General Terms and Conditions of PathConnect GmbH
1. Scope of application and definitions
- (1) The following General Terms and Conditions apply to all deliveries and services between PathConnect GmbH and the customer in the version valid at the time of the order.
- (2) The customer is any legal or natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity (§ 13 German Civil Code – BGB).
2. Conclusion of contract, storage of the contract text
- (1) The following regulations regarding the conclusion of a contract apply to orders placed via the online shop: https://pathconnect.de of PathConnect GmbH.
- (2) In the event of a contract being concluded, the contract is entered into with
- (3) The presentation of services in the online shop of PathConnect GmbH does not constitute a legally binding offer, but merely a non-binding invitation to the customer to order services. By ordering the desired services, the customer submits a binding offer to conclude a service contract.
- (4) Acceptance of the offer takes place in writing, in text form, or by delivery of the ordered services within one week. If this period expires without acceptance, the offer is deemed rejected.
- (5) When an order is received in the online shop of PathConnect GmbH, the following regulations apply: The customer submits a binding contractual offer by successfully completing the order procedure provided in the online shop. The order is placed in the following steps:
- 1) Selection of the desired services
- 2) Confirmation by clicking the “Add to cart” button
- 3) Review of the cart details by clicking “View cart”
- 4) Proceeding by clicking “Proceed to checkout”
- 5) If no customer account exists, registration is required with first name, last name, address, and email address
- 6) Clicking the “Buy now” button
- 7) Final review and correction of the entered data
- (6) Before submitting the binding order, the customer can return to the page where the customer’s details are recorded and correct input errors by using the “Back” button of the internet browser used, or cancel the ordering process by closing the browser. PathConnect GmbH confirms receipt of the order immediately by an automatically generated email (order confirmation). This does not yet constitute acceptance of the offer. Acceptance takes place in writing, in text form, or by delivery of the ordered services within one week.
- (7) Storage of the contract text for orders via the online shop of PathConnect GmbH: PathConnect GmbH sends the order data to the customer by email. The GTC can be viewed at any time at https://pathconnect.de/agb. For security reasons, the customer’s order data is no longer accessible via the internet, but can be viewed via the respective customer account.
PathConnect GmbH
Zimmerstraße 3
76137 Karlsruhe
Germany
.
3. Services of PathConnect GmbH and content restrictions
- (1) The services of PathConnect GmbH result from the offers on the website https://pathconnect.de or from the orders between the customer and PathConnect GmbH, unless otherwise agreed individually.
- (2) The servers on which data and information are stored are connected to the internet via a complex network infrastructure. Data traffic is routed via various active and passive network components and can therefore achieve a maximum throughput. Data traffic capacity may therefore be limited on individual servers.
- (3) Unless otherwise expressly agreed in writing on an individual contractual basis, PathConnect GmbH may also have the services used carried out by qualified employees or third parties.
- (4) PathConnect GmbH grants the customer access to the web base by providing the customer with full and exclusive access to their data via an individually assigned password. PathConnect GmbH may view the uploaded data at any time; however, this will only occur in cases of suspicion (e.g. copyright or data protection violations) or at the customer’s request.
- (5) In the event of justified suspicion of violations such as copyright or data protection infringements, PathConnect GmbH has the right to immediately block the customer’s account. The account suspension will be communicated to the customer in writing and a period of 48 hours from receipt of the written notification will be granted for the customer to secure their data. Furthermore, PathConnect GmbH has the right to irrevocably delete the data if serious violations of copyright or data protection exist and the customer has failed to meet the deadline for securing the data. In such cases, responsibility for the breach of contractual obligations lies exclusively with the customer. The payment claim of PathConnect GmbH during the contractual term remains unaffected.
- (6) The customer is obliged to avoid excessive server load that requires high computing power or an above-average amount of memory. Excessive use means a noticeable and significant restriction or crash of the server. In case of doubt, the customer must confirm with PathConnect GmbH that excessive server load can be excluded. If such a case occurs, PathConnect GmbH has the right to block the account and delete the affected data in accordance with § 3 (5).
- (7) Unless otherwise contractually agreed, the following data and information are expressly prohibited from being uploaded:
- Malware, viruses, spyware
- Any other loads that lead to excessive usage in accordance with § 3 (6)
- Copyright-protected data
- (8) In addition to the ordered services, the customer may at any time make use of remote consultation for the application of the cloud service after written agreement and appointment scheduling. The remuneration for this additional service is agreed individually.
4. Prices, payment, due date
- (1) The stated prices include statutory VAT and other price components.
- (2) Depending on the individual contractual agreement, payment is made via PayPal, direct debit, or credit card. Payment is due one month in advance.
- (3) PathConnect GmbH reserves the right to increase prices at most once per quarter. In the event of a price increase, this will be communicated to the customer in writing. The price increase requires the customer’s consent, which is deemed given if the customer does not object within four weeks of receipt of the written notification. The customer will be informed in the written notification about the consequences of failing to object.
- (4) In the event of payment default by the customer, PathConnect GmbH is entitled to (i) charge the customer default costs (statutory default interest and costs of appropriate legal enforcement, in particular reminder, collection, and court fees as well as attorney fees) and (ii) interrupt or block the contract or account until full payment has been received. The consequences of an interruption or account suspension, such as reassignment or possible data loss, are borne by the customer. In the event of account suspension, § 3 (5) applies. If reactivation of a server is necessary due to the interruption, a one-time fee of EUR 30 may be charged.
- (5) If the customer is in default of payment, PathConnect GmbH has the right to change the payment method to advance payment. The decision lies at the discretion of PathConnect GmbH. Furthermore, PathConnect GmbH is entitled to obtain a SCHUFA credit report on the customer if cooperation obligations under § x data protection are violated or omitted, or if the customer’s creditworthiness is checked in the course of legal enforcement. The costs associated with the SCHUFA report are borne by the customer.
5. Delivery
- (1) Unless otherwise expressly stated in the service description of the offer by PathConnect GmbH, the offered services will be sent to the customer by email with the corresponding access data within two working days, but not before full payment has been received in the account of PathConnect GmbH. If the deadline falls on a Saturday, Sunday, or public holiday at the location of PathConnect GmbH, the deadline ends on the next working day.
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6. Right of withdrawal for consumers
Right of withdrawal for consumers
Consumers are entitled to a right of withdrawal under the following conditions. A consumer is any natural person who concludes a legal transaction for purposes that cannot predominantly be attributed to their commercial or independent professional activity:
Withdrawal notice
Right of withdrawal
You have the right to withdraw from this contract within fourteen days without giving any reason.
The withdrawal period is fourteen days from the day the contract is concluded.
To exercise your right of withdrawal, you must inform us:
by means of a clear statement (e.g. a letter sent by post, fax, or email) of your decision to withdraw from this contract. You may use the attached sample withdrawal form in Appendix 1, but this is not mandatory.
To meet the withdrawal deadline, it is sufficient to send the notification of exercising the right of withdrawal before the withdrawal period expires.
Consequences of withdrawal
If you withdraw from this contract, we shall reimburse all payments received from you, including delivery costs (with the exception of additional costs resulting from your choice of a type of delivery other than the cheapest standard delivery offered by us), without undue delay and no later than fourteen days from the day on which we receive notification of your withdrawal from this contract. For this reimbursement, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise; in no case will you be charged fees for this reimbursement.
If you have requested that the services begin during the withdrawal period, you shall pay us an appropriate amount corresponding to the proportion of services already provided up to the time you notify us of exercising your right of withdrawal in relation to this contract, compared to the total scope of services provided for in the contract.
End of the withdrawal notice
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7. Warranty
- (1) The statutory warranty provisions apply. Product and/or service descriptions result exclusively from the offer. For clarification: PathConnect GmbH does not provide guarantees within the meaning of §§ 443, 444, and 639 BGB at any time.
8. Data protection
- (1) PathConnect GmbH operates in accordance with EU Regulation 2016/679 (General Data Protection Regulation – GDPR), the Federal Data Protection Act (BDSG), and the Telemedia Act (TMG).
(2) PathConnect GmbH collects, processes, and uses personal data of a user without separate consent insofar as this is necessary for the performance of the contract. Further provisions are regulated in the privacy policy https://pathconnect.de/privacy.
- (3) The customer guarantees that all data provided to PathConnect GmbH is correct and complete. Changes must be communicated to PathConnect GmbH without delay. This also applies if PathConnect GmbH requests confirmation of the accuracy of the data.
- (4) The customer is expressly informed that data protection for data transmission in open networks such as the internet cannot be fully guaranteed according to the current state of the art. The customer is aware that PathConnect GmbH has the possibility at any time to view the data and information stored on the servers. However, this possibility will only be used in the course of contract performance (if necessary), at the customer’s request, or in cases of suspected violations such as copyright, data protection, or competition law.
- (5) PathConnect GmbH expressly points out to the customer that other participants on the internet may exist who are technically capable of unlawfully interfering with network security and monitoring message traffic.
9. License provisions for data
- (1) The customer guarantees to PathConnect GmbH that all necessary licenses, operating systems, or other usage permissions relating to the transmitted and server-stored data and information exist and are complied with. PathConnect GmbH is not obliged to verify such licenses, operating systems, or usage permissions and shall be indemnified against all claims by third parties.
10. Contract term and termination
(1) Monthly termination with four weeks’ notice to the end of the month is possible at any time. Termination must be made in writing and sent to PathConnect GmbH at the following email address moritz@pathconnect.de.
11. Liability, third-party rights, and indemnification
- (1) PathConnect GmbH is liable for damages caused by it or its agents through gross negligence or intent. In the event of a breach of essential contractual obligations, PathConnect GmbH is only liable for slightly negligent financial damages, which are limited in type and scope to foreseeable, direct damages and in amount to the existing liability insurance coverage. Excluded from this are claims that are mandatorily based on the Product Liability Act or claims for injury to life, body, or health.
- (2) The customer undertakes, where legally permissible, to indemnify PathConnect GmbH against all claims by third parties arising from unlawful actions of the customer or from content-related errors of the data and information provided by the customer. This applies in particular to copyright, data protection, and competition law violations. PathConnect GmbH is not obliged to review the transmitted data and information for such legal violations.
- (3) The customer guarantees that the provision and publication of content, data, and information of websites and/or other data and information created or provided by them do not violate German law or any other applicable national law, in particular copyright, data protection, and competition law. PathConnect GmbH has the right to block, take offline, or delete content, information, and data if they appear problematic or if third parties approach it. In the event of deletion, § 3 (5) applies. If the customer can provide written proof that third-party rights are not infringed, PathConnect GmbH will restore the content, information, and data and/or put them back online insofar as this is still possible following deletion under § 3 (5). PathConnect GmbH shall be indemnified by the customer against third-party claims.
12. Applicable law and place of jurisdiction
- (1) The law of the Federal Republic of Germany applies. The exclusive place of jurisdiction for all legal disputes arising from this contract is Karlsruhe.
13. Final provisions
- (1) Assignment or transfer of the contract as a whole or of individual rights and obligations by the customer to third parties requires the prior consent of PathConnect GmbH.
- (2) If individual provisions of this contract are or become wholly or partially invalid or unenforceable, this shall not affect the validity and enforceability of the remaining provisions. The parties shall cooperate to replace the invalid or unenforceable provision with a valid and enforceable provision that comes as close as possible to the economic purpose. The same applies in the event of a contractual gap.
- (3) No verbal side agreements have been made. Amendments or supplements to this contract must be made in writing to be effective. This also applies to amendments or cancellation of this written form requirement.
Status of the GTC: March 2020.
Appendix 1: Sample withdrawal form
(If you wish to withdraw from the contract, please complete this form and return it.)
To:
PathConnect GmbH
Zimmerstraße 3
76137 Karlsruhe
Germany
Email: info@pathconnect.de
I/We (*) hereby withdraw from the contract concluded by me/us (*) for the purchase of the following goods (*)/the provision of the following service (*)
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Ordered on (*)/received on (*)
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Name of the consumer(s)
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Address of the consumer(s)
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Signature of the consumer(s) (only if notified on paper)
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Date
(*) Delete as applicable.
