AGB's
General Terms and Conditions of Paragon Customer Communications in respect of its function as regify®-Provider |
As of 01 July 2013
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1.1 As a regify®-Provider, Paragon Customer Communications, Wahlerstraße 8-10, 40472 Düsseldorf, Germany, renders the services respectively specified in the service description to its customers according to the following General Terms and Conditions, a - regularly electronically - completed order form, the respective service description and the respective price list. In the case of discrepancies between the General Terms and Conditions, the terms set out in the respective order form and the respective service description, the following order shall apply: order form, General Terms and Conditions and service description. All above mentioned documents are available in their currently valid version on the Internet under [http://provider-url.com]. The respective conditions issued at the time of conclusion of contract shall apply. Upon request, the mentioned documents may be sent to the customer in writing.
1.2 Deviating General Terms and Conditions of the customer are not valid. They do not apply, even if Paragon Customer Communications does not expressly object.
2.1 Paragon Customer Communications offers customers an encoded email service (regify®-Service) that, based on the regify®-Software, sends message texts and attached files of an email in the form of an encoded regify®-File. The regify®-Software generates keys for the sender which are then provided to the addressee in electronic form through an independent clearing service (regify®-Clearing-Service). Apart from the integrity of the transmitted data it is ensured that only the addressee will be able to read the message, whilst a reading confirmation is generated for the sender.
2.2 A more detailed description is contained in the respective service description.
3.1 The customer applies for the use of the regify®-Performance (registration) by means of an electronic form being sent via the portal of Paragon Customer Communications. The application requires confirmation by Paragon Customer Communications, which may be given by mail, fax, email or even by granting access to the regify®-System by means of assigning a password.
3.2 regify® distinguishes between chargeable and free use for customers. The free use regify®-Customer can only receive and read regify®-Emails after registration and activation. The chargeable use regify®-Customer may also write regify®-Emails, monitor his/her emails and follow his/her email history after registration and activation.
3.3 The use of the regify®-Services takes place in advance depending on usage and is based on the respective Paragon Customer Communications price list at the time the respective service is used. Unless otherwise agreed, payment is effected electronically through common means of payment (such as credit card, EC card or direct debit mandate). Upon request, the customer will be issued an invoice of the services used.
4.1 Unless otherwise agreed in the order form, the contract, upon conclusion, runs for an indefinite period of time and may be properly terminated by either party giving three months’ notice to the end of the month.
4.2 Such notice may be given in writing, by fax or even by email.
5.1 The regify®-Service increases the safety and the validity with regard to the receipt of electronic declarations. However, no liability is assumed that a court of law of any jurisdiction will accept a regify®-Email as evidence, especially with regard to the issuing and/or receiving of a declaration of intent. In particular, no written or electronic form agreed by law or judicial act may be replaced by the regify®-Email.
5.2 Paragon Customer Communications provides its services on the basis of web-based tools. Paragon Customer Communications does not provide telecommunication. Therefore, the availability of the web-based portal depends on the establishment of the telecommunications connection and network of the customer’s provider.
Thus, the availability of the web-based portal may be restricted due to technical circumstances of the telecommunications network of the customer’s provider. In this case, Paragon Customer Communications does not assume any liability.
5.3 The web-based portal is generally available to the customer 24 hours/day at a monthly availability of 99.0 % (minus 7.2 hours/month). The restricted availability may be due to servicing, maintenance and repair of the web-based tools (maintenance work) resulting in an interrupted access to the web-based tool for the duration of the maintenance work.
5.4 To the extent that the customer is provided with software for downloading in order to use the regify®-Services, especially the web-based portal, the customer is granted the non-exclusive right, for the duration of this agreement, to use the necessary end user component of the software (Client Software) to the above mentioned extent. Therefore, an authorized use of software according to the contract is limited to the services provided through the software. A transfer or extended use of the software programme used in this respect is not included in this contract.
5.5 Paragon Customer Communications has the right, from time to time, to technically modify the regify®-Service. In this respect, Paragon Customer Communications reserves the right to continue the support of old versions only for a period of 5 months following the notification. (End-of-Life).
6.1 The customer has to install the regify®-System in his/her system on his/her own responsibility. Paragon Customer Communications does not assume any liability for loss of data or other damage which might occur in connection with this installation at the customer, unless it is based on verifiable technical defects of the regify®-System.
6.2 The customer has to immediately inform Paragon Customer Communications of any change of name, private and business address, email address, legal form or – if required – his/her address for account or bank details.
6.3 The customer is obligated
6.4 A violation of this regulation entitles Paragon Customer Communications to immediately block the customer’s access and terminate the contract without notice.
6.5 The customer is obligated to use the most recent version of the regify®–Services.
6.6 The customer is obligated to provide Paragon Customer Communications with the transaction data (time of sending/receiving, reading confirmation) of each regify®–File or to grant access to these data.
7.1 Paragon Customer Communications shall collect, process and use person-related data according to the provisions of data protection law and by maintaining the secrecy of telecommunications. In this connection, the collected inventory and traffic data of the customer shall be collected and processed only to the extent as is necessary with regard to the proper performance of the contract.
7.2 Paragon Customer Communications shall only be liable for loss of data in the scope of liability according to no. 8.
7.3 Paragon Customer Communications shall provide access to the transaction data of a regify®-File (time of sending/receiving, reading confirmation) on the web-based portal only for the duration of this agreement. After termination of contract, these data shall be deleted by Paragon Customer Communications.
7.4 The customer agrees that Paragon Customer Communications provides regify GmbH with the transaction data mentioned under 6.6.
8.1 The following provisions fully govern the liability of Paragon Customer Communications towards the customer in connection with this contract. They apply independent of the question whether liability was caused by an act or omission and whether it was caused by Paragon Customer Communications itself or its legal representatives, officers, bodies or other agents and/or assistants.
8.2 Liability of Paragon Customer Communications, independent of the legal basis, is limited to damages caused willfully and by gross negligence, unless otherwise provided for in the following liability rules. Paragon Customer Communications is liable for ordinary negligence only to the extent of a breach of duty the fulfilment of which enables the proper execution of the contract in the first place, the breach of which endangers the performance of the purpose of the contract and upon the fulfilment of which the customers relies. With regard to material and financial damages, however, liability in this case is limited to a maximum amount of EUR 2,500.00 per claim and within a period of 12 calendar months to a maximum amount of EUR 10,000.00. Liability for indirect or secondary loss is excluded in any case. This does not apply to intent.
8.3 The legal liability of Paragon Customer Communications pursuant to the product liability law and other obligatory legal liability rules on the legal liability for personal injuries (including death) caused by Paragon Customer Communications remain unaffected.
8.4 Events of force majeure rendering the fulfilment of the contract difficult or impossible for Paragon Customer Communications, entitle Paragon Customer Communications, to delay the fulfilment throughout the period of the impediment, including an adequate warm-up time. Force majeure includes strike, lockout and other circumstances, insofar as they are unpredictable, severe or through no fault of Paragon Customer Communications.
Paragon Customer Communications is entitled to block the access to its services fully or in part if the customer
10.1 Paragon Customer Communications is entitled to transfer its rights and duties set forth in this contract, fully or in part, to affiliated enterprises (see sec. 15 et seq.German Stock Corporation Act), legal successors or entrepreneurs of the company or part of the company of Paragon Customer Communications. Paragon Customer Communications shall inform the customer accordingly.
10.2 All mutual declarations according to the contract may be made by the parties in writing, via fax or in the form of text (email etc.).
10.3 Legal venue for all disputes shall be Düsseldorf, insofar as the customer is a registered trader and the contract is part of the operation of his/her commercial enterprise. Paragon Customer Communications may also assert a claim before the courts of law at the general legal venue of the customer. Any exclusive legal venue shall remain unaffected.
10.4 If any provision of this contract is or becomes invalid that does not affect the validity of the remaining provisions. It is understood that the invalid provision shall be replaced by a valid one which comes closest to the original commercial purpose. The same applies to the filling of any loopholes.
10.5 All and any legal relationships between Paragon Customer Communications and the customer are exclusively subject to the relevant law of the Federal Republic of Germany on the legal relationship of domestic parties, excluding the UN Convention on the International Sale of Goods (CISG) or other international conventions.