Terms and Conditions

These Terms and Conditions (hereinafter “T&C”) govern the contractual relationship between WPress Group LTD, trading under the brand servflix.com (hereinafter “Provider”, “we”), and its customers (hereinafter “Customer”) regarding services in the areas of web hosting, domain registration and business email. The offer is aimed both at consumers within the meaning of Section 13 of the German Civil Code (BGB) and at entrepreneurs within the meaning of Section 14 BGB. A consumer is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or self-employed profession. An entrepreneur is a natural or legal person or a partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or self-employed profession. Where individual provisions apply only to consumers or only to entrepreneurs, this is expressly indicated.

Section 1 Scope and Provider

(1) These T&C apply to all contracts for the services provided by the Provider (web hosting, domain registration and management, business email and related additional services).

(2) The Provider is:

WPress Group LTD (brand: servflix.com)
Piccadilly Business Centre, Aldow Enterprise Park
Manchester, M12 6AE, United Kingdom
Company number: 16682136 (Registered in England and Wales)
Email: support@servflix.com

(3) The following applies to entrepreneurs: deviating, conflicting or supplementary general terms and conditions of the Customer are hereby rejected. They only become part of the contract if the Provider has expressly agreed to their validity in writing.

Section 2 Subject Matter of the Contract and Description of Services

(1) The specific scope of services is set out in the respective service or plan description on the Provider's website at the time of the order and in these T&C.

(2) The Provider performs its services in accordance with the current state of the art. For consumers, the statutory warranty rights for digital services apply (Sections 327 et seq. BGB). For entrepreneurs, no particular quality or fitness for a particular purpose is owed unless expressly warranted in the contract.

(3) The Provider is entitled to have services performed in whole or in part by carefully selected subcontractors (e.g. data centers, registrars, registries).

Section 3 Conclusion of Contract

(1) The presentation of plans and services on the website does not constitute a legally binding offer, but an invitation to submit an offer.

(2) The Customer selects the desired services and adds them to the cart. At checkout, the Customer enters their data and selects a payment method. Before submitting, all details and the total price are displayed in an overview; until then, the Customer can correct input errors at any time by changing the details in the input fields or removing items from the cart. By clicking the “Order with obligation to pay” button, the Customer submits a binding offer to conclude a contract. Receipt of the order is confirmed by email. The contract is concluded upon acceptance by the Provider, at the latest upon provision of the service or an order confirmation by email.

(3) For domain registration, conclusion of the contract is subject to the availability of the requested domain and its registration by the responsible registration authority (registry).

(4) The contract language is German. The contract text is stored by the Provider. The Customer receives the order data and these T&C with the order confirmation by email and can also view them at any time in their customer account.

Section 4 Web Hosting

(1) The Provider makes storage, computing power and the infrastructure required for operation available to the Customer to the agreed extent (managed WordPress hosting or shop hosting).

(2) The resources specified in the respective plan (e.g. storage, number of websites, email mailboxes) are upper limits. In the event of significant overuse or use that impairs the rest of the infrastructure, the Provider may reasonably throttle the service or ask the Customer to book a higher plan.

(3) The Customer is responsible for the content, applications, themes and plugins operated on the hosting. The Provider does not owe any content-related support for the website unless expressly agreed.

Section 5 Domain Registration and Management

(1) In the registration, transfer and management of domains, the Provider acts as an intermediary between the Customer and the respective responsible registration authority (registry) or registrar. The Provider has no influence on the allocation of the domain and gives no guarantee that a requested domain will be allocated or is free from third-party rights.

(2) The respective registration and allocation conditions of the responsible registration authority (e.g. DENIC for .de) apply additionally. By placing the order, the Customer acknowledges these conditions as binding.

(3) The Customer warrants that the registration and use of the domain does not infringe any third-party rights (in particular trademark, name or competition rights). The Customer indemnifies the Provider against all third-party claims resulting from unlawful registration or use of the domain.

(4) A domain transfer to another provider is possible in accordance with the conditions of the respective registry. The Provider provides the necessary information for this (e.g. auth code), provided there are no outstanding claims.

Section 6 Business Email Addresses

(1) The Provider makes email mailboxes and addresses available to the Customer to the agreed extent under a domain managed by the Customer.

(2) The Customer undertakes not to use the email services for sending unsolicited bulk emails (spam) or unlawful, harassing or fraudulent messages. In the event of violations, the Provider is entitled to temporarily block the affected mailboxes.

(3) The Provider takes appropriate technical measures (e.g. spam and virus filters). Complete protection against unwanted or harmful messages cannot be guaranteed.

Section 7 Obligations and Permitted Use

(1) The Customer is obliged to provide the cooperation required for the provision of services, in particular to provide complete and correct information, to keep access credentials secret and to keep contact details up to date.

(2) The Customer ensures that the content they store, publish or transmit does not violate applicable law or third-party rights. In particular, unlawful content, content harmful to minors, copyright-infringing or criminal content is prohibited, as is the operation of services that endanger the security or stability of the infrastructure (e.g. malware, open mail relays, abusive scripts).

(3) The Customer shares responsibility for regularly updating the applications they use (e.g. third-party themes and plugins), unless these are expressly covered by the managed service.

(4) The Customer indemnifies the Provider against all third-party claims based on unlawful use of the services by the Customer, including reasonable costs of legal defense, insofar as the Customer is responsible for the infringement.

Section 8 Availability, Maintenance and Support

(1) The Provider strives for high availability of the services. A specific availability is only owed if expressly agreed. Excluded from availability are times when the services cannot be reached due to circumstances beyond the Provider's control (e.g. force majeure, disruptions at upstream suppliers).

(2) The Provider is entitled to carry out necessary maintenance, security and optimization work. Scheduled maintenance is carried out during low-usage periods wherever possible.

(3) Support is provided to the extent of the respective plan via the specified channels (in particular email and control panel).

Section 9 Data Backup (Backups)

(1) Within the scope of the agreed plan, the Provider creates regular backups. These serve for restoration in the event of a malfunction and do not replace the Customer's own data backup.

(2) The Customer remains responsible for independently making additional backups of their data at reasonable intervals, insofar as this is necessary to prevent data loss.

Section 10 Prices, Billing and Payment

(1) The prices stated on the website at the time of the order apply. All prices are final prices and include statutory VAT. For consumers resident in the European Union, VAT is determined by the country of the billing address and shown separately on the invoice (e.g. Germany 19%, Austria 20%). For entrepreneurs with a valid VAT identification number in another EU member state, the service may be invoiced under the reverse-charge procedure (tax liability of the recipient of the service), provided the statutory requirements are met.

(2) Depending on the plan booked, hosting and email services are billed monthly in advance (monthly plans) or as an annual subscription with a billing period of twelve (12) months in advance (annual plans). Domains are charged in advance for the respective registration period (usually annually), depending on the extension.

(3) Payment is made via the payment service provider Stripe, in particular by credit/debit card or SEPA direct debit. For SEPA direct debit, the Customer grants a corresponding mandate to collect the amounts due.

(4) If the Customer is in default of payment, the Provider is entitled to charge the statutory default interest and to suspend the services after prior notice with a reasonable deadline.

Section 11 Term, Renewal and Cancellation

(1) The contract term corresponds to the billing period of the plan booked: one (1) month for monthly plans and twelve (12) months for annual plans, in each case from provision of the service.

(2) Monthly plans renew for a further month each time and can be canceled at any time effective at the end of the current billing month. Annual plans can be canceled for the first time effective at the end of the twelve-month term. For entrepreneurs, annual plans renew for a further twelve months each time unless canceled with 30 days' notice before the end of the respective term. For consumers, an annual plan renews for an indefinite period after the end of the initial term and can then be canceled at any time with one month's notice; fees paid in advance for the period after the end of the contract will be refunded pro rata.

(3) Cancellation is possible in text form (e.g. by email to support@servflix.com) or via the customer account. Consumers can also cancel via the cancellation button “Cancel contracts here” on the website. For domains, cancellation is additionally subject to the deadlines and conditions of the respective registration authority.

(4) The right of both parties to extraordinary termination for good cause remains unaffected.

Section 12 Suspension and Extraordinary Termination

(1) The Provider is entitled to block access to the services in whole or in part if there is reasonable suspicion that the Customer is violating material contractual obligations or applicable law, or if the Customer's services pose a threat to the security or stability of the infrastructure or to third parties.

(2) In the event of serious or repeated violations, the Provider may terminate the contract extraordinarily without notice. For entrepreneurs, fees already paid in advance will not be refunded in this case insofar as the Customer is responsible for the termination; for consumers, the statutory provisions remain unaffected.

Section 13 Liability

(1) The Provider is liable without limitation for damages resulting from injury to life, body or health based on a negligent or intentional breach of duty, as well as for damages based on intent or gross negligence.

(2) In the event of a slightly negligent breach of a material contractual obligation (cardinal obligation), liability is limited to the foreseeable damage typical for the contract. Material contractual obligations are those whose fulfillment makes the proper performance of the contract possible in the first place and on whose compliance the Customer may regularly rely.

(3) Otherwise, liability for slight negligence is excluded. Liability under the German Product Liability Act (Produkthaftungsgesetz) and under guarantees assumed remains unaffected.

(4) Towards entrepreneurs, the Provider is liable for the loss of data only to the extent that the damage would also have occurred if the Customer had performed proper, regular data backups.

Section 14 Data Protection and Data Processing on Behalf

(1) The Provider processes personal data in accordance with the applicable data protection laws. Details can be found in the Provider's Privacy Policy.

(2) Insofar as the Provider processes personal data on behalf of the Customer, the parties conclude a Data Processing Agreement (DPA) pursuant to Art. 28 GDPR. This will be provided to the Customer on request or in the control panel.

Section 15 Changes to these T&C

(1) The Provider reserves the right to amend these T&C with effect for the future insofar as this is necessary for a valid reason (e.g. changes in the legal situation, case law or technical or economic conditions) and the Customer is not unreasonably disadvantaged as a result.

(2) Changes will be communicated to the Customer in text form no later than six weeks before they take effect. For entrepreneurs, the amended T&C are deemed accepted if the Customer does not object within 30 days of receipt of the notification; the Provider will point out the significance of silence separately. For consumers, changes only take effect with the Customer's express consent; if the Customer does not consent, both parties may terminate the contract as of the date on which the change takes effect.

Section 16 Final Provisions

(1) The law of England and Wales (United Kingdom) applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). For consumers, this choice of law applies only insofar as it does not deprive them of the protection granted by mandatory provisions of the law of the country in which the consumer has their habitual residence.

(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 for all disputes arising from or in connection with this contract is the Provider's registered office (Manchester, England). For consumers, the statutory places of jurisdiction apply.

(3) The Provider is neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration board.

(4) Should individual provisions of these T&C be or become invalid in whole or in part, the validity of the remaining provisions remains unaffected.

Section 17 Right of Withdrawal for Consumers

(1) Consumers have a statutory right of withdrawal. Details can be found in the withdrawal policy.

(2) If the consumer expressly requests that the Provider begin performing the service before the withdrawal period has expired, the consumer owes compensation for the value of the services provided up to that point in the event of withdrawal. Entrepreneurs have no statutory right of withdrawal.