General Terms and Conditions of EUSANET GmbH
Information on General Contractual Provisions and General Terms and Conditions (§ 312c para. 2 sentence 1 BGB)
1. warranty and guarantee conditions
The statutory provisions for claims for defects shall apply. There are no special warranty claims against the entrepreneur beyond the statutory claims for defects, unless corresponding promises are expressly stated in the product description. Insofar as the entrepreneur passes on manufacturer's guarantees to the customer, this shall not restrict the statutory claims for defects.
2 General Terms and Conditions:
The general terms and conditions of the entrepreneur are as follows:
2.1 All offers are commercial. All prices quoted are end customer prices in euros and include the currently valid German value added tax.
2.2 We reserve the right of ownership of the purchased item until all payments arising from the purchase contract have been received.
2.3 The payment methods, shipping methods and delivery times are specified in the offers.
2.4 The statutory provisions on claims for defects shall apply. An assignment of warranty claims by the first purchaser to third parties is excluded.
2.5 If the buyer is an entrepreneur, our place of business is the place of performance and jurisdiction.
2.6 The personal customer data stored and processed within the framework of the execution of the contract will not be passed on to unauthorised third parties. You can request the data stored about you by us at any time by e-mail at: info@eusanet.de, Data Protection Officer Mr Stephan Schott.
2.7 All third-party and our own logos, images and graphics are the property of the respective companies and are subject to the copyright of the respective licensors. All photos, logos, layouts, texts, reports, scripts and programming routines shown on these pages, which are our own developments or have been prepared by us, may not be copied or used in any other way without our consent.
2.8 Right of withdrawal: Consumers are generally entitled to a right of withdrawal. Further information on the right of withdrawal can be found in the Seller's instructions on withdrawal.
2.9 We are entitled to amend the content of this contract with the consent of the customer, provided that the amendment is reasonable taking into account the interests of the contracting parties. Consent to the amendment of the contract shall be deemed to have been given unless the customer objects to the amendment within four weeks of receipt of a notice of amendment. The notice of amendment shall be sent to the customer in writing or by email. We are obliged to inform the customer of the consequences of a failure to object in the amendment notification.
2.10 We are entitled to transfer rights and obligations under this contract to one or more third parties (transfer of contract), taking into account the interests of the customer. In the event of a transfer of the contract, the customer shall be entitled to terminate the contract without notice, unless the contract is transferred to another company of the Eusanet Group.
2.11 Any general terms and conditions of the customer that deviate from these terms and conditions in whole or in part are hereby objected to.
2.12 Our service includes in particular the provision of an Internet connection based on a two-way satellite terminal with transmitting and receiving unit in Germany. Unless otherwise agreed, the uplink provider's network shall be available to the customer with a minimum availability of 97.5%. The availability of the network is determined in each case by the actual accessibility for the contractual period. Heavy rain or snow may reduce or interrupt the transmission times at short notice. Our liability is excluded for any damage resulting from this. The customer is obliged to make regular data backups in order to minimise any failure damage. If the annual availability of the services of EUSANET is below 97.5 %, the indicated downtimes will be recorded in the "Trouble Ticket" and credited as time, unless the customer is responsible for these downtimes (e.g. due to improper operation).
2.13 The customer himself is responsible for the provision of the terminal equipment (e.g. Internet-capable computer) necessary for the use of the Internet connection. However, he may not use any devices, equipment, software or data that could lead to changes in the physical or logical structure of the satellite terminal and the systems behind it.
The customer is entitled to dismantle the equipment installed by us and use it elsewhere at his own risk. However, we expressly point out that the use of the satellite service is only possible within the coverage of the respective satellite. Coverage is guaranteed within the borders of Germany; outside Germany, transmission/reception rights may not be available and operation may therefore not be possible. It should also be noted that outside Germany, use may be prohibited or restricted by law. The "Internet via Satellite" systems offered by us are exclusively for stationary use. Mobile use of these systems is prohibited and also technically only possible to a very limited extent. We must be notified of any relocation and this may be subject to a charge. This does not apply to our NewsSpotter systems.
2.14 We may restrict Internet access and access to other services if the security of satellite operations, in particular the avoidance of serious disruptions to the system, software or stored data, or data protection so requires.
All bandwidth information is based on maximum data and is not guaranteed unless expressly assured. As this is a so-called best-effort Internet access and a so-called shared medium, the bandwidth may also be subject to fluctuations. As a rule, a sharing of max. 1:50 is aimed for with private customer tariffs, business tariffs are prioritised better.
We are entitled to restrict the maximum bandwidth of bandwidth-intensive applications such as streaming in the event of capacity bottlenecks.
2.15 If we are in default with our performance obligations, the customer shall only be entitled to withdraw from the contract if we fail to comply with a reasonable grace period set by the customer. This shall not apply if setting such a grace period is unreasonable for the customer.
2.16 We will provide volume for additional data transfer (depending on the tariff) within the scope of technical capability and taking into account the performance obligation to the other customers for an additional charge, the amount of which is set out in the applicable price list.
2.17 We are free to choose the technical means for providing the agreed services, in particular the technology and infrastructure used. We are entitled to change the technical means, in particular the technology and infrastructure as well as the satellite operator, provided that no justified interests of the customer conflict with this. In this case, the customer shall be obliged to perform the necessary cooperative actions, insofar as these are reasonable for him.
2.18 Additional services provided by EUSANET free of charge are not part of the contract. EUSANET may change and/or discontinue these services at its own discretion. This applies subject to other agreements with the Customer.
2.19 The agreed prices are fixed prices. The charge for services depends on the choice of tariff, which is agreed separately with the customer. If usage-independent charges for services have been agreed with the customer, we have the right to collect them in advance. Usage-dependent charges are due immediately after the service has been provided.
2.20 We are entitled to increase the charges a maximum of once per quarter; the price increase requires the consent of the customer. Consent shall be deemed to have been granted if the customer does not object to the price increase within four weeks of receipt of the notice of change. We must inform the customer of the consequences of failing to object to the change. An adjustment does not require the customer's consent if it is made due to a change in the statutory value added tax with effect from the same date.
2.21 We will make the invoice for the monthly fees payable available to the customer for download in the customer area. We will inform the customer of the availability of a new invoice on the first of each month by email and before direct debit. or send a link to the invoice stored in the customer's configuration menu by email. The customer can receive the invoice as a printout by post for an additional charge.
2.22 Payment of the usage fees for services can only be made by direct debit. The customer authorises us to collect fees incurred via his specified account. In the event of return debit notes for which the customer is responsible, we shall charge a processing fee in accordance with the applicable price list per debit note, unless the customer proves that no damage or a significantly lower amount of damage has been incurred. The customer is obliged to maintain the authorisation for direct debit collection and corresponding bank details for the entire term of the contract. This also applies to amounts due once.
2.23 If the customer defaults on his payment obligations, we shall charge a reminder fee for each reminder in accordance with the respective current price list, unless the customer proves that no damage or a significantly lower amount of damage has been incurred. The statutory interest on arrears is in any case the minimum interest rate. We reserve the right to assert further claims due to default of payment. In accordance with the statutory provisions, we shall be entitled to block the account if the customer is in default of payment. The customer is already in default on the 6th day after the invoice is available in the customer area. A reminder will then be sent with a 14-day payment deadline. If the customer does not pay within the set period, the connection will be shut down until the end of the month. This will incur processing costs of 40.00 euros. In the event of non-payment by the end of the month (receipt by us), the customer's contract will be terminated extraordinarily and without notice for good cause (default of payment).
2.24 The customer may only offset our claims asserted with an invoice with uncontested claims or with claims that have become res judicata.
2.25 The customer is obliged to pay an amount equal to one monthly basic fee as security. After termination of the contract, the security deposit shall be credited to the customer and transferred back to the customer's account.
2.26 The customer shall be granted a non-exclusive right to use the programmes, text, image and sound materials (licence) which are necessary for the use of the services offered and provided by us. The term "programme" in this context means the programme as such, as well as all individual components of the original programme and copies thereof. Programmes, text, image and sound materials are protected by copyright. The use - also the use in extracts - requires our express permission, unless otherwise stipulated below.
2.27 The Customer hereby expressly undertakes to ensure that anyone using the Programme complies with this Licence Agreement, whether or not the Customer has expressly authorised, tolerated or otherwise enabled such use.
Multiple use of the programme/Internet access is only permitted if the users live in a domestic community (private customers) or, in the case of commercial use, are attributable to the same business as the customer. Use by other third parties, in particular the remarketing or also the free provision (e.g. WLAN hotspots) of our services requires our prior written consent.
2.28 The Client may make back-up copies but may not remove the copyright notice.
2.29 The contract shall be concluded upon our acceptance of the customer's offer. The term results from the conditions of the respective product description. The termination of the contract by us is possible if the customer violates the rights of use regulated in section 2.27 of these GTC.
2.30 The term results from the special conditions of the tariff selected in each case. If a contract has been concluded with the customer for a definite period of time or if a minimum contract period has been agreed, the contract shall be extended in each case by the agreed period of time or minimum contract period, but by a maximum of one year, if it is not terminated with four weeks' notice to the respective expiry of the definite period of time or expiry of the minimum contract period. The date of dispatch of the attachment shall also constitute the start of the contract unless otherwise agreed in writing.
2.31 If we terminate the contract for cause due to the fault of the customer, we shall be entitled to demand 75% of the sum of all monthly basic charges that would still have accrued if the contract had been terminated in the ordinary manner at the next possible point in time, unless the customer proves that a lesser loss has been incurred.
2.32 Notice of termination may only be given in writing by letter post. The customer's notice of termination shall be addressed to:
EUSANET GmbH,
- Contracts Department -, Industriestr. 12, 96120 Bischberg
2.33 If the customer breaches obligations arising from this contract, we are entitled to block access to our services within the framework of the statutory regulations. Further legal claims arising for us from the customer's breach of duty remain unaffected. The VoIP flat rate can be terminated by EUSANET in case of excessive usage (3 months with 100% above the average of all VoIP flat rate users). The Internet flat rate can be terminated by EUSANET in the event of excessive use (after prior warning by EUSANET).
2.34 Compliance with legal requirements
The customer is obliged to use our services only in compliance with the law. This includes in particular, but is not limited to, trademark and copyright laws, as well as data protection laws. In particular, the customer undertakes not to offer or provide any pornographic content or services. We are entitled to block and/or delete such content, whereby the deletion must be preceded by a relevant announcement 24 hours in advance. The customer warrants that the data provided to us is correct. This applies in particular to the following data:
Name, postal address, email address, telephone number, if applicable legal form (for legal entities), bank details, intended use (private or commercial).
2.35 Prohibition of spamming
The customer undertakes not to send or have sent any emails containing advertising without the express consent of the respective recipient. This applies in particular if the emails in question are distributed en masse with the same content in each case (so-called "spamming").
If the customer violates this obligation, we shall be entitled - also taking into account the interests of the customer - to immediately discontinue our services for the customer and to terminate the contract without notice. Further rights are reserved in such a case of culpable breach of duty.
2.36 Due diligence regarding access data
The customer undertakes to keep passwords received from and for the purpose of accessing the services strictly secret and to inform us immediately as soon as the customer becomes aware that a corresponding password is known to unauthorised third parties.
If, due to the fault of the customer, third parties make unauthorised use of our services by misusing the passwords, the customer shall be liable to us for usage fees and damages.
2.37 Responsibility for contents
The customer is responsible for all content produced by him via his access code. He cannot demand subsequent deletion from us.
2.38. Installation measures
It is the customer's responsibility to carry out the installation of the necessary technical equipment or to have it carried out, insofar as this is necessary for the execution of the contract. We shall make a recommendation to the customer for an installation company which, however, is expressly not commissioned by us or is even a vicarious agent or auxiliary agent of us. In this respect, contractual relations would only exist between the customer and the installation company in the event of commissioning by the customer himself.
It is also incumbent on the Customer to regularly check the notification pages on the internet offer of EUSANET for important notifications as well as to regularly check the e-mail address or mailbox named by him to EUSANET for the receipt of notifications.
2.39 Liability
We shall be liable without limitation for personal injury. We shall only be liable for other damage if we or one of our vicarious agents has breached a material contractual obligation in a manner that endangers the purpose of the contract (cardinal obligation) or if the damage is attributable to gross negligence or intent on our part or on the part of one of our vicarious agents.
If the breach of an essential contractual obligation is not intentional or grossly negligent, our liability shall be limited to such typical damages that were reasonably foreseeable for us at the time of the conclusion of the contract.
In all other respects, we shall be liable in accordance with the statutory provisions of § 44 a TKG.
2.40 Liability for Damaged Third Party Data
We shall not be liable for the functionality, compatibility and freedom from viruses of data and software of third parties which can be loaded via the Internet access provided, insofar as these are not directly and expressly provided by us.
2.41 We are not responsible for interruptions or delays in performance due to force majeure or due to other events that make our performance temporarily or permanently impossible or unreasonably difficult, unless we are at fault. Events in the aforementioned sense are, for example, strikes and lock-outs, technical failures of other operators of telecommunication systems, transmission paths or networks, failures due to natural disasters, acts of violence by third parties, the improper, in particular excessive, use of our services, the occurrence of computer viruses and official interventions. Insofar as we use third parties to provide our own services, our obligation to perform shall be subject to the proviso that the contractually obligated third party performs correctly and on time; if this is not the case, we shall inform the customer immediately and credit any payments already made for the (finally) missing service.
2.42 Permanent impairment of performance
If events within the meaning of Clause 2.41 lead to permanent impossibility or to a permanent significant impairment of performance, both parties shall be released from the obligation to continue to perform the contract since the occurrence of the event. In this case, the party becoming aware of the releasing circumstances shall inform the other party to the contract without delay.
If the service is only temporarily impossible, the customer shall be entitled to reduce the contractual charges appropriately in accordance with the duration of the interruption and the severity of the impairment. Further legal claims of the customer shall not be affected thereby.
2.43 Warranty for the hardware
The warranty period for the satellite hardware provided by us is two years if the customer is a consumer, otherwise one year.
2.44 The Customer is aware that he/she may be assigned an IP address that is geographically assigned to another location in the world where the uplink centre currently in use is located.
2.45 The performance description of the individual products can be found on the corresponding websites and on request at sales@eusanet.de
(Status 02.04.2015)