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Terms and Conditions

08/11/2026

These terms set out what we do for you and what we expect from you. In short: we provide you with a game server, you pay in advance and follow the acceptable use policy. There is no minimum contract term and no automatic charging.

1. Who you are contracting with, and scope

Your contracting party is Drazen Bebic, trading as "mcbalkan.xyz", Heiligenstädter Straße 81–87/3/69, 1190 Vienna, Austria (referred to below as "mcbalkan.xyz", "we" or "us"). Contact: support@mcbalkan.xyz.

These terms apply to all contracts for the provision of game servers and related services concluded through mcbalkan.xyz. Different terms proposed by the customer apply only if we have expressly agreed to them in writing.

The following apply in addition:

  • the Acceptable Use Policy, which sets out what is permitted on our servers,
  • the Right of Withdrawal notice, which describes your statutory right to withdraw,
  • the Data Processing Agreement, where personal data of other people is processed on your server,
  • the Privacy Policy.

Where they conflict with these terms, the Acceptable Use Policy and the Right of Withdrawal notice take precedence.

2. What we provide

We rent out virtual game servers. Which games, plans and add-ons are available at any time is set out in the current offering on our website; the offering changes continuously and does not form part of these terms.

The service includes in particular:

  • a server with the resources stated in your chosen plan (memory, storage, CPU share),
  • a customer portal for managing the server (start, stop, console, files, backups, schedules, databases),
  • connectivity in a German data centre with DDoS protection that filters traffic upstream before it reaches your server,
  • support through our support channels.

Servers are located in data centres in Germany. Which site and which hardware an individual server runs on is decided by us based on available capacity; there is no entitlement to a particular location, particular hardware or a particular latency. The sub-processors we use and their locations are named in our Privacy Policy.

We are not affiliated with the makers of the games we offer servers for, and we do not act on their behalf. All game, brand and product names belong to their respective rights holders.

3. Formation of the contract

The contract is concluded when you order a server in the customer portal and we accept the order by provisioning the server. The display of plans on the website is not a binding offer but an invitation to order.

A customer account is required. To open an account and conclude a contract you must be at least 18 years old and have full legal capacity. Younger people are of course welcome to use a server — but the contracting party and account holder must be an adult who takes responsibility for that use.

Provisioning normally happens within a few minutes of completing the order, provided the account holds sufficient credit.

4. Free test and beta phase

For as long as we operate a test or beta phase, servers may be provided wholly or partly free of charge. For such servers:

  • There is no entitlement to provisioning, availability, data retention or support.
  • We may change, suspend or discontinue them at any time without prior notice.
  • There is no statutory right of withdrawal, because there is no payment obligation on your side.
  • All other provisions of these terms, and in particular the Acceptable Use Policy, apply unchanged.

A free server only becomes a paid contract if you expressly ask for that.

5. Prices, credit and payment

Prices. All prices shown are final prices and apply to every customer regardless of country of residence. They include VAT where VAT applies. No surcharges, setup fees or currency adjustments are added that were not disclosed before you ordered.

Credit model. Billing runs through a credit account. You top up credit, we debit amounts as they fall due. There is no automatic charging of a card or bank account, and no tacit renewal against your wishes.

Billing. Each server and each add-on is carried as its own line item with its own billing period (monthly or yearly) and is debited from your credit in advance, at the start of that period. You receive an itemised breakdown.

Payment methods. Top-ups are made using the payment methods offered in the customer portal; payment may be handled by a payment service provider, whose terms then additionally apply to the payment transaction itself. We do not store full card or bank details.

Unused credit. Credit you have topped up but not spent does not expire and is paid back to you on request at any time. It is a prepayment, not a fee.

6. Term and termination

The contract runs for an indefinite period and renews with each billing period you pay for. There is no minimum term.

You may cancel a server at any time with effect from the end of the current billing period through the customer portal. Periods already paid for are not refunded pro rata, except in the cases covered by the Right of Withdrawal notice or where we are responsible.

We may terminate with 30 days' notice to the end of a billing period. The right to terminate for cause — in particular for serious or repeated breaches of the Acceptable Use Policy — is unaffected.

After termination you have 7 days to download your data through the customer portal. After that, the server and its data are deleted.

7. Insufficient credit

If your credit does not cover an amount that has fallen due, the following applies. We notify you by email at every step:

  • 1. Grace period — 7 days. The server keeps running. You can top up and everything continues without interruption.
  • 2. Suspension. Once the grace period expires, the server is powered off. It is no longer reachable, but your data remains fully intact and you can still get to it.
  • 3. Deletion — 30 days after suspension. If the balance is not settled, the server and all data including backups are permanently deleted.

In total you therefore have 37 days from the point your credit runs short to act. Recovery after deletion is technically impossible. If a top-up clears the shortfall, the server is released again immediately.

8. Availability, maintenance and support

We operate the platform with the care of a diligent provider and have every interest in keeping availability high. We do not, however, guarantee any particular availability figure, and there are no service credits for outages.

Maintenance and restarts, for example for security updates, are necessary. Where work can be planned we announce it in advance and schedule it in quiet periods. Where there is an acute security problem, we act immediately.

We provide support through the channels listed in the customer portal, in German, Croatian/Bosnian/Serbian and English. We aim to respond quickly but do not commit to a specific response time.

9. Your obligations

You are responsible for everything that happens on your server — including things done by people you have granted access to.

In particular:

  • You comply with the Acceptable Use Policy. It forms part of the contract.
  • You keep your access credentials confidential and tell us immediately if you suspect misuse. We recommend enabling two-factor authentication.
  • You comply with the licence terms and rules of the game in question, including the maker's requirements on commercial use if you monetise your server.
  • You ensure the content and software on your server is lawful and that you hold the necessary rights to it.
  • You keep your contact details current so we can reach you about payment or security matters.

10. Third-party content and software

Through the customer portal you can install third-party software — plugins, mods, modpacks, resource packs or compatibility layers from external sources.

This content is not ours. We did not create it, review it or license it. We simply provide a convenient way to install it. You make the choice, you accept the respective provider's licence terms, and we accept no liability for the function, security or lawfulness of that content. The same applies to data loss or instability caused by such software.

11. Servers without authentication checks

We do not prohibit running servers without the game provider's authentication check (so-called "offline mode").

If you run such a server, however:

  • You warrant that you are entitled to do so and that you comply with the game provider's licence terms.
  • You indemnify us against all claims that rights holders or third parties bring against us as a result, including reasonable legal costs.
  • We may suspend the server immediately upon a credible complaint from a rights holder.

You should also be aware that players cannot be reliably identified without an authentication check: bans are trivially circumvented, and if there is abuse on your server, attribution is effectively impossible.

12. Data protection and processing on your behalf

How we process your data is set out in our Privacy Policy.

Where personal data of other people is processed on your server — on a public server that means player names, player identifiers, IP addresses and chat logs in your server files — you are the controller under the GDPR and we are your processor. The Data Processing Agreement, concluded together with these terms, governs that relationship.

In that case you are responsible in particular for informing your players about the processing and for having an appropriate legal basis.

13. Backups

The customer portal provides a backup function, and we protect the platform in our own interest. This does not mean we take on a duty to back up your data for you.

You are responsible for backing up your own data. We strongly recommend keeping your own regular copies of your world and configuration outside our platform.

14. Liability

We are liable without limitation for intent and gross negligence, and for injury to life, body or health.

For ordinary negligence we are liable only for breach of material contractual obligations — those whose fulfilment makes proper performance of the contract possible in the first place and on whose observance you may routinely rely — and then limited to the foreseeable damage typical of this kind of contract.

We are not liable for:

  • data loss, to the extent it would not have occurred had you kept proper backups of your own,
  • damage caused by third-party software you installed (section 10),
  • damage arising from the acts of people you granted access to your server,
  • outages caused by circumstances outside our control, in particular large-scale network or data-centre failures, attacks of significant scale, and orders by public authorities.

Mandatory statutory liability, in particular under product liability law, is unaffected. The limitations above do not apply to the extent they conflict with mandatory consumer protection law.

15. Consumer right of withdrawal

As a consumer you have a statutory 14-day right of withdrawal. The details, the deadlines, the consequences of withdrawing and the model withdrawal form are set out in our Right of Withdrawal notice, which forms part of this contract.

In addition — and expressly without limiting your statutory right — we voluntarily offer a 7-day satisfaction guarantee: if you are dissatisfied for technical reasons within the first 7 days after provisioning, we refund the full amount. This guarantee sits alongside your statutory right of withdrawal, not in place of it.

16. Reporting illegal content

You can report illegal content on any of our servers at any time to abuse@mcbalkan.xyz. The procedure, our review, the possible measures and your rights as an affected customer are described in the Acceptable Use Policy.

17. Changes to these terms

We may amend these terms where this is necessary due to a change in law, case law, a change in our service offering, or for technical reasons.

We will notify you by email at least 30 days before the change takes effect, together with your right to object. If you do not object before the change takes effect, the change is deemed accepted; we will point this out separately in the notice. If you do object, you may end the contract free of charge as at the effective date, and unused credit is paid out.

18. Final provisions

Governing law. Austrian law applies, excluding the UN Convention on Contracts for the International Sale of Goods. If you are a consumer, this choice of law applies only to the extent that it does not deprive you of the protection of mandatory provisions of your country of residence.

Jurisdiction. Claims against consumers may be brought only in the courts of the consumer's place of residence; consumers may sue us either at their place of residence or at our seat. Vienna is agreed as the place of jurisdiction for business customers.

Dispute resolution. We are neither obliged nor willing to participate in dispute resolution proceedings before a consumer arbitration body. Consumers in Austria may turn to the Internet Ombudsstelle. The European Commission's online dispute resolution platform was discontinued on 20 July 2025.

Assignment. You may transfer the contract to a third party only with our consent.

Severability. If any provision is invalid, the remainder of the contract remains in force. The statutory rule takes the place of the invalid provision.

Language of the contract. The German version is authoritative. Translations are provided for ease of understanding.

Questions about these terms? Write to us at support@mcbalkan.xyz.