Terms of NSG Net Solution Ltd.
Version 1.01 1. Scope
The NSG Net GmbH based in Berlin (the NSG) puts the customer ordered
Internet services, or products included with all power components and
may responsible for additional services (hereinafter referred to
throughout the NSG Internet service) belong exclusively to the
following conditions for available.
In addition to the following terms and
conditions apply to the contract if any) the relevant specific terms
and conditions (SGB the NSG Network Services.
2. 2. Leistungsumfang, Entgelte Scope of services, fees
2.1 The scope of services is derived from the customer information,
particularly so in the current at time of order Internet service of the
NSG or from any other job accompanying information.
2.2 The use of the NSG Network Services are only
for the duration of the contract and the applicable charges under the
contract.The use of all NSG Network Services on the duration of the contract also is excluded.
The customer will receive for each payment transaction with an electronic or written statement.
NSG reserves the right to amend the charges to the beginning of a new billing period.
Amendments are published in a separately established by the NSG website
and communicated to the customer with a reasonable time prior to the
date of his e-mail address or by post.
Increases in charges cause an extraordinary termination of the customer with a period of 2 weeks. At the time of the order known increases
in fees (eg the expiry of the temporary reduction of combined offers)
any separate notice, and shall not require special termination.
2.4 Payment of fees carried out principally by direct debit.The customer authorizes NSG, as specified on the order specified to
collect fees incurred over the period of validity of account.
Otherwise, the annual price upon receipt of invoice is due and must be paid within 14 days from receipt of invoice.
The authorization also
extends to subsequently occurring and variable charges, other fees or
purchase prices and new banking information supplied by the customer.The monthly average wage is collected under the contract in the period ahead. One-time charges, the
up-front fees, variable charges, and purchase prices for other products
will be collected at delivery of services, or immediately before
delivery.
2.5 The customer is
also responsible for bills caused by other authorized or unauthorized
people using his access code, responsible, unless the customer has this
not represented.The customer has to prove that he was not responsible.
2.6 In this context, the customer agrees to keep
protected from personal access code and password to his care and
against access by third parties and to protect it from misuse and loss. In addition, the customer has to modify the
automatically assigned password immediately after the first dial into
the NSG and Internet service at the request of NSG. It provides NSG free of claims or costs arising from the breach of contract.
2.7 NSG begins with the performance of the
NSG Internet service directly to the credit of the first direct debit
or other payment process.
2.8 Should change DENIC eG (German central authority
for Internet addresses ending in "en", in the following briefly called
DENIC) or other relevant awarding bodies should make their pricing or
their billing model to Internet addresses (called domains), as NSG is
entitled to The charges against the customer to adapt the change takes
effect without prior periods. If such an adjustment be unreasonable, the customer shall have a special right of termination.
2.9 Against claims of NSG, the customer may set off only with undisputed or validly determined counterclaims. The client is entitled to assert a right to refuse service just because of undisputed or legally established counterclaims.
3. Provided contents, programs and data
3.1 of
the NSG within the NSG Network Services, made accessible content, text,
image and sound materials and programs (such as CGI modules) are
usually protected by copyright.The customer of an Internet presence can benefit
from such NSG materials provided to create your own Internet content
for the duration of the contract under-run on NSG website address and
personalize the content, or even modify.
The other use
(including copying, sale and transfer to a third party) is allowed only
with written approval by the NSG, or authorized rights owners.
3.2 NSG is liable
for the correctness, accuracy, desired functionality and completeness
of the content and package components in excess of the liability rule
in paragraph 12 NSG is to incorporate content that
is not on its own servers of the NSG is not responsible for and can -
without prejudice to paragraph 15 - not to be responsible for this
content.
3.3 The compilation of statistics by the customer are stored on the server of the client so-called log files. NSG provides the customer prepared statistics on hits on its website available. An analysis of the log files
from NSG is only with the purpose of providing customers centrally
processed and compressed results in accordance with customer
information. Beyond this storage and use by NSG is excluded.
4. Rules for individually created content transmitted or
4.1 The Client undertakes to submit
offers for its business-like name and address, registration and
registration number, with associations of persons and groups, including
the name and address of the authorized representatives and, where
appropriate, meet the other statutory requirements of § 6 TDG too.
4.2 The Client shall ensure that the content does not violate the law. In addition, the deposit of erotic,
pornographic, extremist (in particular right-wing) or content contrary
to morality in the context of the NSG Network Services is not allowed.This applies even if such content
through hyperlinks and other interactive links, which the customer puts
on third party sites that are accessible. NSG has the right above the content immediately without further notice and to delete them. Does a customer is essential or even after warning
against these conditions, NSG has the right to terminate the contract
because of important reasons.
4.3 NSG
reserves the right content that could affect the normal operation or
the security compromise of the server to block or prevent its operation
principle, in each case. This concerns in particular CGI program modules, PHP and ASP are not retained in the program library.
NSG also reserves the
right to block the offer by the Customer without further notice if the
customer makes their own programs to work as part of its bid, which
affect the normal operation or the security of the server.
4.4 points to the need for
observance and compliance with relevant statutory provisions so far,
state and / or competition rules of professional associations, business
practices for community businesses, etc. hin. out.
4.5
The customer is aware that, for all participants in the transmission of
the Internet in general it is possible to obtain by transmitting data
by unauthorized people. This risk is taken by the customer.
4.6 The customers and users of "Route Anfahrts-Pro is the Euro-City map with currently 11,900 city networks. The geocoded maps and other content are supplied by the NSG partners. In the
selection and acquisition of this material utmost care is taken and
carried out random checks on accuracy, completeness and timeliness.
Nevertheless, it is possible that certain contents inaccurate, incomplete or not current. For this purpose, NSG shall accept no liability
as to the usefulness of the retrieved data for customers and users of
the route planner Anfahrts per customer. The map is regularly updated at least annually.
5. Registration, change, modification and termination of domains on Internet Sites
5.1 NSG granted by telephone or the Internet generally only binding information about the availability of a domain. Between information
and registration of a contract may be made to a third party by DENIC or
another entity, without the NSG then takes effect, or have acquired
knowledge.
5.2 The registration of a domain is, if nothing deviant was agreed as a German "de" - domain. The data on registration will be forwarded to an automated process with no guarantee to DENIC, or any other competent body.
The customer can expect a real allocation only if the Internet service under the NSG or the name you want has been provided. Any liability and warranty for
the allocation of domain names and ordered for the interim award to
another party are excluded from the NSG.
5.3 If requested by the customer domains will
no longer be available, the NSG may be specified by the customer to
consider alternatives to the series. If none of the specified name, or a sufficient number is available, NSG
will require additional domain names for registration by the customer.
5.4 NSG maintained during the duration of the contract
concluded with the customer contract, all domains on the basis of the
applicable guidelines of the relevant awarding bodies to apply in
addition to these Terms. If De domains are the subject of the contract, there are also the
DENIC registry conditions and the public procurement directives. Furthermore, is the
Uniform Domain Name Dispute Resolution Policy (UDRP) of ICANN, which
applies to all in this organization registered top level domains. The
Customer acknowledges the application of the UDRP as a procedure for
resolving domain name disputes.
If changes to these
guidelines, or if the conditions for registering and maintaining
domains change for other reasons, NSG and the customer are willing to
adapt their contractual relationship.
5.5 NSG carries out the filing and
registration of domains in the name and on behalf of the customer and
helps the customer as a beneficial owner of the domain. For each service can be a single
designated by the beneficial owner of divergent people per service,
which takes into account instead of the customer. NSG will, as usual, as the "tech-c" is entered.
The customer knows that the name and
address of each beneficial owner at DENIC and in the RIPE database are
stored permanently and absolutely, and in the so-called "whois" - query
on the Internet (eg via www.denic.de) for himself and others are
accessible at all times.
5.6 The customer or the beneficial owner of any
other contract should wish to end the continued use of a domain through
another provider, then do so without delay, the NSG is required to
grant approval without additional consideration, unless the contract
fees are paid.
5.7 There is the possibility for individual services, available domains, which at the time of another
Providers are cared for in the future as part of the contract allow for NSG support. The customer knows that the successful re-registration of a release date of the domain supervising agent is required. NSG will therefore try several times to a reasonable extent, to successfully carry out the re-registration. NSG can not accept in the absence of release of the third party, no guarantee for the successful re-registration.
Should have been agreed for the
re-registration a fee, the customer is pay benefits even in the absence
of this release to NSG for this. A successfully register your
domain is in the relationship between NSG and the customer otherwise be
treated as a newly registered domain under the arrangement adopted here.
5.8 In the event of termination for cause by NSG NSG has the right to deny access to the NSG Internet service immediately. NSG NSG may also, in this case, content and email messages without setting a grace deposited immediately block. An important
reason for NSG is in particular, if a bankruptcy claims against the
assets of the customer, or the opening will be rejected for lack of
funds. If the
customer fails for two consecutive months with the payment of a
significant proportion of the payment or in a period lasting longer
than two months with an amount equal to one month's pay, in default,
NSG may terminate the contract for cause without notice .
5.9 The Customer agrees to cooperate
in exchange of the supervisor and a domain registration, amendment or
cancellation of a domain in the required scope and the giving of
statements where necessary.
5.10 of the
client should hire other domain types (such as. Com,. At,. Ch), the
above-mentioned method as a whole taking into account the applicable
procurement rules.
6. Customer Responsibility for content and domain name
6.1 The customer is responsible
for all of it through his access code, or by third parties through its
NSGInternet service produced or published content itself. A general check or review this content by NSG does not take place.
6.2 NSG reviewed the contents of the customer also not as to whether third-party claims are justified or not applicable. On the Internet it is common that up locked in a legal clarification of credible data on demand of any third party. Customer agrees to accept, therefore, to block access to its contents
in the event that third-party claims are credible collected.
6.3 The Customer warrants that to its
knowledge of connectivity or a domain name registration does not
infringe any rights of third parties. The Customer acknowledges that he is solely responsible for the choice of domain names. In the event that any third
party rights to the domain name to make credible claims NSG reserves
the right to suspend the domain name in question pending the judicial
clarification of the dispute.
6.4 If for NSG in 4 and 6 make-described reasons, a lockout, the customer still NSG to pay benefits.The customer agrees with all the measures it has taken the NSG in order to perform all court rulings and decisions. The customer NSG regarding the number 2 to 4 Furthermore, claims by third parties, all costs and adverse effects free.
7. Data Security and Online Transfers
7.1 If data to be transmitted NSG - in whatever form - the customer is responsible for making backup copies.NSG's servers are backed up in accordance with customer information regularly. In the event of data loss, the customer still
entering the relevant database is again free of charge transferred to
the server from NSG.
7.2 Various custom settings of the NSG Network Services will be established online (www.nsg-berlin.de).The transfer of such data is at risk of the customer over the Internet without guarantee of NSG. The messages are valid as it is
received and used by NSG and the receipt of new data over the Internet
used as binding for performance implementation.
These delays are occurring due to technical reasons and are outside the
responsibility of the NSG and therefore no shortage dar.
8. Receiving and sending emails
8.1 The
customer agrees that sending NSG and its partners to its e-mail address
in the NSG Internet service emails to inform a reasonable extent. To distinguish these emails they are labeled appropriately.
8.2 NSG becomes
known that the customer emails illegally by providing his domain name
or shipped contrary to generally accepted rules of communication on the
Internet, reserves the NSG, the service to temporarily block or
permanently. This also applies to transfers ( "Postings") by commercial or unlawful messages in public newsgroups on the Internet.
NSG should make one of these reasons barring, the customer is yet to pay benefits NSG.
8.3 NSG has
the right to delete provided POP3 account (the main addresses for
e-mails) received emails to a) after it is retrieved by the customer,
b) after being circulated in accordance with customer orders, c) they
were saved after 60 days.
9. Contract start and end of
9.1 The Client
and NSG to the contract without giving any reason with notice to the
relevant order form and in the appropriate customer information
designated deadline.
9.2 A notice required to be effective in writing by letter or fax. A termination for cause because of the urgency can be made alternatively by email.
9.3 NSG can freephone freephone services or additional services at any time set a deadline of 30 days. On the statement of setting a notification by email is sufficient.
9.4 The customer may wish to switch to another NSG
Internet service with a different rate, so far available and
technically feasible. A switch to a service that's Cheaper fare can be the end of the prepaid period. he shift to a service with a higher tariff at any time.The provision of additional services carried out as fast, the
calculation of the tariff is increased from the date of the changeover. NSG may recover from the change of tariffs resulting claims are also made by direct debit. Credits will be deducted from future benefits.
When the future is the final deadline for the newly selected Internet service in the customer information specified period.
10. Availability, maintenance, service disruptions
10.1 In general, the NSG Network Services are available 24 hours a day, 7 days a week. An availability guarantee does not exist. NSG does not therefore warrant the uninterrupted availability of data. One of the NSG for
liability due to technical failures caused data loss, broken
transmissions or other problems in this context is excluded.
10.2. Unless otherwise stated in these terms and not legitimately otherwise
provided, NSG has to immediately remove disruptions of access to the
NSG Internet service as part of the technical and operational
capabilities. The customer is)
required to access interference NSG recognizable immediately made
available to view but within 7 calendar days of knowledge in writing or
by email (failure report.
11. Retention of title, on loan release
111.1 Delivered goods remain until payment of the purchase price as conditional goods owned by NSG.
11.2 The licensed hardware and software may not be altered, modified, resold, awarded or pledged. Should the hardware be incomplete or significantly above average wear, the customer will replace the resulting damage. If the hardware and software are not returned after one reminder, NSG
is entitled in the event of default, demand fair compensation at the
rate of list price. The customer will delete copies of software when left after termination of the contract and not used further.
12. Liability and compensation claims
12.1 NSG is only liable for
damage caused by NSG, their legal representatives, employees or any of
its agents are caused by gross negligence or willful misconduct. The foregoing limitation of liability apply to contractual and non-contractual claims. Not affect the liability remains at a slightly negligent violation of
life, limb and / or for personal injury and after the Product Liability
Act.
12.2 Except in cases of intent
or gross negligence of employees or intent of legal representatives or
executives, the liability shall be limited in amount to the terms of
contract typically foreseeable damage. The amount of the liability is limited for each
product (eg per Internet Complete package, etc.) on each of the monthly
total paid fee, but no more than to the contract value for two years. In any case, the total liability for each customer and the damage is limited to € 3,000.
12.3 The use of the NSG Network Services is therefore gem. the limitation of paragraph 12.1. This refers
in particular to the functionality and virus-free content and software
(eg Java applets, CGI modules), which can be download via the NSG and
activate Internet service.
12.4 NSG is not
responsible for the correct operation of infrastructure or
communication of the internet that are not within the responsibility of
NSG or its agents, unless exceptionally a liability exists under
section 11.1.
112.5 All claims for compensation barred after a period of one year from the knowledge of the injurious event. This does not apply to intentional conduct of legal representatives, employees or agents of NSG.
12.6 unjustified notice of defects
Cost wearing entsehen from unwarranted complaints, the customer.
13. Privacy
13.1 NSG needs for the good use, operation and further development of the service of some data of the user. NSG collects, processes and uses personal data
of customers, provided these are necessary for the establishment,
registration and changes of the reasoned with him contract (inventory
data).
13.2 NSG collects, processes and
uses personal data of customers through the use of the services offered
by NSG, to the extent necessary to enable the user to access such
services (usage data) or the use of these services bill (payroll data).
13.3 NSG is also allowed to process personal data of customers for the
purpose of consulting, advertising, market research or for presenting
services offered by NSG and use. The customer gives his explicit consent to contract.This can be revoked at any time in the future.
14. Miscellaneous
14.1 NSG is entitled to use third-party service providers and agents
with the provision of parts or the whole range of services to. NSG has the right to
use the Internet infrastructure and the implementation services and
agents or contractors, switch any time without prior notice to the
customer thus far caused no disadvantages.
14.2 The terms and conditions referred to in the announcements of the
NSG to the customer as well as become necessary in the course of daily
business communication from the NSG published separately on a dedicated
website and sent to his e-mail address or by post. Notices shall be deemed to the
entry, but no later than the publication and the resulting product
availability, at this address as notified to retrieve, regardless of
the date on which the customer is actually such messages.
14.3
Changes to Terms and Conditions will be posted for the purposes of 14.2
and the Customers at least 4 weeks before the date by email to or post
indicated. For this purpose, instead of attaching the complete
text, a reference to the address on the Internet, under the new version
is available, sufficient. If such changes will be challenged within one month from notification, they shall be deemed approved.
As
used herein, the Customer may terminate the contract without notice
within one month after receipt of the notice of change.
14.4 Alterations, amendments and agreements must be
provided in these Terms and Conditions specified otherwise, for their
effectiveness in writing. The writing requirement also applies for the waiver of this procedural requirement.
14.5 NSG is free
to use for the provision of services in the course of technological
progress and other newer technologies, systems, procedures or
standards, as originally offered so far caused the customer derives no
disadvantage.
14.6 A sale of individual divisions of the NSG, or a change of shareholders shall not establish a special termination.
14.7 If the customer is a merchant, a legal entity under public law or a public special assets, is the venue in Berlin. Es gilt das Recht der Bundesrepublik Deutschland. It is the law of the Federal Republic of Germany.
