General Terms and Conditions
of the crocsystems international UG, represented through the executive director Roland Farkas, Neidhartstraße 29a, 86159 Augsburg, Germany (hereinafter referred to as „Supplier“) for Server Monitoring solutions.
- Please note, these Terms and Conditions were issued first in the German language, the following are a translation from German into English -
§ 1 General and Application
(1) The following Terms and Conditions are valid for every, also future, business relations between the Supplier and his Customers. The valid version at the conclusion of the contract is decisive in each case.
(2) Consumer means, in terms of these general terms and conditions, every natural person who enters into a legal transaction for a purpose that is outside his trade, business or profession.
An Entrepreneur means, in terms of these general terms and conditions, a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession.
Customers for the purposes of such terms and conditions are consumers as well as Entrepreneurs.
(3) Individual contract agreements have priority ante these general terms and conditions. Diverging, conflicting or complementary general terms and conditions do not become a part of the contract, unless, their validity is expressly agreed.
§ 2 Conclusion of the contract
(1) The offers of the Supplier are subject to change and non-binding, provided that nothing else arises from it.
(2) The Customer can only order through the on-line form of the webpage. The Customer’s order is a binding offer on the conclusion of a service contract of the ordered service. By selecting the button “Send order” in the scope of the order transaction on the webpage www.global-server-monitoring.com, the Customer releases a binding offer of the selected service package.
(3) The Supplier will immediately confirm the entrance of the Customer’s order and the conclusion of the contract by email.
(4) Provided that the Customer orders the service on electronic way, the Supplier will store the contract text and, after concluding the contract, will send it by e-mail to the Customer.
§ 3 Right of Witһdrawal
Consumers can withdrawal their contractual statement as follows.
- Withdrawal instructions for Consumers
You have the right to revoke your contractual statement without giving reasons in written form (e.g., letter, fax, e-mail) within one month. The cancellation period begins at the earliest on receipt of these instructions in written form, however, not before concluding the contract not either before performing our duty to inform according to § 312 c paragraph 2 BGB (German Civil Code) in connection with § 1 paragraph 1, 2 and 4 BGB-InfoV (Reporting Requirement Regulation) as well as our duties according to § 312 e paragraph 1 line 1 BGB (German Civil Code) in connection with § 3 BGB-InfoV (German Civil Code – Reporting Requirement Regulation). The revocation period shall be deemed by sending the revocation in due time.
Declaration of revocation shall be sent to
crocsystems international UG
Neidhartstraße 29 a
86159 Augsburg
E-Mail: support(at)global-server-monitoring(dot)com
Fax: +49 (0)821/ 54 09 54 93
Consequences of the revocation:
In case of a valid revocation, both parties shall return the achievement or benefits (e.g. interests) received. Should not be any possibility to return the benefits received, not completely either partly or just in degraded conditions, a compensation shall be paid.
Payments shall be refunded within 30 days. The period begins for you at dispatch of the notice of revocation, and for us with its receipt.
Particular information:
In case of a service, your right of withdrawal will expire before maturity, if, due to your explicit approval, the contract is completely fulfilled by both parties before you have used your right to withdrawal.
- End of withdrawal instructions -
§ 4 Term and Termination
(1) The contractual statement is concluded for an indefinite period and both parties may terminate it at any time at the end of any month without stating any reasons
(2) The right to extraordinary termination for cause shall be unaffected. A cause on the part of the Supplier is particularly given when
(a) the Customer does not comply with his payment obligations, in spite of reminder, within four weeks or, in case of recurrence, does not pay the reminder within two weeks;
(b) the Customer is insolvent, or insolvency proceedings are opened regarding his assets or due to the lack of funds the application of insolvency proceedings has been rejected;
(c) the Customer offends against essential contractual duties in spite of admonition; in case of offence against criminal regulations or a congruent suspicion an admonition is unnecessary.
(3) The termination of the contract is formless possible. For the termination notice, the Customer may use the termination facility provided on the portal or, should this not be possible due to technical reasons, the Customer may send a written notification to the Supplier stating his data and e-mail address provided on the registration or an e-mail to the customer service at the address support(at)global-server-monitoring(dot)com.
§ 5 Prices and Payment Terms
(1) The quoted price is binding. Prices include statutory Value Added Tax.
(2) Customers may pay the services of the Supplier via credit card or in the country specific e-commerce payment method. The Supplier reserves the right to exclude single payment methods. Details to the respective payment methods may be seen on the webpage www.global-server-monitoring.com.
(3) Usage independent remunerations become due at the end of the free 30 days test phase after registration and should be performed in advance without deduction to the Supplier for the selected period. Usage depending remunerations are due after issuing an invoice.
(4) Customer’s performances should first clear interest and costs as well as any prior debt.
(5) The Customer has a right to compensation only if his cоunterclaims are legally established or are not denied. The Customer can carry out a right of retention only if his counterclaim is based on the same contract relation.
(6) Provided that the Customer is in default, the Supplier can cease the corresponding service. The cessation does not lead to a discontinuance of the duty of remuneration of the Customer. The Supplier is entitled, according to § 288 BGB (German Civil Code), to assert default interests in case of default.
(7) The Supplier is entitled to modify the prices within an adequate term of at least one month. Provided that the Customer does not disagree within that term after being communicated the price modification, that modification is considered to be approved. The Supplier will indicate this legal consequence in the notification.
§ 6 Performances
(1) The scope of services for the particular service arises from the respective service description at the time of the order of the service.
(2) The service in the single packages may be modified by the Supplier provided that, considering the interests of the Supplier, is reasonable for the Customer. A modification of the service is in any case possible provided that the Supplier announces it within a term of one month and informs the Customer in this notification to the fact that the modification affects him provided that he does not disagree within the term.
§ 7 Duties of the Customer
(1) The Customer shall provide all data completely and accurately. The Customer shall further inform the Supplier about emerging modifications of his data. This obligation is particularly effective in case of name, e-mail address and telephone number modifications.
(2) The Customer commits to arrange the use of the resources provided to him in such way that the security and/or availability and/or system integrity and/or availability of the systems of the Supplier are not affected.
§ 8 Liability
(1) With slightly negligent breaches of duty the liability limits on, depending the kind of product, predictable, contractual, immediate average damages. This is also valid to slightly negligent breaches of duty of the statutory agents or assistant or agent of the Supplier. The Supplier is not liable for slightly negligent violation of inessential contractual obligations. However, the Supplier is liable for the violation of the Customer’s essential contract obligated legal positions. Essential contract obligated legal positions are those which the contract has to grant to the Customer according to the subject matter and purposes of the contract. The Supplier is further liable for the violation of liabilities whose fulfilment allows the proper realisation of the contract and in whose realisation the Customer shall trust.
(2) The actual state of technology cannot guaranty an error free and/or always available data communication on the internet. Therefore, the Supplier does not undertake any liability for technical or other problems which are not within the Supplier’s control (for example force majeure, fault of third party) and which are not represented by the Supplier according to § 8 paragraph 1 of these Terms and Conditions.
(3) The Supplier guarantees for the offered services 98 % availability monthly average or 99 % annual average, provided that the Supplier does not act deliberately or grossly negligent. Excluded from this are times in which the services of the Supplier cannot be provided due to technical or other problems which are not within the Supplier’s control (for example force majeure, fault of third party).
(4) The preceding restrictions of liability do not concern Customer’s claims from guarantees and/or product liability. The restrictions of liability will not be applied in case of fraudulent intent, violation the essential contractual obligations nor if the Supplier is accusable of personal injury, impairment to healtһ and death of the Customer.
(5) The Supplier is only liable for the own contents on his web pages. As far as access to other web pages by means of links is possible, the Supplier is not responsible for the external content. The Supplier does not embrace the external content. In case that the Supplier is informed about illegal contents on external web pages, the Supplier will remove the link provided that this is technically possible and reasonable to him.
§ 9 Privacy Policy
(1) Customer data are stored and processed by the Supplier considering the appropriate regulations of the German Federal Data Protection Act (BDSG) and the German Telemedia Act (TMG). Personal data are asked exclusively for the settlement of the order, unless the Customer wishes additional support services.
(2) Disclosure of the Customer’s personal data to third parties does not take place. Excepted are service partners who may require the conveyance of the data for the contract liquidation. Nevertheless, in these cases the scope of the submitted data is reduced to the bare minimum.
(3) The Customer has a right on information as well as a right on rectification, disabling and deletion of his stored data. The Customer may obtain any time a deletion of his data. He has the right to require any time information above the stand of his stored data under e-mail: support(at)global-server-monitoring(dot)com. As long as legal or contractual compulsory safekeeping conflict, data will be disabled.
(4) Customer’s personal data are naturally treated in strict confidence, and in particular it will not be passed on third parties for the purposes of advertisement or polling and marketing
For further information please visit the Data Privacy Policy.
§ 10 Final Clause
(1) This agreement shall be governed by the laws of the Federal Republic of Germany. Concerning consumers who enter into the legal transaction for a purpose that is outside his trade, business or profession, these laws shall be insofar considerate if this allowed protection were detracted through the consumer’s usual residence mandatory regulations. The UN Convention on Contracts for the International Sale of Goods regulations shall not be applied.
(2) If the client is a merchant, statutory juristic person or public law special legal estate, the jurisdiction for all litigations from this contract shall be the Court in which the Supplier’s business location has its seat, provided that an exclusive jurisdiction is not given. The same applies if the client has no general jurisdiction in Germany or residence or usual stay is not known at the time of the filing of the action.