Terms of Service

1. Services

We provide self-managed virtual private servers (Linux and Windows), game servers, web hosting and domain registration as described on the order pages. Self-managed means we operate the infrastructure; the administration of your server or hosting space (including its software, content and security) is your responsibility.

2. Account

You must provide accurate contact and billing information and keep it current. You are responsible for safeguarding your credentials and for all activity under your account. You must be at least 18 years old or have the consent of a legal guardian.

3. Provisioning & right of withdrawal (EU consumers)

Services are provisioned automatically, usually within minutes of payment. By placing an order you expressly request that we begin performance immediately and you acknowledge that you lose your statutory right of withdrawal once the service has been fully performed; for ongoing services, if you withdraw after requesting immediate performance, you owe payment proportional to the service already provided.

Domain registrations are transmitted to the registry immediately upon payment and registered in your name; as customised services they are excluded from withdrawal and non-refundable once submitted to the registry.

4. Billing & payment

• All Services are prepaid and renew automatically for the selected billing period until cancelled.
• Invoices are issued before each renewal. If a renewal payment is not received by the due date, the Service may be suspended from the day after the due date and terminated, with all data permanently deleted, 7 days after the due date.
• Prices may change with at least 30 days' notice, effective from your next billing period. If you do not agree, you may cancel before the new price takes effect.
• You bear any payment-provider or currency-conversion fees charged by your bank.

5. Refunds

• 72-hour money-back guarantee: on your first VPS, game-server or web-hosting order (one per customer), you may request a full refund within 72 hours of provisioning, refunded to the original payment method.
• Excluded from any refund: domain registrations, renewals and transfers; renewal invoices; plan upgrades; setup fees; software licenses; services terminated for a breach of these Terms or the AUP.
• Apart from the above, all fees are non-refundable, including for unused parts of a billing period after cancellation.
• Availability issues are remedied exclusively through SLA service credits.

6. Chargebacks

Please contact support before disputing a charge. An unjustified chargeback or payment dispute results in immediate suspension of all services on the account. Reinstatement requires settlement of the disputed amount plus a €15 administration fee and any fees imposed on us by the payment provider.

7. Cancellation & termination

• You may cancel any Service at any time with effect from the end of the paid period; no pro-rated refunds.
• We may terminate for cause (including AUP violations or non-payment) with immediate effect and without refund.
• We may terminate for convenience with 14 days' notice; in that case we refund any prepaid amounts for whole unused billing months.
• After termination, all service data is permanently and irrecoverably deleted within 7 days.

8. Your data & backups

You are solely responsible for backing up your data. Where backup features are included in a plan they are provided on a best-effort basis and do not constitute a guarantee of data integrity or recoverability. We are not liable for data loss except where caused by our intent or gross negligence.

9. Fair use & resources

Plans share physical resources. Sustained abusive utilisation that degrades other customers (see AUP) may be throttled; repeated abuse may lead to suspension. "Unlimited" features are subject to fair, ordinary use.

10. Warranty & liability

• Subject to the SLA, the Services are provided without warranty of fitness for a particular purpose, to the extent permitted by law.
• We are fully liable for intent and gross negligence, for injury to life, body or health, and under mandatory statutory liability (e.g. product liability).
• For slight negligence we are liable only for breaches of essential contractual obligations (cardinal duties), limited to the foreseeable damage typical for this type of contract, and in total capped at the fees you paid us in the 3 months preceding the event.
• We are not liable for indirect or consequential damages, lost profits or lost data (subject to the carve-outs above).

10a. Third-party software licensing (BYOL)

Certain operating system images and software (including Microsoft Windows Server) are provided without a software license. You are solely responsible for obtaining, holding and maintaining valid licenses for any software you run on our services, and for compliance with the relevant vendor's licensing terms. overnight.host does not include, resell or sublicense Microsoft licenses unless explicitly stated on the order page.

11. Changes to these Terms

We may amend these Terms with 30 days' notice by email or panel notification. If you do not object or cancel before the effective date, the amended Terms apply. Your statutory rights remain unaffected.

12. Final provisions

German law applies, excluding the UN Convention on Contracts for the International Sale of Goods. For consumers, the mandatory consumer-protection rules of your country of residence remain unaffected. If you are a merchant, the place of jurisdiction is our registered seat. Should individual clauses be invalid, the remainder stays in force.

Contact: [email protected]