Terms and conditions
For contracts on game server hosting with FNLY IT UG (haftungsbeschränkt) under the HYPLIO brand.
This translation is provided for convenience. Only the German version is legally binding.
§ 1 Scope, provider
These terms apply to all contracts between FNLY IT UG (haftungsbeschränkt), Am Kraftwerk 23, 34582 Borken, Germany ("provider", "HYPLIO"), and its customers on the provision of game server hosting and related services. Deviating terms of the customer apply only with express written consent.
§ 2 Subject matter
For a fee, the provider supplies server capacity for running game servers (computing power, memory, storage, connectivity) and a management panel. Scope, configuration (slots, RAM) and location follow from the respective order. The specific scope of services is described in the ordering process.
§ 3 Conclusion of contract
The presentation in the shop is an invitation to order. By submitting the order the customer makes a binding offer; the contract is concluded when the server is provided or the order is confirmed. The customer warrants that their details are correct and that they have legal capacity.
§ 4 Prices and payment
All prices include statutory VAT. Payment is made in advance, either as prepaid credit or as a recurring subscription via the payment service provider. The server is provided after payment has been received. With prepaid, the service ends automatically when the paid period expires.
§ 5 Provision, immediate performance
At the customer's express request the service starts immediately after the contract is concluded. The customer is aware that their right of withdrawal may therefore expire early under Section 356 (5) BGB or that, if they withdraw during performance, they owe pro-rata compensation (Section 357a BGB). Details are in the withdrawal policy.
§ 6 Default, chargeback, suspension
If the customer defaults on payment or a payment is reversed (direct debit return, chargeback), the provider may suspend the affected servers after notice. Bank fees caused by reversals are charged to the customer as damages. The payment obligation remains. After a reasonable period, suspended servers and their data may be deleted.
§ 7 Term and cancellation
Prepaid contracts end automatically when the paid term expires. Subscriptions renew for the chosen period and can be cancelled for the end of the current period unless a minimum term was agreed. Cancellation is possible in the customer account or by email. The right to terminate for good cause remains unaffected.
§ 8 Customer obligations
The customer is responsible for the content run on the server. Unlawful content, infringement of third-party rights, sending spam, attacks (such as DDoS) and actions that impair the infrastructure or other customers are prohibited. Access data must be kept secret. In case of violations the provider may remove content and suspend the server.
§ 9 Availability, maintenance, backups
The provider strives for high availability. Maintenance is announced where possible. Automatic backups are created to the extent described; the customer should additionally back up important data themselves. A specific availability is only promised where expressly agreed.
§ 10 Liability
The provider is liable without limitation for intent and gross negligence and for injury to life, body and health. For simple negligence it is liable only for breach of essential contractual obligations (cardinal obligations), limited to the typical, foreseeable damage. Liability under the Product Liability Act remains unaffected.
§ 11 Changes to these terms
The provider may change these terms with effect for the future; material changes are notified to the customer in text form at least six weeks in advance. If the customer does not object within this period, the changes are deemed accepted; the customer will be informed of this separately.
§ 12 Final provisions
The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods; mandatory consumer protection rules of the customer's country of residence remain unaffected. If the customer is a merchant, the place of jurisdiction is the provider's registered office. Should a provision be invalid, the rest of the contract remains valid.
Last updated: 2026-10-17