General Terms and Conditions of Contract and Business of NetDebit GmbH with Customers

Subject matter of the contract / scope

1.1 NetDebit GmbH specification of performance

The performance provided by NetDebit GmbH (hereafter referred to as: NetDebit) consists of the following two services which are provided to the customer, on the choice of the customer:

  • NetDebit acting as an "access provider" enables its customers to access premium content on the Internet by maintaining an electronic gate-keeping system. This content which is subject to a charge is provided by third parties who are not party to this contract. NetDebit is entitled to a separate claim for remuneration from the customer for granting the access. The access is provided by NetDebit via secure and individual access data which is communicated to the customer electronically.
  • As a "ticket provider" through a ticket shop, NetDebit provides its customers with electronic entrance tickets (e-tickets) for events run by third parties who are not party to this contract. NetDebit is entitled, for the provision of e-tickets, to a claim for remuneration from the customer. The e-tickets provided by NetDebit are sent to the customer by electronic means.

The customer is aware that NetDebit's performance is dependent upon technical circumstances such as possible overloading of telecommunications networks, the reachability of third-party servers, etc. NetDebit's performance therefore consists in granting access to Internet offers or the provision of e-tickets for 95% of the overall period of any calendar month.

1.2. Scope of the General Terms and Conditions

These General Terms and Conditions of Contract and Business form the basis for the contractual relationship between NetDebit and its customers, who are able to receive access to offers from third-parties on the Internet subject to a charge via the NetDebit gate-keeping system or who can purchase e-tickets from ticket shops for chargeable third-party events. The supplementary contractual conditions related to the contractual term, price, event content etc., additionally apply with these being communicated to the customer by lectronic means before an offer is actually booked, or before e-tickets are purchased, along with the NetDebit customer data protection statement.

NetDebit does not recognise any contradictory or supplementary terms and conditions of customers. This also applies where NetDebit provides its services to a customer whilst being aware of contradictory or divergent contractual terms and conditions.

2. Basic principles of contractual performance

2.1. Creation of the contract

The customer enters his or her own name or company name with a statement on the agency relationships, with postal address(es), bank details where applicable, e-mail address, statement on age, method of payment, alias and password into the input screen provided by NetDebit online and transmits this to NetDebit electronically. The customer undertakes to provide true and complete information. Once the customer information has been received NetDebit confirms receipt of this to the customer and reviews it.

A contract may only be concluded with customers who are over 18 years of age or where corresponding consent from a legal representative has been submitted.

When access is granted to Internet content, NetDebit will transmit the login data for the specific offer to the customer. The contract between NetDebit and the customer is concluded once the login data and other data has been received by the customer via a confirmation email.

When the customer purchases an e-ticket, NetDebit will transmit the e-tickets by electronic means to the customer. The contract between NetDebit and the customer is concluded once the e-tickets have been received by the customer.

2.2. Information obligation of the customer

Before making use of the access granted or before purchasing the e-tickets, the customer must become acquainted with the current relevant General Terms and Conditions of NetDebit and the current NetDebit prices which are provided on the relevant website accessed by the customer

2.3. Statements within the framework of the contractual relationship

All information on this contract is sent by NetDebit to the customer's e-mail address stated individually in the registration form.

3. Right of consumers to cancel the access granted to premium Internet content

Consumers within the meaning of section 13 of the German Civil Code (BGB), i.e. natural persons who enter into a legal transaction for purposes that are primarily outside their trade, business or profession, have a right to cancel. This cancellation right does not apply to the purchase of electronic entrance tickets (e-tickets).

3.1. Cancellation instruction

Right to cancel

You have the right to cancel this contract within fourteen days without providing a reason. The cancellation period is fourteen days from the date of entering into the contract.

In order to exercise this right to cancel you must inform us, NetDebit GmbH, Abendener Straße 11, 52385 Nideggen, Germany, fax: +49 (0)2427 90350-98; Email: kundenservice@netdebit.de, by way of an explicit declaration of your decision to cancel this contract (e.g. via letter sent by post or via fax or email). You may use the attached sample cancellation form for this purpose although this is not mandatory.

Sending the notification that you wish to exercise your right to cancel is sufficient for the purposes of adhering to the cancellation period.

Consequences of cancellation

If you cancel a contract for the supply of digital content which is not located on a physical data carrier then you do not have to pay compensation.

Special note

The right to cancel is revoked in the event of a contract for the supply of digital content which is not located on a physical data carrier if we have already begun to implement the contract after you have provided your express consent for us to begin with implementation of the contract prior to the expiry of the cancellation period, and you have confirmed your knowledge of the fact that through your consent you forfeit your right to cancel once implementation of the contract begins.

End of the cancellation instruction

4. Contract processing and customer obligations

4.1. Briefing of the customer

The customer is informed by NetDebit both on the website https://www.netdebit-payment.de as well as in writing, amongst others, of the following: Accepted means of payment; payment and delivery terms; price list; contract term and notice period; individual technical steps which lead to the conclusion of a contract; storage and accessibility of the contract document; possibility of recognising and rectifying input errors before the contractual declaration was provided; languages available for concluding the contract, customer service, content and sequence of events as well as the functionality of e-tickets.

4.2. Obligation of legitimate use

The customer is under an obligation to make legitimate use of the services provided by NetDebit. The customer affirms to NetDebit that the access to Internet content granted to third parties will not be abused for the purposes of accessing or disseminating illegal content or for breaching miscellaneous third-party rights (in particular intellectual property rights and competition law). In particular the dissemination of content which is harmful to minors, contains child pornography or is of an extremist and racist nature, the distribution of spam, virus attacks, chain letters and the abuse of NetDebit services for interference with the security precautions of third-party networks, hosts or accounts (cracking, hacking, and denial of service attacks) are forbidden. The customer also affirms to NetDebit not to use the booked events for legal infringements, and in particular not for illegal conduct.

4.3. Release from third-party claims

The customer will release NetDebit from any claims of third parties which are asserted as a consequence of the customer's culpability through the illegal use of the access to partner websites granted by NetDebit. The customer will inform NetDebit immediately of any third party utilisation which is based upon illegal use.

The customer will release NetDebit from any claims of third parties which are asserted as a consequence of its culpability through illegal conduct in the visit to events booked via NetDebit. The customer will inform NetDebit immediately of any third party utilisation which is based upon its illegal conduct.

4.4. Control of access to Internet content

If the customer intentionally or knowingly enables third parties to use his or her access to Internet content of the NetDebit-Partner then the customer declares his or her full responsibility for all online activities of these persons, for controlling the access and the use by these persons and for the consequences of any type of abuse culpably caused by the customer. The customer is liable in the event of fault for any abuse that occurs to this extent and must bear all costs incurred through the unauthorised usage.

4.5. Prohibition on assignment to third parties for a fee

The customer is not entitled to assign the services of NetDebit (granting of access and/or the provision of e-tickets) to third parties for their use for a fee, unless NetDebit has expressly approved the assignment in writing beforehand. Third parties are also deemed to be affiliated companies within the meaning of sections 15 et seq of the German Public Companies Act (AktG).

5. Billing

5.1. Remuneration claim

Remuneration is due for payment dependent upon the length of time that access is granted by NetDebit to an Internet offer. Remuneration is also due when the customer books e-tickets via NetDebit. The remuneration due date is based on the tariff booked. In cases of doubt, remuneration is due immediately.

The payment methods available are, at the customer's discretion, credit card, SEPA direct debit, immediate bank transfer, NetDebit Telepay (for broadband users) and payment on account.

5.2. Amount of remuneration

The precise amount of remuneration can be taken from the price list published in the electronic booking form.

5.3. Change to the remuneration

NetDebit may change the remuneration arising from the contract with the customer following a corresponding notification in text form with a minimum notice period of six weeks until it takes effect (effective date) by up to 8% compared with the existing remuneration amount.

In the event that the customer does not agree to the change then the customer has a one-month right of objection which can be exercised with effect at the effective date. The period for objection begins with the customer's receipt of the notification under sentence 1.

If the customer does not object within the period stated previously (receipt of the statement by NetDebit is decisive) or if he/she continues to use NetDebit's services in spite of the notification of the changes then the changes will be effective against the customer. This legal position will be pointed out to the customer in the notification in particular.

6. Default

6.1. Right to suspend services

If the customer is in default of payment of an amount that is not insignificant, or if there is a justified concern that a customer wishes to obtain services by fraud, NetDebit is entitled to suspend the granting of access promised under the contract and/or the provision of e-tickets until the customer has paid the liabilities due.

6.2. Default interest/damage caused by the default

In the event of default of payment on the part of the customer NetDebit is entitled to demand default interest at the statutory default interest rate. In the event that greater damage has been suffered by NetDebit through the default and this can be demonstrated then NetDebit is entitled to claim this. Furthermore, NetDebit is entitled to charge for the processing, dunning and collection fees incurred through the default in payment. The customer reserves the right to demonstrate that a lesser damage was suffered.

6.3. Collection agency

NetDebit reserves the right to assign all claims against a customer to a collection agency and to have these claims asserted by this agency.

7. Contract term/termination

7.1. Contract term

The contract is concluded for an indefinite period.

7.2. Termination

The contract can be properly terminated both by NetDebit as well as by the customer with the notice periods agreed for the given situation (see section 4.1).

A right to termination for just cause exists independently of this rule. Just cause which entitles NetDebit to an extraordinary termination exists in the following cases in particular:

  • Third parties are made aware of the access data
  • The customer does not make a payment in full of a significant amount owed for two consecutive months despite being requested to do so
  • The customer breaches essential contractual obligations

The contract must be terminated as a minimum in writing.

8. Assignment/offsetting

8.1. Assignment

NetDebit is entitled to assign its rights and obligations from this contractual relationship to a third party in whole or in part with a notification period of four weeks. In this case the customer is entitled to terminate the contract without adhering to a notice period at the point in time that the assignment takes effect.

The customer may only offset its own claims with claims against NetDebit where these have been determined with the force of law, are undisputed or have been expressly recognised by NetDebit.

8.2. Offsetting

NetDebit is entitled to offset customer claims with all claims against the customer; NetDebit is also entitled to collect claims using a SEPA direct debit from a customer account communicated to NetDebit insofar as the customer has expressed their agreement with this.

The customer may only offset its own claims with claims against NetDebit where these have been determined with the force of law, are undisputed or have been expressly recognised by NetDebit.

9. Liability

9.1 The customer is entitled to legal warranty rights. Liability exemptions and restrictions from NetDebit are based on the following figures

9.2 No liability for third-party content and/or events

NetDebit grants its customers login data for accessing content offered by third parties within the framework of the gate-keeping system. Responsibility for the content of the third-party websites and for any potential youth-protection measures, etc. rests with these third parties themselves. NetDebit accepts no warranty or liability for the content of these websites.

NetDebit provides its customers with e-tickets within the context of its ticket shop for events run by third parties. Responsibility for the content of the events rests with these third parties themselves. NetDebit accepts no warranty or liability for the content of these events.

9.3. Liability limits for own services

The access granted, or the provision of e-tickets, may be impaired for technical and operational reasons, e.g. force majeure, overloading of the telecommunications networks, maintenance and repair work, etc. NetDebit is only liable for these impairments where it is responsible for them. The customer will be informed of maintenance and repair work within a reasonable period of time.

In principle NetDebit is liable for claims under or outside of the contract for customer damages solely in the event of wilful intent or gross negligence. Where essential contractual obligations are breached, i.e. obligations which enable the proper performance of the contract and which the customer therefore trusts and may trust will be fulfilled, in the event of default of the debtor and for cases of impossibility of providing the service for which NetDebit is responsible then NetDebit will also be liable for any culpable breach of obligation of its employees and agents.

9.4. Limitation of liability to typically foreseeable damage

Except for cases of wilful intent/gross negligence on the part of NetDebit and the intentional/gross negligence of its legal representatives, employees or agents, the liability of NetDebit is limited to foreseeable damage that is typical for the contract.

9.5. Liability of legal representatives, employees or agents

Where the liability of NetDebit is excluded or limited then this also applies to the liability of the legal representatives, employees or agents of NetDebit.

9.6. Inapplicability of the limitation of liability in certain cases

The limitations of liability stated above do not apply to damage from injury to life, limb or health, nor to cases of mandatory statutory regulations such as the Product Liability Act.

10. Data protection

Personal data is collected, saved and processed in accordance with the NetDebit customer data protection statement which can be accessed at https://www.netdebit-payment.de/go/datenschutz/privacy_customer

11. Amendment to the general terms and conditions and supplementary contractual terms and conditions

NetDebit is entitled to make changes to these general terms and conditions and supplementary contractual terms and conditions for the future where there is a compelling reason. This occurs by way of a notification in text form with the new contractual terms and conditions attached and with typographic highlighting of the changes for the customer. NetDebit also announces changes to its contractual terms and conditions on the website https://www.netdebit-payment.de.

If the customer does not object to the change to the contractual terms and conditions within one month or if the customer continues the contractual relationship by using the services of NetDebit then the amended contractual terms and conditions will be effective against the customer. This legal position will be pointed out to the customer in the notification in particular.

12. Final provisions

12.1. Applicable law

The contractual relations between NetDebit and the customer are subject to substantive law of the Federal Republic of Germany with the exclusion of the UN Convention on Contracts for the International Sale of Goods. This does not apply where the customer is a aconsumer and mandatory statutory provisions of his or her country of residence provide other regulations.

12.2. Place of jurisdiction

In the event of any disputes arising out of or in connection with the use of NetDebit's services, these General Terms and Conditions, the supplementary contractual terms and conditions and the data protection statement for customers then the local court of Düren or the district court of Aachen shall have exclusive jurisdiction, insofar as the customer is a trader.

The agreement on the place of jurisdiction shall also apply where the customer has no fixed residence in Germany, has relocated his or her place of residence or usual abode abroad after these contractual terms and conditions have come into effect, or if the place of residence or usual abode is not known at the point in time that the proceedings commence.

12.3. Severability clause

In the event that one or more provisions of these General Terms and Conditions, the supplementary contractual terms and conditions or the data protection statement for customers are or become invalid then this will not affect the validity of the remaining contractual terms and conditions.

Last amended: 25/01/2017

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