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I. SatPro Int. Ltd. & Co KG
General terms and conditions
under construction
II. SatPro Int. Ltd. & Co KG
Business Conditions for the Service D+
Preamble
SatPro (in the following called 'SP') is a service provider.
The SP provides access to INMARSAT-service D+
1 Object of the Terms
The following terms regulate the usage of the serive D+ between the SP and the end customer (in the following called 'User').
2 Inception of Treaty
2.1 Conditions
The provision of a service D+ requires registration with the SP. As the User, only persons of full age or a juristic person is accepted. The SP reserves the right to reject an application for registration in individual cases on the basis of good reasons.
2.2 Provision of services
A service is considered to be provided when the User has been informed in writing.
3 Jurisdiction
In case the client is a registered trader, for all propriety conflicts resulting directly or indirectly from the contractural relationship, the jurisdiction is the court of justice of Kirchbarkau. A possible exclusive court of justice remains unaffected in this context.
4 Data Protection
Individual-related data is collected, processed and used, without further agreement, only for the purpose of supplying access, usage and accounting. For contract handling, for the Hotline and here especially for the technical support as well as for accounting, the user data, in the framework of commissioned data processing, can be transferred internally or to commissioned enterprises. In either case, the SP ensures the same protection of the individual-related data, as it is stipulated in clause 1.
5 Service D+ (Subject of Contract)
The SP faciliates the use of the services provided by the service D+ to the limit of the existing technical and operational possibilities. The range of services, especially system requirements and individual prices, are depending on the particular rate chosen by the User, which are listed in the specifications/price list, additional conditions or special agreements. The services listed in these registers are valid, unless stated explicitly different in these Business Conditions or in the according specification/price list.
6 Further Duties and Obligations of the User
In particular, the User is obliged to
6.1 pay the agreed prices according to the price list in due time. For each dishonoured cheque or each dishonoured / rejected debit note, the User has to reimburse the SP the resulting costs to the extend he is responsible for having generated the costs.
6.2 notify the SP of changes of address
6.3 not exploit the service D+ improperly.
7 Limitation of Liability
7.1 For events causing damage, which result from the use of D+, SP is liable only when gross negligence or intend is evidenced.
7.2 Is the SP in default with its services or impeded in providing the services for any circumstances beyond its influence, the SP is liable to a maximum amount of Euro 1.000.
7.3 Liability of all other damage is excluded.
8 Use by Third Parties
8.1 Third parties are all natural or juristic persons which are not Users as defined under clause 1.
8.2 It is not allowed to provide third parties access to the services without specific written consent of the SP.
8.3 If a consent as of clause 8.2 has been refused, the User has no right for an extraordinary notice of cancellation.
8.4 Regarding the prices, pay attention especially to clause 9.6.
9 Prices, Price Changes, Conditions of Payment
9.1 Applicable is the effective fee for the selected rate, following the specifications/price list.
9.2 The payment for the D+ services are effected by the SP issuing an invoice. Differences are stipulated in the specifications/price list, additional conditions or special agreements.
9.3 Starting with the day of initiation of access to the D+ service, monthly prices are to be paid proportionally for the rest of the month. Thereafter, the prices are to be paid monthly in advance, and are due upon receipt of the invoice. When the price for parts of an accounting month is to be calculated, then it will be done proportionally for each day, based on the monthy price. A full month will be billed when the User cancels the contract before the end of an accounting month.
9.4 Other prices are to paid after provision of service and receipt of the invoice.
9.5 In case of denied access the User remains oligated to pay for the full monthly prices. There is no proportional compensation.
9.6 The User is also obliged to incur expenses originated by unauthorized usage.
9.7 The amount of an invoice is to be paid into the bank account stated on the invoice, and has to be credited latest on the tenth day after receipt of the invoice. In case of direct debiting authorization, care has be taken for sufficient backing.
9.8 The SP is entitled to change the effective fees for the services. The SP will inform the User in written about the changes. At the same time the SP will explicitely point out to the User, that the changed effective fees will become effective, if the User does not object to the change of effective fees within six weeks in written form. The contractural relationship will then continue with the changed effective fees.
9.9 Objects the User in time, then both parties are entitled to cancel the contractural relationship with a time limit of one month to the end of a calendar month.
10 Modification of Performance
10.1 The SP is entitled to change individual performance features. The SP will notify the User of any modifications of the performance. A notification can also be in written form. At the same time the SP will explicitely point out to the User, that the changed contractural relationship will become effective, if the User does not object to the change of contract within six weeks in written form. The contractural relationship will then continue with the effective changes.
10.2 Objects the User in time, then both parties are entitled to cancel the contractural relationship with a time limit of one month to the end of a calendar month.
11 Complaints / Objections
Objections against invoiced prices or performances of the SP have to be raised in written form and preferably immediately after receipt of the invoice, at the latest however eight weeks after the billing date. Omission of timely objections are considered as acceptance. Legal claims of the User remain untouched. Further details arise from the specifications/price lists.
12 Arrears (Freeze/Termination)
12.1 In case of delayed payment of the User and the occurrence of the conditions stated in clause 12.2, the SP is entitled,
12.1.1 to impose a freeze on the access of the User to the D+ service, at the expense of the User. In this case the User remains obliged to pay the monthly fees.
12.1.2 to terminate the contractual relationship without keeping the term.
12.2 The measures of clause 12.1 can be taken if the User is in arrears
12.2.1 for more than two weeks, with the payment of the prices or with a substantial part of the prices, or
12.2.2 over the timeframe of more than two weeks, with the payment, amounting to a sum of twice the monthy base fee.
12.3 The SP has the reservation to assert further claims because of delayed payments.
12.4 If the SP gets into arrears with the performances owing and is accountable for the delays, then the User will be reimbursed for the fees accumulated over that period. The User is entitled to withdraw from the contract only, if the SP is not complying within an appropriate timeframe given by the User, for reasons the SP has to account for.
13 Termination
13.1 In principle, the contractual agreement is for both partners, allowing for the terms according to clause 13.2, terminable at the earliest after 12 months. In case of termination before the end of an accounting period, attention should be paid in particular to clause 9.3.
13.2 The termination has to be received in written form by the SP or the User at least six workdays before the day of it becoming effectual. A Saturday is not included in the workdays.
14 Other Conditions
14.1 The User can transfer the rights and duties of this contract to third parties only with prior written consent of the SP.
14.2 Mailing of notifications to the SP via eMail is sufficient for the written form only, if this is explictly stated in these Business Conditions.
14.3 The directives of the Product Liability remain untouched.
14.4 For the contractural relationships of the contract partners, the German Law is applicable.
Dated: 01.12. 2006
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