Terms of Service

(1)These Terms apply to all contracts between Dominic Stilma, Friedhofsweg 10, 49843 Uelsen, Germany ("Provider") and his customers ("Customer") for the services offered at headpat.space.

(2)Consumer within the meaning of these Terms is any natural person who enters into a legal transaction for purposes that are predominantly outside their trade, business or profession (§ 13 of the German Civil Code, BGB). Entrepreneur is any natural or legal person or partnership with legal capacity who, when entering into a legal transaction, acts in the exercise of their trade, business or profession (§ 14 BGB).

(3)Conflicting, deviating or supplementary terms of the Customer shall only become part of the contract if and to the extent that the Provider has expressly agreed to them in writing.

(4)The version of these Terms applicable at the time the contract is concluded shall govern.

(1)The presentation of services on the website does not constitute a legally binding offer but a non-binding invitation to the Customer to place an order.

(2)By submitting the order, the Customer makes a binding offer to conclude a contract for the selected services. The Provider will confirm receipt of the order without delay by email; this acknowledgement does not yet constitute acceptance of the contract.

(3)The contract is concluded upon the Provider's express acceptance (order confirmation or provision of the service), but at the latest upon execution of the ordered service.

(4)The contract language is German. English and Dutch translations of these Terms are provided for convenience; the German version is authoritative. The contract text is stored by the Provider; the Customer receives the information relevant for the conclusion of the contract, including these Terms, by email.

(1)The Provider performs the services agreed in each individual contract. Details follow from the service description in the order process and from the service-specific provisions in Part B of these Terms.

(2)The Provider uses qualified third parties to perform its services (in particular domain registrars, data centers, manufacturers and their distribution partners). Where the Provider resells third-party services, the respective end-user terms of those third parties apply additionally and are referenced in the order process.

(3)Service availability of 100 % is technically not achievable. The Provider endeavors to ensure the highest possible availability; deviating service levels apply only where expressly agreed in writing.

(4)Email hosting is provided on Microsoft 365 infrastructure under the Microsoft CSP program. The provisions on Microsoft services in Part B of these Terms apply additionally, including the seven-calendar-day cancellation window set out there.

(1)The Customer shall provide truthful, complete and current information about themselves or their company at registration and throughout the term of the contract, and shall notify any changes without delay. This applies in particular to data required for domain registration.

(2)The Customer shall keep access credentials and passwords secure and protect them from access by third parties. Any suspicion of misuse shall be reported to the Provider without delay.

(3)The Customer warrants not to use the services for unlawful purposes. In particular, the storage or distribution of unlawful content, the sending of spam, attacks on third-party systems, the operation of phishing or malware services, copyright infringements, and any use that violates the Acceptable Use Policy of our upstream providers are prohibited.

(4)The Customer shall indemnify the Provider against all claims that third parties assert against the Provider on the basis of a breach of duty for which the Customer is responsible.

(1)The prices stated in the order process at the time of contract conclusion shall apply. The Provider is a small business (Kleinunternehmer) pursuant to § 19 UStG and therefore does not show VAT.

(2)Unless otherwise agreed, services are payable in advance. Payment is made via the payment methods offered in the order process; payment processing is carried out by the payment service provider Stripe.

(3)In the event of default in payment, the Provider is entitled to temporarily suspend the affected services after a reasonable prior reminder. Domains for which renewal fees are not paid on time may expire according to the rules of the relevant registry; any resulting damage shall be borne by the Customer.

(4)The Provider may adjust prices, in particular if purchase prices from upstream suppliers or registries change. Price changes are announced to the Customer by email at least six weeks in advance and take effect only at the start of a future billing period. The Customer may terminate the contract extraordinarily with effect from the date the price change takes effect.

(5)Plan changes. Upgrades take effect immediately; the price difference for the remainder of the current billing period is calculated pro rata and charged immediately. Downgrades take effect at the start of the next billing period.

(1)Unless otherwise agreed in the individual contract, services are billed in monthly billing periods. The contract automatically renews for one further month at a time unless it is terminated.

(2)The Customer may terminate the contract at any time via the customer panel. The termination takes effect at the end of the current billing period and can be undone in the panel until it takes effect. Fees already paid for the current billing period are not refunded pro rata in the event of ordinary termination.

(3)For contracts with consumers concluded by electronic means, termination may be effected via the cancellation button in the customer account ("Verträge hier kündigen", § 312k BGB). Termination in text form to contact@headpat.space is also possible.

(4)The right to extraordinary termination for cause remains unaffected. Cause exists for the Provider in particular if the Customer seriously or repeatedly breaches the duties under § 4 of these Terms or initiates payments fraudulently. Upon extraordinary termination for cause, the affected services are deactivated immediately; fees already paid for the remaining billing period are not refunded, to the extent legally permissible.

(5)After the contract ends, the Customer's data is deleted after 30 days, unless statutory retention obligations apply.

(6)Domains are registered for a term of one year and renew for one further year at a time. They may be cancelled with effect from the end of the current registration year; the deadlines of the relevant registry apply additionally. The Provider will notify the Customer in good time before expiry of the upcoming renewal. Registration fees already paid are not refunded pro rata in the event of ordinary termination.

(1)Consumers have a statutory right of withdrawal in accordance with the instructions below. These provisions do not apply to entrepreneurs.

(2)Early expiry of the right of withdrawal. The right of withdrawal expires for service contracts with full performance when the Provider has begun execution of the service after the consumer has expressly consented and confirmed knowledge that they will lose their right of withdrawal upon full performance of the contract (§ 356(4) BGB).

(3)In the order process, consent to immediate commencement of performance is obtained for all instantly provisioned services (in particular virtual machines, containers, applications, game servers, email services, domains and Microsoft licenses). If the consumer withdraws in that case, they owe compensation for the service already provided up to the withdrawal, calculated pro rata for the period already elapsed (Wertersatz, § 357a BGB).

(4)For the registration of domains and the activation of Microsoft licenses, the right of withdrawal expires upon full performance (completed registration or activated license), provided the aforementioned consent was given (§ 356(4)-(5) BGB).

(5)Withdrawal may also be declared via the customer panel (self-service refund function).

(6)Automated processing of refunds and withdrawals may be subject to review in case of unusual patterns (e.g. repeated purchase-and-withdrawal cycles). In such cases, processing is carried out manually and within the statutory deadlines. Statutory rights remain unaffected.

(1)The Provider has unlimited liability for intent and gross negligence and for damages arising from injury to life, body or health.

(2)In the case of slight negligence, the Provider is liable only for a breach of a material contractual obligation (cardinal duty), the fulfillment of which makes the proper performance of the contract possible in the first place and on the observance of which the Customer may regularly rely. Liability in this case is limited to the damage foreseeable at the time the contract was concluded and typical for the contract.

(3)Any further liability of the Provider is excluded. Liability under the Product Liability Act and for breach of explicit warranties remains unaffected.

(4)The Provider is liable for data loss only to the extent that the loss would have occurred even with proper data backup by the Customer. The Customer is responsible for their own data backups, unless a data backup service is expressly owed by the Provider under the contract.

(1)The processing of personal data is carried out in accordance with applicable data protection laws, in particular the GDPR and the BDSG. Details can be found in the Provider's privacy policy.

(2)Where the Provider processes personal data on behalf of the Customer in the context of individual services (in particular when hosting applications and virtual machines and for Microsoft 365 tenants), the parties shall enter into a separate data processing agreement under Art. 28 GDPR.

The Provider is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board.

The European Online Dispute Resolution (ODR) platform was discontinued on 20 July 2025; a reference to the platform is therefore no longer required.

(1)The laws of the Federal Republic of Germany apply, to the exclusion of the UN Convention on Contracts for the International Sale of Goods. For consumers habitually resident in another state, mandatory consumer-protection provisions of their state of residence remain unaffected.

(2)If the Customer 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 the Provider's place of business. The Provider is entitled to sue the Customer at their general place of jurisdiction as well.

(3)Changes to these Terms will be communicated to the Customer in text form. They shall be deemed approved if the Customer does not object in text form within six weeks after receipt of the notification. The Provider will draw the Customer's attention to this consequence separately in the notification of change.

(4)Should individual provisions of these Terms be or become invalid, the validity of the remaining provisions shall not be affected.