General Terms and Conditions of NetDebit GmbH to Customers
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1. Subject Matter of Agreement / Scope
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1.1 Service Description of NetDebit GmbH
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NetDebit GmbH (NetDebit), as the access provider, offers their customers access to high quality third party Internet content at competitive prices.
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The subject matter of these general terms and conditions is regulating the agreement relationship between NetDebit and its customers, who, via the NetDebit gatekeeping system, can obtain access to high quality products offered on the Internet by third parties. Providing access is granted via secure and individual access data that was issued to the customer after electronically closing the agreement.
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The customer understands that based on technical circumstances such as possible overload of the telecommunications network, NetDebit is not able to guarantee constant access. Therefore, NetDebit's service performance is to grant access to the Internet product offers for 95% total time in one month. The customer will be informed accordingly if NetDebit's service is limited due to maintenance work.
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1.2 Scope
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The following terms and conditions form the basis of the contractual relationship between NetDebit and its customers. This also applies in the event of underlying contrary terms and conditions. These will not be accepted by NetDebit, including and especially if NetDebit provides service to a customer with full knowledge of the contrary or deviating conditions. Only if NetDebit has accepted other terms and conditions in writing will these become valid.
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2. Executing this Agreement
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2.1 Forming an Agreement
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The customer will enter in the input screen made available by NetDebit the name or company name with applicable agency relationship, address, account information (if needed), e-mail address, age, form of payment, pseudonym (username) and password. This will then be sent electronically to NetDebit.
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The customer is obligated to provide truthful information. After receipt of the customer information NetDebit will confirm and check the same. NetDebit will transfer the login data to the customer. The agreement between NetDebit and the customer materializes once the customer receives the login data. An agreement is closed only with customers 18 years of age or older, or who have obtained the required permission from a legal representative.
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2.2 Customer Obligation to Provide Information
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Before taking advantage of the NetDebit service the customer will read the current general terms and conditions and the current NetDebit rates that are listed on the respective website the customer is accessing.
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2.3 Declarations as Part of the Agreement Relationship
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NetDebit will send all the information concerning this agreement to the e-mail address the customer listed in the registration form.
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2.4 Obligation for Lawful Use
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The customer is required to lawfully utilize the service provided by NetDebit. The customer assures NetDebit that he will not abuse the granted access, call up contents that are punishable by law or to distribute these and to violate other third party rights (especially industrial property rights and competition law). It is especially prohibited to distribute youth endangering material, child pornography, extremist and racist contents, mail Spam, spread virus attacks, send chain letters and further abuse the services of NetDebit for purposes of invading the security precautions of a third party network, hosts or accounts (cracking, hacking and denial of service attacks).
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2.5 Release from Third Party Claims
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The customer releases NetDebit from all third party claims that are lodged because of his unlawful use of the access NetDebit granted to partner websites. The customer will immediately inform NetDebit of all third party claims filed based on unlawful use.
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2.6 Access Control
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The customer states that, if he intentionally or knowingly enables user access to third parties, then said customer is fully responsible for all online actions of this individual, for controlling the access and its use by this person and said customer is responsible for all consequences resulting from culpable violations. The customer is liable for any misuse that may occur due to the above and must pay all costs incurred for such unauthorized use.
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2.7 No Assignment to Third Parties in Return for a Fee
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The customer is not entitled to provide third parties the use of NetDebit services for a fee, unless NetDebit has consented in writing in advance to this assignment. Third parties are also affiliated companies as defined in Section 15 ff of the Stock Corporate Act.
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2.8 Expiration of Right of Withdrawal
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The customer's right of withdrawal will expire after access has been granted successfully to one of the Internet product offers the customer has chosen through NetDebit.
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3. Invoicing
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3.1 Payment Claim
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A payment becomes due, depending on the duration of NetDebit granting access to a product offer on the Internet. Available forms of payment are - at the customer's choice - credit cards and electronic debit procedure, NetDebit-Telepay (for DSL users) and the NetDebit Dialer.
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3.2 Payment Amount
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The payment amount is calculated from the price list published in the electronic reservation form.
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3.3 Change of Payment
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NetDebit may change the fee agreed in the agreement signed with the customer, after announcement in text format and with a minimum period of one month before taking effect (key date).
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If the customer does not agree to the fee change then he has the right to cancel the agreement as of the date the new fee becomes effective and without being required to comply with the cancellation period.
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If the customer does not object to the fee change within two weeks (receipt of statement at NetDebit is decisive), or if the customer continues to use the NetDebit services despite references made to the change in fees, then these changes will take effect. The customer will especially be asked to take note of this legal situation stated in the advance notice. If the customer explicitly objects to one of the clauses (e.g. fee increase) in the changed conditions, then NetDebit is authorized to promptly cancel this agreement relationship.
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4. Default
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4.1 Right to Discontinue Service
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If the customer is in arrears by Euro 75.00 or more, if there is justified concern that a customer is attempting to obtain services by fraud, then NetDebit is authorized to stop granting access as promised in the agreement, until the customer has settled all debts.
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4.2 Interest on Default / Default Damages
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In the event of payment default, NetDebit is authorized to charge interest on late payments at the current legal interest rate. If it can be evidenced that NetDebit has incurred greater damage due to payment default, then NetDebit is authorized to enforce such damage. Additionally, NetDebit is authorized to invoice the processing fees / late payment fees incurred by this payment default. The customer has the right to provide evidence of lesser damage.
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4.3 Collections Office
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NetDebit has the right to assign all unpaid receivables from the customer to a collection office and have them assert these claims.
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5. Agreement Duration / Termination
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5.1 Agreement Duration
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Upon acceptance of NetDebit's agreement offer, the agreement materializes and is in effect for an undefined period.
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5.2 Termination
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The agreement can be terminated properly by NetDebit as well as the customer within the agreed upon cancellation periods.
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The termination for significant reason remains independent of this regulation.
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A significant reason entitling NetDebit to extraordinary cancellation exists in the following instances:
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- The access data are provided to third parties
- The customer does not pay for two consecutive months a significant fee owed, despite requests to do so.
- The customer violates significant contractual obligations
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The agreement may be terminated in writing or text format (Section 126b of the German Civil Code).
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6. Transfer / Offset
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6.1 Transfer
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NetDebit is entitled to transfer its rights and obligations defined in this agreement in whole or in part to third parties with a cancellation period of four weeks. In such case the customer is entitled to cancel the agreement, at the time of the transfer becoming effective, without being required to comply with the cancellation period.
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Transfering customer receivables from this agreement relationship requires the prior written consent from NetDebit. Section 354a of the Commercial Code is not affected by this.
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6.2 Offset
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NetDebit is authorized to offset all claims against the customer; NetDebit is also authorized to collect receivables from a customer account given to NetDebit, provided the customer has given his consent.
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The customer may only offset using their own claims if it has been determined to be legally in force, is undisputable and has been explicitly acknowledged by NetDebit.
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7. Liability
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7.1 No Liability for Third Party Contents
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With the access data, NetDebit grants the customer access to contents offered by third parties. The third parties themselves are responsible for these contents, such as required child protection measures, etc. NetDebit will not assume warranty or liability for the contents of these websites.
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7.2 Liability Limitations for Own Services
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NetDebit is liable for contractual claims and claims outside of the contract due to customer damages only in case of intent and gross negligence. If violating significant agreement obligations in the event of debtor's delay and if NetDebit must justify impossibility of providing service, then NetDebit is also liable for culpable violation of obligation towards its employees and assistants.
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7.3 Liability Limitation for Damages Typically Foreseen
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Except in case of intent / gross negligence on NetDebit's side and in case of gross negligence by NetDebit's legal representatives, employees or assistants, NetDebit's liability is typically limited at the closing of this agreement to predictable damage.
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7.4 Liability of Legal Representatives, Employees or Assistants
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To the extent that the NetDebit liability is excluded or limited, then this also applies to the liability of legal representatives, employeesor assistants.
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7.5 Non-validity of Liability Limitation in Certain Cases
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The above liability limitation is not valid for damages to life, limb or health and in the event of mandatory legal regulations such as product liability law.
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8. Data Protection
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Extracting, storing and processing personal data is guided by the requirements set forth in the NetDebit Privacy Policy
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9. Final Provisions
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9.1 Changes to the Agreement Terms and Conditions
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NetDebit reserves the right to change or amend these agreement terms and conditions in the future. The change will occur in accordance with the method described in item (3.3). Changes to the agreement terms and conditions will also be announced on the website www.NetDebit.de. If the user does not object within two weeks to the change of the general agreement terms and conditions (receipt of statement at NetDebit is decisive), or if the customer continues the agreement relationship by continuing to use the NetDebit service, then the change is effective for the customer. The customer will especially be asked to take note of this legal situation stated in the advance notice.
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9.2 Applicable Law / Jurisdiction
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This agreement is subject to the laws of the Federal Republic of Germany.
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The district court Dueren or the regional court Aachen are applicable for disputes arising from or in connection with the use of NetDebit services or its general agreement terms and conditions, provided the customer is a businessman or does not have a permanent residence in Germany, has moved his residence or domicile abroad after these conditions have become effective, or if his residence or domicile are not known at the time a legal action was filed.
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If one or several provisions of this agreement become or be ineffective, then the effectiveness of the remaining agreement will remain intact.
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Status: 24.01.2007
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This is the english translation of the General Terms and Conditions. In the case of obscurities the german text takes effect.
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