Terms and Conditions

§1 Area of Application

(1) These terms and conditions regulate the contractual relationship between Xmbhosting.com, based in Heinerscheid, Luxembourg (hereinafter “Xmbhosting.com” or “we”), and our customers, unless otherwise agreed in writing. A consumer under these terms is any natural person entering into a legal transaction for purposes predominantly outside their trade, business or profession. An entrepreneur is any natural or legal person, or legally capable partnership, acting in exercise of their trade, business or profession.

(2) The contractual language is English.

§2 Registration/Account

(1) To use our services, the customer must register. By registering, the customer accepts these terms and conditions.

(2) Registration requires an email address, username and password. For certain services, additional personal data (such as address or date of birth) may be required.

(3) The customer guarantees that all data provided is complete and correct.

§3 Services

(1) Xmbhosting.com provides hosting and server services, making content available on the internet. For this purpose, we provide system resources on virtual or dedicated servers.

(2) Data transmission is limited to communication between our network’s transfer point to the internet and the server provided to the customer. We cannot influence traffic outside our own network, nor guarantee successful transmission to or from third-party systems.

(3) Xmbhosting.com guarantees an average annual server uptime of 99.5%. Downtime due to force majeure or external factors beyond our control is excluded.

(4) Xmbhosting.com reserves the right to adjust or replace services if a product can no longer be offered.

(5) Services may be updated or expanded to improve quality, adapt to technical developments, or ensure stability.

§4 Contract Duration and Termination

(1) The minimum term for rented servers is 30 days. The contract ends automatically at the end of this period unless renewed.

(2) If the customer does not renew before expiry, the service will be suspended immediately.

(3) The customer has a 7-day grace period after suspension to make payment.

(4) If no payment is made within the grace period, the service will be permanently deleted, including all data, without recovery.

(5) The right to extraordinary termination for cause remains unaffected.

§5 Payment Terms and Prices

(1) Payment is due upon ordering or renewal. Customers must pay before the start of each new 30-day period to keep services active.

(2) Accepted payment methods: credit card, PayPal, and account balance top-up.

(3) In case of non-payment: - On day 1 after expiry → the server is suspended. - After 7 days grace period → the server and all data are permanently deleted.

(4) Balance top-ups are final and non-refundable. Balance can only be used within Xmbhosting.com for booking or renewing services.

(5) Prices apply as stated at the time of order and include applicable Luxembourg VAT.

§6 Right of Withdrawal for Consumers

(1) Consumers in the European Union have the right to withdraw from the contract within 14 days of its conclusion.

(2) To exercise this right, a clear statement (by email) must be sent to: Xmbhosting.com – info@xmbhosting.com

(3) If you withdraw from the contract, we will refund payments received (except for balance top-ups, which are excluded) within 14 days, using the same payment method used in the original transaction.

(4) If you requested services to begin during the withdrawal period, you must pay for the portion of services already provided. Expiration of the withdrawal right: The withdrawal right expires once Xmbhosting.com has fully provided the service, provided that the customer expressly agreed to this and acknowledged that the withdrawal right is lost upon complete fulfillment.

§7 Customer Obligations

(1) Access data (passwords, logins, etc.) provided by Xmbhosting.com must be kept strictly confidential. Customers are liable for misuse caused by third-party access due to negligence.

(2) Customers must not store or make publicly available unlawful, extremist, obscene, defamatory, violent, or otherwise illegal content. Copyright-infringing, trademark-infringing, or privacy-violating material is prohibited.

(3) Customers are responsible for their own data backups. Xmbhosting.com is not liable for data loss.

(4) In case of violations, Xmbhosting.com may block or delete content and terminate the contract without notice. Data may be provided to authorities upon lawful request.

(5) Use of software that causes disproportionate server load (e.g. cryptocurrency miners, abusive mods/plugins) is prohibited.

§8 Liability

(1) Xmbhosting.com is liable only for intent and gross negligence. For ordinary negligence, liability is limited to essential contractual obligations (cardinal duties), and only for foreseeable, typical damages.

(2) Liability for slight negligence beyond these obligations is excluded.

(3) Liability for injury to life, body, health, or under product liability law remains unaffected.

(4) Xmbhosting.com is not liable for data loss caused by force majeure, user error, or external disruptions.

§9 Final Provisions

(1) The law of the Grand Duchy of Luxembourg applies. Mandatory consumer protection laws of the customer’s country of residence remain unaffected.

(2) If the customer had their residence in Luxembourg at the time of contract conclusion and later moved abroad, or their residence is unknown at the time of legal action, the place of jurisdiction is Luxembourg.

(3) If any provision of this contract is invalid, the remainder remains unaffected. Invalid provisions shall be replaced with lawful ones that best reflect the original economic intent.