General Terms and Conditions
General Terms and Conditions of Klick-Sys GmbH as of October 2021
§ 1 Validity of the terms and conditions
(1) Klick-Sys GmbH provides its services exclusively on the basis of these terms and conditions. They also apply to all future business relationships, even if they are not expressly agreed again.
(2) Deviations from these terms and conditions shall only be effective if Klick-Sys GmbH confirms them in writing.
(3) Collateral agreements or assurances by Klick-Sys GmbH representatives that go beyond the content of the respective contract, including these terms and conditions, must be made in writing to be effective.
§ 2 Conclusion of the contract
(1) The contract for the use of Klick-Sys GmbH services is concluded with the countersignature of a basic contract by Klick-Sys GmbH. Klick-Sys GmbH may make the conclusion of the contract dependent on the submission of a written power of attorney or an advance payment or a guarantee declaration from a German bank.
(2) Insofar as Klick-Sys GmbH uses third parties to provide the services offered, these third parties shall not become contractual partners of the customer. Furthermore, there is no contractual relationship between the customers of Klick-Sys GmbH that can be justified solely by the joint use of the services.
§ 3 Termination
(1) Contracts come into force with the signing of the basic contract and are concluded for a fixed period defined in the contract.
(2) Contracts can be terminated at the earliest at the end of the first usage period. Unless otherwise specified in the contract, notice of termination must be sent to Klick-Sys GmbH in writing by registered mail at least 3 months before the end of the usage period.
§ 4 Scope of services
(1) Klick-Sys GmbH provides the customer with access to the existing communication infrastructure and the use of value-added services. The scope of the contractual services is set out in the offer, the basic contract and any attached annex(es).
(2) Insofar as Klick-Sys GmbH provides services free of charge, these can be discontinued at any time – with advance notice – or continued to be offered for a fee. This shall not give rise to a claim for reduction, reimbursement or compensation.
§ 5 Duties and obligations of the customer
(1) The customer is obliged to use the Klick-Sys GmbH services properly. In particular, he is obliged
a) to inform Klick-Sys GmbH immediately, at the latest within one month, of any changes to the contractual basis;
b) to inform Klick-Sys GmbH immediately of any changes in the conditions for tariff classification;
c) not to misuse the access option to the Klick-Sys GmbH services and to refrain from illegal actions;
d) to keep the access information provided to him inaccessible to unauthorized third parties and to ensure that authorized third parties cannot access the Klick-Sys GmbH services.
e) to ensure compliance with legal regulations and official requirements, insofar as these are currently or in the future necessary for participation in the Klick-Sys GmbH network;
f) to take into account and follow recognized principles of data security;
g) to notify Klick-Sys GmbH immediately of any recognizable defects or damage (fault report) and to take all measures that enable the defects or damage and their causes to be determined or that facilitate and accelerate the elimination of the fault;
h) to reimburse Klick-Sys GmbH for expenses incurred by the inspection of its facilities after a fault report has been submitted, if and to the extent that the inspection reveals that a fault occurred in the customer’s area of responsibility;
i) to reimburse Klick-Sys GmbH for material and personnel expenses incurred and expenses incurred in the event of a breach of contract;
j) not to store any immoral, illegal or prohibited content on its WWW pages. The customer is responsible and liable for the content of his WWW pages.
(2) If the customer breaches the obligations specified in paragraph 1 b) to d), Klick-Sys GmbH shall be entitled to terminate the contractual relationship immediately and in other cases after unsuccessful warning without notice.
(3) Details of the interaction between users can be agreed by means of user regulations. Infringements
§ 6 Use by third parties
(1) Direct or indirect use of Klick-Sys GmbH services by third parties is only permitted with the express written permission of Klick-Sys GmbH.
(2) If use by third parties is permitted, the customer must properly instruct them in the use of the services. If use by third parties is not permitted, this shall not give rise to any claim for reduction, reimbursement or compensation.
(3) The customer must also pay the fees incurred within the scope of the access and usage options made available to him through authorized or unauthorized use of the Klick-Sys GmbH services by third parties.
§ 7 Terms of payment
(1) Klick-Sys GmbH shall invoice the Customer for the services agreed in the contract and the annex(es) at the rates or fees and conditions specified in the corresponding annex(es) plus statutory VAT.
Invoices shall be issued quarterly, at the beginning of each quarter.
(2) The agreed contingent-based fixed fees are payable quarterly in advance and are due upon receipt of the invoice. If the fee is payable for parts of a calendar month, it shall be calculated at 1/30 of the monthly fee for each day.
(3) Other fees, in particular usage-dependent, variable fees (traffic fees), are payable after the service has been provided and are due upon receipt of the invoice.
(4) Line and communication costs (telecom fees) between the customer and the Klick-Sys GmbH connection point are to be borne by the customer. If separate costs (e.g. terminal adapter, exclusive modem provision, etc.) are incurred for a connection on the Klick-Sys GmbH side, these will be charged to the customer.
(5) Klick-Sys GmbH shall provide the Customer with the corresponding proof of use in a suitable and – if available – electronic form.
§ 8 Right of set-off and retention, delays in performance, reimbursement
(1) The customer may only set off claims of Klick-Sys GmbH against undisputed or legally established claims. The customer shall only be entitled to assert a right of retention due to counterclaims arising from the concluded contract.
(2) Klick-Sys GmbH shall not be responsible for delays in delivery and performance due to force majeure and due to events that make performance significantly more difficult or impossible for Klick-Sys GmbH – this includes in particular strikes, lockouts, official orders, the failure of communication networks and gateways of other operators, disruptions in the area of TELEKOM services, etc., even if they occur at suppliers or subcontractors of Klick-Sys GmbH or their sub-suppliers and subcontractors – even in the case of bindingly agreed deadlines and dates. They entitle Klick-Sys GmbH to postpone the delivery or service.
(3) In the event of service failures due to a fault outside the area of responsibility of Klick-Sys GmbH, no reimbursement of fees will be made. Otherwise, downtimes will only be reimbursed if Klick-Sys GmbH or one of its vicarious agents or vicarious agents is responsible for the error or has caused it at least negligently and the downtime period extends over more than one working day.
(4) If an obstruction that is significant lasts longer than one week, the customer is entitled to reduce the monthly fees and charges that are based on a pre-order of traffic-dependent services (contingents) accordingly from the time the obstruction occurs until the next termination date. A significant impediment exists if
a) the customer can no longer access the Klick-Sys GmbH infrastructure for reasons for which the customer is not responsible and can therefore no longer use the services listed in the contract, b) the use of these services is significantly more difficult overall or the use of individual services listed in the contract becomes impossible, or comparable restrictions exist.
§ 9 Default of payment
(1) In the event of default of payment by the customer, Klick-Sys GmbH is entitled to charge interest of 5% above the base interest rate of the Discount Rate Transition Act from the relevant date, unless Klick-Sys GmbH proves a higher interest burden.
(2) Klick-Sys GmbH maintains a hotline that can be reached by email.
§ 10 Availability of services
(1) Klick-Sys GmbH offers its services 24 hours a day, 7 days a week. Necessary service interruptions for preventive maintenance work will be announced as early as possible. Klick-Sys GmbH will eliminate malfunctions of its technical equipment as quickly as possible within the scope of the existing technical and operational possibilities.
(2) Klick-Sys GmbH maintains a hotline that can be reached by email.
§ 11 Confidentiality and data protection
(1 see the data protection declaration in its most current form.
(2) If Klick-Sys GmbH uses third parties to provide the services offered, Klick-Sys GmbH is entitled to disclose the subscriber data if this is necessary to ensure operation. Klick-Sys GmbH guarantees that all persons entrusted by Klick-Sys GmbH with the execution of this contract know and observe the relevant data protection regulations in their respective valid version. For his part, the participant is not authorized to obtain data and information not intended for him or the third party by means of Klick-Sys GmbH services.
(3) Insofar as this is provided for in internationally recognized technical standards and the customer does not object, information about him will be made accessible to third parties (directory services).
(4) The customer agrees that Klick-Sys GmbH may, at its discretion, name the customer as a reference customer.
§ 12 Liability and limitation of liability
(1) Claims for damages arising from impossibility of performance, positive breach of contract, culpa in contrahendo and tort are excluded both against Klick-Sys GmbH and in relation to its vicarious agents, unless there is intentional or grossly negligent action. Liability for warranted characteristics remains unaffected.
(2) Klick-Sys GmbH shall not be liable for damages resulting from the fact that Klick-Sys GmbH services are not provided as a result of force majeure or labor disputes. Klick-Sys GmbH is not liable for loss of profit, not for indirect damages; be it that these arise with the customer or third parties.
(3) Klick-Sys GmbH is not liable for the information transmitted via its services, neither for its completeness, accuracy or timeliness, nor for the fact that it is free of third-party rights or that the sender acts unlawfully by transmitting the information.
(4) The customer shall be liable for all consequences and disadvantages incurred by Klick-Sys GmbH or third parties due to the improper or illegal use of the Klick-Sys GmbH services or due to the fact that the customer does not fulfill his other obligations. (5) Unless other provisions of these terms and conditions exclude liability, it is excluded for damages that
a) by the use of Klick-Sys GmbH services
b) by the transmission and storage of data
c) by the use of programs and data transmitted by Klick-Sys GmbH,
d) by the omission of checks regarding stored or transmitted data on the part of Klick-Sys GmbH,
e) or because the required storage or transmission of data by Klick-Sys GmbH did not take place, shall be limited in amount to the proven damage, at most in the amount of the comparable service fees of TELEKOM on which the damage is based, unless there is intent or gross negligence. Otherwise, the liability of Klick-Sys GmbH for the Customer shall be limited
§ 13 Final provisions
(1) The place of performance shall be Wiesbaden, Federal Republic of Germany. The exclusive place of jurisdiction for all claims arising from and on the basis of contracts concluded on the basis of these terms and conditions and all disputes arising between the parties regarding the conclusion, execution or termination of the contract is – insofar as agreed between the parties – the registered office of Klick-Sys GmbH.
(2) Contracts concluded on the basis of these terms and conditions shall be governed exclusively by the law of the Federal Republic of Germany.
(3) The legal successor of the customer shall also be bound by the obligations arising from contracts concluded on the basis of these terms and conditions.
(4) The Customer shall also be bound to the legal successor of Klick-Sys GmbH by the obligations arising from contracts concluded on the basis of these terms and conditions.
(5) Should a provision of this agreement be or become invalid, this shall not affect the validity of the remaining provisions. Rather, the invalid provision shall be replaced by a substitute provision which corresponds or at least comes close to the purpose of the agreement and which the parties would have agreed to achieve the same economic result if they had been aware of the invalidity of the provision. The same applies accordingly to the incompleteness of the provisions.