Only the German version is legally binding.
§ 1 Scope, provider
(1) These general terms and conditions (“terms”) apply to all contracts for renting PESTBOUND game servers (“server”) through this website between Patrick Hackl, HACKLWORKS, Vogelkammweg 3, 94518 Spiegelau, Deutschland (“provider”) and the customer. Customers may be consumers (Section 13 BGB) or businesses (Section 14 BGB); provisions that apply to only one of these groups are marked.
(2) The operation of the server is also subject to the End User Licence Agreement (EULA), in particular § 12 (duties of server operators), and the Community guidelines; the user account to the Terms of Service.
(3) The customer's own terms do not apply, even if the provider does not expressly object to them.
§ 2 Conclusion of contract, contract text, language
(1) The plans shown are not a binding offer. The customer chooses plan, region and server name, can check and correct the entries on the order page and makes a binding offer by clicking “Order with obligation to pay” and completing payment at Stripe.
(2) The contract is concluded when the payment is confirmed (confirmation page or e-mail from Stripe). The provider stores the contract text; the customer can view these terms on this page at any time and the invoices in the customer portal.
(3) An account (sign-in with e-mail and password, Steam or PESTBOUND ID) with a linked PESTBOUND ID is required. The customer must be of age or act with the consent of their parents or guardians.
(4) The contract language is German; the English version is for information.
§ 3 Services
(1) The provider provides a game server for the game PESTBOUND with the number of slots of the chosen plan in the chosen region (20 Slots: €21.99 per month, VAT included), including web management, RCon console, daily restart and backups.
(2) The provider aims for 99 % availability as a monthly average, excluding announced maintenance, restarts at the times chosen by the customer, game updates and disruptions outside the provider's control (e.g. data centre, networks, DDoS attacks, force majeure). A specific availability is only owed if expressly guaranteed.
(3) Backups are made with reasonable care; the customer can request additional backups. There is no warranty that every save can be restored.
(4) The server software is updated with the game; the server always runs the current version. There is no claim to a specific game version, content or mods. Wipes and changes to the game are governed by the EULA.
(5) The provider may move servers to other hardware within the same region for maintenance, load balancing or a change of data centre provider; the address may change. It may change the technical equipment as long as the agreed service is not impaired more than insignificantly.
§ 4 Prices, payment, term, termination
(1) All prices are final prices including statutory VAT. Billing is monthly in advance via Stripe Payments Europe, Ltd.
(2) The contract runs for an indefinite period and renews by one month at a time. The customer can terminate it at any time to the end of the current billing period – with the cancellation button under “Account › Billing › Customer portal” (Section 312k BGB) or in text form.
(3) The provider can terminate the contract with one month's notice to the end of a billing period. The right of both parties to terminate for good cause remains unaffected.
(4) If a payment fails, the server keeps running during the automatic payment retries. If payment is still outstanding 7 days after it was due, the server is stopped; after a further 14 days it is deleted. A backup is made before deletion and kept for 30 days.
(5) The plan can be changed in the customer portal and is charged pro rata. Price changes for ongoing contracts require the customer's express consent.
(6) The customer may only set off claims that are undisputed, legally established or acknowledged, or claims arising from the same contractual relationship.
§ 5 Customer obligations
(1) The customer is the operator of their server within the meaning of § 12 of the EULA. They are responsible for the content on their server (server name, description, rules, banner, links), for settings, moderation and bans and comply with applicable law.
(2) The customer must not use the server for attacks, spam, malware, unlawful content or purposes other than running the game, and must not sublet it to third parties without the provider's consent.
(3) If the customer processes players' personal data through the management functions (e.g. admin, whitelist and ban lists with reasons, reports, notifications they set up), they are responsible for this themselves and comply with data protection law.
(4) Credentials, recovery codes and the private key of the PESTBOUND ID must be kept secret; the customer informs the provider without delay if there are indications of misuse.
(5) The customer indemnifies the provider against third-party claims based on a breach of these obligations for which the customer is responsible, including reasonable costs of legal defence.
§ 6 Suspension, measures, appeals
(1) The provider may temporarily suspend a server or remove it from the server list if the customer seriously breaches these terms, the EULA or applicable law, does not remove unlawful content despite notice, or the server poses a threat to the infrastructure or third parties (e.g. attacks). The measure must be proportionate; the provider takes the customer's legitimate interests into account.
(2) The provider informs the customer of the measure with a statement of reasons (Art. 17 DSA) unless an authority requires otherwise. The customer can appeal within six months by e-mail to info [at] hacklworks [dot] de; a human reviews the appeal. If the measure is unjustified, the provider lifts it without undue delay.
(3) In the event of serious breaches or breaches continued despite a warning, the provider may terminate the contract for good cause (Section 314 BGB). The customer remains obliged to pay for the duration of a justified suspension.
§ 7 Liability
(1) The provider is liable without limitation for intent and gross negligence, for injury to life, body or health, for fraudulently concealed defects, under a guarantee given and under the Product Liability Act.
(2) In the case of slight negligence the provider is only liable for breach of essential contractual obligations – obligations whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely – limited to the typical foreseeable damage. Otherwise liability for slight negligence is excluded.
(3) For the loss of saves the provider is only liable for the effort that would have been necessary for restoration with proper use of the backups offered.
(4) Strict liability for defects existing at the conclusion of the contract (Section 536a(1) first alternative BGB) is excluded. The customer's statutory rights to reduce the rent and to terminate remain unaffected.
(5) These limitations also apply to the personal liability of the provider's representatives, employees and vicarious agents.
§ 8 Right of withdrawal for consumers
Consumers have a right of withdrawal as set out in the withdrawal policy. If the customer expressly requests that provision begins before the withdrawal period ends, they owe a reasonable amount for the services provided until the withdrawal (Section 357a(2) BGB). The right of withdrawal expires when the contract has been fully performed and the customer has previously given their consent and acknowledgement under Section 356(4) BGB.
§ 9 Data protection
How the provider processes personal data is explained in the account and rental privacy notice and the Privacy Policy.
§ 10 Changes to these terms
(1) The provider may change these terms with effect for the future if there is an objective reason (e.g. changes in the law, new features, preventing abuse) and the balance between performance and consideration is not changed to the customer's disadvantage. Price changes are only made with express consent (§ 4(5)).
(2) Changes are communicated to the customer in text form at least six weeks before they take effect. The customer may object until they take effect or terminate the contract free of charge as of that date. If the customer does not object, the changes are deemed accepted; the provider points out this consequence and the rights to object and terminate separately in the notice. If the customer objects, the contract continues on the previous terms; the right to terminate under § 4(3) remains unaffected.
§ 11 Final provisions
(1) German law applies, excluding the UN Convention on Contracts for the International Sale of Goods; mandatory consumer protection provisions of the country in which a consumer is habitually resident remain unaffected (Art. 6(2) Rome I Regulation).
(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is the provider's registered place of business.
(3) The provider may transfer the contract as a whole to a company that continues the server rental; it will announce this at least six weeks in advance, and the customer may terminate the contract until the transfer takes effect.
(4) If individual provisions are invalid, the rest of the contract remains valid; the statutory provisions take the place of the invalid provision (Section 306(2) BGB).
(5) The provider is neither willing nor obliged to take part in dispute resolution proceedings before a consumer arbitration board.