Terms and Conditions

(1) These General Terms and Conditions (hereinafter "GTC") apply to all business relationships between HablexHost (hereinafter "Provider") and the customer (hereinafter "Customer"), unless expressly agreed otherwise.

(2) The version of these GTC valid at the time of contract conclusion is decisive. Deviating conditions of the customer will not be recognized unless the provider expressly agrees to their validity in writing.

(3) A consumer within the meaning of these GTC is any natural person who enters into a legal transaction for purposes that predominantly cannot be attributed to either their commercial or independent professional activity (§ 13 BGB).

(4) An entrepreneur within the meaning of these GTC is a natural or legal person or a partnership with legal capacity who acts in the exercise of their commercial or independent professional activity when concluding a legal transaction (§ 14 BGB).

(1) The presentation of products and services on our website does not constitute a legally binding offer, but rather an invitation to submit an offer (invitatio ad offerendum).

(2) The customer submits a binding offer to conclude a contract by sending an order. The receipt of the order will be confirmed to the customer immediately by email. This confirmation of receipt does not yet constitute acceptance of the offer.

(3) The contract is only concluded when the provider accepts the customer's offer through an explicit declaration of acceptance (order confirmation) or by providing the service.

(4) For orders placed over the internet, acceptance occurs at the latest through the activation of the ordered service or by sending the access data.

(5) The contract text will be stored by the provider. The customer can print the contract text before placing the order using the browser's print function or save it electronically. After submitting the order, the customer will receive the contract data via email.

(1) The provider offers hosting services, including but not limited to:

• Web hosting and web space
• Virtual Private Servers (VPS)
• Cloud servers and dedicated servers
• Domain registration and management
• Email hosting
• SSL Certificates
• Streaming services (radio/podcast)
• Game servers and voice servers
• AI assistants and chatbots
• Reseller hosting packages

(2) The exact scope of services is determined by the respective product description at the time of the order. The provider reserves the right to expand the scope of services or adjust it for technical necessity, provided this is reasonable for the customer.

(3) The provider aims for an availability of its services of 99.9% on an annual average (Service Level Agreement). Excluded from this are times for planned maintenance, which are usually announced in advance, as well as disruptions due to force majeure.

(4) The provider is entitled to have services provided by third parties (subcontractors).

(5) Support is provided via email and ticket system during the specified business hours. Phone support may be offered for certain plans or for an additional fee.

(1) All prices stated are in euros (€), unless otherwise specified. According to § 19 UStG, no sales tax is charged.

(2) The payment is to be made in advance unless otherwise agreed. For recurring services (e.g., hosting packages), the payment is due at the beginning of the billing period.

(3) The following payment methods are accepted:

• Credit card (Visa, Mastercard)
• PayPal
• SEPA direct debit
• SEPA transfer

(4) In case of payment delay, the provider is entitled to demand default interest at the statutory rate. For each reminder after the occurrence of default, the provider may charge a reminder fee of €5.00.

(5) In case of payment delay of more than 14 days, the provider is entitled to temporarily suspend the service until the outstanding amounts are settled.

(6) Invoices are sent to the customer electronically via email and are accessible in the customer area.

(1) The contract duration is determined by the respective service package and the billing period chosen by the customer (monthly, quarterly, semi-annually, annually).

(2) The contract is automatically extended for the original contract duration unless it is terminated with a notice period of at least 14 days before the end of the respective term.

(3) The termination must be in text form and can be done via the customer panel, by email, or by post.

(4) The right to extraordinary termination for good cause remains unaffected. A good cause exists for the provider in particular if:

• The customer is in default of payment for more than 30 days despite reminders.
• The customer culpably violates essential contractual obligations.
• The customer uses the services for unlawful purposes.
• The customer improperly claims server resources.

(5) Upon termination of the contract, the customer's data will be deleted after a period of 14 days, unless legal retention obligations prevent this. The customer is responsible for the timely backup of their data.

(1) The customer agrees to provide truthful and complete information during registration and to update this information promptly in case of changes.

(2) The customer is obliged to keep their access data (username, password) confidential and to protect it from access by unauthorized third parties. In case of suspicion of misuse, the provider must be informed immediately.

(3) The customer bears sole responsibility for all content stored, processed, or distributed through their account. The customer indemnifies the provider from all claims by third parties arising from unlawful use of the services.

(4) The following uses are prohibited:

• Distribution of illegal, offensive, or pornographic content
• Sending spam or unwanted bulk emails
• Conducting DDoS attacks or other attacks on IT systems
• Hosting phishing sites or malware
• Violation of copyright or trademark rights
• Use for hacking, cracking, or other illegal activities
• Excessive resource usage that affects other customers

(5) The customer is responsible for regular data backups. The provider may offer additional backup services, but these do not replace the customer's own responsibility.

(1) The provider is fully liable for damages arising from injury to life, body, or health that are based on intentional or negligent breach of duty.

(2) For other damages, the provider is only liable in cases of intentional or grossly negligent behavior as well as in cases of culpable violation of essential contractual obligations (cardinal obligations). In cases of simple negligence, liability is limited to the typical, foreseeable damage under the contract.

(3) The provider is not liable for damages caused by actions of third parties, force majeure, technical disruptions beyond its control, or by unlawful use of the services by the customer.

(4) The provider is not liable for data loss, as far as the damage is based on the customer's failure to carry out reasonable data backups.

(5) The above liability limitations also apply in favor of the provider's vicarious agents.

(1) The provider collects, processes, and uses personal data only to the extent necessary for the establishment, content design, or modification of the contractual relationship (inventory data).

(2) The details of data processing are regulated in our privacy policy, which is available at https://hablexhost.es/public/datenschutz.php .

(3) When using hosting services, the provider acts as a processor according to Art. 28 GDPR. A corresponding data processing agreement (DPA) will be provided to the customer upon request.

(4) The customer is responsible for complying with data protection regulations regarding the data they store and process.

(1) The provider reserves the right to change these Terms and Conditions with effect for the future. The customer will be informed of changes at least six weeks before the planned effective date by email.

(2) The changes are considered approved if the customer does not object in writing within six weeks of receiving the notice of change. This consequence will be specifically pointed out in the notice of change.

(3) In the event of the customer's objection to the changes, the contract will remain in effect under the previous terms. However, the provider has the right to terminate the contract at the time of the planned effective date of the change.