Scheiba GmbH
Internet Services
Terms and conditions
18.11.2011
1.0 Registration and completion of contract
1.1 Scheiba GmbH customers must be a minimum of 18 years of age.
1.2 Upon completing their application for Scheiba GmbH services, the customer accepts the terms and conditions as outlined in this document.
1.3 Scheiba GmbH reserves the right to refuse applications for connection to Scheiba GmbH services.
1.4 The entering into a contract by Scheiba GmbH presupposes the technical feasibility of a Scheiba GmbH connection. Should, after measuring the quality of the connection, a Scheiba GmbH technician judge a connection not to be feasible, any monies already paid by the customer will be returned in full.
1.5 ALL our monthly Internet service plans except where paid for by coupon pay and "1 month access ( no monthly subscription )" use a monthly reoccurring payment system. Customers have the right to cancel their monthly payments at any time by either logging into their chosen payment system and cancelling the payments themselves or by contacting Scheiba GmbH by email or by writing a letter requesting that the payments be stopped. There is no minimum monthly contract period unless specified by the selection of a unique tariff.
1.6 It is the customer’s responsibility to inform Scheiba GmbH that they would like to cancel the monthly payments.
2.0 Refund Policy
2.1 Customers have the right to cancel within 14 days of agreeing to these terms and conditions. A refund will only be given if the customer has not used the service that they paid to use.
2.2 In accordance with paragraphs 355 and 312d of the BGB, Scheiba GmbH is required to inform the customer of the following. Should the customer cancel his contract within 14 days of signing, is the contact null and void. The customer is not required to supply a reason for the cancellation. The cancellation must be in written form and is to be sent to the business address of Scheiba GmbH. The cancellation must be received within the 14 day period. The revocation right expires after 14 days or at such a time that Scheiba GmbH services are used by the customer.
2.3 Due to the nature of our customer’s employment we understand that it is not always possible for our customers to comply with 2.1 and 2.2 and that from time to time exceptional circumstances may not allow customers to cancel their payments in time. If a customer feels that due to exceptional circumstances they could not cancel their payments then they should contact Scheiba GmbH by Email or phone, we will then look at these cases on a one by one basis.
3.0 Contract subject matter.
3.1 The subject matter of this contract is a Scheiba GmbH internet connection which allows the sending and receiving of data.
3.2 Scheiba GmbH provides a continual connection to the Internet, which taking maintenance and service into account is defined as being a connection 95% of the time.
4.0 Use of a Scheiba GmbH connection.
4.1 The contractual services of Scheiba GmbH are based on the current technical and operational possibilities. Scheiba GmbH informs the customer that it cannot be held responsible for temporary restrictions to the connection which lie outside of the influence of Scheiba GmbH. Scheiba GmbH therefore agrees to provide the customer with a connection as is currently possible. Scheiba GmbH cannot be held responsible for delays, impairments or restrictions to performance and interruptions to the services which are caused by situations out of the control of Scheiba GmbH. Scheiba GmbH does not guarantee a continual, unbroken connection to an Internet service nor an instantaneous connection to any certain Internet service. Scheiba GmbH also does not guarantee a set rate of data transference nor connection to every network.
4.2 Maintenance and service of the Scheiba GmbH networks can lead to temporary disturbances in the Scheiba GmbH net. Scheiba GmbH will attempt limit such downtimes so as to impair the customer as little as possible.
4.3 The maximum rate of data transfer is dependent on the level of usage of the Scheiba GmbH and other transmission paths at any given time. Scheiba GmbH cannot be held responsible for the speed of servers or such like which are not directly under the control of Scheiba GmbH. The customer appreciates that performance is also dependant on the speed of his own system for which Scheiba GmbH cannot be held responsible.
4.4 Scheiba GmbH ensures that they will do all which is technically feasible to remove all disturbances which fall under the responsibility of Scheiba GmbH within a period of 48 hours.
4.5 The Scheiba GmbH connection is provided exclusively for the personal use of the customer. Scheiba GmbH forbids the running of a server over the Scheiba GmbH network. Scheiba GmbH reserves the right to restrict certain applications with a high bandwidth usage under consideration of other customers.
4.6 Scheiba GmbH runs a diagnostic of the network after hard- or software is installed by Scheiba GmbH. Scheiba GmbH accepts no responsibility for software or any damage caused by such software which is not a deliberate result of actions through Scheiba GmbH.
4.7 Quotes from Scheiba GmbH with regard to installation dates of the equipment and the performance of such equipment are set provisionally and are only valid should the customer fulfil their obligations outlined in this document fully and punctually.
4.8 Scheiba GmbH is in no way responsible for the content of the Internet to which it supplies access. Scheiba GmbH informs the customer Scheiba GmbH is obligated by German law to block the use and distribution of illegal data and will act according to such laws and regulations.
5.0 Customer rights and obligations.
5.1 The customer is obligated to provide all information required on the application for Scheiba GmbH services truthfully and in full. Should any of the data change during the duration of the contract, it is the customer’s responsibility to inform Scheiba GmbH of this fact immediately.
5.2 The customer is responsible for the provision of all prerequisites necessary for the connection of a Scheiba GmbH service. In particular the availability of a 230V electricity supply point and appropriate routes for the laying of network cable. Depending on the placement of the Scheiba GmbH antenna, it may be necessary to connect the antenna to adequate lightning protection. Should Scheiba GmbH install the antenna and no adequate lightning conductor be available, Scheiba GmbH will inform the customer of this fact in writing and it is then the customers responsibility to correct this shortcoming.
5.3 The customer is obligated to the lawful use of the Scheiba GmbH connection. The customer insures that the Scheiba GmbH connection will not be used to retrieve or spread criminal content, violate the rights of third parties (including and especially industrial rights and free trade) or in any other way violate German law or these Terms and Conditions. This includes the distribution of child pornography, extremist or racist content, the annoyance or threatening of third parties through virus attacks or chain letters, and the use of the Scheiba GmbH Network to damage the security of other networks, hosts or accounts (through cracking, hacking or denial of service attacks) or attacks on the Scheiba GmbH network itself. Should the customer violate this, Scheiba GmbH will, depending on the severity of the violation, warn the customer, cut the customer off from the Scheiba GmbH network and/or seek compensation from the customer as is appropriate. Should the customer act illegally Scheiba GmbH can cancel the contract with immediate effect.
5.4 There is no limitation on the amount of devices which may be connected, should more than one device be connected to the system, a surcharge may be applicable.
5.5 The transfer of the rights and obligations of this contract to a third party is only permitted with the written consent of Scheiba GmbH.
5.6 It is the customers’ responsibility to keep any passwords issued by Scheiba GmbH secret and to guarantee their proper. The customer is informed that the saving of passwords on their devices can lead to the danger of misuse by third parties. Should the customer have cause to believe that a third party has gained knowledge of their passwords, it is the customers’ responsibility to inform Scheiba GmbH immediately of this fact and request new passwords. Should costs be inferred for the change or cancellation of the passwords, then said costs are to be covered by the customer as far as they are responsible for the necessity of the cancellation and/or change.
5.7 Should the customer allow a third party to use his access to the Scheiba GmbH network, then is the customer responsible for the actions which said person undertakes whilst using that access and for any consequences with result from this usage. The customer is liable for any misuse by said third party.
6.0 Tariffs and Invoices
6.1 The customer agrees to pay a one-off activation fee if required and a upfront fee for period of time that they wish to use the Scheiba GmbH network.
6.2 If the customer needs to pay a one off activation fee the payment is to be paid within 14 days of signing the contract. After connection of the account and payment of the first monthly dues, the network will be activated for the customer. The payment of the activation fee, the monthly dues and any other costs which may be incurred are made payable through direct debit of the customers bank account. Should the customer revoke his agreement for direct debit, or his bank account be closed or frozen without Scheiba GmbH being informed of alternate bank details, then Scheiba GmbH in permitted to restrict access to the Scheiba GmbH Network. Should the customer have frozen, closed of changed his bank account purposefully in order that Scheiba GmbH could not obtain monies owed, Scheiba GmbH is entitled to instant termination of the contract.
6.3 The customer is responsible for all and any changes incurred should the direct debit not be successful. It is the customer’s responsibility to prove non-responsibility for such costs.
6.4 Should a direct debit not be successful as described in paragraph 6.3, Scheiba GmbH may freeze the customer’s access to the Scheiba GmbH network. Scheiba GmbH unfreezes the access as soon as they have received payments of the monies owed. A freezing of the access to the Scheiba GmbH network does not relieve the customer of his obligation to pay the outstanding monies owed; apart from if the customer can prove that no, or lower costs were incurred for Scheiba GmbH. The access to the network will be unfrozen in the case of a well founded objection by the customer or if a deferment agreement has been reached between both parties. The right to instant termination of the contract by Scheiba GmbH is not altered by these circumstances.
6.5 All debts are to be pain in Euros. Unless otherwise stated, all prices for private customers are gross, including VAT. Should the customer wish for a hard copy of his monthly invoice, the customer will be billed for the cost of postage?
6.6 Prices quoted for business customers are net.
6.7 The monthly fee is due on the first of every month.
6.8 The customer will be sent an invoice for all other products and services.
6.9 Should the activation not occur on the first of the month, then the monthly fee is split into daily costs for the first month.
6.10 Should the contract be ended prematurely, either through contractual or extraordinary notice of cancellation, then the customer receives a final revision. This is to be paid per bank transfer should the customer have withdrawn his permission for direct debit. Should the contract be cancelled due to extraordinary reasons, then the customer is liable for damages incurred to Scheiba GmbH with regards to the contractual agreement. Should the customer not meet the aforementioned financial obligations, Scheiba GmbH is entitled to demand interest of 6% over the base interest rate, with the minimum amount being 8%.
6.11 The customer is also obligated to pay any costs caused by authorised or unauthorised third party use of the customers access to the Scheiba GmbH network are far as is reasonably appropriate. The customer is responsible for any usage that they have allowed or made possible. The customer is obligated to inform any person permitted to use the customer’s access to Scheiba GmbH services of this fact.
6.12 Demands made by the customer against Scheiba GmbH are only valid should the customer be able to prove irrevocably that the claims are valid.
6.13 The customer is only permitted to refuse the payment of monies should Scheiba GmbH not meet its contractual obligations.
6.14 Should the customer be entitled to a refund from Scheiba GmbH then this refund will be reduced from the next monthly fee, should no special agreement be reached by both parties.
6.15 Scheiba GmbH is entitled to employ solicitors, debt collection agencies and factoring agencies in order to collect dues owed by the customer.
7.0 Changes in prices and rates.
7.1 The performance, prices and rates for Scheiba GmbH network services are agreed on upon completion of the sign up form /customer registration web interface. Scheiba GmbH reserves the right, in accordance with this document, to change the prices and rates of Scheiba GmbH products in order to better suit the market conditions. Scheiba GmbH is also permitted to make such changes should such changes be required due changes in appropriate laws or regulations.
7.2 Scheiba GmbH will inform the customer in written form (letter or E-Mail) at least four weeks before any changes in prices and rates take effect.
7.3 Protests against changes must be in written form (letter or E-Mail). Should the customer refuse the changes, Scheiba GmbH reserves the right to cancel the contract to the end of the contractually agreed initial duration. For the duration between the protest by the customer and the end of the contract, the conditions of the original contract apply. Should the customer use Scheiba GmbH services longer than 24 hours after the contract has ended, then the contract is extended as described in paragraph 10.2 of this document and the new prices and/or rates will apply. Scheiba GmbH will inform the customer of this fact with the original notification of changes to prices or rates.
8 Disruption of performance.
8.1 The customer understands that disturbance to Scheiba GmbH services can occur due to maintenance, technical problems or acts of Nature beyond Scheiba GmbH’s control.
8.2 Scheiba GmbH is not liable for damages which result from late or delayed notification of breakdown or deficiencies of service. A late or delayed notification is defined as a notification which , if not reported instantly after the customer has noticed and performed a reasonable diagnosis of the fault, then within 24 hours of this time.
8.3 Should the customer be responsible for the breakdown or deficiency in service or should in actuality no breakdown or deficiency of service be present, or should the breakdown or disturbance of service be due to no fault of Scheiba GmbH (and is this fact evident to the customer after a reasonable diagnosis), then is the customer liable for any cost incurred by Scheiba GmbH in the investigation and/or correction of the problem.
8.4 Paragraph 9 of this document refers to any laims not covered by this paragraph.
9.0 Liability
9.1 Scheiba GmbH is liable to damages incurred by the customer, either through breach of contract or unauthorised actions, only to the extent as described in this paragraph. This does not apply in the case of a guarantee of quality (§444 of the BGB).In the case of a guarantee of quality, the legal regulations apply. Paragraph 4.6 of this document remains untouched.
9.2 Scheiba GmbH is liable damages causes by deliberate actions, claims against product liability and for injures to life, limb and heath as described by law.
9.3 For acts of gross negligence, the liability of Scheiba GmbH is limited to compensation to the extent of reasonably predictable damage, only if the damage was caused by Scheiba GmbH.
9.4 Damages which are caused through negligence on the part of Scheiba GmbH or their sub-contractors Scheiba GmbH is only liable when a fundamental breach of contract has occurred.
9.5 Liability with regard to paragraph 11.4 of this document is restricted to the extent of reasonable predictable damage.
9.6 Should Scheiba GmbH not be liable or only be partially in liable for damages, then the same applies to for the legal representatives and/or sub-contractors of Scheiba GmbH.
9.7 Should a major malfunction of the Scheiba GmbH Network occur (e.g. through a breakdown of a main antenna), Scheiba GmbH is obligated to offer an alternative Internet connection within four weeks. Should this not occur is an extraordinary cancellation of the contract possible.
10.0 Length of contract, termination and termination obligations.
10.1 The contract length is for a minimum of the time period that the customers has selected via their choice of tariff.
10.2 The right to termination without notice is valid in the following circumstances:
- a culpable and significant breach of these terms and conditions;
- the beginning of bankruptcy proceedings against a third party, in particular against network operators whose service Scheiba GmbH rely upon in order to fulfil the contractual obligations to the customer;
- Rejection of bankruptcy proceedings against such third parties due to the severity of debt. , or should the third party not supply Scheiba GmbH with the necessary services for reasons out of Scheiba GmbH control and when it is not reasonable for Scheiba GmbH to obtain these services elsewhere.
10.3 Should the customer terminate their contract without notice for reason not justified, then the terminations occurs according to the contract length defined in this document. The customer is liable for all payments due until such time.
10.4 A contract termination must be in written form.
11.0 Data protection
11.1 Personal data, necessary for to define the contract between Scheiba GmbH and the customer, will be used and/or processed by Scheiba GmbH only with the express permission of the customer or when permitted by law.
11.2 Scheiba GmbH is authorised to collect and use any data, which may be needed for the completion of, justification of, or changes to discrepancies of the contract.
11.3 Scheiba GmbH is authorised to store and pass on data to third parties for billing purposes. Scheiba GmbH is to erase such data within six months of billing, should the customer not object to the billed amount or the content of the invoice within this time. Should the customer place an objection, then the data may be stored until such time as the matter has been solved. The data will be erased according to law should the customer make use of their legal right for no data to be stored. Should, either due to legislation or customer request, data regarding customer invoices be erased, Scheiba GmbH has no further obligation to provide proof of the accuracy of the invoice. The customer will be informed of this fact with the invoice in easily understandable form. Should the data not be store due to technical restrictions, then the customer will be informed of this fact before they are billed.
11.4 The customer willingly allows Scheiba GmbH to pass on personal data to third parties such as Scheiba GmbH deems necessary in order to fulfil Scheiba GmbH contractual obligations to the customer. This paragraph is exempt from paragraph 11.7
11.5 Should Scheiba GmbH employ solicitors and/or debt collectors for the purpose of collection of monies due, then may Scheiba GmbH pass all relevant data necessary for determining, billing and collecting said dues to such third parties. These third parties are then bound to protect this data. The same applies to third parties whom Scheiba GmbH may employ to bill the customer for the services provided by Scheiba GmbH.
11.6 Data will only be stored for as long as is agreed in this document and set by legislation.
11.7 This website uses Google Analytics, a web analytics service provided by Google, Inc. (“Google”). Google Analytics uses “cookies”, which are text files placed on your computer, to help the website analyze how users use the site. The information generated by the cookie about your use of the website (including your IP address) will be transmitted to and stored by Google on servers in the United States . Google will use this information for the purpose of evaluating your use of the website, compiling reports on website activity for website operators and providing other services relating to website activity and internet usage. Google may also transfer this information to third parties where required to do so by law, or where such third parties process the information on Google’s behalf. Google will not associate your IP address with any other data held by Google. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. By using this website, you consent to the processing of data about you by Google in the manner and for the purposes set out above.
http://www.google.com/intl/en_uk/analytics/tos.html
11.8 The customer may recall his permission for Scheiba GmbH to store data at any time. The withdrawal of permission must be in written form.
12.0 Final clause
12.1 Scheiba GmbH reserves the right to amend or supplement these terms and conditions in accordance with the following paragraphs, in order to adjust to the market or add services to those currently offered by Scheiba GmbH.
12.2 Scheiba GmbH will inform the customer in written form of changes to the terms and condition a minimum of four weeks before these changes take place.
12.3 Should the customer not agree with the changes, then the customer may object to these changes within four weeks of receiving the planned alterations. The customer will be informed of this fact at the time of receipt of the planned changes. Should the customer not object within the allotted time, then the alterations take effect at the planned time and the customer is assumed to have agreed with the alterations. The customer will also be informed of this fact at the time of receipt of the planned alterations. The rights of both parties with regard to cancellation of the contract are not affected by this paragraph.
12.4 Declaration of intent from both parties may be in electronic form. Such letters are defined as written form, as long as legislation, or these terms and conditions do not exempt this form.
12.5 The court of jurisdiction for claims and disputes in regard to the services of Scheiba GmbH is Celle District court (Amtsgericht), or the Lüneburg County courts (Landgericht).
12.6 Should any of the paragraphs in this document be deemed ineffectual, either now or in the future, is the rest of the document not affected by this fact.
