Terms and Conditions
These terms and conditions apply to all the FAX.de GmbH (hereinafter FAX.de) services provided / service services in the field of information distribution. They are part of any individual contractual arrangements concerning the use of reward FAX.de services (fax-to-many, text-to-many, many-to-E-Mail, E-Mail to fax, fax on demand, gateway services, EASY InternetFax etc.) . The Client (client, below? AG?) Recognizes the validity of these terms and conditions with the issuance of orders for FAX.de services.
§2 Contract, contract duration and termination
FAX.de offers are subject to change, unless expressly agreed in writing shall be binding. A contract is a written order confirmation or signing a written contract for the provision unspecified FAX.de services. Similarly, a contract will be signed by on-line registration (completing an online form, and its on-line transmission over the Internet to FAX.de) and activation of the service by FAX.de.
Fixed term contracts can not be properly terminated. The duration of contracts of indefinite duration is 12 months, if no contrary agreements have been reached. The right of extraordinary dismissal, remains particularly from those set out in individual contractual agreements reasons unaffected. Cancellations must be in writing.
Discount-or. Discount arrangements are down to their effectiveness kunden-und/oder order-writing. In tariffed services that are offered online via the Internet, which is written in terms of discounts and rebates expendable.
All prices are FOB the place of performance / FAX.de headquarters, they are net prices plus applicable statutory VAT .. Offers to individuals include VAT.
FAX.de has the right to change rates and prices at any time without notice for any reason. The AG receives from the fact of a price with the monthly statement or online processes, have been contracts via E-Mail note. If no price list accompanies the monthly bill, the AG is required to for full details, eg www.Fax.de information on the Internet at more closely.
The AG is the basic agreements and other contracts within a period of two weeks notice if a price is announced by more than 20%.
§4 Payment Terms
FAX.de invoices for services rendered will be issued monthly. Payment is due within 7 days of the invoice without deduction. The decisive factor is the addition to the relevant business account of FAX.de.
The AG may contest the accounting within 7 days of receipt of the invoice qualified. Performed within this period, no contradiction, the statement shall in the extent and the amount deemed accepted.
If the AG for payment in default, FAX.de has the right to deny) other services (eg, by lifting its launch, without prejudice to the contractual obligations of the AG in the rest of this.
Overdue accounts shall be from the first warning with 8 per cent pa remunerated. Any discounts granted and / or payment accounted for inside or outside court settlement proceedings, bankruptcy and in the initiation of judicial proceedings.
§5 Obligations / liability FAX.de
FAX.de provides its services in accordance with individual contractual service agreements in accordance with the provisions of the Federal Data Protection Act and the Telecommunications Act.
FAX.de is entitled to provide its services with the help of services of third parties. These third parties are committed to careful execution. FAX.de not liable for the negligence or failure of such parties. To that extent retention or compensation does not occur in particular due to negligence in the selection FAX.de considered.
The considerably more technically-oriented services FAX.de may temporarily be affected by disturbance and despite applying all diligence required by the underlying circumstances, temporarily fail. Other reasons for involuntary failure to attain power by FAX.de include strikes, lockouts, force majeure or repair and maintenance activities that serve the proper or improved operation of FAX.de services. The AG can therefore be deduced from the temporary impairment of the respective service FAX.de no rights.
FAX.de the AG provides free software to carry out FAX.de services available, the AG takes over the installation at your own risk. The liability for damage whilst also being updated as well to data files to the client is excluded, as for damages arising from abnormal operation.
Except in cases of intentional or grossly negligent injury, the AG against FAX.de no warranty or claims for direct and indirect damages, consequential and third-party damages.
§6 Obligations / liability of the AG
The AG will use the services of FAX.de and data provided by FAX.de content only for his own purposes. The use of data for third parties, including affiliates include, requires a separate agreement.
The AG will inform FAX.de immediately of changes in conditions of its tariff classification, as well as a significant deterioration of economic conditions.
The AG is responsible in its entirety that is using the services of FAX.de only within the legitimate scope and in particular, observe all relevant statutory and regulatory requirements. In particular, it is the AG expressly forbidden to have the Criminal Code so operating information or statements disregarding fundamental rights of others as well as topics and content that sexual and / or rassistischdiskriminierenden relation to ship with services from FAX.de to.
For the accuracy of the information used for the transmission of contact information (phone numbers, fax numbers, mobile numbers, etc.) and the accuracy of the content sent to the AG's sole responsibility. He assured FAX.de that beneficiaries are receiving their news content with the agreement. The originator of a message is FAX.de free from any claims of such third parties, which were pulled because of its messages sent via FAX.de affected.
The AG will FAX.de him recognizable disturbances in connection with the performance of FAX.de soon as possible, including any of the circumstances of their appearance, their appearance and their impact and support FAX.de in fault analysis and fault messages to a reasonable extent during normal business hours of the hotline FAX.de richten. If the fault-analysis suggests that the fault is not responsible FAX.de to the AG paid the expenses incurred under the normal system of FAX.de.
AG against violations of its obligations FAX.de entitled to extraordinary termination of the agreed data and other benefits if the violations are not only irrelevant. FAX.de is the AG, if it is appropriate to point out the violations and request having been sent for disposal. The AG shall indemnify FAX.de from third party claims arising from the breach of its obligations referred to in this clause may result.
FAX.de can change the details of cooperation between the contractors and the provision of contractual services within appropriate and expand.
§7 Final Provisions
These terms and conditions take precedence over the provisions of the respective individual contracts for specific services FAX.de. These terms and conditions do apply in addition, also for future agreements between the parties, even if not expressly referred to such products.
The AG may transfer rights from the contract with FAX.de only with prior written consent from FAX.de to a third party.
These terms and conditions and the written rules of the specific contracts, the agreements give the other party once again complete. The same applies to the related online contracts formulated by FAX.de Solutions package. Agreements do not exist. Changes and additions to the contract content must be in writing by Vertragsnachträge, which also applies to this clause.
The contractor can satisfy their obligations under the individual contract of retention only make claims and / or declare off, if the counter-claims from the respective individual contracts are established and are either undisputed or legally valid.
FAX.de is entitled to personal information of the AG and its customers in accordance with laws on privacy and data security to save the necessary technical and organizational arrangements to process and use in so far as it is feasible to implement all the relevant contract of works.
Should one or more provisions of its contractual agreements between the parties or become invalid, without prejudice to the validity of the remaining provisions. The contractor will replace the ineffective provision in such a scheme, which is the economically willed to be legally placed on the next. Until then, such a scheme is agreed. The same applies to the case of a hole of regulation.
Performance for the FAX.de services are established and establishment of FAX.de. For all legal relations subject to the laws of the Federal Republic of Germany, exclusive jurisdiction is Hamburg.