OUR API
Terms of Service
Basics
1. Basics
1.1 Validity of the terms and conditions
These general terms and conditions (GTC) apply to all deliveries and services that Pro Concept Enterprises GmbH (hereinafter referred to as PCE) provides to the customer.
The mutual rights and obligations of the contractual partners are determined exclusively by the content of the order accepted by PCE and its general terms and conditions and any other product or service-specific supplementary terms and conditions of PCE that may exist.
General terms and conditions of the customer only apply if PCE has expressly submitted to them in writing. PCE's terms and conditions also apply to future transactions between the contracting parties, even if no reference is made to them again when the contract is concluded in the future. PCE's terms and conditions also apply to additional and / or change orders sent after the contract has been concluded. Unless otherwise agreed in these terms and conditions, the general terms of delivery, published by the Association of the Electrical and Electronics Industry Germany, apply in the currently applicable version; the customer confirms that this has been brought to his attention. This does not apply to consumers. The terms and conditions with the relevant service descriptions and the remuneration provisions form an integral part of every contractual relationship that is concluded with PCE. These terms and conditions, including the service descriptions and remuneration provisions that are relevant to the services in question and not individually agreed, are available for inspection at PCE in their currently valid version or can be accessed on the PCE homepage (at www.pro-concept- enterprises.com).
1.2 Conclusion of the contract, start of the period
A contractual relationship between PCE and the customer comes about when PCE has issued an order confirmation (by letter, fax or email) after receipt of the order or order, or with the actual provision of services (e.g. services of any kind or opening of Internet access or announcement of user login and password or setting up a web space or placing necessary orders with third parties etc.). With the exception of consumers, all PCE offers are always subject to change.
1.3 Changes to the terms and conditions
Changes to the GTC can be made by PCE and are also effective for existing contractual relationships. The current version is available on the PCE website (www.pro-concpt- enterprises.com) (or will be sent to the customer on request). If the change does not exclusively benefit customers, the changes will be announced at least two months before the new provisions come into effect. In this case, PCE will summarize the main content of the change to the customer at least one month before the change comes into effect and inform the customer in a suitable form in writing, for example by printing on a periodically issued invoice, and point out that he is entitled to the contract free of charge up to this point in time to terminate. The full text of the changes can be requested from PCE at any time upon request.
1.4 Transfer of Rights and Obligations
PCE's customers are not entitled to transfer the rights and obligations from this contract to a third party without the prior, verifiable consent. PCE is authorized to transfer its obligations in whole or in part, thus also with regard to individual services, or the entire contract with debt-discharging effect, to a third party and will notify the customer thereof. This does not apply to consumer transactions; the right to use vicarious agents remains unaffected. The use of the contractual service by third parties, as well as the transfer of these services to third parties for a fee, requires the express consent of PCE. The customer can also transfer individual rights without consent (e.g. repayment claims). If a resale has been agreed, resellers are in any case obliged to bind these terms and conditions to their contractual partners and indemnify and hold harmless HXS in this regard.
1.5 No power of attorney for PCE employees
PCE sales partners or sales employees as well as technical supervisors have no power of attorney to make declarations, to make promises or to receive payments on behalf of PCE. It is expressly pointed out that vicarious agents of PCE are not authorized to make or change oral individual agreements. The exclusion of verbal side agreements does not apply to consumers.
1.6 contractual relationship; Rejection of contractual relationships
PCE is entitled to request all necessary information about the identity as well as the legal capacity of the customer by submitting official documents such as photo IDs and registration forms as well as proof of the existence of a signing or representation authority from the customer. Furthermore, upon request by PCE, the customer must provide a delivery address and a paying agent in Germany and provide evidence of domestic bank details. PCE is entitled to check all information provided by the customer and his creditworthiness. In particular, PCE is not obliged to establish a contractual relationship with a customer if the latter is in arrears with payment obligations towards PCE, in the past 12 months with a contractual relationship due to breach of other essential contractual obligations, in particular those that ensure the functionality of a public communication network or serve to protect third parties, was terminated by PCE, the latter is a minor or whose legal capacity is limited for other reasons and there is no declaration of liability by the legal representative (trustee, etc.), the latter applies for an out-of-court settlement or a settlement, Bankruptcy or preliminary proceedings or a full execution is opened or approved or the opening of such proceedings is rejected due to a lack of cost-covering assets, or the latter cannot provide evidence of domestic bank details or whose en creditworthiness is not given for other reasons, the latter does not disclose a domestic delivery address or paying agent despite a request from PCE, there is a reasonable suspicion of misusing communication services or related services, in particular with fraudulent or damaging intent, or tolerating or tolerating misuse by third parties has already misused it or has tolerated misuse by third parties or there is reasonable suspicion that the services of PCE are mainly to be used by a third party who has the above-mentioned reasons for rejection or who has provided incorrect or incomplete information as to which make an assessment in accordance with the above-mentioned reasons for rejection not possible. PCE is entitled to make the conclusion of the contract dependent either on a security deposit or on an advance payment in accordance with Section 7.4 of these GTC.
In the absence of an express agreement to the contrary, the customer is responsible for obtaining any telecommunications authority approval that may be required or any other official approval. The same also applies to obtaining any necessary permits under private law or the consent of third parties. In this regard, the customer is liable to PCE for the completeness and correctness of his information. The customer undertakes to ensure that the contract is charged, if necessary, for example through the IGF 1957 Fees Act and in particular has to pay the fees, taxes and other charges prescribed for this.
2. Services from this contract 2.1 Services provided by PCE
2.1 Services of the PCE
The scope of the contractual services results from the respective service description at the time of the conclusion of the contract and the respective related agreements of the contracting parties, in particular about additional services. Should the scope of a product group expand after the conclusion of the contract, the customer will not be notified of this separately. Friendly customer rule: in the case of operational tests, PCE will provide the contractual service within the scope of the limited technical and operational possibilities resulting from the test. Both contracting parties are aware that they are participating in an experiment which aims both to uncover problems in day-to-day operations and to solve them. A guarantee for the reliability of the service provision in the case of operational trials is only assumed within the scope of the trial-related agreed service.
2.2 Deadline for the provision of services
The following provisions apply to all services provided by PCE, paying special attention to the provision of services in the telecommunications sector and the provision of continuous services with rolling billing. The communication services are provided, unless otherwise agreed in the respective order form or in the order confirmation, within four weeks of the acceptance of the contract by PCE, or four weeks after the point in time at which the customer has met all of the technical and other requirements incumbent on him (Section 2.4 .) has created ("availability date" for short).
If the delivery date is not met, compensation is excluded, but only in the case of slight negligence and not in the case of personal injury. If the service cannot be made operational for reasons for which the customer is responsible, PCE is entitled to withdraw from the contract or to cancel the order for an additional service if the customer does not comply with a reasonable grace period set by PCE.
In this case, the customer has to reimburse PCE for the expenses for work already carried out, but not beyond the remuneration agreed for the production of the service. Furthermore, in the event of negligence, the customer has to pay the monthly fee - at least one full billing interval - for the time between the offer of the operational provision of the service and the withdrawal from the contract or the cancellation of the order for an additional service. Without prejudice to HXS 'claims for damages, including pre-litigation costs, in the event of withdrawal, services already rendered or partial services must be invoiced and paid for in accordance with the contract. This also applies if the delivery or service has not yet been accepted by the customer, as well as for preparatory work performed by PCE. Instead, PCE is also entitled to request the return of items that have already been delivered. Other consequences of the withdrawal are excluded. Withdrawals according to the consumer protection law are excluded. Delivery and service delays due to force majeure and due to events that make the service significantly more difficult or impossible for PCE - this includes in particular strikes, lockouts, official orders - even if they occur at suppliers or subcontractors of PCE or their sub-suppliers, subcontractors, PCE has Not responsible even in the case of bindingly agreed deadlines and dates, unless they were caused by PCE with gross negligence or intent. Delivery and service delays due to force majeure and due to events that make the service significantly more difficult or impossible for PCE entitle PCE to postpone the delivery or service by the duration of the delay plus a reasonable start-up time, provided that the duration is reasonable for the customer, in particular if it is insignificant and objectively justified. In the event of service failures due to a disruption outside the area of responsibility of PCE, no reimbursement of fees will be made. Any warranty claims by consumers remain unaffected.
2.3 Troubleshooting
Faults in telecommunications services for which PCE is responsible will be resolved within two weeks at the latest. If this period is exceeded, point 2.2 applies. analogous. The customer has to support PCE in the localization of the fault and fault location within the scope of his possibilities and to grant PCE or third parties commissioned by him the necessary access at any time to enable the fault rectification. If PCE or a third party commissioned by it is called to rectify the fault and it is established that there is no disruption in the provision of the contractually agreed services, but the customer has nevertheless culpably erroneously commissioned the trouble-shooting or the customer is responsible for the disruption itself the customer to reimburse PCE for all expenses incurred as a result in accordance with the remuneration provisions. Insofar as this is necessary to carry out operationally necessary work or to avoid disruptions to the network or due to an official order, PCE is entitled to temporarily not provide services, in particular to interrupt connections in its telecommunications networks or to limit their duration, insofar as this is objectively justified and is insignificant. PCE must rectify any interruption, inability to operate or other technical malfunctions without culpable delay.
2.4 Customer's duty to cooperate
If necessary, the customer shall provide all hardware and software necessary for smooth installation in his subscriber terminal equipment as well as other necessary devices at his own expense, unless these are to be provided by PCE on the basis of a special agreement. The customer also provides all other necessary technical requirements (e.g. power supply, suitable rooms, etc.) at his own expense and will obtain any necessary consent from third parties and provide all necessary clarifications (including the routing of electrical and water lines) in order to ensure a smooth installation enable. The customer cannot derive any legal consequences if he uses devices that do not meet the necessary technical requirements and services are therefore not fully available to him.
2.5 Services quality
PCE ensures that the agreed service quality is guaranteed. The compensation or reimbursement in the event of non-compliance with the quality of the service is based on the liability provisions of Section 6. The geographical availability of mobile services in Germany is spatially limited to the reception and transmission area (network coverage) of the third-party mobile network used by PCE in Germany. Should cellular services be used for certain services (e.g. backup lines), their availability is beyond the PCE's sphere of influence. Mobile services are based on the use of radio waves. The corresponding network coverage forecasts can therefore only represent average values for their spread. The actual reception conditions depend on a large number of influences (e.g. structural conditions of buildings, shading, atmospheric conditions, etc.), some of which are beyond the control of PCE. There may therefore be deviations in geographical availability for which PCE is not responsible. In any case, the customer has the statutory warranty claims.
2.6 Transfer or sale of software or APIs (interfaces) by PCE
Software or APIs sold to the customer are subject to retention of title until full payment has been made. If PCE software or Api's are made available to the customer for use, these remain the property of PCE, even if they have been installed, and must be returned to PCE immediately upon termination of the contract at the customer's expense, otherwise the full purchase price will be invoiced unless otherwise agreed. This also applies accordingly to third-party software or APIs. The customer and the persons subject to his area of responsibility must use these devices or accessories with the greatest possible care; in the event of damage, the customer is not released from his obligation to pay. Service and maintenance of rented end devices as well as accessories are carried out exclusively by PCE or their agents for the entire duration of the contract. Goods and devices that have already been delivered for an upcoming service and are located in the customer's premises or in premises allocated by the customer are already considered to have been delivered and are subject to the customer's duty of safekeeping from the time of delivery. All software or APIs, whether sold or intended for sale or made available for use, are subject to the customer's duty of care from the time of delivery. This applies to goods and devices delivered or made available for use by PCE as well as by third parties.
3. Fees and changes in fees
3.1 Valid fees
The fees for the use of an internet service are based on the current price list at the time of the conclusion of the contract; this also gives rise to the respective index adjustment clause. (We hereby explicitly refer to §25 TKG (https://www.jusline.at/gesetz/tkg/paragraf/25). Deviating agreements must be made in writing. The written form requirement does not apply to consumers. The customer acknowledges that the The fees set for Internet access only include "pure" Internet access (Internet connectivity), but not, for example, transmission fees (e.g. telephone costs) or fees charged by third parties for the use of services on the Internet - unless explicitly agreed otherwise Deliveries by PCE are subject to the agreed prices from the order of the PCE, any packaging and shipping costs, unless otherwise agreed, are to be borne by the customer. As a core competence focuses on the B2B & B2C area, all prices are exclusive of statutory sales tax. Consumers are listed - if already recognizable as such in the consultation - always pointed out in this regard u nd are also given the gross prices. Not included are the costs that may be charged by third parties for the use of services that can be accessed via the connection at the Point of Presence . Remuneration claims from other operators, which are prescribed to the customer on account of PCE on the basis of the contract or an agreement on the additional service - e.g. remuneration claims from Internet providers are equivalent to remuneration claims from PCE.
3.2 Angel components
There is a rolling (e.g. monthly) fixed (e.g. basic fee for Internet access, fees for the use of a dedicated Internet line, for domain registration and for any rental of software and support contracts, etc.), variable (depending on the data transfer volume, the Connection duration or the actual support effort) and one-time fees (e.g. setup and installation fees for Internet access, setup fees for domain registration, one-time or project-oriented support expenses). The relationship between these fees differs depending on the product, whereby the respective fee provisions are authoritative. Data packages are to be calculated by PCE when the product is ordered and made available by the customer.
3.3 Change in fees
PCE reserves the right to change (increase or decrease) the fee in the event of changes to the costs relevant to its calculation (e.g. personnel costs, interconnection fees, electricity costs, telecommunications line costs, index adjustments). In the case of consumers, an increased fee may only be demanded insofar as the occurrence of the circumstances relevant for the change in charge does not depend on the will of PCE, and no further charges may be demanded from consumers for services that are to be provided within two months of the conclusion of the contract. This also applies to changes or the introduction of taxes and other public charges that affect the calculation of the fee. The customer's right of termination when changing prices in accordance with Section 25 (3) TKG 2003 https://www.jusline.at/gesetz/tkg/paragraf/25 is excluded if there is a price reduction or the prices are subject to an in the index specified in the price list or otherwise agreed. If discounts or other special conditions have been agreed with the customer, the customer does not participate in any price reductions, unless expressly agreed otherwise. In the event of a change in the fees that is not exclusively advantageous, the customer has the right to terminate the contract. Changes to the fees will be communicated to the customer in writing by letter or email. Unless a flat rate based on average cost rates is set for the calculation of the fees based on expenditure, the following applies to the calculation of the costs incurred: The costs incurred include the costs for the material, the labor costs, the administration surcharge, the travel expenses and the transport costs. The costs incurred also include costs for work performed by third parties on behalf of PCE (entrepreneurial services). The cost of the material that is used is calculated based on the standard commercial price. Labor costs are calculated according to unit rates for the hours worked. The unit rates are determined on the basis of the salaries, wages and ancillary fees paid plus the ancillary wage costs. The surcharges for overtime, Sunday and holiday working hours as well as for night working hours are usually not calculated separately. The times for the trips count as working hours. Fractions of a working hour are rounded to full quarter hours. The administration surcharge is determined on the basis of the labor costs according to the share of the associated administrative expenses. For the transport of material and the technical equipment, the necessary transport costs are calculated according to hourly or kilometer rates.
4. Payments
4.1 Billing
Rolling fees are billed in advance on the key date of a month defined for the customer for a billing period (usually one month unless otherwise agreed). Non-rolling costs are either also billed on the same key date or project-oriented after the project has been completed.
4.2 Method of Payment
Payment is made monthly after the booking date and is stored in the system with a credit card, depending on the billing. If no collection of claims according to the direct debit authorization procedure is agreed with the customer, PCE is entitled to manually request an invoice processing fee for each invoice in the event of incorrect entries, which require manual allocation, as well as according to payment reminder and dunning procedures for the booked system ( Software & APIs) temporarily inaccessible to the customer. The customer must submit all declarations required for this form of payment processing and, if necessary, repeat them on request, as well as provide all necessary information immediately.
4.3 Due date
Unless otherwise agreed, payments are due without deductions in accordance with the agreed payment term. The billing dates result from the order or purchase order. In case of doubt, one-off costs can be charged immediately after the contract is concluded or delivery, ongoing, consumption-independent costs monthly in advance, and ongoing consumption-dependent costs monthly in retrospect. Other fees are generally to be paid after the service has been provided. Fees for the provision of a service are to be paid in advance at PCE's request. In the case of purchase, the agreed price will be invoiced after the equipment has been installed or shipped and is due for payment without any deductions after receipt of the delivery and the invoice in accordance with the agreed payment term. A payment is deemed to have been made on the day on which PCE can dispose of it. Unless otherwise agreed, basic charges and other monthly charges are to be paid pro rata for the remainder of the month or the billing period on the day on which the line was made operational. Thereafter, they are to be paid in advance, whereby several rolling fees may be stipulated together for accounting reasons. In the case of the planned annual payment (see point 7.1. GTC), basic fees and other monthly fees are to be paid in advance for one contract year.
4.4 Default in payment, default interest
In the event of default in payment, PCE can make all outstanding claims from this or other transactions due and charge default interest for these amounts from the respective due date in the amount of the statutory interest, from the occurrence of default plus the statutory sales tax, unless PCE can provide evidence of additional costs. In any case, PCE is entitled to invoice pre-litigation costs, in particular reminder fees and legal fees, insofar as these are necessary for appropriate legal prosecution. Granted discounts or bonuses are conditional upon the timely receipt of full payment. PCE reserves the right to assert further claims due to default in payment.
4.5 Objections to the invoice and incorrect invoices
If a billing error is found in the area of communication services, which could have been detrimental to the customer, and the correct fee cannot be determined, the customer owes a flat fee for the billing period in question, which corresponds to the average extent of the use of the telecommunications service corresponds to the extent that the operator can credibly demonstrate consumption to this extent. (Section 71 (4) TKG) Objections to the invoiced claims must be raised by the customer within 14 days of the invoice date, otherwise the claim is deemed to be accepted. PCE will inform consumers of this deadline and the legal consequences of non-compliance. Statutory claims of the customer in the event of justified objections after the above-mentioned deadlines have expired remain unaffected. If payment claims are paid without issuing an invoice, the customer must raise objections in writing to HXS within one month after payment of the claim, otherwise the claim is deemed to be accepted. Due to timely objections, PCE has to check all the factors on which the determination of the disputed payment claim is based and to confirm the correctness of the disputed payment claim or to change the invoice accordingly on the basis of the result. PCE is entitled to first carry out a standardized verification procedure. If, after an examination by PCE, the customer's objections turn out to be unjustified from the point of view of PCE, the customer has the arbitration procedure with the To initiate the regulatory authority (Rundfunk und Telekom-Regulierung GmbH) and to take legal action within one month after the unsuccessful conclusion of the arbitration procedure. If the customer does not want an arbitration procedure, he has to take legal action within three months of receipt of the HXS statement, otherwise he loses the right to raise objections. PCE will inform consumers of all deadlines mentioned in this section 4.5 and the legal consequences that arise if they are not complied with.
4.6 Dispute Resolution
Without prejudice to the jurisdiction of the ordinary courts, customers can submit disputes or complaints (regarding the quality of the service, payment disputes that have not been satisfactorily resolved, or an alleged violation of the TKG 2003) to the regulatory authority. PCE is obliged to participate in such a procedure and to provide all information necessary to assess the situation and to submit the necessary documents. The regulatory authority has to bring about an amicable solution or communicate its opinion on the case brought to the parties.
4.7 Due date of the invoice amount in the event of objections
Objections do not prevent the invoice amount from becoming due. However, if the responsible regulatory authority (Rundfunk- und Telekom-Regulierung GmbH) is called to resolve the dispute, the due date of the disputed fees will be postponed until the dispute has been settled. In this case, too, an amount that corresponds to the average of the last three undisputed invoice amounts is due immediately.
4.8 Offsetting
Offsetting against open claims against PCE and withholding payments on the basis of claims of the customer that are alleged but not recognized by HXS is excluded. In amendment of this point, the following applies to consumer transactions: Offsetting with outstanding claims against PCE is only possible if either PCE is insolvent, or the mutual claims are in a legal context, or the counterclaim of the contractual partner has been judicially determined or recognized by PCE . If a credit is not possible, the credit will not be paid out in cash, but only transferred to an account to be specified by the customer.
4.9 Exclusion of the right of retention for customers
Rights of the customer to refuse his contractual services according to § 1052 ABGB to obtain or secure the consideration, as well as his statutory rights of retention are excluded. This provision does not apply to consumer transactions.
4.10 Remuneration statement
The customer invoice (remuneration statement) contains the following information: customer name, customer address, tax-relevant identification (e.g. UID), invoice date, customer number, calculation period, invoice number, fees for services charged on a rolling basis, for variable services, for one-time fixed services, total price excluding VAT, VAT, Total price including VAT, as well as any discounts granted insofar as these would have to be shown separately.
5. Warranty
5.1 Warranty period
The warranty period for consumers is 2 years, in all other cases 6 months. In the case of installment transactions with consumers, this period is extended up to the due date of the last partial payment, whereby the customer retains the right to assert his warranty claims if he has notified the PCE of the defect by then.
5.2 Correction of Defects
(This point does not apply to consumer transactions) Defects subject to warranty will be remedied at PCE's discretion either by repair or replacement. Price reduction or conversion is excluded. Warranty claims require that the customer has reported the defects that have occurred in writing and in detail within 2 working days of delivery. This point 5.2. does not apply to consumer transactions. A right of recourse according to § 933b ABGB is excluded.
5.3 Disclaimer of Warranties
The warranty excludes defects that result from arrangement and assembly not carried out by PCE (this does not apply if self-assembly was agreed by the customer or a third party and was carried out professionally or in the case of permissible and professionally carried out replacement work by the customer or third party, because PCE has not fulfilled its obligation to improve within a reasonable period despite notification of the defect), inadequate equipment, failure to observe the installation requirements and conditions of use, overuse beyond the performance specified by the PCE, improper handling and use of unsuitable operating materials; this also applies to defects that can be traced back to material provided by the customer. PCE is not liable for damage that can be traced back to atmospheric discharges, overvoltages and chemical influences, except for damage caused by PCE with gross negligence or willful intent. The warranty does not apply to the replacement of parts that are subject to natural wear and tear, unless a defect was already present at the time of delivery. A warranty claim according to §9 KSchG remains unaffected by this regulation.
5.4 Notification of defects
Except for consumers, the prerequisite for any warranty claims is the filing of an immediate (within a reasonable period as specified in point 5.2.) And written, detailed and concrete notice of defects after the defect has been identified.
6. Liability of the PCE; Disclaimers and Limitations; Customer Obligations
6.1 Disclaimer of Liability
The following applies to companies: PCE operates the services offered with the greatest possible care, reliability and availability. PCE is only liable for damage outside the scope of the Product Liability Act if it can be proven that it has acted with willful intent or gross negligence within the framework of the statutory provisions. Liability for slight negligence, compensation for consequential damage and pecuniary damage, unrealized savings, loss of interest, lost profit, lost data and damage from claims by third parties against the customer (except for personal injury) are - as far as mandatory law does not conflict with this - excluded and PCE's obligation to pay compensation is limited to 3,500 euros for each damage-causing event and to 35,000 euros for all of the injured parties for each damage-causing event. If the total damage exceeds the maximum limit, the claims for compensation of the individual injured parties are proportionally reduced. Deviating from this, the following applies to consumers: PCE assumes no liability for damage caused by a required but not granted telecommunications license or other official approvals or by required but not granted private law approvals or the consent of third parties. In the event of non-compliance with any conditions for assembly, commissioning and use or the official approval conditions, any compensation for damages is excluded, insofar as this non-compliance has caused the defect. This does not apply to intent or gross negligence on the part of PCE or a vicarious agent, except in the case of gross negligence or willful misconduct, data transmitted or requested not for content, completeness, correctness, etc. and for data that can be accessed via PCE. PCE operates the offered services with the greatest possible care, reliability and availability in mind. PCE cannot guarantee that these services will be accessible without interruption, that the desired connections can always be established or that stored data will be preserved under all circumstances. The customer is liable for payment claims from communication services that have arisen through the use of services by third parties, insofar as he is responsible for this within his sphere of influence. The customer must only use the connection provided as intended and refrain from any improper use. In particular, the customer must ensure that no threatening or annoying calls or data transfers are made from the connection made available to him.
6.2 HXS disclaimer of liability with regard to the availability of the services; Undeliverability of emails
PCE operates the offered services with the greatest possible care, reliability and availability in mind. For technical reasons, however, it is not possible that these services are accessible without interruption, that the desired connections can always be established, or that stored data is retained under all circumstances. In particular, for technical reasons, it cannot be guaranteed that emails will actually arrive or that related error messages will be sent. In particular, due to spam filters, virus filters etc. (set up by PCE or by the customer), the delivery of emails can be prevented. PCE assumes no liability for this, unless PCE has acted willfully or with gross negligence. The other exclusions of liability or limitations remain unaffected. PCE reserves the right to temporary restrictions due to its own capacity limits, provided that they are reasonable for the customer, in particular because they are insignificant and objectively justified and are based on reasons that are independent of the will of PCE. In the event of force majeure, strikes, restrictions on the services of other network operators or during repair and maintenance work, there may be restrictions or interruptions in the provision of Internet services. PCE is not liable for such failures unless it was caused by it with willful intent or gross negligence. In the case of unreasonably long interruptions or unreasonable restrictions, the right of the customer to terminate the contract for an important reason remains unaffected. PCE assumes no liability whatsoever for content that is, is to be transported or is accessible via the Internet. No liability is accepted for data loss, unless the data loss was caused by PCE intentionally or through gross negligence. It is noted that Section 6.2 does not affect any warranty claims by consumers.
6.3 PCE's disclaimer of liability with regard to transferred data; Damage caused by viruses, hackers, etc.
Furthermore, PCE is not liable for data requested by the customer from the Internet or for emails received from it (including viruses and the like) or for services from third-party service providers, even if the customer has access to these via a Link from the homepage of the PCE. PCE assumes no liability if PCE has not acted willfully or with gross negligence. The customer is aware and acknowledges that the use of the Internet is associated with uncertainties (e.g. viruses, Trojan horses, attacks by hackers, intrusions into WLAN systems, etc.).
6.4 Exclusion of liability for breaches of duty by the customer; Obligations of the customer
PCE is not liable for damage caused by the customer due to non-compliance with the contract and its components, in particular these general terms and conditions, or through improper use.
6.4.1 Internet access protection
The customer is obliged to keep his passwords secret. He is liable for damage caused by insufficient secrecy of the passwords by the customer or by passing them on to third parties. The customer is liable for all payment claims from communication services resulting from the use of his connection or his access data (also by third parties), provided that PCE is not responsible for the improper use. Further claims for damages and any other claims by PCE remain unaffected.
6.4.2 interference with third parties; Spam and spam protection
The customer undertakes not to use the contractual services in any way that would impair third parties, or for which the PCE or other computers could be a security or operational hazard. In particular, spamming (aggressive direct mailing via e-mail) or any use of the service to transmit threats, profanity, harassment or to harm other Internet users is prohibited. The customer undertakes to use suitable and sufficiently secure technical facilities and settings. If difficulties arise for the PCE or for third parties due to insecure technical equipment of the customer (eg open mail relays), the customer is obliged to indemnify and hold harmless; The PCE is also entitled to block the customer immediately or to take other suitable measures (e.g. blocking individual ports). PCE will endeavor to use the mildest means in each case. PCE will immediately inform the customer about the measure taken and the reason for it.
6.4.3 Obligation of the customer to comply with legal regulations
The customer undertakes to observe all legal provisions and to assume sole responsibility vis-à-vis PCE for compliance with these legal provisions. The customer undertakes to keep the PCE completely harmless and harmless if the latter is legitimately claimed under civil or criminal law, in or out of court, due to content brought into circulation by the customer. If a claim is made against the PCE, it alone has the right to decide how it reacts (entering into a dispute, settlement, etc.); In this case - except in the case of gross negligence on the part of PCE - the customer cannot raise the objection of inadequate legal defense. In particular, any transmission of messages that endangers public order and security or morality or that violates German or international legal norms and any gross harassment or frightening of other users is prohibited. Express reference is made to the provisions of the Pornography Act, Federal Law Gazette 1950/97 as amended, the Prohibition Act of 8.5.1945 StGBl. as amended and the relevant criminal law provisions, according to which the communication, distribution and exhibition of certain content is subject to legal restrictions or is prohibited. The customer also undertakes to comply with the provisions of the protection of minors. The customer also takes note of the provisions of the TKG 2003 as amended and the obligations of the owners of end devices stipulated therein. He undertakes to comply with the provisions of the Telecommunications Act and the relevant telecommunications standards as well as all other statutory provisions. The customer acknowledges that PCE has no unconditional obligation to transport data. In any case, there is no corresponding obligation if PCE would otherwise expose itself to the risk of legal prosecution. If PCE spamming becomes known to customers of other providers, it may be entitled and, in order to protect its own customers, obliged to temporarily completely prevent data transfer to customers of other providers. The customer further undertakes to inform PCE immediately and completely in the event of any other compensation if he is called upon in or out of court for the use of the contractual services or he notices any violations of the law in any other way. In particular, the customer is obliged to comply with license terms when using third-party software and to keep passwords secret, including liability for non-compliance. The customer is responsible for all activities that originate from his connection and will hold PCE harmless and harmless for all resulting damage, in particular with regard to any fines to be paid and the costs of an appropriate legal defense. If PCE or one of its fulfillment partners provides the customer with the required hardware for the permanent use of a service, this remains the property of PCE or the fulfillment partner and is open to PCE or the fulfillment partner after the expiry of the validity or on the occasion of the termination of the contract or the agreement on the additional service Desire to return. The customer bears the costs for this. The customer has to protect the hardware from harmful influences or improper handling. He has to keep them carefully. In the event of a notification of loss or theft by telephone, this must be submitted in writing at a later date. In the absence of an express agreement to the contrary, the customer is responsible for obtaining - if necessary - any necessary telecommunications authority approval or other official approval. The same applies to obtaining any - if necessary - required private law approvals or consent from third parties. In this regard, the customer is liable to PCE for the completeness and correctness of his information.
6.4.4 Obligation of the customer to report malfunctions
The customer is obliged to inform PCE immediately of any disruption or interruption of telecommunications services in order to enable PCE to rectify the problem before commissioning other companies to rectify the problem. If the customer violates this obligation to notify, PCE assumes no liability for damage and expenses resulting from the failure to inform (e.g. costs of an external company unnecessarily commissioned by the customer). PEC will begin rectifying faults on the connection within the standard fault clearance time specified for the relevant service in the relevant service descriptions without culpable delay. PCE will rectify faults under special conditions by agreement and for a separate fee. Delays in troubleshooting for which the customer is responsible do not result in a release from the customer's obligation to pay appropriate rolling fees.
6.5 Special provisions for firewalls
In the case of firewalls / VPNs that have been set up, operated and / or checked by PCE, the PCE always proceeds with the greatest possible care within the framework of the respective state of the art. However, PCE points out that absolute security cannot be guaranteed by firewall systems. The liability of the PCE from the title of warranty or compensation for any disadvantages that arise from the fact that installed firewall systems are circumvented or rendered inoperative is therefore excluded. This does not apply to damage caused by gross negligence or willful intent by PCE. PCE points out that liability for application errors on the part of the contractual partner or his assistants and employees is not assumed, as is the case in the case of unauthorized changes to the software or configuration by the end customer without the consent of PCE.
7. Contract duration and termination; Lock
7.1 Contract duration and notice period
Contracts concluded between the contractual partners for the purchase of services or other long-term obligations are concluded for an indefinite period or for the agreed period of time. After the initial commitment period for products charged on a rolling basis has expired, the customer has the option of canceling the service at any time, whereby the currently charged period remains unaffected. The contractual relationship ends at the end of the calendar month following the termination. If at this point in time there are still costs for a longer period of time for products billed on a rolling basis (e.g. domain costs), these will also be billed for the entire remaining service period at this point in time. Consumers are informed expressly and in good time of their right of termination and the legal consequences that arise in the event of non-exercise. If no agreement has been made regarding a waiver of termination, contracts concluded for an indefinite period can be terminated in writing at the end of the month with a one-month notice period. In the case of contracts that have been concluded for an indefinite period of time or for a fixed period of more than one year, consumers have a statutory right of termination subject to a two-month period before the end of the first year. Ordinary termination cannot take effect before the minimum contract period has expired. The minimum contract period begins at the end of the day on which the service was made operationally available, but at the earliest with the conclusion of an agreement providing for the minimum contract period. A change in the minimum contract period can be agreed in writing with PCE, but the customer must prove this in the event of termination. The customer can withdraw from a contract concluded in distance selling or a contract declaration made in distance selling (e.g. order by post or fax using the order form or registration via the Internet) within 7 working days. Saturday does not count as a working day. The withdrawal period begins on the day of delivery of the ordered goods or, in the case of services, on the day the contract is concluded. The declaration of withdrawal is timely if it has been sent within the deadline. According to § 5f KSchG, there is no right of withdrawal in certain cases, in particular for goods that have been manufactured according to customer specifications and for open software. If the start of the execution of services has been agreed with the customer within 7 working days, there is also no right of withdrawal. In this case, PCE is not obliged to refer to the exclusion of the right of withdrawal in the relevant agreement. If the customer withdraws from the contract according to §§ 3 or 5e KSchG, he has to bear the costs of the return. Step by step against the return of the delivered software, PCE has to reimburse the payments made by the customer and the customer has to pay PCE an appropriate fee for the use, including compensation for an associated reduction in the general value of the service.
7.2 Service interruption and contract termination in the event of default in payment
Compliance with the agreed payment dates is an essential condition for the performance of the services by PCE. PCE is therefore in accordance with the provisions of § 70 TKG 2003 in the event of total or only partial default in payment, after unsuccessful reminder in writing or electronically, setting a grace period of two weeks and threatening the service interruption or contract termination, at its discretion, to interrupt service or to terminate the continuing obligation with immediate effect, entitled.
7.3 Other reasons for contract termination and service interruption; Block or partial block
In addition to default in payment, an important reason for the termination of the contract is the opening of insolvency proceedings against the customer or the rejection of such proceedings due to a lack of cost-covering assets; the application for an out-of-court settlement attempt; the pendency of at least two enforcement proceedings by creditors of the customer; the initiation of liquidation proceedings or the suspicion of abuse of the communication service; in the event of a violation of legal regulations, official requirements or contractual provisions; the customer violates any other essential provision of the contract or these terms and conditions; also in the case of spamming or the use of unsafe technical facilities in terms of section 6.4.2 .; the customer provides incorrect information when concluding the contract or has concealed circumstances the knowledge of which would have prevented PCE from concluding the contract; if the execution of the delivery or the start or continuation of the service is impossible for reasons for which the customer is responsible or is further delayed despite the setting of a reasonable grace period; if there are concerns about the solvency of the customer and the customer neither pays in advance, despite a request from PCE, nor provides a suitable security before delivery or continuation of the service; PCE may, at its own discretion, not only terminate the contract, but instead also proceed with service interruption. In the event of suspected violations, PCE is also entitled not only to complete, but also to only partially block. In particular, in the event of legal violations, PCE can remove the information stored on hosted websites or block access to them. PCE will endeavor to use the mildest means in each case. PCE will immediately inform the customer about the measures taken and the reason for them. The right to extraordinary termination of the contract by PCE for an important reason remains unaffected in any case. The block must be lifted on the next working day, but at the earliest within 24 hours, as soon as the reasons for its implementation no longer apply and the customer has reimbursed the costs of the block with reactivation. A block for which the customer is responsible does not release the customer from the obligation to pay rolling or one-off fees.
7.3.1 Opening of bankruptcy over the customer's assets
The opening of bankruptcy over the customer's assets ends the contractual relationship (§§25 IO remain unaffected). However, the trustee can continue the contractual relationship until the bankruptcy is legally lifted. In this case, however, he has either by submitting a personal declaration of liability for all fees and claims for damages that arise from the opening of bankruptcy, or by providing an appropriate security deposit or advance payment within six working days, with Saturday, Good Friday and December 24th and 31st working days are not considered to be working days from the opening of bankruptcy to make a relevant written application. If no trustee has been appointed, the customer can request the continuation of the contractual relationship in writing within the same period, providing an appropriate security deposit or advance payment.
7.3.2 Death of the customer
The legal successor (s) of the customer are obliged to notify PCE immediately of the customer's death. If a third party does not apply to enter into the contractual relationship within two weeks after PCE was informed of the death of the customer, the contractual relationship ends with the death of the customer. Regardless of other provisions, the estate and heirs are liable for fees that have accrued from the death of the customer to the knowledge of the death by PCE.
7.4 Remuneration, claims and compensation in the event of premature termination or suspension
All cases of immediate contract termination, service interruption, service shutdown or service interruption that occur for a reason that is attributable to the sphere of the customer, leave the right of PCE to the remuneration for the contractually stipulated contract period up to the next termination date and to the assertion of claims for damages untouched. In the case of advance payments or security deposits by the customer, PCE is entitled to offset open liabilities with these fees. Any blocking of the provision of services for which the customer is responsible will be offset against an expense fee of EUR 30.00; Any further claims for damages or expenses on the part of the PCE are reserved. The customer is responsible for the costs incurred due to service interruption or disconnection or blocking on the one hand and any unblocking on the other hand, shall be borne by the customer. Expenses or damages that arise in this case as a result of failure to provide support services are borne by the customer. In general, whenever the timely payment of PCE's claims for payment appears to be jeopardized, the further provision of services can be made dependent on an appropriate security deposit or advance payment; this is particularly the case if the customer has already been taken to block the connection due to default in payment
had to be, as well as in all cases that the PCE to a premature termination of the contract according to item 7.2. and 7.3. would justify. The prerequisites are given in particular if the customer applies for an out-of-court settlement or if settlement, bankruptcy or preliminary proceedings or an overall enforcement proceedings are opened or approved over the customer's assets or if the opening of such proceedings is rejected due to a lack of cost-covering assets; The security can be provided by a bank guarantee from a credit institute approved within the European Union or by cash. The contractual relationship can be terminated by the customer if the scope of services contained in the service provisions is not complied with in one essential point despite a request by PCE for a period of at least two weeks. The extraordinary right of termination is excluded if this defect is due to an undersupply of the location of the connection and the customer knew or should have known about this defect when the contract was concluded or agreed to the provision of the service over a period of 4 weeks despite the known defect or the termination takes place after the defect has been remedied.
7.5 Contract termination and content data
The customer is expressly advised that upon termination of the contractual relationship, for whatever reason, PCE is no longer obliged to continue the agreed service. PCE is therefore entitled to delete content data that has been saved or is kept ready for retrieval. The timely retrieval, storage and backup of such content data before termination of the contractual relationship is therefore the sole responsibility of the customer. The customer cannot derive any claims against the PCE from the deletion, especially since Section 101 (1) TKG only allows the storage of content data for a short period of time (as a rule until the invoice or the time of payment for the service provided), provided that the storage is not represents an essential point of the communication service.
8. Data protection
8.1 Communication secrecy and confidentiality
PCE and its employees are subject to communication secrecy in accordance with §93 TKG 2003 and the confidentiality obligations of the Data Protection Act, even after the end of the activity that gave rise to the confidentiality obligation. Personal data and user data are not viewed. The mere fact that a message has been exchanged is also subject to the obligation of confidentiality, as is unsuccessful connection attempts insofar as this is not prevented within the framework of data retention (if required by law). The customer can object to the processing of personal data. This does not prevent technical storage or access if the sole purpose is to carry out or facilitate the transmission of a message via the PCE's communication network, or to provide a customer with the service he has ordered. Routing and domain information must be passed on accordingly. The customer acknowledges that PCE is neither obliged nor authorized to store certain content data for the customer (e.g. mailbox messages) for an indefinite period of time or to keep it available for retrieval, unless the storage is an essential point of the contract. If the customer does not call up such data within 4 weeks, PCE cannot guarantee that it can be further called up. The customer must therefore always ensure that his data is regularly retrieved, unless the storage of the data is an essential part of the contract.
8.2 Information in accordance with Section 96 (3) TKG 2003 regarding the processed data, master data
On the basis of the Data Protection Act and the Telecommunications Act 2003, the contractual partners undertake to save, process and pass on master data only in the context of the provision of services and only for the purposes agreed in the contract. Such purposes are: conclusion, implementation, amendment or termination of the contract with the customer as well as offsetting of the fees. Insofar as the PCE is obliged to pass on according to TKG in the currently valid version, the PCE will comply with this legal obligation. PCE is authorized on the basis of Section 92 (3) (3) and Section 97 (1) TKG 2003 to determine and process the following personal master data of the customer and participant: first name, surname, academic degree, residential address, date of birth, company, e-mail Address, telephone and fax number, other contact information, creditworthiness, information about the type and content of the contractual relationship, payment modalities, as well as incoming payments to keep the contractual relationship evident. Master data is deleted by PCE in accordance with Section 97 (2) TKG at the latest after the contractual relationship with the customer has ended, unless this data is still required to offset or collect fees, process complaints or meet other legal obligations.
8.3 Traffic data
PCE will provide access data and other personal traffic data that are required for establishing connections and billing fees or for technical reasons as well as for checking the functionality of services and facilities, in particular source and destination IP and all other log files due to their legal obligation In accordance with § 99 (2) TKG 2003, save the invoice until the expiry of the 3 month payment period, within which the invoice can be legally contested or the claim for payment can be asserted. In the event of a dispute, HXS will make this data available to the decisive institution. Until a final decision is made, PCE will not delete the data. Otherwise, PCE will delete or anonymize traffic data immediately after the connection has been terminated. These deadlines, which are specified up to April 1, 2022 in accordance with the TKG, can be adjusted if necessary on the basis of the data retention requirements. An evaluation of a subscriber line beyond the purposes of billing based on the subscriber numbers called from this line will not be carried out by PCE, except in cases specifically regulated by law. This evaluation is only valid with the consent of the participant until further notice.
8.4 Content data
PCE does not store content data. If short-term storage is necessary for technical reasons, PCE will delete the stored data immediately after these reasons no longer apply. If the storage of content is a service characteristic, PCE will delete the data immediately after the provision of the service has ceased.
8.5 Data transfer with direct debit
Furthermore, the customer gives his consent that in the case of the payment he wishes by direct debit, all billing data may be transmitted to the respective financial institution in the form necessary for billing.
8.6 Use of data for marketing purposes, consent to receive e-mail advertising
PCE will not use any traffic data to market its own products. However, the customer grants his consent, which can be revoked at any time, that his recorded customer-related data may be used for the purpose of marketing products and offers from PCE. The customer agrees to receive advertising and information relating to PCE products and services to an appropriate extent by email from PCE. The customer's data, including his name and email address, remain exclusively with PCE. The customer can revoke this declaration of consent at any time. PCE will give the customer the option of refusing to receive further messages in every promotional e-mail.
8.7 Monitoring of telecommunications traffic
The customer acknowledges that PCE may be obliged, in accordance with Section 94 TKG 2003, to participate in the monitoring and partial storage of telecommunications traffic in accordance with the provisions of the Code of Criminal Procedure. The customer also takes note of the fact that PCE can be obliged to set up an interception circuit or to cancel number suppression in accordance with Section 106 TKG 2003. Actions by PCE based on these obligations do not trigger any claims on the part of the customer. The customer also takes note of the provisions of the E-Commerce Act (ECG), according to which PCE is entitled and obliged to provide information regarding the customer under certain conditions. PCE will endeavor to observe and comply with the “General Rules on Liability and Duty to Provide Information of Internet Service Providers” developed by ISPG (Association of Internet Service Providers Germany), which can be found at www.ispg.de.
9. Data security
PCE will take all technically possible and reasonable measures to protect the data stored on it. Should a third party unlawfully gain control of the data stored at PCE or use it further, PCE shall only be liable to the customer in the event of willful or grossly negligent behavior. Rooms with sensitive data (data center) are secured by access controls. The following applies to consumer transactions: PCE's liability is excluded if the PCE or a person for whom PCE is responsible has caused damage to property through slight negligence. If a special code - such as a personal identification number such as a Picode or a password - is required to use a service, the customer is obliged to keep this data secret. If unauthorized third parties suspect knowledge of the code, the customer must change the code immediately or, if this can only be done by PCE, instruct PCE to change the code without delay. If PCE services are used by unauthorized third parties using user data, the customer is liable for any fees incurred as a result from communication services until PCE receives notification of the order to change the password. If a specially coded device is required to use a service (e.g. RSA token), these provisions apply mutatis mutandis to the safekeeping of the end device. In the event that the device is lost or stolen, the customer must immediately apply to PCE to lock the device.
10. Special provisions for the delivery and creation of software
10.1 Scope of services
In the case of software created individually by PCE, the scope of services is determined by a service description countersigned by both contracting parties (system analysis). The delivery includes the program code that can be executed on the designated systems and a program description, which can also be provided orally through appropriate training or explanation. The rights to the programs and the documentation remain entirely with PCE, unless otherwise expressly agreed.
10.2 Rights to Delivered Software
With the delivery of software, unless expressly agreed otherwise, PCE grants the customer a non-transferable, non-exclusive right to use the software, whereby the customer accepts the license conditions applicable to the software, even if the software is from third parties . In the event of violations, the customer will indemnify and hold PCE harmless. In any case, the customer has to cooperate in any damage avoidance within the scope of his possibility. When using licensed software from third parties, the customer is obliged to read the license terms and conditions before using this software and to adhere to them precisely. No guarantee is given for software called up by the customer that is qualified as "public domain" or "shareware" and that was not created by PCE. The customer must observe the terms of use and any license regulations specified by the author for such software and refrain from passing the software on to third parties, including making it available at short notice. The use of PCE's services by third parties requires the express written consent of PCE. In any case, the customer holds the PCE harmless and harmless from claims for breach of the above obligations.
10.3 Warranty
PCE guarantees that the software supplied or made available by PCE, including interfaces made available by PCE, can be used as described for compatibility with third-party software. However, PCE cannot guarantee that third-party software is completely free of errors. For a company, the warranty period for the aforementioned defects is 6 months. Any warranty claims by consumers are not affected. Otherwise, the warranty provisions of point 5 apply.
10.4 Withdrawal in the event of software defects
If PCE delivers hardware and software at the same time, any deficiencies in the software do not entitle the customer to withdraw from the contract on which the use or delivery of the hardware is based. The same applies to agreed services. In particular, defects in the hardware or software supplied do not entitle the user to withdraw from the contract for the provision of internet services. All of this does not apply if there are indivisible services within the meaning of Section 918 (2) ABGB.
11. Special provisions for domain registration
11.1 Brokerage and administration of the domain; Contractual relationships
PCE mediates and reserves the requested domain in the name and for the account of the customer, if the desired domain has not yet been assigned. The domain is set up for .de, .co.de and .or.de addresses by the registration office nic.at, for other addresses (.com,. Net., .Org, .info, .biz etc.) by relevant registration authority. PCE acts as the billing center for the domains managed by udag.de for the duration of this contract (unless otherwise agreed); however, the contractual relationship for the establishment and management of the domain exists directly between the customer and the registration office. The registration fee that goes to the registration office is included in the amounts that PCE charges the customer (unless otherwise agreed). In the case of domains not managed by nic.at, the customer and PCE are charged directly; in this case, PCE charges the customer the fee for the registration, the technical equipment used, an administration fee and the annual fee and any additional domain-specific required increased requirements such as a local presence. HXS assumes no liability for the availability of a domain. PCE therefore does not acquire or assign any rights to the domain name. PCE also have no obligations with regard to the domain; in particular, PCE is not obliged to check the legal admissibility of the domain name. As far as the establishment and management of the domain is concerned, there is only a contractual relationship between the domain owner and the registration office. It is expressly stated that PCE assumes no liability whatsoever for the fact that the domain is or will be registered at a certain point in time, with the exception of intent or gross negligence on the part of PCE. The accounting date is determined by PCE's takeover of administration vis-à-vis the relevant registration office. Fees already paid to a registration office will not be reimbursed by PCE in the event of a change of registration, a different registration or the like and the customer waives any claims for compensation against PCE in this regard. The registration fee that goes to the registry is included in the amounts that PCE charges the domain owner (unless otherwise agreed). Domains that are not managed by PCE must be paid for directly to the respective registration office. In this case, PCE charges the domain owner the fee for the registration, the technical equipment used and an administration fee. The address of the domain owner acts as the billing address unless otherwise agreed. Offsetting to third parties is only permitted after a written agreement with PCE about the respective domain. The domain owner undertakes to notify PCE immediately by letter or fax of all changes / innovations arising in the contractual relationship between him and the respective registration office (such as new delivery address, name change, transfer of the domain, etc.). The domain owner will hold PCE completely harmless and harmless for any additional expenses resulting from a breach of this obligation (e.g. processing fee for the changeover and reimbursement). It is stated that PCE is entitled to refuse requested changes if the administration fee is not paid.
11.2 End of the contract with the registration authority
The domain owner acknowledges that the domain owner's contract with the registration authority does not end until the contract with PCE is terminated. The domain owner therefore does not have to terminate the contract with the registration office specifically at the registration office if he has terminated the contract with PCE, but rather if the registration office is informed of the termination by PCE.
11.3 Validity of the registration authority's terms and conditions
With regard to the domain, the general terms and conditions of nic.at (available at www.udag.de) or the otherwise responsible registration office therefore apply; these will be sent to the PCE customer on request - although no German or English language versions may be transmitted here.
11.4 Legal admissibility of the domain
PCE is not obliged to check the admissibility of the domain, for example in terms of trademark or name law. The customer declares to comply with the relevant statutory provisions and in particular not to violate anyone's trademark rights and will hold PCE completely harmless in this regard.
11.5 Other provisions for domains
PCE is not obliged to mediate the registration of domains on customer DNS servers, but a decision in this regard is at the discretion of PCE. PCE also reserves the right to place orders on third-party DNS servers only with a written agreement between the applicant and PCE. In the event of incorrect, invalid or illegal information from the customer, PCE is entitled to refuse domain orders. In the event of non-compliance with the customary waiting times, which occur due to missing or not sent data (powers of attorney) to PCE, PCE reserves the right to withdraw from the contract after setting a reasonable grace period. The resulting costs will be charged to the customer. A renewed resumption of the contract is to be treated like a new appointment. PCE assumes no liability for the contractual obligations assumed by the respective domain administration office towards the domain owner.
12. Special provisions for Internet services via DSL access lines from the provider
12.1 contractual relationship with the provider
The customer agrees that with regard to DSL access services, a contractual relationship based on the applicable general terms and conditions of A1 TELEKOM AUSTRIA AG (including the applicable service descriptions and fee provisions) "Online-ADSL" (or for SDSL: "Online-SDSL") - with the exception of the provisions on termination by the customer
12.2 Change of product, modem or provider
The one-off expenses incurred by the provider as a result of any subsequent product, modem or provider change by the customer will be invoiced separately to the end customer with one of the invoices following the change in product, modem or provider.
12.3 Regulation in the event of the termination of the contract for the use of participants
Upon termination of the contract between the customer and the Internet provider regarding the subscriber line, for whatever reason, PCE no longer provides the DSL service to the customer. The customer is nevertheless obliged to reimburse PCE for all fees up to the point in time at which the contract with PCE could have been terminated for the first time. Further claims for damages and other claims by PCE remain unaffected.
12.4 Block on the part of the provider
If the DSL access line is terminated due to a block initiated by the provider for which PCE is not responsible, PCE is entitled, but not obliged, to suspend Internet access services for the duration of the block. If PCE does not make use of this right, regardless of the factual impossibility of access, it is still entitled to reimburse the agreed fee up to the point in time at which the contract with PCE could have been terminated for the first time. Further claims for damages and other claims by PCE remain unaffected.
13. Other provisions
The following applies to companies: rights and obligations of PCE from this contract can be transferred in full to third parties without the consent of the customer with the effect of discharging the debt of the transferor. The transferor will take appropriate measures to indicate the transfer of the contract. The assumption of the rights and obligations of PCE develops the legal effect of §§ 1409 ABGB and §§ 38ff. UGB. It is stated that the concluded contracts remain otherwise unaffected by the takeover of the contract. Deviating from this, the following applies to consumer transactions: PCE is authorized at its own risk to commission other companies to provide services from this contractual relationship.
13.1 Applicable Law
Unless legally excluded, the statutory provisions applicable between companies apply. This provision does not apply to consumer transactions. Austrian law applies with the exception of the UN sales law and non-mandatory reference standards. The application of the UN sales law is therefore excluded.
13.2 Place of Jurisdiction
For any disputes arising from the contract in question, the local jurisdiction of the competent court at the headquarters of the PCE is agreed as agreed (ULM). This does not apply to consumer transactions.
13.3 Written form for changes and additions to these terms and conditions
Changes and additions to these terms and conditions as well as the order or other parts of the contract must be made in writing (the written form requirement is also taken into account by means of a signed fax or a digitally signed email); Verbal collateral agreements do not exist. This provision does not apply to consumers.
13.4 Written form for notifications from the customer
All notifications and declarations by the customer relating to this contractual relationship must be made in writing.
13.5 changes of address; Access of electronic declarations
The customer must change his name or the designation under which he is listed in the operating documents of PCE, as well as any change in his address (relocation), the paying agent, the loss of his legal capacity and any change in his legal form, his commercial register number and his bank details to be communicated in writing to PCE within one month of the change at the latest. If there is no notification of change, documents are deemed to have been received by the customer if they have been sent to the address last given by the customer. This also applies accordingly to deliveries by email. If the customer wishes a new invoice to be issued in the case of name changes that were not announced in good time, PCE will comply with this request as far as possible; however, this in no way prevents the original invoice from becoming due. Electronic declarations are deemed to have been received if they have been sent to the last email address provided by the customer; In the case of consumers, it is only deemed to have been received (Section 12 ECG) when it can be accessed by the consumer under normal circumstances. If the customer does not contradict, declarations - including legally significant ones - can be sent to the customer by PCE using electronic media.
13.6 No normative or interpretative meaning of the headings
Headings in these terms and conditions are for clarity only and have no normative meaning, do not limit or expand the scope of these terms and conditions and are not intended for interpretation.
13.7 Severability Clause
The possible ineffectiveness of individual provisions does not affect the validity of the remaining general terms and conditions. The ineffective provision will be replaced - with the exception of consumers - with an effective provision that comes closest to the ineffective provision in terms of its meaning and purpose.