or resulting from the use of these services.
HostingTime assumes no warranty or liability for textual, visual, or other content made accessible via third parties (e.g., email, hyperlinks, chat rooms, forum posts, subdomains) through HostingTime’s online services.
The customer is obligated to treat all passwords provided for the use and fulfillment of the contract with strict confidentiality. Should these passwords be used by third parties, the customer is responsible for bearing all resulting costs or claims for damages. The customer expressly indemnifies HostingTime against any claims made by third parties arising from a breach of this obligation.
We are authorized to process all data related to business relationships with customers in accordance with the Federal Data Protection Act (BDSG). HostingTime hereby informs, pursuant to §33 BDSG, that personal data will be stored within the scope of contract execution and, if necessary, forwarded to involved cooperation partners, vicarious agents, and service providers of HostingTime to the extent required. Otherwise, personal data will only be collected, processed, or used if the customer consents or if permitted by law. The usage volume relevant for billing is recorded by the operator of the internet infrastructure to the necessary extent and transmitted to the provider for billing purposes. The provider is entitled to store such billing-relevant data permanently.
HostingTime UG reserves the right to use new or alternative technologies, systems, procedures, or standards in the course of providing services as technological advancements occur, even if different from those initially agreed upon at the time of order, provided that no disadvantages arise for the customer. HostingTime is entitled to engage third-party service providers and vicarious agents to perform parts or the entirety of the service spectrum. HostingTime may change the internet infrastructure used, as well as the service providers and vicarious agents commissioned for service delivery, at any time without separate notification, as long as no disadvantages result for the customer. The customer guarantees HostingTime that all provided data, especially their name, address, telephone connections, and bank details, have been given correctly and completely. The customer is obligated to immediately notify HostingTime of any changes to address, account information, or email addresses by letter, email, or fax. Access credentials must also be provided in such notifications. HostingTime UG will charge the customer in full for any financial damages resulting from data not communicated in a timely manner. Unless separately requested, the customer has no entitlement to a dedicated IP address, a dedicated physical server for their content, or a specifically assigned bandwidth. For cost-efficiency, operation takes place on high-performance servers with an appropriate number of IP addresses per server and an overall bandwidth available to the server. This may result in fluctuations in the actual bandwidth available to the customer.
Deviations from these General Terms and Conditions, supplementary agreements, and collateral arrangements require written form or explicit written confirmation by HostingTime. By accessing the online services, users acknowledge these Terms and Conditions or Terms of Use. Without such acknowledgment, the use of the provided online services and offered services is not permitted. Any conflicting terms and conditions of the user are hereby expressly rejected. All services and information provided are non-binding. If any provision of the contract is invalid or if the contract is incomplete, the validity of the remaining provisions shall not be affected. The invalid provision shall be replaced by a provision that comes closest to the economic purpose and intent of the invalid clause in a legally effective manner. The same applies to any contractual gaps. The current Terms and Conditions always apply, including to all future contracts. Should HostingTime amend the Terms and Conditions, the new regulations shall become legally effective 14 days after their publication on HostingTime’s online services and shall be incorporated into all subsequent legal transactions, unless the customer submits a justified written objection to HostingTime within this period. The place of performance for all mutual obligations arising from the contract, including possible claims for restitution, is agreed to be the registered office of HostingTime. In business dealings with merchants who are not traders as defined under §4 of the German Commercial Code (HGB) and with legal entities under public law, the place of jurisdiction for all disputes arising from the contract, including bills of exchange and cheque claims, shall be the registered office of HostingTime. HostingTime retains the right to bring legal action at the customer's location. In cross-border delivery transactions, German law shall apply.
You may revoke your contractual declaration within 14 days without giving any reason by means of a written statement (e.g., letter, fax, email) or, if the item is delivered to you before the withdrawal period expires, also by returning the item. The withdrawal period begins upon receipt of this instruction in written form, but not before the goods have been received by the recipient (in the case of recurring deliveries of similar goods, not before receipt of the first partial delivery), nor before conclusion of the contract in the case of services, and not before the fulfillment of our information obligations pursuant to Article 246 § 2 in conjunction with § 1 paragraphs 1 and 2 of the Introductory Act to the Civil Code (EGBGB) as well as our obligations under § 312g paragraph 1 sentence 1 of the German Civil Code (BGB) in conjunction with Article 246 § 3 EGBGB. To meet the withdrawal deadline, timely dispatch of the withdrawal notice or the item is sufficient. The withdrawal should be addressed to: HostingTime UG (haftungsbeschränkt) Stuttgarter Straße 10 70469 Stuttgart / Germany e-Mail: support@hostingtime.de FAX: 07056 77 212 12 Amtsgericht Stuttgart: HRB 751885
1.) In the event of a valid withdrawal, both parties must return the received benefits and, if applicable, surrender any gains (e.g., interest). If you are unable to return the received service or gains (e.g., usage benefits) either fully or partially, or only in a deteriorated condition, you may be required to compensate us accordingly. Compensation for deterioration of the item and for gains is only required to the extent that the deterioration or gains resulted from handling the item beyond what is necessary to examine its properties and functionality. Examining the properties and functionality means testing and trying out the item as would be possible and customary in a retail store. Items suitable for parcel shipment must be returned at our risk. You bear the regular costs of return shipping if the delivered goods correspond to the order and the price of the item to be returned does not exceed €40, or if you have not yet paid the counter-performance or a contractual partial payment at the time of withdrawal for an item of higher value. Otherwise, the return shipment is free of charge for you. Items not suitable for parcel shipment will be collected from you. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your withdrawal notice or the item and for us upon receipt thereof. 2.) In the case of service provision, withdrawal may result in your obligation to fulfill contractual payment obligations for the period up to the withdrawal. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your withdrawal notice or the item, and for us upon receipt thereof.
1.) In the case of service provision, your right of withdrawal expires prematurely if the contract is fully performed by both parties at your explicit request before you have exercised your right of withdrawal. According to § 312d (4) no. 1 BGB, the right of withdrawal is excluded upon software activation at your request as well as upon transmission of the necessary data to us. 2.) The European Online Dispute Resolution platform (ODR platform) will be accessible via the portal (Your Europe) ([http://europa.eu/youreurope/citizens/index\_en.htm](http://europa.eu/youreurope/citizens/index_en.htm)) once provided by the European Commission.