General Terms and Conditions
1. General
1.1 Scope of Application
These general terms and conditions shall apply in the version valid at the time of conclusion of the contract to all business relations between us PROVISIO GmbH, Wilhelm-Schickard-Straße 1, 48149 Münster and you. If you use any general terms and conditions that conflict with these general terms and conditions, we hereby expressly object to them.
1.2 Contractual Agreement
The contract language is German and English.
1.3 Registration
To use the full scope of this website, it is first necessary to create a customer account. Here, the data required for the provision of services by us will be requested. The entries are confirmed by clicking on the « Save » button. You will then receive a confirmation e-mail with the information required for a login. Only when you log in to our website for the first time with these details the registration is completed.
The password that allows you to access the personal area must be treated as strictly confidential and may not be disclosed to third parties under any circumstances. You shall take appropriate and reasonable measures to prevent third parties from obtaining knowledge of your password. A customer account cannot be transferred to other users/customers or other third parties. We are not liable for any damage caused by misuse of the password.
You are obligated to keep the content and profile information you provide up to date at all times and to inform us immediately of any misuse of your profile.
1.4 Conclusion of contract
1.4.1 Via the website
The presentation of the product range on the website is initially subject to change and non-binding. The ordering process consists of a total of four steps. In the first step, you select the desired goods/services. In the second step, you enter your data, including the billing address and, if necessary, a different delivery address, unless you have already entered these in your customer account. In the third step, you select the desired payment method. In the fourth step, you have the opportunity to review all information (e.g. name, address, payment method, ordered items) and correct any input errors before you confirm your order by clicking on the button « order with obligation to pay « . With the order you declare your contract offer bindingly. We will confirm receipt of the order immediately. The confirmation of receipt does not constitute a binding acceptance of the order. We are entitled to bindingly accept the contractual offer contained in the order within two days after receipt of the order by e-mail, fax, telephone, post or by notification of dispatch of the goods or information of provision of the service. Only with the acceptance is the contract concluded.
The contract text will be stored by us and sent to you after sending your order with these general terms and conditions and customer information in text form (e.g. e-mail, fax or mail). However, you will no longer be able to retrieve the contract’s text via the website after you have sent your order. You can use the browser’s print function to print out the relevant website with the text of the contract.
1.4.2 Individual conclusion of the contract
The conclusion of the contract can alternatively take place individually by offer and acceptance (e.g. by mail). Unless otherwise agreed, the usual procedure is that you submit an inquiry and receive a binding offer from us, which you can then accept within two weeks. With the acceptance, the contract is concluded. Separate storage of the contract text by us does not happen, but the contract content results in each case individually from the agreement made.
1.5 Term contracts
1.5.1 Subsequent amendment of the general terms and conditions
We shall be entitled to make subsequent amendments and additions to the general terms and conditions to existing business relationships, insofar as changes in legislation or case law make this necessary or other circumstances lead to the contractual equivalence relationship being disturbed to a more than insignificant extent. A subsequent amendment of the general terms and conditions shall become effective if you do not object within six weeks after notification of the amendment. At the beginning of the period, we will expressly draw your attention to the effect of your silence as acceptance of the contractual amendment and give you the opportunity to make an express declaration during the period. If you object within the time limit, we and you may terminate the contractual relationship without notice, unless we allow the contractual relationship to continue under the old general terms and conditions.
1.5.2 Termination
Our fixed-term contracts can be terminated in text form with a notice period of one month to the end of the respective term, without giving reasons. If the contract is not terminated in due time, it shall be automatically extended by the respective initial term, however, by a maximum of one year in each case. The right to extraordinary termination for a good cause shall not be affected by this. The right to termination without notice for a good cause shall remain unaffected. Good cause shall be deemed to exist in particular if
– You have provided incorrect or incomplete information when concluding the contract,
– you repeatedly violate other contractual obligations and do not cease the breach of duty even after being requested to do so by us.
2. Service and delivery
2.1 General
We offer you a wide range of services in the field of « Public Access Terminal Software ». Here you can purchase not only our software but also the corresponding hardware.
2.2 Performance
We are entitled to have the contract or parts of the contract fulfilled by third parties.
2.3 Delays in delivery and performance
Delays in delivery and performance due to force majeure and due to extraordinary and unforeseeable events which cannot be prevented by us even by exercising the utmost diligence and for which we are not responsible (this includes in particular strikes, official or judicial orders and cases of incorrect or improper self-delivery despite a covering transactions to that) shall entitle us to postpone the delivery by the duration of the impeding event.
2.4 Partial deliveries
We shall be entitled to make partial deliveries if this is reasonable for you. In the case of partial deliveries, however, you will not incur any additional shipping costs.
2.5 Exclusion of delivery
Post office box addresses are not supplied.
2.6 Default of acceptance
If you are in default of acceptance of the ordered goods, we shall be entitled, after setting a reasonable grace period, to withdraw from the contract and to claim damages for default or non-performance. During the delay in acceptance, you shall bear the risk of accidental loss or accidental deterioration.
2.7 Performance time
Unless expressly agreed otherwise, delivery/performance by us shall take place within 5 days. The period for delivery/performance shall commence on the day after the payment order is issued to the remitting bank in the case of payment in advance or on the day after conclusion of the contract in the case of payment by invoice. The period ends on the following fifth day. If the last day of the period falls on a Saturday, Sunday or a public holiday recognized by the state at the place of delivery, the period shall end on the next working day.
2.8 Change and extension requests (e.g. when booking our « Customized Surface »)
Unless otherwise agreed or booked, change and extension requests will only be carried out if they are necessary to achieve the purpose of the contract. At the customer’s express request, however, change and extension requests can be carried out by our separate commissioning. This is remunerated separately. Also to be remunerated is the examination of the realizability of the change and extension requests.
3. Payment
3.1 Prices and shipping costs
All prices are inclusive of value-added tax. In addition, the costs for packaging and shipping are shown separately in each case, unless collection by you at our place of business has been agreed. Please note that customs and import fees may apply, which you have to bear yourself and are not included in the price.
If the shipment or delivery of the goods is delayed at your request, we reserve the right to charge you for the costs incurred (particularly storage costs).
Furthermore, our invoices are to be paid without deduction and are due for payment after the issuance of the invoice. Discounts can only be granted by prior agreement.
3.2 Default of payment
You shall be in default of payment if we do not receive payment within two weeks of receipt of the invoice. In the event of late payment, interest shall be charged at a rate of 5 percentage points above the prime rate of the European Central Bank, or 9 percentage points above the prime rate of the European Central Bank in the case of legal transactions in which a consumer is not involved. If you are in default with your payments, we reserve the right to charge 2.50 euro reminder fees. We reserve the right to claim damages over this amount. You shall have the opportunity to prove that we have incurred no or less damage.
3.3 Right of retention
You shall only be entitled to assert a right of retention for counterclaims that are due and based on the same legal relationship as your obligation.
4. Revocation policy for consumers in distance selling contracts
4.1 Revocation policy for goods
Right of revocation
You have the right to cancel this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day you or a third party named by you, who is not the carrier, have taken possession of the goods / the last goods.
To exercise your right of revocation, you must inform us (PROVISIO GmbH, Wilhelm-Schickard-Straße 1, 48149 Münster, phone: +49 (251) 846924-0, fax: +49 (251) 846924-10, e-mail: contact-europe@provisio.com) by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample revocation form for this purpose, which is, however, not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (except additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment. We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us without undue delay and in any case no later than within fourteen days from the day on which you notify us of the revocation of this contract. The deadline is met if you send the goods before the expiry of the period of fourteen days. You shall bear the direct costs of returning the goods.
You will only have to pay for any loss in value of the goods if this loss in value is due to handling the goods that is not necessary to check the condition, properties, and functioning of the goods.
– End of the revocation policy –
Exclusion of the right of revocation
The right of revocation does not apply to contracts for the supply of goods that are not prefabricated and for the manufacture of which an individual selection or determination by the consumer is decisive or clearly tailored to the consumer’s personal needs. Likewise, a right of revocation does not exist for contracts for the supply of goods that can spoil quickly or whose expiration date would be quickly exceeded.
Special information on the premature expiry of the right of revocation
In the case of contracts for the delivery of sealed goods that are not suitable for return for reasons of health protection or hygiene, your right of revocation shall expire prematurely if the seal on the goods has been removed after delivery. In the case of contracts for delivering audio or video recordings or computer software in sealed packaging, your right of revocation shall expire prematurely if the seal has been removed after delivery.
4.2 Revocation policy for services
Right of revocation
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day of the conclusion of the contract.
To exercise your right of revocation, you must inform us (PROVISIO GmbH, Wilhelm-Schickard-Straße 1, 48149 Münster, phone: +49 (251) 846924-0, fax: +49 (251) 846924-10, e-mail: contact-europe@provisio.com) by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample revocation form for this purpose, which is, however, not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (except additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
If you have requested that the services begin during the revocation period, you shall pay us a reasonable amount corresponding to the proportion of the services already provided up to the point in time at which you notify us of the exercise of the right of revocation with regard to this contract compared to the total scope of the services provided for in the contract.
– End of the revocation policy –
Special information on the premature expiry of the right of revocation
Your right of revocation expires prematurely if we have completely performed the service and have only started to perform the service after you have given your express consent to this and you have simultaneously confirmed your knowledge that you will lose your right of revocation upon full performance of the contract by us.
4.3 Revocation policy for downloads
Right of revocation
You have the right to revoke this contract within fourteen days without giving any reason.
The revocation period is fourteen days from the day of the conclusion of the contract.
To exercise your right of revocation, you must inform us (PROVISIO GmbH, Wilhelm-Schickard-Straße 1, 48149 Münster, phone: +49 (251) 846924-0, fax: +49 (251) 846924-10, e-mail: contact-europe@provisio.com) by means of a clear declaration (e.g. a letter sent by mail, fax or e-mail) about your decision to revoke this contract. You can use the attached sample revocation form for this purpose, which is, however, not mandatory.
In order to comply with the revocation period, it is sufficient that you send the notification of the exercise of the right of revocation before the expiry of the revocation period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (except additional costs resulting from the fact that you have chosen a type of delivery other than the most favorable standard delivery offered by us), without undue delay and no later than within fourteen days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
– End of the revocation policy –
Special information on the premature expiry of the right of revocation
In the case of a contract for the delivery of digital content not on a physical data carrier (e.g. downloads), your right of revocation shall expire prematurely if the entrepreneur has commenced performance of the contract after you have expressly consented to the entrepreneur starting performance of the contract before the expiry of the revocation period and you have confirmed your knowledge of the fact that you lose your right of revocation through your consent upon commencement of performance of the contract.
5. Your responsibility
5.1 General
You are solely responsible for the content and accuracy of the data and information you submit. You also undertake not to transmit any data whose content infringes the rights of third parties or violates existing laws. By sending data to us, you confirm that you have complied with copyright regulations.
5.2 Indemnification
You shall indemnify us against all claims asserted against us by third parties on account of such infringements. This also includes the reimbursement of costs of necessary legal representation.
5.3 Data backup
You are jointly responsible for backing up the information sent to us. We cannot be held responsible for the loss of your transmitted information, as we do not provide a general data backup guarantee.
5.4 Duty to cooperate
We always execute your order according to your specifications and do not check it for your particular application request. You must provide us with all information that may be necessary for your order before we execute the order, otherwise we may not be able to start our service. We are not responsible for delays caused by your failure to cooperate. In this case, we reserve the right to claim the damage caused by the delay or the additional costs.
5.5 Legal advice, examination and legal requirements
We would like to point out that legal advice or examination regarding the use of our goods/works is not part of our service and that you must commission a specialist for this. Please inform yourself which legal requirements you may have to comply for the use of the goods/works before the conclusion of the contract.
5.6 Cleaning and handling
You must always observe the instructions and notes on cleaning and handling the goods that may be provided. Furthermore, the statutory safety regulations must always be followed. We can not be held responsible for your incorrect behavior.
Please also note that we cannot take back the goods if parts or spare parts are installed by a third party or a specialist dealer who is not certified by us. The warranty right is not affected by this.
5.7 Form and handling of data (especially when booking our « Customized Interface »)
Unless otherwise agreed, you shall provide us with the information, sketches or data required for your order free of charge, unless we prepare them ourselves. If you wish these documents to be returned, you must inform us of this in advance. If you fail to notify us accordingly, we reserve the right to destroy or delete them or to archive them for our database.
5.8 Our advice
Any advice given by us regarding the functionality and suitability of the goods/works for your intended use is given by us only as assistance and is not to be understood as a warranty. It is your responsibility to ensure that you are fully informed about the functionality and suitability of the goods/works.
5.9 Secrecy
You are obligated to keep secret all business and trade secrets and information designated as confidential that are disclosed to you and/or become known to you by us during the performance of the contract.
5.10 Illegal or immoral activities
You undertake that you do not intend any illegal or immoral activities with our goods/works.
5.11 Rental of a dedicated server
If we rent dedicated servers to you, it is strictly prohibited to overclock them to increase the performance at the expense of the durability of the hardware. If such a violation occurs on your part and it becomes necessary, we will completely replace the processor, mainboard and memory. We will charge you for the costs incurred in this regard. The same applies to BIOS updates via the operating system. A BIOS update is only to be carried out by us or a third party named by us. If a reset of the bios settings is necessary, we are entitled to claim our costs.
6. Retention of title
6.1 General
If you are an entrepreneur, the goods, works and materials supplied by us shall remain our property until all present and future claims arising from the business relationship have been settled in full. For consumers, only the delivered product from the specific contract shall remain our property until the purchase price has been paid in full. You shall treat the items subject to retention of title with care at all times. You assign to us any claim or compensation you may receive for the damage, destruction or loss of such items. Unless otherwise agreed below, you are not entitled to sell, give away, pledge or assign by way of security the items delivered to you under retention of title.
6.2 Seizure and other impairments
If the item subject to retention of title is seized or otherwise impaired by a third party, you must notify us immediately so that an action can be brought in accordance with §771 of the German Code of Civil Procedure (ZPO). Insofar as the third party is not in a position to reimburse the court and out-of-court costs of an action pursuant to §771 ZPO, you shall be liable for the loss incurred by us.
6.3 Resale
If you are an entrepreneur, you shall be entitled to resell the reserved goods in the ordinary course of business. You hereby assign to us the purchaser’s claims arising from the resale of the reserved goods in the amount of the agreed final invoice amount (including value-added tax). This assignment shall apply regardless of whether the purchased goods have been resold without or after processing. You shall remain authorized to collect the claim even after the assignment. The authority of us to collect the claim ourselves shall remain unaffected. However, we shall not collect the claim as long as you meet your payment obligations from the proceeds collected, are not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or payments have not been suspended.
6.4 Modification, machining and processing
If you are an entrepreneur, the processing or transformation of the purchased goods by you shall always be carried out in our name and on our behalf. In this case, your expectant right to the object of sale shall continue to apply to the transformed object. If the object of sale is processed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the objective value of the object of sale to the other processed objects at the time of processing. The same shall apply in the event of mixing. If the mixing is carried out in such a way that your item is to be regarded as the main item, it shall be deemed agreed that you transfer co-ownership to us on a pro-rata basis and hold the sole ownership or co-ownership thus created in safe custody for us. To secure the claims against you, you shall also assign such claims to us which accrue to you against a third party due to the combination of the goods subject to retention of title with a property; with this we accept this assignment.
6.5 Taking back
In the event of a breach of contract by you, in particular in the event of default in payment, but also in the event of an application for insolvency proceedings against your assets, we shall be entitled to take back the item. In this case, taking back the item does not constitute withdrawal from the contract unless we expressly declare this in text form.
6.6 Release of securities
If the value of the securities exceeds the value of the secured claims by more than 15 percent, we shall be obliged to release securities at your request.
7. Warranty
7.1 Warranty right for contracts for goods
7.1.1 Warranty claim
There are legal warranty rights. A warranty claim can only arise concerning the condition of the goods; reasonable deviations in the aesthetic properties of the goods are not subject to the warranty claim. In particular in descriptions, representations and information in our offers, brochures, catalogs, on the website and other documents, there may be technical and design deviations (e.g. color, weight, dimensions, design, scale, positioning, etc.), provided that these changes are reasonable for you. Such reasonable reasons for changes may result from fluctuations customary in the trade and technical production processes. If guarantees are given in addition to the warranty claims, you will find their exact conditions with the product in each case. Possible guarantees do not affect the warranty rights.
7.1.2 Warranty to consumers
The risk of accidental loss or deterioration of the goods sold shall not pass to you until the goods are handed over. If you notice that the outer packaging arrives damaged or if you notice any damage after receipt of the goods, please inform us. However, there is no obligation to make such a notification, nor are warranty rights affected by a failure to notify us. If the goods are defective, you can choose to demand subsequent performance in the form of repair or replacement. If defects are not remedied even after two attempts at rectification, you shall be entitled to rescission or reduction.
7.1.3 Warranty towards entrepreneurs
In deviation from the statutory warranty provisions, the following shall apply towards entrepreneurs: In the event of a defect, we shall, at our own discretion, provide subsequent performance in the form of rectification of the defect or new delivery. In this case, the risk of accidental loss or deterioration of the item shall already pass to you upon handover to the person designated for transport. Entrepreneurs must report obvious defects immediately and non-obvious defects immediately after discovery in text form; otherwise the assertion of the warranty claim is excluded. Timely dispatch is sufficient to meet the deadline. The entrepreneur shall bear the full burden of proof for all claim prerequisites, in particular for the defect itself, for the time of discovery of the defect and for the timeliness of the notice of defect.
7.1.4 Rights in case of an insignificant defect
In the event of an insignificant defect, you shall only be entitled to a reasonable reduction of the purchase price to the exclusion of the right of rescission.
7.1.5 Compensation for defects
No warranty shall be provided for damage resulting from improper handling or use. Refer is made to the following exclusion of liability.
7.1.6 Limitation
The warranty for used goods is 1 year. If you are an entrepreneur, the warranty for used goods is excluded and for new goods it is 1 year. Excluded from this is the right of recourse according to § 478 BGB (German Civil Code). The shortening of the limitation period expressly does not exclude liability for damages arising from injury to life, limb or health or in the case of intent or gross negligence. The provisions of the Product Liability Act shall also remain unaffected.
7.2 Warranty right for contracts for work and services
7.2.1 Warranty claim
There are statutory warranty rights. If the work and services are defective and you demand subsequent performance, we may, at our discretion, remedy the defect or produce a new work. If flaws are not fixed even after at least two attempts at subsequent performance, you shall be entitled to rescission or reduction.
7.2.2 Rights in case of insignificant defects
In the event of an insignificant defect, you shall only be entitled to a reasonable reduction of the agreed remuneration for the work and services, to the exclusion of the right of rescission.
7.2.3 Compensation for defects
No warranty shall be provided for damage resulting from improper handling or use. Refer is made to the following exclusion of liability.
7.2.4 Transfer of risk
The risk of accidental loss or deterioration of the work and services shall not pass to you under the warranty until acceptance of the work and services.
7.2.5 Notification
If you notice that the outer packaging arrives damaged or if you notice any damage after receipt of the goods, please notify us. However, there is no obligation to make such a notification, nor are the consumer’s warranty rights affected by a failure to notify us.
7.2.6 Statute of limitations
Warranty claims shall become statute-barred within one year after the transfer of risk, unless it concerns the construction of a building or work and services, where the success lies in the provision of planning or supervisory services for this purpose. In these cases, the limitation period shall be five years. The shortening of the limitation period explicitly does not exclude liability for damages resulting from injury to life, body or health or in the case of intent or gross negligence. The provisions of the Product Liability Act shall also remain unaffected.
7.3 Non-existence of warranty rights
A warranty claim is in particular not given, as far as the complained defect is caused by unsuitable or improper use / placement / installation of the goods / work and services.
8. Usability of the services
8.1 Further development of the service / availability
We make every effort to adapt our services to current technical developments. We therefore reserve the right to make changes to the agreed services, insofar as such changes do not affect the core services and are reasonable for the contractual partner, taking into account the interests of the contractual partner. We are also entitled to interrupt the software operation partially or entirely within reasonable limits for updating and maintenance. In this respect, we do not guarantee the availability of the services offered at any time and do not guarantee that the services provided or parts thereof will be made available and can be used from any location. Your warranty rights are not affected by this.
8.2 Technical requirements
The use of the software requires corresponding compatible devices. It is your responsibility to put or keep the device in a condition that allows the use of the software services.
8.3 Malfunctions
In case of defects or malfunctions, we ask you to report this immediately so that we can eliminate the problem. If the malfunction is due to your fault and the elimination/processing is not part of your booked scope of services, we will charge you for the costs incurred by us for the inspection and any necessary elimination.
9. Right of use and copyright to our documents
We have the exclusive right of use or copyright to drawings, illustrations, sketches, price lists, models, molds, devices and other documents prepared by us or which you receive from us. These may not be made accessible to third parties without our consent and must be returned to us immediately upon request.
10. Right of reference
We grant ourselves the right to name you as a reference and take photographs/screenshots of the work produced by us (e.g. surfaces created especially for you) and list these as references in brochures, leaflets, and our website. You have the right to object to this.
11. Our Software
11.1 Rights of use and scope of use
We have the copyright or the exclusive right of use to the software provided. The copyright includes in particular the complete program code, the structure as well as the appearance and the design of the software. With the conclusion of the contract and the payment of the agreed amount, you secure only the rights of use of the software for the agreed purpose. Without our express consent, you are not entitled to transfer the rights of use granted by us to third parties for payment or free of charge or to pass them on to such third parties in any other way. The transfer of further rights of use may be agreed separately with us and shall be remunerated separately. Any altering reproduction, transfer, modification, etc. of the software shall not be permitted without our express consent.
11.2 Copyright notice
If we have attached a copyright notice to the software, you may not remove or modify it without our consent.
11.3 Updates and upgrades
We are entitled to modify the software within the scope of (necessary) updates and upgrades. These changes are also subject to copyright protection.
11.4 Compensation
We reserve the right to claim damages for any violation of the contractual license terms, especially in case of copyright infringement.
12. Liability
12.1 Information
Information on possible applications of the goods/works sold/manufactured by us and advice and other information shall be provided to the best of our knowledge and belief. The exclusion of liability and reservation of liability from the following regulations shall also apply in this respect. However, it is always your own responsibility to inform yourself before placing an order and to check whether the goods/works are suitable for your planned project.
12.2 Exclusion of liability
We as well as our legal representatives and vicarious agents shall only be liable for intent or gross negligence. Insofar as essential contractual obligations (i.e. obligations whose compliance is of particular importance for achieving the purpose of the contract) are concerned, we shall also be liable for slight negligence. In this case, liability shall be limited to the foreseeable damage typical for the contract. Towards entrepreneurs, we shall be liable in the event of a grossly negligent breach of non-essential contractual obligations only to the extent of the foreseeable damage typical for the contract.
12.3 Reservation of liability
The above exclusion of liability shall not apply to liability for damages resulting from injury to life, body or health. The provisions of the Product Liability Act shall also remain unaffected by this exclusion of liability.
12.4 Data backup
We perform effective data backups as part of the service provision, but we do not assume any general data backup guarantee for the data transmitted by you. You are also responsible for creating appropriate backups of your data at regular intervals to prevent data loss. We will exercise reasonable care in providing the agreed service and will provide the data backup with the necessary expertise. However, we do not guarantee that the stored content or data you access will not be inadvertently damaged or corrupted, lost or partially removed.
13. Final provisions
13.1 Place of jurisdiction
Our registered office is agreed as the exclusive place of jurisdiction for all legal disputes arising from this contract, provided that you are a merchant, a legal entity under public law or a special fund under public law.
13.2 Choice of law
Unless mandatory statutory provisions according to your home country’s law conflict with this, German law shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods.
13.3 Consumer dispute resolution procedure
The EU Commission has created an Internet platform for the online resolution of disputes concerning contractual obligations arising from online contracts (OS platform). You can access the ODR platform at the following link: http://ec.europa.eu/consumers/odr/. We are unwilling and not obliged to participate in a dispute resolution procedure before a consumer arbitration board.
13.4 Severability clause
The invalidity of individual provisions shall not affect the validity of the remaining general terms and conditions.