Terms of Service

1. Scope

These terms apply to all services of NUTRAVER LLC offered under NUTRAVER, in particular dedicated servers and cloud VPS. Deviating or supplementary terms of the customer do not apply, even if we do not expressly object to them.

The Acceptable Use Policy (AUP), the Service Level Agreement (SLA) and the Privacy Policy form part of these terms.

2. Conclusion of contract

The presentation of services on our website is not a binding offer. By submitting an order you make a binding offer to conclude a contract. The contract is concluded when we confirm the order by email or provision the service, whichever happens first.

We may decline orders without giving reasons, in particular if the information provided is incomplete or implausible.

3. Services

The scope of services results from the product description on our website at the time of the order. Dedicated servers are provided with a dedicated 10 Gbit/s port without traffic quota. Cloud VPS include the traffic allowance stated for the respective plan.

IP addresses are assigned to you for the duration of the contract. They remain under our administration in accordance with the policies of RIPE NCC; there is no claim to specific addresses.

We may change technical details of the services if this is reasonable for you and the agreed performance is not reduced.

4. Consumers

If you are a consumer within the meaning of § 13 of the German Civil Code (BGB), you have a statutory right of withdrawal. [Withdrawal information and model withdrawal form to be completed by legal counsel.]

We begin providing the service before the end of the withdrawal period only at your express request.

5. Your obligations

• Provide accurate and complete information and keep it up to date, in particular contact, company and billing data.
• Keep access credentials secret and protect them against misuse.
• Back up your data regularly. You are solely responsible for backups of data on your servers.
• Comply with applicable law and the Acceptable Use Policy.
• Maintain an abuse contact that can be reached and respond to forwarded complaints within the time set in the AUP.

6. Prices and payment

All prices are in euro and exclude statutory VAT. For business customers in another EU member state with a valid VAT ID, the reverse-charge procedure applies.

Fees are payable in advance for the selected billing term. If you are in default of payment, we will send a reminder; if payment is still not received, we may suspend the service after prior notice until payment is made.

7. Term and termination

The contract runs for the selected billing term of 1, 3, 6 or 12 months and renews automatically for the same term unless it is cancelled before the end of the current term.

You can cancel in the customer panel or in text form to support@nutraver.com. The right of both parties to terminate for good cause remains unaffected.

After the end of the contract we delete all data on the server. Please back up your data in good time.

8. Suspension

We may suspend services in whole or in part if you are in default of payment, seriously breach the AUP, if a legal or official order requires it, or if attacks originate from your service. Where technically possible, we limit the suspension to the affected service or IP address and inform you without delay.

9. Availability and maintenance

Availability and maintenance windows are governed by the Service Level Agreement. We announce scheduled maintenance in advance.

10. Liability

We are liable without limitation for intent and gross negligence, for injury to life, body or health, and under the Product Liability Act.

For slight negligence we are liable only for the breach of essential contractual obligations (cardinal obligations), limited to the foreseeable damage typical for this type of contract.

We are not liable for the loss of data to the extent that the damage would have been avoided by regular backups by the customer.

11. Data protection

We process personal data in accordance with our Privacy Policy. If you process personal data on our servers on behalf of third parties, we will conclude a data processing agreement under Art. 28 GDPR with you on request.

12. Changes to these terms

We may change these terms with at least six weeks' notice by email. The changes are deemed accepted if you do not object before they take effect. We will point out this consequence and your right to object in the notice.

13. Final provisions

The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

If you are a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction is Frankfurt am Main.

Should individual provisions be invalid, the validity of the remaining provisions remains unaffected.