General conditions of performance
Status of the GCP of Tec Media Services GmbH, hereinafter referred to as TMS: 01.01.2010
These TMS General Terms of Service (TIA) apply to all contracts with TMS customers and users. TMS provides services exclusively on the basis of this ALB. This also applies if the customer uses terms and conditions that contain deviating or contradictory terms from the ALB listed here and if TMS, in knowledge of such conditions, concludes the contract without further reservation.
The general rules in this Section 1 apply to all contracts. The special rules of the following sections also apply insofar as the service described there is concerned.
2. Cancellation policy acc. §§ 355, 312 d BGB
Withdrawal: You can cancel your contract within two weeks without giving reasons in writing (for example, by letter, fax, e-mail). The period begins after receipt of this instruction in text form, but not before conclusion of the contract and not before fulfillment of our obligations in accordance with § 312 c Abs. 2 BGB in connection with § 1 Abs. 1, 2 and 4 BGB-InfoV and our obligations according to § 312 1 para 1 sentence 1 BGB in conjunction with § 3 BGB-Info-V. To maintain the cancellation period, the timely dispatch of the revocation is sufficient.
The revocation must be sent to: Tec Media Services GmbH, Consul-Smidt-Strasse 90, 28217 Bremen.
Consequences of revocation: In the case of an effective revocation, the mutually received benefits shall be granted back and any benefits derived. If you can not give us back the service received in whole or in part or only in a deteriorated condition, you may have to pay us compensation. Obligations to reimburse payments must be fulfilled within 30 days. The period begins for you with the dispatch of your revocation, for us with their receipt.
Special hints: With a service your right of revocation expires prematurely, if your contracting party with the execution of the service with your explicit agreement before the end of the revocation period has started or you have arranged this yourself. The above right of revocation does not apply if the legal transaction can be attributed to your commercial or professional activity and / or you have concluded the contract in a retail store.
3. Services provided by TMS
TMS offers its customers a comprehensive service in connection with digital archiving via the Internet. The services can be ordered by the customer individually or in different combinations. The scope of performance and consideration is based on the contract of use signed by the customer for the Tec Media Services archiving software, in particular section 1 (subject matter and remuneration), in conjunction with the current price list at the time of conclusion of the contract and section 1 of this ALB relevant provisions.
4. Contractual, pre-contractual and non-contractual liability
In the event of slight negligence, TMS shall only be liable in the event of a breach of a material contractual obligation (cardinal obligation) in a manner which jeopardizes the purpose of the contract.
If the customer is an entrepreneur, a legal person under public law or a special fund under public law, then the liability shall be limited to the sum of the contractual fees that the customer has paid within two years prior to the occurrence of intent or gross negligence paid to TMS in the context of the specific contractual relationship.
The aforementioned limitations of liability also apply to the fault of vicarious agents of TMS, regardless of their length of service.
The aforementioned limitations of liability do not apply in the event of injury to life, body or health as well as liability in accordance with the Product Liability Act.
Within the scope of the Telecommunications Act, the liability rule of § 44 a TKG remains unaffected in any case.
5. Data usage and data protection
The customer is obliged to correctly and completely state the own data necessary for the execution of the contract. This applies in particular to the address data, the bank details and the e-mail address that is to serve as the contact address to TMS.
Personal data of customers are only used to answer the inquiries of the respective customer in order to handle contracts with it, as well as for the technical administration. They will only be passed on to third parties or otherwise transmitted as required for the purpose of contract execution, in particular in the context of passing on order data to suppliers.
The deletion of the stored personal data and other traffic data takes place if the customer so requests or if the storage for legal reasons would be inadmissible. Upon termination of the contract, the customer has the right to choose between the complete deletion and the complete storage of his traffic data.
TMS undertakes to maintain strict confidentiality with regard to all confidential information, in particular business and trade secrets of the customer, which it has come to realize as part of the preparation, execution and performance of this contract, neither to pass it on nor to exploit it in any other way.
6. Terms of payment
The customer authorizes TMS to collect all fees incurred under the contractual relationship, namely the one-time owed with effect of the contract and the recurring each in advance at the beginning of the billing period. This authorization also applies to new bank details communicated by the customer.
TMS provides an electronic invoice in the customer service area for each payment transaction. An invoice by e-mail is free. If the customer requests the postal delivery of an invoice, TMS may charge a fee of € 2.50 per invoice
The commercial customer owes maturity interest.
If the customer is in default of payment, TMS is entitled to charge processing fees of € 10.00 for each unjustified return debit note. In addition, TMS can block its services. Furthermore, TMS is entitled to assert default interest in the amount of 8% above the respective base interest rate in commercial transactions; in non-commercial traffic the default interest is 5%. TMS reserves the right to prove higher damage. The customer is free to prove a lesser damage.
If the customer defaults on payment of a significant portion of the remuneration for a period of two consecutive months or in an extended period equal to the monthly fee, TMS may terminate the contract for good cause without observing a time limit or refuse the contractually owed service for the duration of the delay. The same applies to one-off payments if the customer has been in arrears for at least 15% of the fee owed for more than one month. Furthermore, in these cases in commercial transactions, all claims without due regard to agreed payment terms immediately due. The same applies in non-commercial traffic if the customer has also failed to pay within a period of two weeks set by TMS with a due date for the due date.
The customer is not entitled to withhold or offset payments for alleged counterclaims, including warranty claims, unless the counterclaims are undisputed or legally established. This does not affect the right of the customer in non-commercial transactions to assert rights of retention based on the same legal relationship.
7. Communication between TMS and the customer
TMS may send information and declarations concerning the contractual relationship to the customer’s e-mail address. Customer will periodically check the email address provided to TMS as the contact address.
8. SCHUFA clause
The customer agrees that TMS receives information from SCHUFA HOLDING AG, Kormoranweg 5, 65201 Wiesbaden. He agrees that TMS transmits to the SCHUFA data on non-contractual payment behavior, insofar as this is permitted by the Federal Data Protection Act after weighing all the interests involved.
SCHUFA stores and transmits data to its contractual partners in the EU single market in order to provide them with information for assessing the creditworthiness of natural persons. The contractual partners of SCHUFA are above all credit institutions, credit cards and leasing companies. In addition, SCHUFA provides information to commercial, telecommunications and other companies that provide services and supplies against credit. The SCHUFA will only provide personal data if a legitimate interest in it has been credibly demonstrated in individual cases. To determine the debtor, the SCHUFA discloses address data. When providing information, SCHUFA may also provide its contractual partners with a probability value calculated from their database for assessing the credit risk (score method). The customer can obtain information from SCHUFA about the stored data concerning him. Further information on the SCHUFA information and score procedure is contained in a leaflet, which is available on request.
9. Place of Performance, Jurisdiction and Applicable Law
Place of performance and performance for contractual obligations of Tec Media Services GmbH is Consul-Smidt-Strasse 90 in 28217 Bremen. Place of fulfillment for payment obligations of the customer is, if the customer is a merchant, legal entity of public law or special fund under public law or has no general place of jurisdiction in Germany, also the location of the Office in Bremen.
If the customer is a merchant, legal entity under public law or special fund under public law or has no general place of jurisdiction in Germany, the place of jurisdiction is Bremen. TMS is also entitled to sue at the customer’s domicile or place of residence.
For all claims of any kind whatsoever arising out of this contract or on the basis of this contract, the law of the Federal Republic of Germany shall apply, excluding the Uniform UN Sales Convention (CISG).
Written form requirement for side agreements, additions or changes to this contract must be made in writing. This also applies to the above written form clause.
Severability clause – Should any provision of this contract be or become ineffective or impracticable, this shall not affect the validity of the remaining provisions of the contract. The invalid provisions shall be replaced by those by which a success coming as close as possible to the ineffective provision shall be validly achieved.