Scope
Provider's Services
Service Modifications
Conclusion of Contract
Right of Withdrawal
Customer Obligations
Remuneration and Payment Terms
Contract Duration and Termination
Liability
Amendment of the GTC
Applicable Law, Jurisdiction
Alternative Dispute Resolution
1. Scope
1.1 These General Terms and Conditions (hereinafter "GTC") of Florian Kolb, trading as "Vxcores" (hereinafter "Provider"), 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 rejected, unless otherwise agreed.

1.2 A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that are predominantly neither their commercial nor their self-employed professional activity.

1.3 An entrepreneur within the meaning of these GTC is a natural or legal person or a legally capable partnership that, when concluding a legal transaction, acts in the exercise of its commercial or self-employed professional activity.

2. Provider's Services
2.1 The Provider provides services for making content available via the Internet. To this end, the Provider makes system resources available to the Customer on a virtual server. The Customer can store content on this server up to a certain volume. The exact scope results from the Provider's service description.

2.2 The content is kept available on the server under an Internet domain assigned to the Customer for retrieval via the Internet. The Provider's services in the transmission of data are limited solely to the data communication between the handover point of the Provider's own data communication network to the Internet operated by the Provider and the server provided for the Customer. The Provider has no influence on data traffic outside its own communication network. Successful forwarding of information from or to the computer querying the content is therefore not owed in this respect.

2.3 The Provider's online service is offered subject to availability. 100 percent availability cannot be technically realized and therefore cannot be guaranteed to the Customer by the Provider. However, the Provider endeavors to keep the service as constantly available as possible. In particular, maintenance, security or capacity issues as well as events that are beyond the Provider's control (disruptions to public communication networks, power outages, etc.) can lead to disruptions or temporary shutdown of the service.

2.4 The Provider provides the aforementioned services with an overall availability of 99.2% on a monthly average.

Availability is calculated on the basis of the time falling within the contract period for the respective calendar month, minus maintenance times. The Provider will carry out maintenance work during periods of low usage, wherever possible.

2.5 Unless otherwise agreed, the Provider does not create backup copies of the Customer's content. The Customer is responsible for creating and maintaining sufficient backup copies of their content stored with the Provider and not storing them exclusively on the Provider's servers.

2.6 The Provider is entitled to adapt the hardware and software used to provide the services to the current 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 the Provider's services, the Provider will notify the Customer of these additional requirements in good time. In this case, the Customer must inform the Provider by no later than four weeks before the conversion date whether it will adapt its content to the additional requirements in good time - i.e., by no later than three working days before the conversion date. If the Customer refuses to adapt its content or does not declare its intention to the Provider within the aforementioned period, the Provider may terminate the contractual relationship with effect from the conversion date.

3. Service Modifications
3.1 The Provider reserves the right to change the offered services or offer different services, unless this is unreasonable for the Customer.

3.2 The Provider furthermore reserves the right to change the offered services or offer different services,

insofar as it is obliged to do so due to a change in the legal situation;
insofar as it 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 only beneficial for the Customer; or
if the change is purely technical or procedural in nature without significant impact on the Customer.
3.3 Changes with only insignificant influence on the Provider's services do not constitute service changes within the meaning of this clause. This applies in particular to changes of a purely graphic nature and the mere change in the arrangement of functions.

4. Conclusion of Contract
4.1 The services described on the Provider's website do not constitute binding offers by the Provider, but serve to submit a binding offer by the Customer.

4.2 The Customer can submit the offer via the online order form provided on the Provider's website. After entering their personal data, the Customer submits a legally binding contractual offer regarding the selected services by clicking the button that concludes the ordering process.

4.3 The Provider can accept the Customer's offer within five days,

by sending the Customer a written order confirmation or an order confirmation in text form (fax or email), whereby the receipt of the order confirmation by the Customer is decisive, or
by requesting the Customer to pay after the Customer has placed their order.
If several of the aforementioned alternatives exist, the contract is concluded at the time when one of the aforementioned alternatives first occurs. The period for acceptance of the offer begins on the day after the Customer sends the offer and ends at the end of the fifth day following the dispatch of the offer. If the Provider does not accept the Customer's offer within the aforementioned period, this shall be deemed a rejection of the offer with the consequence that the Customer is no longer bound by their declaration of intent.

4.4 When selecting a payment method offered by PayPal, payment processing is carried out via the payment service provider PayPal (Europe) S.à r.l. et Cie, S.C.A., 22-24 Boulevard Royal, L-2449 Luxembourg (hereinafter "PayPal"), subject to the PayPal terms of use, available at https://www.paypal.com/de/webapps/mpp/ua/useragreement-full or - if the Customer does not have a PayPal account - subject to the terms for payments without a PayPal account, available at https://www.paypal.com/de/webapps/mpp/ua/privacywax-full. If the Customer pays by means of a payment method offered by PayPal that can be selected in the online ordering process, the Provider hereby declares acceptance of the Customer's offer at the moment the Customer clicks the button completing the ordering process.

4.5 When submitting an offer via the Provider's online order form, the contract text is stored by the Provider after the conclusion of the contract and sent to the Customer after their order has been sent in text form (e.g., email, fax or letter). The Provider does not make the contract text accessible beyond that. If the Customer has set up a user account for the Provider's website before sending their order, the order data will be archived on the Provider's website and can be accessed free of charge by the Customer via their password-protected user account by providing the appropriate login data.

4.6 Before bindingly placing the order via the Provider's online order form, the Customer can recognize possible entry errors by carefully reading the information displayed on the screen. An effective technical means for better detection of input errors can be the browser's zoom function, which enlarges the display on the screen. The Customer can correct their entries during the electronic ordering process using the usual keyboard and mouse functions until they click the button that concludes the ordering process.

4.7 Only the German language is available for the conclusion of the contract.

4.8 Order processing and contact are usually carried out by 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 the Provider can be received at this address. In particular, when using SPAM filters, the Customer must ensure that all emails sent by the Provider or by third parties commissioned by the Provider with order processing can be delivered.

5. Right of Withdrawal
Consumers generally have a right of withdrawal. Further information on the right of withdrawal can be found in the Provider's cancellation policy.

6. Customer Obligations
6.1 The content stored by the Customer on the storage space designated for them may be protected by copyright and data protection laws. The Customer grants the Provider the right to make the content stored by them on the server accessible upon queries via the Internet, in particular to reproduce and transmit it for this purpose, and to reproduce it for the purpose of data backup. The Customer is responsible for checking whether their use of personal data complies with data protection requirements.

6.2 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 or the like installed by them do not endanger the operation of the server or the Provider's communication network or the security and integrity of other data stored on the Provider's servers.

6.3 The Customer indemnifies the Provider from all claims that third parties assert against the Provider due to an infringement of their rights resulting from content stored on the server by the Customer. The Customer hereby assumes the costs of the necessary legal defense, including all court and attorney fees in reasonable amount. This does not apply if the Customer is not responsible for the legal infringement. In the event of a claim by a third party, the Customer is obliged to provide the Provider immediately, truthfully and completely with all information that is necessary for examining the claims and for a defense.

6.4 In the event of an imminent or actual violation of the above obligations, as well as when third parties assert not obviously unfounded claims against the Provider due to the content stored on the server, the Provider is entitled, taking into account the legitimate interests of the Customer, to temporarily stop the connection of this content to the Internet in whole or in part with immediate effect. The Provider will inform the Customer of this measure immediately.

6.5 If programs, scripts or the like installed by the Customer endanger or impair the operation of the server or the Provider's communication network or the security and integrity of other data stored on the Provider's servers, the Provider may deactivate or uninstall these programs, scripts, etc. If the removal of the endangerment or impairment requires this, the Provider is also entitled to interrupt the connection of the content stored on the server to the Internet. The Provider will inform the Customer of this measure immediately.

6.6 The Customer receives a user identification and a changeable password for access to the storage space designated for them. The Customer is obliged to change the password at regular intervals. The Customer may only pass on the password to persons authorized by them to access the storage space.

7. Remuneration and Payment Terms
7.1 Unless otherwise stated in the Provider's service description, the indicated prices are total prices that include the statutory value added tax.

7.2 The payment options and payment modalities are communicated to the Customer on the Provider's website.

7.3 When selecting the "SOFORT" payment method, payment processing is carried out via the payment service provider SOFORT GmbH, Theresienhöhe 12, 80339 Munich (hereinafter "SOFORT"). In order to pay the invoice amount via "SOFORT", the Customer must have an online banking account activated for participation in "SOFORT", legitimize themselves accordingly during the payment process, and confirm the payment instruction to "SOFORT". The payment transaction is then carried out immediately by "SOFORT" and the Customer's bank account is debited. Further information about the "SOFORT" payment method can be found by the Customer on the Internet at https://www.klarna.com/sofort/.

8. Contract Duration and Termination
8.1 The contract is concluded for an indefinite period, but at least for the duration of one year (minimum term). During the minimum term, the contract can be terminated with a notice period of three months to the end of the minimum term. If the contract is not terminated in due time, it is extended by a further year and can then be terminated again with a notice period of three months to the end of the respective contract term.

8.2 The right to terminate for cause without notice remains unaffected. Cause for termination exists if the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination or until the expiry of a notice period, taking into account all circumstances of the individual case and weighing the interests of both parties.

8.3 Terminations must be made in writing or text form (e.g., by email).

8.4 After termination of the contractual relationship, the Provider makes the content stored by the Customer on the storage space designated for them available to the Customer on a data carrier. Any retention rights of the Provider remain unaffected.

9. Liability
9.1 The Provider is liable for all contractual, quasi-contractual and statutory, including tortious, claims for damages and reimbursement of expenses as follows:

9.1.1 The Provider is fully liable on any legal grounds

in cases of intent or gross negligence,
in cases of intentional or negligent injury to life, body or health,
based on a guarantee promise, unless otherwise agreed in this regard,
due to mandatory liability, such as under the Product Liability Act.
9.1.2 If the Provider negligently breaches an essential contractual obligation, liability is limited to the contract-typical, foreseeable damage, unless unlimited liability applies according to the preceding clause. Essential contractual obligations are obligations that the contract imposes on the Provider according to its content to achieve the purpose of the contract, the fulfillment of which enables the proper execution of the contract in the first place and on compliance with which the Customer may regularly rely.

9.1.3 Otherwise, any liability of the Provider is excluded.

9.1.4 The above liability provisions also apply with regard to the Provider's liability for its vicarious agents and legal representatives.

10. Amendment of the GTC
10.1 If the Customer acts as an entrepreneur, the Provider reserves the right to amend these GTC at any time without giving reasons, unless this is unreasonable for the Customer. The Provider will notify the Customer of changes to the GTC in good time in text form. If the Customer does not object to the validity of the new GTC within a period of four weeks after notification, the amended GTC shall be deemed accepted by the Customer. The Provider will inform the Customer in the notification of their right to object and the meaning of the objection period. If the Customer objects to the changes within the aforementioned period, the contractual relationship will continue under the original conditions.

10.2 The Provider furthermore reserves the right to amend these GTC,

insofar as it is obliged to do so due to a change in the legal situation;
insofar as it thereby complies with a court judgment or administrative decision directed against it;
insofar as it introduces additional, completely new services, offers or service elements that require a service description in the GTC, unless the existing contractual relationship is thereby adversely changed;
if the change is only beneficial for the Customer; or
if the change is purely technical or procedural in nature, unless it has a significant impact on the Customer.
10.3 The Customer's right of termination remains unaffected.

11. Applicable Law, Jurisdiction
The law of the Federal Republic of Germany applies to all legal relationships between the parties. For consumers, this choice of law applies only insofar as the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence is not withdrawn.

12. Alternative Dispute Resolution
12.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

12.2 The Provider is not obliged to participate in a dispute resolution procedure before a consumer arbitration board but is willing to do so.