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GENERAL TERMS AND CONDITIONS OF SIMPLY NETWORK INFORMATIONSMANAGEMENT GMBH A) Preface 1) To become effective, ancillary agreements, promises of product/service features and subsequent contract amendments shall require written confirmation by the seller. B) Liability 1.) For the content of the customer’s pages on the Internet portal “CAMPING-IN-EUROPA” and the corresponding country pages, responsibility shall lie exclusively with the customer. The customer has made sure that the contents, which he has made available, do not violate applicable laws, and that no rights of third parties are infringed. Should the contrary be the case, the customer hereby exempts the contractor from all third-party claims. 2.) On local data storage media, the customer shall make backup copies of all contents and data entered on the customer’s pages, which he can then upload once again onto the customer’s pages in the event of a data loss. 3.) Notifications of defects and customer complaints of all kinds shall be made by the customer immediately after the defect has come to his knowledge. There shall be no claims for indemnification because of defects, which adversely affect the suitability of the service only to an insignificant extent. 4.) In rare cases, restrictions or impairments of the scope of services may occur that lie beyond the sphere of influence of simply network informationsmanagement gmbh. Interruptions of the customer pages’ accessibility caused by force majeure, technical reasons or operational disorder shall not exempt the customer from his contractual obligations. Claims for damages shall be ruled out. C) Prices and Terms of Payment 1.) Unless otherwise agreed in writing, all prices shall be without discounts or other price reductions, strictly net plus the applicable statutory value-added tax. 2.) In the event of delayed payments, simply network informationsmanagement gmbh shall be entitled to charge default interest of 2% above the respective German Central Bank base lending rate from the due date onwards. 3.) If the customer comes in default of payment, the contractor shall be entitled to block the customer’s pages and services. 4.) The sales item and the services shall remain unrestricted property of simply network informationsmanagement gmbh until all accounts receivable have been paid to the full extent. D) Concluding Remarks 1.) Should individual conditions / circumstances of a contract /agreement be legally ineffective, the other conditions / circumstances shall remain unaffected. 2.) As the place of performance and jurisdiction for both contracting parties in relation to all current and future claims arising out of the business relationship, the registered office of simply network informationsmanagement gmbh shall be agreed as far as this is legally admissible. Elsdorf, March 2006 Contractual conditions of simply network informationsmanagement gmbh |
