General Terms and Conditions

  1. Scope

1.1 nextfiles.one, owned by Eduard Mehrtens, based in Schwanewede, Germany, hereinafter referred to as "nextfiles.one", provides the customer with the ordered services with all included service components as well as any additional services ordered at a later date, exclusively according to the following GTC. These conditions are available at any time on the website of nextfiles.one and are acknowledged by the customer when ordering, reordering, and every online configuration.

1.2 The customer assures that he has full legal capacity according to the legal provisions applicable to him, that he may receive the services according to the legal provisions applicable to him (also regarding any existing guardianships), and that no other legal, economic, or financial reasons stand in the way of concluding the contract.

  1. Conclusion of Contract

2.1 The offers from nextfiles.one are non-binding and without obligation. Technical and other changes remain reserved within the scope of what is reasonable.

2.2 By placing an order, the customer declares his binding contract offer. We will confirm receipt of the customer's order without delay. The confirmation of receipt does not yet constitute a binding acceptance of the order. The confirmation of receipt can be combined with the declaration of acceptance.

2.3 nextfiles.one is entitled to accept the contract offer contained in the order within a period of 5 working days after receipt by nextfiles.one. We are also entitled to reject it.

2.4 The customer is obliged to provide his correct name and a valid email address for free cloud access. So-called disposable email addresses are not permitted. For paid cloud access, a correct postal address must also be provided. In case of violation, nextfiles.one is entitled to revoke access without notice.

  1. Scope of Services

3.1 The scope of services results from the offer information valid at the time of the order, the order form, as well as the respective monthly special offers.

3.2 If no separate contractual agreement has been made, the product features described on the homepage at the time of the conclusion of the contract apply. The services of the open-source software described on our website always describe the delivery state of a newly installed open-source software. This includes all products and service descriptions described under https://nextfiles.one and on the subpages of https://nextfiles.one. The features and service descriptions of open-source software may change during the contract term if, for example, due to updates, services are extended, restricted, or become incompatible with our server software by the open-source developer.

3.3 Updates of the cloud software are carried out at the discretion and regular cycle of nextfiles.one, unless an explicit deviation from this regulation has been agreed upon in an SLA (Service Level Agreement).

3.4 The provider can change the IP addresses and domain names assigned by the provider at any time with a notice period of one week. The customer cannot derive any further rights from the change. The customer has no claim to a (specific) IP address. If the provider provides free (sub-)domains (e.g., nameihrercloud.nextfiles.one) or IP addresses, they remain the property of the provider after the contract ends. By concluding a contract, the customer acquires only a right to use the service/services, etc., for the agreed and paid period.

3.5 The provider reserves the right to expand, change, and make improvements to the services at any time, provided this is in the interest of, for example, the entirety of customers, server stability, server security, server performance improvement, etc. The provider is also entitled to change the services if this is necessary due to changes/additions to laws, regulations, and licensing provisions and security considerations.

3.6 The provider's technical support assists the customer with problems with the cloud software. The services of our technical support can be found in the section "Technical Support" of these GTC. Third-party apps or apps below version number 1 are not included in the free support, and the functionality of third-party apps cannot be guaranteed.

3.7 As part of the cloud/offers, our service consists of operating the corresponding open-source server software (including Nextcloud, web meeting software, etc.) on our servers. The final setup and configuration of the cloud is carried out by the customer in the cloud's web interface and in the customer area. No fees are charged for the open-source software (free distribution - download option available from the software developer). Fees are only charged for support, management, and operation of the server systems, including storage space and traffic (usually as a flat-rate cloud offer). Backups for cloud/customer data and changes/adaptations to the source code of open-source software are not part of the contract and require a separate written contract. The customer/user can download the open-source software from the software developer. Our support will be happy to provide you with the desired download link. The contractual partner of the open-source client and server software is not nextfiles.one, but the software developer. nextfiles.one does not charge any fees, charges, etc., for open-source software.

  1. Technical Support

4.1 Technical support services are included in our service description in the offers. Additional services require a separate agreement. The applicable prices are available on request.

4.2 In general, no response time or guarantee for answering or executing incoming inquiries or orders is agreed upon unless explicitly agreed upon in an SLA (Service Level Agreement).

4.3 All communication and thus the contents of the support, whether by email, fax, or phone, are protected by copyright, and unauthorized disclosure or publication is prohibited.

  1. Data Security – Essential Obligations of the Customer

5.1 The customer is obliged to create backup copies of all data that he transfers to the storage space provided by the provider (backup copies). The customer will secure these backup copies on data carriers that are not physically located with the provider. He will also regularly update his backup. If a restoration of the data on the systems of nextfiles.one is necessary, the customer will transfer the relevant data sets to the server of nextfiles.one again free of charge.

5.2 The customer is obliged to perform a complete data backup before any own or commissioned changes.

5.3 The customer receives a user ID and a password to use his offer. He is obliged to treat this confidentially and is liable for any misuse resulting from unauthorized use of the password. If the customer becomes aware that unauthorized third parties know the password, he must inform nextfiles.one immediately. If third parties use services from nextfiles.one due to the customer's fault through misuse of the passwords, the customer is liable to nextfiles.one for usage fees and damages. In case of suspicion, the customer has the option to set a new password or ask nextfiles.one to block access.

  1. Obligations and Duties of the Customer

6.1. The customer is obliged to use the provider's services properly and as intended. In particular, he is obliged to,

a. inform the provider immediately of changes to the contractual basis
b. not misuse the access possibilities to the provider's services and to refrain from illegal and/or unlawful actions. In particular, the customer is prohibited from,

i. using the services of other participants of the provider's services without authorization;
ii. using services not agreed in the contract without authorization and decrypting, reading, or changing passwords, emails, files, etc., of other participants of the provider's services or the system operator;
iii. distributing individual applications of licensed application software via the provider's services without authorization,
iv. interrupting or blocking communication services, for example, by overloading, as far as this is attributable to the customer;
v. distributing or making accessible any criminal content via the provider's services; this applies in particular to pornographic, violence-glorifying content or content directed against the free democratic basic order or the idea of international understanding, such as National Socialist or terrorist content, as well as propaganda materials and symbols of unconstitutional parties, associations, or their substitute organizations;
vi. using the storage space for data backups unless explicitly agreed otherwise.
vii. exceeding the provided storage space.

c. In the event of a contractual violation (especially the above points), the customer reimburses the provider for the material and personnel expenses incurred as well as the expenses incurred.
d. inform the provider on request of the number of users and clients using the cloud. Users are actual persons or IT products that can access the cloud - regardless of the device or username. Users can also be software programs, routines, etc., that independently perform data backups, queries, etc.
e. notify any change in the number of users within 30 days if the number of users agreed in the contract is exceeded. oCloud.de is entitled to charge fees for additional users accordingly. The basis for calculation is the fee for additional users of a monthly business contract of the associated cloud group (ocloud/ownCloud/Nextcloud, etc.).
f. ensure compliance with legal regulations and official requirements, as far as these are currently or in the future relevant for participation in the provider network;
g. comply with the applicable data protection regulations and the recognized principles of data security and follow them;
h. use the services in such a way that the server, scripts, programs, and apps are not excessively loaded. The systems are designed for normal, average use based on the pre-installed delivery state (of the cloud). The double average value of all users on the server system is used as a benchmark for average use/load - based on the respective use/load/function/application/cloud.
i. report recognizable defects or damages to the provider immediately (fault reports) and take all measures that enable the identification of defects or damages and their causes or facilitate and accelerate the elimination of the fault;
j. after submitting a fault report, reimburse the provider for the expenses incurred by checking his facilities if and to the extent that it turns out after the check that a fault was in the customer's area of responsibility (outside the defined contract and service scope).

6.2. If the customer violates the obligations mentioned in paragraph 1.b), the provider is entitled to terminate the contractual relationship without notice after an unsuccessful warning (in serious or urgent cases also without prior warning).

6.3. Details of the cooperation of users with each other can be agreed upon in a user regulation in a partnership manner.

6.4. In all other cases, the provider is entitled to terminate with a notice period of 10 days and/or, upon becoming aware of a violation by the customer in the manner described there, to interrupt/suspend access to the services resulting from the scope of services with immediate effect or to restrict certain services in whole or in part.

  1. Data Protection

The separately published privacy policy on the website of nextfiles.one applies in its respective version.

  1. Published Content

8.1 The customer undertakes not to publish any content that infringes the rights of third parties or otherwise violates applicable law. The storage of extremist or content violating good morals is inadmissible. We are entitled to block the customer's access if this is violated. The same applies if the customer publishes content that is suitable to violate the honor of third parties, insult or defame individuals or groups of people. This also applies if an actual legal claim should not exist. We are not obliged to check the content of our customer.

8.2 The sending of spam emails is prohibited. This includes, in particular, the sending of unauthorized, unsolicited advertising to third parties. When sending emails, it is also prohibited to provide false sender data or to conceal the identity of the sender in any other way. In case of non-compliance, we are entitled to block access and claim a payment of €1,000.00 per violation.

  1. Liability

9.1 We assume no liability for direct damages, consequential damages, or lost profits due to technical problems and disruptions within the internet that are not within the control of nextfiles.one.

9.2 We are not liable to entrepreneurs for slightly negligent breaches of non-essential contractual obligations. This does not apply in all cases of personal injury and under the provisions of the Product Liability Act.

9.3 We are only liable to entrepreneurs for indirect damages and consequential damages as well as for lost profits in cases of intent and gross negligence. In this case, the liability of nextfiles.one is limited to the contractually typical foreseeable damage, a maximum of 100% of the annual product rent.

9.4 If the customer violates the obligations mentioned in these GTC, legal prohibitions, or good morals, he is liable to nextfiles.one for compensation for all resulting direct and indirect damages, including financial losses. Furthermore, the customer undertakes to indemnify nextfiles.one from claims of third parties of any kind resulting from the illegality of content placed on the internet. The indemnification obligation also includes the obligation to fully indemnify nextfiles.one from legal defense costs (e.g., court and attorney fees).

9.5 We assume no liability for direct damages, consequential damages, or lost profits due to technical errors of open-source software.

 

  1. Payment Terms

10.1 The current prices, which can be viewed at any time under https://nextfiles.one/, apply.

10.2 Depending on the contractual agreement, billing takes place monthly, quarterly, semi-annually, annually, or every two years. Billing is done, unless otherwise agreed, by invoicing. All fees are then due for payment immediately upon receipt of the invoice.

10.3 A prepaid balance deposited by the customer (credit deposit for offsetting future due invoices) will be refunded upon customer request. The refund will be made in the same way as the payment was made.
The following costs are to be borne by the customer in the event of a refund and will be deducted from the payout amount and balance:
a. All fees from the payment provider that were incurred during the deposit and charged to us (the last payment transactions of the customer are considered until the balance amount is reached).
b. A one-time processing fee of five euros.
c. Any fees from the payment provider for the payout.
The prepaid balance does not expire and can be used for our offers and services.

10.4 We are also entitled to block the customer's online storage in the event of default and withhold all other services.

9.5 Invoices can be downloaded as PDFs in the customer area. If delivery by mail is desired, we are entitled to charge a reasonable processing fee. In the case of retrospective invoice changes not caused by the fault of nextfiles.one, we are entitled to charge a reasonable processing fee, as well as for any postal delivery.

10.6 In the case of payment by SEPA direct debit, the collection takes place with a shortened period of one working day after sending the order confirmation by email.

10.7 Default occurs automatically if a payment of an invoice is not made.

  1. Contract Duration/Termination/Place of Performance

11.1 Unless otherwise agreed in the contract, the contracts are concluded for an indefinite period.

11.2 The contractual relationship can be terminated by both contracting parties at any time at the end of the already calculated contract term. A consumer can terminate without any notice before the start of a new contract term. A customer who is not a consumer (according to §13 BGB) can terminate the contract with a notice period of 4 weeks before the start of a new contract term. The provider observes a notice period of 4 weeks for paid offers. In the event of early termination of the contract by the customer, no (partial) refund of the calculated invoice amounts, fees, etc., will be made.

11.3 For contracts with minimum terms, the contractual relationship can be terminated at the earliest at the end of the minimum term, but not before the end of the already calculated contract term.
11.4. All contracts are automatically extended by another contract term (like the previous contract term) unless the contract was terminated beforehand.
10.5. Termination is preferably carried out by the customer himself via the customer area. To do this, the customer cancels the selected contract by pressing the corresponding button in the customer area under the respective product. Termination can also be made via the termination form or by email or the ticket system. The text form is sufficient.

11.6 We are also entitled to terminate the contractual relationship without notice for good cause. Such an important reason may also exist if the customer significantly or despite a warning violates the obligations from clause 6. Another important reason that can lead to blocking or immediate termination is if the customer uses content that could impair the regular operation or security of our servers.

11.7 The place of performance for all services from this contract is Schwanewede. The place of jurisdiction for all disputes arising from this contract is the court responsible for Schwanewede, provided the customer is a merchant, a legal entity under public law, or a special fund under public law. The same applies if the customer has no general place of jurisdiction in Germany or if the place of residence or habitual residence is not known at the time the action is brought. We are also entitled to sue at the customer's place of business.

11.8 If the customer intends to transfer his contractual rights to another person, he requires the consent of nextfiles.one. A transfer of contractual rights can only be made in writing by letter, fax, or via the secure online administration area, provided this option is available. In the case of a transfer by letter or fax, the previous and new contracting parties must sign by hand.

  1. Price Information

12.1 All prices and offers are in euros, including taxes payable under applicable law.

  1. Right of Withdrawal

13.1 Right of Withdrawal for Consumers

You can revoke your contractual declaration within 2 weeks without giving reasons in text form (e.g., by letter, fax, email). The period begins after receipt of this instruction in text form, but not before the conclusion of the contract and also not before fulfilling the information obligations of nextfiles.one according to § 312 c para. 2 BGB in conjunction with § 1 para. 1,2 and 4 BGB-InfoV, as well as the obligations of nextfiles.one according to § 312 para. 1 sentence 1 BGB in conjunction with § 3 BGB-InfoV. To comply with the withdrawal period, it is sufficient to send the withdrawal in time. The withdrawal is to be addressed to: nextfiles.one, Am Hagen 15, 28790 Schwanewede

13.2 Consequences of Withdrawal

In the event of a valid withdrawal, the services received by both parties must be returned. Your right of withdrawal expires prematurely if the contract has been fully fulfilled by both parties at your express request before you have exercised your right of withdrawal. Obligations to refund payments must be fulfilled within 30 days. The period begins for you with the dispatch of your withdrawal declaration, for nextfiles.one with its receipt.

  1. Inquiries and Complaints

Inquiries and complaints should be addressed to nextfiles.one, Am Hagen 15, 28790 Schwanewede.

  1. Order Processing According to Art. 28 GDPR

15.1 If the provider provides additional services and benefits outside the contractual agreement free of charge, these can be discontinued at any time. The provider offers the customer the opportunity to conclude a GDPR AV contract (ADV). The provider can refuse to conclude a modified GDPR AV contract (ADV) or also terminate the GDPR AV contract (ADV) in accordance with the contract. This does not result in a reduction or compensation claim by the customer or an extraordinary right of termination.

  1. Final Provisions

nextfiles.one is entitled to commission third-party companies and vicarious agents with the provision of parts or the entire range of services. nextfiles.one is free to use newer or different technologies, systems, procedures, or standards than initially offered for the provision of services in the course of technical progress and/or to change the companies and vicarious agents commissioned with the execution at any time without announcement or notification, provided that no permanent or superior disadvantages arise for the customer. A temporary failure caused by this does not constitute a defect, and the customer does not have a claim for damages or a right to reduce the fees; the customer remains fully obligated to perform towards nextfiles.one. Any expenses incurred by the customer due to the aforementioned regulations and agreements are borne by the customer himself. A sale of individual business areas of nextfiles.one and the appointment of one or more legal successors does not justify a special right of termination for the customer. In the event of business closure, all contracts end at the time of business closure, and the customer is entitled to a pro-rata refund of prepaid fees. Discounts granted to the customer based on contracts with a term of at least 12 months remain valid.

  1. Severability Clause

If individual provisions of this contract are or become ineffective or unenforceable after the conclusion of the contract, the validity of the contract as a whole remains unaffected. In place of the ineffective or unenforceable provision, the effective and enforceable regulation shall apply, the effects of which come closest to the economic objective pursued by the contracting parties with the ineffective or unenforceable provision. The above provisions apply accordingly if the contract proves to be incomplete.

Schwanewede, June 10, 2020