Terms of Service

This is an informational English translation. The German version is authoritative; in the event of any discrepancy, the German text prevails.

The provider of the services offered via 20tps is Kembel Entertainment UG (haftungsbeschränkt), Otto-Wels-Straße 2B, 52477 Alsdorf, Germany (the "Provider"). Full provider details are set out in the Legal Notice.

§ 1 Scope and contracting parties

(1) These Terms and Conditions apply to all contracts concluded between the Provider and the customer via the 20tps platform, in particular the provision of game and other servers on a prepaid basis.

(2) A consumer is any natural person who concludes the contract for purposes that are predominantly outside their trade, business or profession (§ 13 German Civil Code, BGB). An entrepreneur is a natural or legal person or a partnership with legal capacity who, when concluding the contract, acts in the exercise of their trade, business or profession (§ 14 BGB).

(3) Deviating, conflicting or supplementary terms of the customer do not become part of the contract unless the Provider expressly agrees to their application.

§ 2 Registration and customer account

(1) Use of the services requires a customer account. On registration, the customer provides truthful and complete information and keeps it up to date.

(2) The customer keeps their access credentials confidential and does not pass them on to third parties. They are responsible for all activity carried out via their account insofar as they are accountable for it. Any suspicion of unauthorised access must be reported to the Provider without undue delay.

(3) Minors may only conclude a contract with the prior consent of their legal guardians. The Provider may require proof of such consent and of age, and may restrict or suspend the account until it is provided.

§ 3 Conclusion of contract

(1) The presentation of products and plans on the platform does not constitute a binding offer but an invitation to order.

(2) By completing the order process, the customer submits a binding offer to conclude a contract. The contract is concluded upon provisioning of the service or upon express confirmation by the Provider. An automated acknowledgement of receipt does not constitute acceptance.

(3) The performance and communication of the contract is largely automated by email. The customer ensures that the email address they provide is correct and can receive messages from the Provider.

§ 4 Scope of services, technical adjustments, maintenance

(1) The Provider makes server capacity and related features available to the customer according to the selected plan (including provisioning, management, console, network connectivity and the services described in the respective plan). The specific scope follows from the product and plan description at the time of order.

(2) The data transmission owed is limited to the route between the point at which the network used by the Provider connects to the internet and the provided server. The Provider has no influence over the internet beyond that.

(3) The Provider may adjust, further develop or replace services with equivalent ones in the course of technical development, insofar as this is reasonable for the customer. For consumers, changes to digital services are subject to § 327r BGB (valid reason, notification of the customer).

(4) The Provider may carry out necessary maintenance, security and servicing work at any time, where possible with advance notice. Announced or reasonable short-term maintenance interruptions do not count as downtime and give rise to no claims for reduction, refund or damages.

(5) There is no entitlement to a specific IP address. The Provider may change or reassign IP addresses for technical, organisational or legal reasons.

§ 5 Availability

(1) The Provider strives for high availability of the services and aims for an average network availability of 99.9% on a monthly average. This is a best-efforts commitment and not a fixed availability guarantee with a flat-rate credit.

(2) Excluded from the availability calculation are periods outside the Provider's control (in particular force majeure, third-party disruptions, attacks on the infrastructure) as well as announced or reasonable maintenance windows under § 4 (4).

§ 6 Prices, prepaid balance and payment

(1) Billing is based on a prepaid balance. The customer tops up their account; the fees for the booked services are offset against the balance. An order requires sufficient balance.

(2) The fee for a booked service is due upon order (advance payment). All prices are final prices and include the applicable statutory VAT unless stated otherwise. Top-ups and other external payments are processed via Stripe. When the customer selects “Save payment method” or adds a payment method in their account, they instruct the Provider to use the payment-method reference stored by Stripe for later payments initiated by them and, where automatic renewal is enabled, for off-session charges. The amount payable is shown before an interactive payment.

(3) Topped-up balance may only be used to pay for the Provider's services. It is not transferable to other accounts and – subject to mandatory statutory refund claims – is not paid out in money. Any separately granted bonus or voucher balance is always earmarked, non-payable and non-transferable.

(4) Expiry of balance: A topped-up amount expires at the end of the third calendar year following the year of top-up; the corresponding account item is then removed from the overview. This provision is based on the standard limitation period of §§ 195, 199 BGB.

(5) If the customer is in default of payment, the Provider may, after prior notice and a reasonable period, suspend the affected service and – in case of continued default – terminate it and delete the associated data. Consumers are given separate advance warning before deletion.

§ 7 Term, automatic renewal and termination

(1) Services are booked for the term selected during checkout (e.g. 30, 180 or 360 days). The contract for a service runs for the booked prepaid period and ends automatically upon its expiry unless a renewal takes place. No separate termination is required for this.

(2) If automatic renewal is enabled, the Provider attempts to renew the service for the same term upon expiry. The fee is paid from available balance and, where necessary and configured by the customer, charged to the selected saved payment method. If the payment provider requires additional customer authentication (for example 3-D Secure), the automatic renewal is not completed without that confirmation; the customer is asked to authenticate or renew manually.

The customer can disable automatic renewal at any time with effect for the next renewal. They can remove a saved payment method and thereby revoke the payment instruction for future charges. Removing a method linked to a service disables automatic renewal for that service. Payments already initiated remain unaffected.

(3) If a service expires without being renewed, it is suspended (standby) after expiry and remains restorable for a transitional period of seven days; settings are retained during this time. After the transitional period, the service and associated data are permanently deleted and any allocated resources (e.g. IP addresses) are released.

(4) The right to extraordinary termination for good cause remains unaffected for both parties. Good cause for the Provider exists in particular in the case of serious or repeated breaches of § 8.

§ 8 Customer obligations and acceptable use

(1) The customer uses the services within the framework of the law and these Terms. They are responsible for the content and actions placed by them and their users (in particular players on their servers). A breach by a user of the customer is deemed a breach by the customer.

(2) The following are prohibited in particular:

storing, providing or distributing unlawful content, namely content harmful to minors, glorifying violence, extremist, inciting hatred, pornographic or infringing personality rights, as well as depictions of child sexual abuse;
infringing the copyrights, trademarks, name or other protective rights of third parties, including hosting or distributing unlicensed software, games, modpacks or content;
sending spam or unsolicited advertising, or concealing sender or identity data;
operating or distributing malware, cheats, hacks or exploits;
carrying out or participating in attacks on third-party systems, in particular DoS/DDoS attacks, port scans or open mail relays;
mining cryptocurrencies and comparable, primarily compute-intensive workloads (mining, farming, plotting) without the Provider's prior express consent;
storing files unrelated to the service, artificially inflating file sizes, and placing backups within the server files to an extent that circumvents the storage allocation.

(3) Fair use of resources: The booked resources must be used proportionately. Sustained utilisation significantly exceeding the booked scope (in particular of CPU, memory, disk I/O or network) over a longer continuous period is deemed excessive use. The Provider will usually notify the customer first and may, in case of continued or significant impairment of other customers or the infrastructure, throttle, adjust or suspend the affected service.

(4) The Provider uses automated monitoring systems to maintain operations and is entitled to take automated measures (throttling, suspension, removal of affected files) in the event of detected abuse.

§ 9 Suspension and measures in case of abuse

(1) Where there is a justified suspicion of a breach of § 8, of a threat to the security or functionality of the infrastructure, or of an infringement of the law, the Provider is entitled to suspend or throttle the affected service or remove associated content, and, in urgent cases, also without prior hearing. The Provider will inform the customer of the measure and, where possible and reasonable, give them the opportunity to comment.

(2) For the duration of a justified suspension, the customer has no claims to refund, balance credit, renewal or restoration of data.

§ 10 Data backup

(1) The customer is responsible for regularly backing up their data outside the provided server. Before making changes that risk data loss, they must create a full backup.

(2) Any backup functions provided by the Provider are an additional, free goodwill service. There is no entitlement to the Provider retaining or restoring backups.

§ 11 Liability

(1) The Provider is liable without limitation for damage arising from injury to life, body or health, for damage based on intent or gross negligence, and under the Product Liability Act.

(2) In the case of simple negligence, the Provider is liable only for the breach of a material contractual obligation (cardinal obligation) whose fulfilment makes the proper performance of the contract possible in the first place and on whose observance the customer may regularly rely. In this case, liability is limited to the foreseeable damage typical for the contract at the time of conclusion, and in amount to at most the fee paid for the current prepaid period of the affected service.

(3) Otherwise, liability is excluded. This also applies to the personal liability of the Provider's legal representatives and vicarious agents.

(4) For loss of data, the Provider is liable in accordance with the above paragraphs only to the extent that the damage would also have occurred had the customer carried out proper, regular data backup (§ 10).

§ 12 Indemnification

If the customer breaches § 8 or otherwise uses the services unlawfully or in breach of contract, they indemnify the Provider against all third-party claims asserted against the Provider on account of such use, including the reasonable costs of legal defence.

§ 13 Right of withdrawal for consumers

Consumers have a statutory right of withdrawal.

Withdrawal instruction

Right of withdrawal. You have the right to withdraw from this contract within fourteen days without giving any reason, from the day of conclusion of the contract. To exercise your right of withdrawal, you must inform us (Kembel Entertainment UG (haftungsbeschränkt), Otto-Wels-Straße 2B, 52477 Alsdorf, contact details see Legal Notice) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or an email). You may use the model withdrawal form below, but it is not obligatory. To meet the withdrawal deadline, it is sufficient for you to send your communication concerning the exercise of the right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal. If you withdraw from this contract, we shall reimburse all payments received from you without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal. We will use the same means of payment that you used for the original transaction unless expressly agreed otherwise; in no case will you be charged any fees for this reimbursement.

Compensation for value on immediate commencement. Because the booked service is provided and made usable immediately after the order at your request, performance begins during the withdrawal period. If you withdraw from the contract, you owe us compensation for the value of the portion of the service already provided up to receipt of the withdrawal; this portion is calculated on a pro-rata time basis. We will refund you the amount attributable to the period not yet used. We do not assert a complete expiry of your right of withdrawal.

Model withdrawal form

(If you wish to withdraw from the contract, please complete this form and return it.)

To: Kembel Entertainment UG (haftungsbeschränkt), Otto-Wels-Straße 2B, 52477 Alsdorf, Germany, email: (see Legal Notice)
I/we (*) hereby withdraw from the contract concluded by me/us (*) for the provision of the following service (*)
Ordered on (*)
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only for notification on paper)
Date

(*) Delete as applicable.

§ 14 Notice-and-action procedure for illegal content

(1) Allegedly illegal content may be reported to [email protected]. The Provider reviews incoming reports promptly and objectively. In the case of confirmed breaches, it takes appropriate measures (in particular suspension, removal or account closure) and informs those affected to the extent legally required. This provision serves to implement Regulation (EU) 2022/2065 (Digital Services Act). The separate points of contact for authorities under Regulations (EU) 2021/784 and (EU) 2022/2065 are set out in the Legal Notice.

(2) The Provider removes content officially classified as terrorist in accordance with Regulation (EU) 2021/784 within the statutory deadline.

§ 15 Amendments to these Terms

(1) The Provider may amend these Terms with effect for the future, provided there is an objective reason (in particular changes in the law or in supreme court case law, technical or economic adjustments) and the amendment does not unreasonably disadvantage the customer.

(2) Amendments are communicated to the customer in text form. If the customer does not object within six weeks of receipt of the notification, the amendments are deemed accepted; the customer is expressly informed of this in the notification. If the customer objects in time, the Provider may terminate the affected continuing obligation with a period of 14 calendar days to the end of a term.

(3) Paragraph 2 applies accordingly to price changes; they take effect only for future bookings and renewals.

§ 16 Final provisions

(1) The law of the Federal Republic of Germany applies, excluding the UN Convention on Contracts for the International Sale of Goods. Mandatory consumer protection provisions of the state in which the consumer has their habitual residence remain unaffected.

(2) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction is the Provider's registered office. The statutory place of jurisdiction applies to consumers.

(3) The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board (§ 36 VSBG).

(4) Should individual provisions of these Terms be or become wholly or partially invalid, the validity of the remaining provisions remains unaffected.