General terms and conditions

Please note: The sole contractual language is German. The place of jurisdiction is exclusively Germany and German law applies exclusively to all contracts and agreements. Other languages and translations are provided for non-binding information only and, to the extent legally possible, without warranty and without liability.


§ 1 Validity of the conditions

1 The provider (see imprint - hereinafter referred to as nextfiles.eu, provider, provider, nextfiles.eu or Mehrtens IT) provides services exclusively on the basis of these terms and conditions. They apply, insofar as the contractual partner is a merchant in the sense of the German Commercial Code (HGB), also to all future business relationships, even if they are not expressly agreed again.
The Provider shall be entitled to amend or supplement these General Terms and Conditions at any time with a reasonable period of notice. The customer has the right to object to such a change. If the customer does not object to the amended terms and conditions within one month of receipt of the notice of amendment, they shall become effective in accordance with the notice.

§ 2 Conclusion of contract

1. the offers of the offerer are always not-binding and noncommittal. Offers for products/clouds used predominantly commercially/professionally or by any organization are marked Business. All other offers are directed to private users.
The customer makes an offer to the provider to conclude a contract by placing an order. 3.
The Provider may accept this offer within one week (by issuing an invoice or by sending the access/login data for the product/cloud) or reject it without giving reasons.
4. in case of rejection, the provider will then immediately, if a payment has already been made, refund the payment in the same way. Through the reimbursement, a contract conclusion has then been rejected.
5. contract language is exclusively German. Translations are for information purposes only.
§ 3 Scope of services

(1) The description of services and all supplementary documents and guidelines of the Provider are available for inspection at the place of business. They can also be accessed electronically free of charge at https://www.nextfiles.eu.
2. the web pages, contents and achievements made available by us are co-ordinated by us with the in each case current versions of the Internet browsers Firefox and Internet Explorer with activated JavaScript, Cookies and ActiveX/Java and middle safety attitude. When using other browsers or settings, the provider does not guarantee the correct functionality of the corresponding service.
3. all prices are inclusive of taxes payable under applicable law.
4. the provider is entitled to send the invoice to the customer by email. The invoice is considered received when it has been sent to the customer's domain or other email address known to us. Objections against the invoices of the Provider are to be asserted by the Customer in text form within 30 days after their receipt. The omission of timely objections is considered as approval.
5. the provider reserves the right to expand, change and improve the services at any time, provided that this is in the interest of e.g. the entirety of the customers, the server stability; server security, the increase of the server performance, etc.. The provider is also entitled to change the services if this is necessary due to changes/additions to laws, regulations and licensing requirements and security considerations.
(6) If the Provider provides additional services and performances outside the contractual agreement free of charge, these may be discontinued at any time. The Provider offers the Customer the possibility to conclude a DSGVO AV contract (ADV). The Provider may refuse to conclude an amended GDPR Service Agreement (ADV) or may also terminate the GDPR Service Agreement (ADV) in accordance with the contract. This shall not result in a claim for reduction or damages on the part of the Customer or in an extraordinary right of termination.
The Provider's technical support shall assist the Customer free of charge in the event of problems with the cloud software and the apps preinstalled by the cloud developer upon delivery. Apps from third party providers, if applicable subsequently installed apps from the app store of the developer or apps below version number 1 are not included in the free support and the operability of the apps from third party providers or subsequently installed apps cannot be guaranteed.
8. 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. A claim on the part of the customer to a (certain) IP address does not exist. If the Provider provides free (sub-)domains (e.g. nameyourcloud.nextfiles.eu) or IP addresses, these shall remain the property of the Provider after termination of the Agreement.
9. the storage space provided by the provider in accordance with the purchased respective offer may not be exceeded. If the customer exceeds the storage space, he will be given once with a period of one week the opportunity to delete corresponding files from the server and he will be informed about the possible additional costs after this week. In case of exceeding more than 20% of the purchased storage space, the provider can immediately block the product and/or delete files himself after an announcement.The storage space provided is calculated from the actually used storage space of the customer directory minus the used storage space of the pre-installed files at the time of provision. Decisive for the calculation of the used storage space is solely the storage space usage measured by the provider directly on the server. Information from third-party software may contain deviations and do not take into account all files in the calculation.
The provider guarantees an availability of min. 99% in the time year (calculation basis are the last 365 days) for all offers, except for announced and planned maintenance work. Any claim for damages shall be governed by the provisions of $ 9 of these GTC.
12. within the framework of the cloud offers of nextfiles.eu (ownCloud, Nextcloud, Seafile CE), the service of nextfiles.eu consists of operating the corresponding (usually open-source) pre-installed server software (including ownCloud, Nextcloud, Seafile, Collabora, OnlyOffice) on the servers. The final setup and configuration of the cloud is done by the customer in the web interface of the cloud and in the customer area of nextfiles.eu. No fees are charged for the open source software (free delivery - download option from the developer of the software is possible). Fees are only charged for support, administration and operation of the server systems including storage space and traffic (usually as a flat-rate cloud offer). Updates of the software are carried out by the provider after order by the customer. Backups for cloud/customer data are not part of the contract and require a separate written contract. The customer/user can download the open source software via the software developer. Our support will gladly provide you with the desired download link. Contractual partner of the client software is not nextfiles.eu, but the software developer. In no case nextfiles.eu charges fees, charges, etc. for open source software.
§ 4 Termination

1. the contractual relationship is terminable for both contracting parties at any time to the end of the already charged contract period. The customer may terminate without any notice period. However, the provider shall observe a period of notice of 4 weeks in the case of offers subject to a charge. In the event of premature termination of the contract by the customer, no (partial) reimbursement of the invoiced amounts, fees, etc. will be made.
2. in the case of 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 contract term already charged.
3. all contracts are automatically extended by another contract period (like the previous contract period) if the contract has not been cancelled before.
4. the cancellation takes place if possible over the customer area by the customer. For this purpose, the customer cancels the selected contract by pressing the corresponding button in the customer area under the respective product.
§ 5 Scope of services and duties of the provider


(1) Insofar as the Provider provides additional services and performances free of charge outside the contractual agreement, these may be discontinued at any time. A reduction or compensation claim of the customer or a right of termination does not arise from this. By concluding a contract, the customer exclusively acquires a right to use the service/services, etc. for the agreed and paid period of time.
(2) The Provider shall be entitled to change, reduce or supplement the range of services resulting from the contract and to cancel access to individual services if and to the extent that the purpose of the contract concluded with the Customer is not or not significantly impaired thereby.
Customers shall be informed in good time of any changes pursuant to Section 5.2.

§ 6 Duties and Obligations of the Customer

(1) The Customer is obligated to use the Provider's services properly and in accordance with their intended purpose. In particular, he is obliged to,

a. to inform the provider immediately about changes in the contractual basis

b. not to misuse the access possibilities to the services of the provider and to refrain from illegal and/or unlawful actions. In particular, the customer is prohibited from

i. to use the services of other participants of the provider services without authorization;

ii. to use services not agreed in the contract without authorization as well as to decrypt, read or change passwords, e-mails, files or similar of other participants of the Provider Services or the System Operator;

iii. to distribute individual applications of licensed application software via the Provider's services without authorization,

iv. to interrupt or block communication services, for example due to overloads, insofar as the Customer is responsible for this;

v. to distribute or make accessible criminal content of any kind via the Provider's services; this applies in particular to pornographic content, content glorifying violence 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 material and symbols of unconstitutional parties, associations or their substitute organizations;

vi. exceeds the provided storage space by more than 100%.

c. In the event of a contractual violation (in particular the above-mentioned points), the Customer shall reimburse the Provider for any material and personnel expenses incurred as well as for any out-of-pocket expenses.

d. to inform the Provider upon 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 end device or user name. Users can also be software programs, routines or similar, which independently carry out data backups, queries, etc.

e. to report any change in the number of users within 30 days, if the number of users agreed in the contract is exceeded. nextfiles.eu is entitled to charge the 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 (nextfiles.eu/ownCloud/Nextcloud/etc.).

f. to ensure compliance with statutory regulations and official requirements, insofar as these should be relevant for participation in the Provider Network at present or in the future;

g. to take into account and comply with the applicable provisions of data protection and the recognized principles of data security;

h. to use the services in such a way that the server, scripts, programs and apps are not overloaded. The Systems are designed for normal, average usage based on the pre-installed state of delivery (the Cloud). As a benchmark for average usage/load, twice the average value of all users on the server system is used here - based on the respective usage/load/function/application/cloud.

i. to immediately report any defects or damage recognizable to the Provider (fault reports) and to take all measures to enable the defects or damage and their causes to be determined or to facilitate and accelerate the elimination of the fault;

j. after submission of a fault report by the Provider, to reimburse the expenses incurred by the inspection of its facilities if and to the extent that it becomes apparent after the inspection that a fault occurred within the Customer's area of responsibility (outside the defined scope of the contract and services).
2. if the customer violates the duties mentioned in paragraph 1.b), the provider is entitled to terminate the contractual relationship without notice immediately after unsuccessful warning (in serious or urgent cases also without prior warning ).
(3) Details of the interaction of the users among each other can be agreed upon in partnership by means of user rules.
4. in all other cases the provider is authorized to terminate the contract with a notice period of 10 days and/or to interrupt/block the access to the services resulting from the scope of services or to restrict certain services completely or partly with immediate effect in case of a violation of the customer in the manner described there.
5. the customer is obliged to create backup copies of all data, which he transfers to the storage space available to him from the provider (backup copies). The Customer shall save these backup copies on data carriers that are not physically located at the Provider. He will also regularly update his backup.
6. all data backups (e.g. for servers, hosting packages, SaaS, cloud and other services) shall be made by the Customer itself. The Provider shall create backups of Customer data, files, etc. only against a separate written contract subject to a fee.
7. Valid only for Free Version: only one free cloud is permitted per person. Commercial use - even partial - is only allowed for testing purposes. Your nextfiles.eu is activated for three months at a time. After that, simply log in to our customer area to use the nextfiles.eu for another three months. If you have not logged into our customer area for more than six months, we reserve the right to terminate the contract.


§ 7 Use by third parties

1. direct or (un)indirect use of the provider services by third parties is only allowed after explicit permission. The customer may use the services for his own purposes, but may not resell, sublet or provide them free of charge to third parties.This does not apply to use of the services by persons employed in the customer's business or for such persons who live with the customer in a domestic community.If the use by third parties is permitted, the customer must properly instruct them in the use of the services.
2. the customer shall also pay the charges incurred by third parties within the scope of the access and use options made available to him. The same shall apply in the event of unauthorized use of the Services by third parties, unless the Customer proves that the unauthorized use was caused by circumvention or cancellation of the Provider's security devices for which the Customer is not responsible.

§ 8 Terms of payment


(1) Unless otherwise contractually agreed, the Provider shall invoice the Customer for the agreed services at the applicable rates or fees and conditions, including the applicable statutory value-added tax. Fixed charges shall be invoiced monthly in advance, consumption-based charges at the beginning of the following month. The respective fees shall be due for immediate payment without deduction upon invoicing. The invoice amount must be credited to the Provider's account within ten days of receipt of the invoice. 2.
2. if the remuneration is to be paid for parts of a calendar month independent of consumption, these shall be charged at 1/30 of the monthly remuneration for each day.
3. cash payments, check payments are not possible.
4. prepaid credit paid in by the customer (credit deposit to be offset against future bills due) shall be refunded at the customer's request, the refund shall be made by the same method as the payment was made.

The following costs shall be borne by the customer in the event of a refund and shall be deducted from the amount paid out and the credit balance:

a. All fees from the payment provider incurred during the deposit and charged to us (the last payment transactions of the customer until the credit balance is reached are taken into account).

b. A one-time processing fee of five euros.

c. Any fees from the payment provider for the payout.

The prepaid credit does not expire and can be used for our offers and services.
5. payments are only possible with the payment gateways provided in the customer area (eg: Paypal, credit card, bank transfer, etc.). Cash payments, check payments are not possible. If the customer uses the payment option via the provided payment gateways (all payment gateways - except bank transfer), he will be redirected via hyperlink to the corresponding website. We point out that further personal data is collected, processed and used here. The terms of use and data protection of the selected payment provider apply exclusively. To ensure that these provisions are up to date, you will find a direct link to the payment provider's website below.

- Micropayment/immediate transfer GTC Data protection

- Paypal AGB Privacy

- 2CheckOut AGB Privacy

- Stripe AGB Privacy

§ 9 Right of set-off and retention, liability


1. the supplier is liable in cases of intent or gross negligence according to the legal regulations. The liability for guarantees is dependent on fault. For slight negligence, the provider is liable exclusively under the provisions of the Product Liability Act, for injury to life, limb or health or for breach of fundamental contractual obligations. The claim for damages for the slightly negligent breach of essential contractual obligations is, however, limited to the contract-typical, foreseeable damage, unless there is liability for injury to life, limb or health. The Provider shall be liable to the same extent for the fault of vicarious agents and representatives.
The provision of the preceding paragraph (9.1) extends to damages in addition to performance, damages in lieu of performance and claims for reimbursement of expenses incurred in vain, regardless of the legal basis, including liability for defects, delay or impossibility. 3.
The customer may only set off undisputed or legally established claims against the provider's claims. The customer is entitled to assert a right of retention only because of such counterclaims that result from the same contractual relationship as those claims against which the right of retention.
4. claims for damages due to delivery and service disruptions are excluded, unless these are the fault of the provider due to intent or gross negligence.
5. if the provider falls below the availability of its services of <90% on an annual average, the customer is entitled to reduce the monthly fees and charges accordingly from the time of occurrence until the hindrance ceases. A significant impediment shall be deemed to exist if
1. the customer can no longer access the provider infrastructure for reasons for which the customer is not responsible or for which third parties are responsible, and thus can no longer use the services listed in the contract, and

2. the use of these services as a whole is significantly impeded or the use of individual services listed in the contract becomes impossible or comparable restrictions exist.

6. in the event of failure of services due to a disruption outside the responsibility of the Provider, the reduction shall be excluded. The same applies to the failure of services due to necessary business interruptions according to § 11 of these General Terms and Conditions.
7. the offers and services of nextfiles.eu are based on OpenSource Software. For the errors or defects in the OpenSource software (server and client software) and their consequences nextfiles.eu is not liable and is expressly exempted by the customer from any liability (including third parties).
8. if the customer has not made a separate chargeable and written data backup agreement with the provider, the customer bears in case of a data loss (eg: Due to a hard disk error, file system error, software or operating error) all expenses for the recovery, replacement, retransmission, etc. of the corresponding data itself. The provider is expressly exempted from any liability (also towards third parties) by the customer.

§ 10 Payment and default of payment 1. In the event of default of payment, the provider is entitled to demand interest on arrears in the recommended amount for commercial transactions: 8% above the respective statutory base interest rate pa. If the provider is able to prove a higher damage caused by delay, he is entitled to claim the damage. The customer is entitled to prove to the provider that no damage or a significantly lower damage was incurred as a result of the default in payment. 2. The provider can terminate the contractual relationship extraordinarily without notice or assert a right of retention to the services incumbent on it - in particular the retrieval of the domains, the connection of the server to the network or the customer's line connection - if the latter refuses to pay the amounts owed are in arrears in whole or in part for more than one month, the provider has reminded the customer, setting a deadline, and has pointed out the possible consequences of the termination and the right of retention. 3. In the case of due claims based on the services of § 3.8 and § 6.1 cd, the provider can block the corresponding main package until the corresponding invoice has been settled. A (proportional) refund or extension of the term due to the blocking is excluded. The provider can also offset his claims against (other) already paid services or invoices of the customer and, if necessary, also correspondingly shorten already paid terms. 4. The provider reserves the right to assert further legal claims. § 11 Availability of the services 1. The provider offers its services 24 hours a day, 7 days a week. Any downtime necessary for preventive maintenance work will be announced as early as possible. The provider will eliminate faults in its technical equipment within the scope of the existing technical and operational possibilities as quickly as possible and at a time that is convenient for the customer, for example at night.§ 12 Data protection The website data protection declaration and at the same time information for those affected in accordance with Article 13 and Article 14 of the EU General Data Protection Regulation can be found here and is part of the contract. § 13. Final provisions 1. The place of performance is at the provider's registered office. Exclusive place of jurisdiction for all claims arising from and based on this contract, including actions on checks and bills of exchange, as well as all disputes arising between the parties regarding the formation, processing or termination of the contract - insofar as the customer is a merchant, a legal entity under public law or public legal special fund is - the seat of the provider. 2. The law of the Federal Republic of Germany applies exclusively to this contract. 3. The legal successors of the provider-customer are also bound by the obligations arising from contracts concluded on the basis of these terms and conditions. 4. Should one or more provisions of this agreement be or become invalid/incomplete, this shall not affect the validity of the remaining provisions.These terms and conditions are also part of the contract with the provider: * Price list Instructions on cancellation for consumers Instructions on cancellation Right of cancellation You have the right to cancel this contract within fourteen days without giving a reason. The cancellation period is fourteen days from the day the contract was concluded. In order to exercise your right of withdrawal, you must send us a clear statement (e.g. a letter sent by post or an e-mail) to Mehrtens, Am Hagen 15, 28790 Schwanewede, info@nextfiles.eu, telephone +49 421 167605600 to revoke the contract. You can use the attached sample revocation form for this, but this is not mandatory. To meet the cancellation deadline, it is sufficient for you to send the communication regarding your exercise of the right of cancellation before the cancellation period has expired. Consequences of the revocation If you revoke this contract, we have all payments that we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you use a different type of delivery than the one offered by us, have chosen the cheapest standard delivery) immediately and at the latest within fourteen days from the day on which we received the notification of your cancellation of this contract. For this repayment, we use the same means of payment that you used in the original transaction, unless something else was expressly agreed with you; under no circumstances will you be charged fees for this repayment. If you have requested that the services should begin during the cancellation period, you must pay us a reasonable amount that corresponds to the proportion of the services already provided up to the point in time at which you informed us of the exercise of the right of cancellation with regard to this contract compared to the total scope of the services provided for in the contract. End of the cancellation policy [ Download model cancellation form ]