Terms of Service

These Terms and Conditions govern the contractual relationship between InstantNode and its customers for hosting, server, infrastructure, software and related digital services. Individual agreements take precedence over these Terms.

1. Scope and Contracting Parties

These Terms apply to all prepaid bookings, balance top-ups and service orders placed via the website, the customer account or otherwise through distance selling with InstantNode. The mere registration of a customer account does not create any subscription obligation or minimum-term contract; what is decisive are the individual services booked and financed from balance in each case. Consumers within the meaning of these Terms are natural persons who enter into a legal transaction for purposes that are predominantly outside their trade, business or profession. Entrepreneurs are natural or legal persons or partnerships with legal capacity who, when entering into the contract, act in the exercise of their trade, business or profession.

2. Conclusion of Contract

The presentation of services on the website does not constitute a legally binding offer, but an invitation to place an order. With each balance top-up or service booking, the customer submits an offer for an individual prepaid booking. A contract is only concluded once InstantNode expressly confirms the order, activates the account, provides the service or begins performing the service. InstantNode may decline orders where legitimate reasons exist, in particular in the case of incorrect customer data, suspected misuse or technical unavailability.

3. Services

The nature and scope of the services owed result from the service description in the order process, the agreed specifications and any individual supplementary agreements. The panel operates as a prepaid system: external payments serve to top up the panel balance; booked services are then charged against the existing balance according to the rate shown in each case. Unless expressly promised in writing, InstantNode owes no particular economic outcome, no permanently uninterrupted availability and no suitability for any special purpose assumed by the customer.

Maintenance, security updates, technical adjustments and reasonable changes to services remain reserved, provided that the purpose of the contract is not unreasonably impaired thereby and mandatory consumer law remains unaffected.

4. Customer Account, Duties to Cooperate and Account Security

The customer is obliged to provide complete and accurate information during the order process and to update it without undue delay in the event of changes.

The customer is solely responsible for the security of their customer account. This includes in particular choosing a strong, non-reused password, treating all access credentials confidentially, and activating the security features available in the panel, in particular two-factor authentication (2FA). The same applies to third-party accounts (e.g. Discord, Google, GitHub) that the customer links to their InstantNode account or uses for login; the customer must also establish and keep up to date appropriate security measures there.

The customer is liable for all actions, orders and balance consumption initiated via their account, insofar as they are responsible for the misuse. InstantNode is not liable for unauthorized access resulting from a breach of the foregoing security obligations by the customer, in particular in the case of weak or reused passwords, 2FA not being activated, compromise of linked third-party accounts, or disclosure of access credentials. In such cases there is no claim to a refund of balance already consumed or services already rendered. Mandatory statutory liability provisions, in particular under Section 8, remain unaffected.

The customer must report any suspicion of unauthorized access to InstantNode without undue delay after becoming aware of it (e.g. via a ticket in the panel or to [email protected]), so that appropriate protective measures can be taken.

The customer is furthermore obliged to use their systems and content in such a way that no third-party rights, statutory prohibitions or security interests of InstantNode or third parties are violated. In particular, unlawful content, attacks on systems, spam, malware, circumvention of technical protective measures, and use contrary to agreed resource or license limits are prohibited.

5. Prices and Payment Terms

The prices shown at the time of the order apply. Because the small-business regulation under § 19 of the German VAT Act (UStG) applies, no value-added tax is charged or shown separately. InstantNode generally offers services as prepaid services; provision therefore regularly takes place only after a successful balance top-up or where sufficient balance coverage exists. Details on due dates, accepted means of payment, charging of the panel balance, suspension in the event of insufficient coverage, and refunds are set out in the separate Payment Terms, which form part of these Terms.

6. Term, Renewal and Termination

The service applies in each case for the usage period booked or financed from the panel balance. For ongoing services, continuation or renewal can be funded from the available balance if an auto-renew function is activated for the respective product. If no renewal is activated or if insufficient balance is available when due, the service may be restricted, suspended or terminated after the paid period or a technically provided grace period has elapsed.

The right to extraordinary termination for good cause remains unaffected for both parties. Good cause exists for InstantNode in particular where the customer breaches these Terms or, through their use, endangers the security, integrity or availability of the systems.

7. Suspension and Restriction of Services

InstantNode may temporarily suspend or restrict services where this is necessary to avert danger, to remedy technical disruptions, to comply with statutory obligations, or because of a material breach of contract. Where reasonable, the customer will be informed in advance. In cases of imminent danger, immediate suspension is permitted.

8. Warranty and Liability

The statutory rights regarding defects apply. InstantNode is liable for damages without limitation in cases of intent, gross negligence, injury to life, body or health, under the German Product Liability Act, and in cases where a guarantee has been assumed.

In the case of slightly negligent breach of a material contractual obligation, liability is limited to the foreseeable damage typical for the contract. Material contractual obligations are those whose fulfilment makes the proper performance of the contract possible in the first place and on whose compliance the customer may regularly rely. In all other respects, liability for slight negligence is excluded. Mandatory statutory rights of consumers and the provisions for digital products remain unaffected.

9. Indemnification

The customer indemnifies InstantNode against claims by third parties that are based on an unlawful or contract-breaching use of the services by the customer, insofar as the customer is responsible for the breach of duty. This also includes the necessary costs of a reasonable legal defense. The customer will be informed without undue delay of any claims asserted, insofar as this is legally permissible and actually possible.

10. Data Protection and Data Backup

The processing of personal data is governed by the separate Privacy Policy. Unless expressly agreed otherwise, the customer remains responsible for the regular backup of their own data. InstantNode recommends setting up your own, verifiable backups.

11. Right of Withdrawal for Consumers

Insofar as consumers are entitled to a right of withdrawal by law, only the mandatory statutory provisions apply. Details on this may be provided separately. For services already used, digital content or balance already consumed, the statutory restrictions and conditions apply, in particular where performance of the service has expressly begun before the withdrawal period has expired.

12. Final Provisions

The law of the Federal Republic of Germany applies, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. Vis-à-vis consumers, this choice of law applies only insofar as the protection afforded by mandatory provisions of the law of the consumer's habitual residence is not thereby withdrawn. If the customer is a merchant, a legal person under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the registered office of InstantNode. Mandatory statutory places of jurisdiction remain unaffected.

Should individual provisions of these Terms be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected. The statutory provisions apply in place of the invalid provision.