Hellion Online Media – Florian Wathling
Ilsenburger Straße 97, 38667 Bad Harzburg · As of: March 2026
(1) These General Terms and Conditions (hereinafter "GTC") apply to all contracts, services, and offers of Hellion Online Media – Florian Wathling (hereinafter "Provider") to its clients (hereinafter "Client").
(2) The Provider is a sole proprietorship based in Bad Harzburg and provides internet services, particularly in the areas of web development, web hosting, domain management, game server hosting, voice server hosting, IT support, search engine optimization, social media setup, as well as email and network configuration.
(3) Deviating, conflicting, or supplementary terms and conditions of the Client shall only become part of the contract if the Provider has expressly agreed to their validity in writing.
(4) These GTC apply both to consumers within the meaning of § 13 BGB (German Civil Code) and to entrepreneurs within the meaning of § 14 BGB, unless an explicit distinction is made.
(1) Offers by the Provider are non-binding and without obligation, unless they are expressly marked as binding.
(2) A contract is concluded when the Client accepts an offer from the Provider or when the Provider confirms a Client's order in writing or by email.
(3) Oral side agreements require written confirmation by the Provider to be effective.
(1) The type and scope of services to be rendered are determined by the respective order or service description, the offer, or the invoice.
(2) The Provider is entitled to engage third parties (subcontractors) to fulfill its contractual obligations.
(3) The Provider renders its services according to the current state of technology. For ongoing services (e.g., hosting, game servers), the Provider guarantees an availability of 95% on an annual average. This excludes scheduled maintenance, which will be announced to the Client in advance where possible, as well as disruptions beyond the Provider's control (e.g., data center failures, force majeure).
(4) For one-time services (e.g., website creation, setup work), the deadlines agreed upon in the offer apply. If no deadlines are agreed upon, the Provider shall render the service within a reasonable period.
(1) The Client shall provide the Provider with all information, data, and materials required for the provision of services (e.g., texts, images, access credentials) in a timely manner and free of charge.
(2) The Client shall designate a contact person authorized to make decisions within the scope of the contract.
(3) If the Client fails to meet its cooperation obligations or fails to do so in a timely manner, agreed deadlines and timeframes shall be extended accordingly. Additional costs arising from this shall be borne by the Client.
(1) The prices stated in the respective offer or invoice apply. All prices are final prices. VAT is not charged pursuant to § 19 para. 1 UStG (German VAT Act, small business regulation), as long as the Provider makes use of this regulation.
(2) Invoices are due for payment within 14 days of the invoice date without deduction, unless otherwise agreed.
(3) Payment is made by bank transfer to the business account stated on the invoice.
(4) In the event of late payment, the Provider is entitled to charge default interest at the statutory rate (§ 288 BGB). The right to claim further damages for default is reserved.
(5) The Client may only offset claims of the Provider with undisputed or legally established counterclaims.
(1) Ongoing services (e.g., hosting, game server, voice server, website maintenance) are concluded for an indefinite period and can be terminated by either party with 14 days' notice to the end of the month, unless otherwise agreed.
(2) The right to extraordinary termination for good cause remains unaffected. Good cause exists in particular if the Client is in arrears with at least two monthly payments despite a reminder.
(3) One-time services (e.g., website creation, setup work) end with the complete provision and acceptance of the agreed service.
(4) Terminations require written form or text form (email is sufficient).
(1) For work services (e.g., website creation), the Client is obligated to accept the rendered service within 14 days of notification of completion.
(2) If the Client does not accept the service within this period and does not report any defects, the service shall be deemed accepted.
(3) Insignificant defects do not entitle the Client to refuse acceptance.
(1) Statutory warranty rights apply to work services. The warranty period is one year from acceptance if the Client is a business. For consumers, the statutory period of two years applies.
(2) Defects must be reported to the Provider immediately upon discovery in writing or by email, with a description of the defect as precise as possible.
(3) The Provider initially has the right to subsequent performance (repair or re-performance of the service). If subsequent performance fails twice, the Client has further statutory rights.
(1) The Provider is liable without limitation for intent and gross negligence, as well as for damages resulting from injury to life, body, or health.
(2) In cases of slight negligence, the Provider is only liable for breach of essential contractual obligations (cardinal obligations). In these cases, liability is limited to the foreseeable, contract-typical damage.
(3) Liability for slight negligence in the breach of non-essential contractual obligations is excluded.
(4) The Provider is not liable for the loss of Client data to the extent that the damage was caused by the Client's failure to perform regular data backups. The Client is responsible for backing up their own data.
(5) The above limitations of liability also apply in favor of the Provider's vicarious agents.
(1) The Provider collects, processes, and uses personal data of the Client only in accordance with applicable data protection laws, in particular the GDPR and the BDSG (German Federal Data Protection Act).
(2) To the extent that the Provider gains access to personal data of the Client or its customers in the course of providing services, a separate data processing agreement (DPA) pursuant to Art. 28 GDPR shall be concluded if necessary.
(3) Both parties undertake to keep confidential all confidential information of the respective other party obtained in the course of cooperation and not to disclose it to third parties. This obligation continues even after termination of the contractual relationship.
(1) Upon full payment of the agreed remuneration, the Provider grants the Client a simple, temporally unlimited right of use to the works created within the scope of the contract (e.g., websites, graphics, texts), unless otherwise agreed.
(2) The right of use is limited to the contractually agreed purpose. Transfer to third parties or use beyond the contractual purpose requires the prior written consent of the Provider.
(3) The Provider is entitled to present the rendered services for reference purposes (e.g., on its own website), unless the Client expressly objects.
(4) Source code is only handed over if this has been expressly agreed. Otherwise, the source code remains with the Provider.
(1) When registering domains, the Provider acts on behalf of and in the name of the Client. The Client is and remains the owner of the domain.
(2) The Client assures that the desired domain does not infringe upon the rights of third parties (e.g., trademark rights, name rights). The Client indemnifies the Provider against any claims by third parties in connection with the domain registration.
(3) Upon termination of the contract, the domain will be released or transferred to another provider at the Client's request. The Provider supports the transfer to the best of its ability.
(1) The Provider makes server services (game servers, voice servers, web hosting) available to the Client in the agreed scope.
(2) The Client undertakes not to use the provided server resources for unlawful purposes, in particular not for the distribution of unlawful content, spam, hacking attacks, or similar activities.
(3) The Provider is entitled to block services immediately and without prior warning in the event of violations of paragraph 2.
(4) Additional licenses required by the Client for their servers (e.g., game licenses) must be acquired and paid for by the Client.
(1) The Provider performs regular backups of the hosted systems at its own discretion. No guarantee is given for the completeness or recoverability of the backups.
(2) The Client is responsible for independently backing up their own data. The Provider recommends performing regular backups.
(1) The Provider is not liable for disruptions in service attributable to force majeure. Force majeure includes in particular natural disasters, war, pandemics, strikes, government orders, as well as failures of telecommunications networks or energy providers.
(2) For the duration of force majeure, the Provider is released from its service obligations. After the disruption ceases, services shall be resumed without delay.
(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods.
(2) If the Client is a merchant, a legal entity under public law, or a special fund under public law, the place of jurisdiction for all disputes arising from the contractual relationship is Bad Harzburg.
(3) Should individual provisions of these GTC be or become invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a provision that comes closest to the economic purpose of the invalid provision.
(4) Amendments and additions to these GTC require written form. This also applies to the amendment of this written form clause.
(5) The Provider reserves the right to amend these GTC with reasonable notice. Existing contracts remain unaffected by changes unless the Client agrees to the changes.
Hellion Online Media – Florian Wathling · Ilsenburger Straße 97, 38667 Bad Harzburg · [email protected] · As of: March 2026