General Terms and Conditions
Term and termination of the contract
- Area of Validity
The following general terms and conditions and relative products descriptions are the basis of all legal transactions between the skyDSL Europe B.V., Waldstr. 86 - 90, 13403 Berlin, Germany, (hereinafter referred to as "skyDSL") and the customer for the provision of the Services „skyDSL“, „satConnect“ and „Bo & Mia“ (collectively "the Services" and individually referred to as "the Service"), the related other services and the sale of merchandise. Certain offers may be subject to special conditions which may take precedence or supplement these general terms and conditions. Terms of business of the customer deviating from these terms and conditions shall not apply.
- Conclusion of the contract
The offers on the websites of skyDSL are non-binding. When ordering (e.g. over the website of skyDSL) the customer places a binding offer to conclude a contract for the services ordered with skyDSL. Any confirmation of receipt sent by skyDSL does not constitute an acceptance of the offer yet. skyDSL may accept the customer's offer within 5 working days after receiving the order, by sending an order confirmation. The contract is concluded upon receipt of the order confirmation.
- Activation of the service, delivery of the merchandise
- For the purpose of the activation skyDSL shall inform the customer about the access data required for the use of the service as well as the activation date. The activation takes place within max. 20 business days after the conclusion of the contract.
- Ordered goods will be dispatched within 10 working days after the conclusion of the contract and - depending on the delivery time - delivered within max. 20 working days after the conclusion of the contract.
- Terms of payment, charges for additional services
- Monthly basic fees and flat rates shall be paid in advance. Other charges, in particular connection fees, shall be paid on a monthly basis, unless otherwise agreed. Unless an earlier date has been agreed, the performance fees are due for payment at the end of five business days after the invoice has been issued.
- Invoices are sent electronically to the customer's e-mail address and are made available in the customer area. If the customer also requires the postal delivery of an invoice, skyDSL can charge a fee of EUR 2.50 per invoice.
- SkyDSL charges additional fees for certain services listed in skyDSL's fee table. A generally accessible, complete and valid price list is available at www.skydsl.eu/en-CH/Partner/Internet-via-satellite/info/worthknowing/paymentcondition. If a customer makes use of a service listed therein and no differing agreement has been made, the customer is obliged to pay the fees stated in the current fee table.
- Late payment, block
- In case of blocking of the service due to late payment, the customer remains liable to pay the costs incurred during the block period, regardless of use.
- After a late payment causes blocking of the service, if subsequent skyDSL warnings remain fruitless, skyDSL is entitled to immediate termination of the contract for just cause.
- Rights in case of defects of delivered goods
- In the case of supply of goods a statutory warranty right applies.
- The customer is obligated to immediately notify skyDSL in written form of any scarcities and thereby, as far as reasonably practicable, provide all information for determining the deficiency and its causes.
- skyDSL eliminates scarcities, at its own option, by means of rectification or replacement.
- If the customer of skyDSL receives replacement for defective goods, he/she is obliged to promptly return the defective goods. The customer is informed by skyDSL of a RMA (Return Material Authorization) number, with which he must mark the goods before return.
- If there is no warranty case and the customer is affected by liabilities of the unjustified enforcement of warranty claims, then skyDSL is entitled to bill the customer for the costs incurred by the verification of the returned goods.
- Liability of skyDSL
- Compensation claims for breach of duty and tort as well as claims for reimbursement of expenses are excluded both against skyDSL as well as to their agents and assistants.
- This limitation of liability does not apply if the damage was caused intentionally or through gross negligence, as well as in the case of infringement of contractual obligations, ie. contractual obligations, which fulfill the proper implementation of the contract and whose compliance with the contractual partner may regularly be trusted. Infringement on the other hand jeopardizes the attainment of the contractual purpose. It is also not valid for damages from injury to life, body or health if skyDSL is responsible for the breach of duty. The limitation shall also not apply to damages which are based on the absence of an assured property or for which liability is provided under the Product Liability Act.
- In the field of application of the Telecommunications Act (TKG) the liability provisions and limitations set out in § 44a TKG remain unaffected.
- skyDSL assumes no liability whatsoever for weather-related quality degradation of the satellite-based services and the mobile radio channel as well as for the quality of the data transmission, access times, possible restrictions on access to terrestrial or satellite networks and / or servers connected to the Internet.
- Customer Responsibilities
- The customer must:
- Provide skyDSL with complete and truthful information about his login data and immediately notify about any modification related to these data,
- Keep his/her login details secret and do not share them with a third party. He/She must immediately inform skyDSL in case the customer suspects that a third party knows his/her access data,
- Pay for the costs and remunerations caused by the use, authorized or not, that a third party has made of the service,
- Not disrupt, change or damage the skyDSL net or any other net,
- Not to provide any third party with the telecommunications services (specially the internet access) of skyDSL or get any profit from it as the customer is a private customer and these services have not been designed for a commercial use or purpose.
- Not to use the Internet services provided by skyDSL to provide commercial services to third parties which enable an indeterminate number of users or a defined user group to access the Internet wirelessly (in particular, hotspot services) or to provide third party Internet access services for the provision of these services put.
- The customer is expressly informed that data transferred to the internet can be exposed or unprotected and that therefore he/she should take all the necessary precautions to protect his/her data and his/her PC against possible attacks made through the Internet by third parties.
- The customer must ensure that the posted or transferred content as well as his/her behaviour on the Internet do not violate any law. The customer is expressly forbidden to use the skyDSL service improperly or allow the improper use of the service or to use it to commit illegal or criminal acts. The customer exempts skyDSL from any cost or claim made by a third party due to the inappropriate or unlawful use of the internet access. skyDSL is entitled to delete immediately content posted by the customer that violate the law.
- Restrictions of use
- The customer is forbidden,
- To produce viruses, improper advertising (spam), chain letters or any other nursing or harmful messages about the service,
- To transmit information with illegal or immoral content or to enter into the internet and to point out such information,
- To use the access to the internet for the operation of a server and / or for permanent networking or connection of locations or telecommunications installations,
- To allow access to scanning of an operating system and / or a network (scanning), as well as the unauthorized monitoring of traffic flows, without the consent of the owner,For the purpose of providing the customer or a third party with payments and / or other counter-charges due to the connection and / or the duration of the connection (e.g., counter-charges for calls to chat-lines or advertising hot-lines)
- Connections which are not intended for direct communication with another subscriber, but only for the purpose of establishing the connection and / or the duration of the connection.
- In the case of serious disruptions or a risk to their equipment or infrastructure by the customer, skyDSL shall be entitled to take immediate technical measures to ensure trouble-free operation.
- SkyDSL automatically has to make changes to the software of the satellite modem used by the customer (for example, updates to the firmware).
- SkyDSL is entitled to temporarily interrupt the service, to restrict it in duration partially or completely, as long as this is due to reasons of public security, due to legal requirements, the security of the network operation, the maintenance of network integrity, data protection or the Necessary work or technically necessary work.
Remote terminals, reservation of ownership
- The term of the contract begins with the unblocking of the service according to para. 3.1. ( "Tariff start").
- If a minimum contract term has not been agreed upon, the contract is concluded indefinitely. The contract may be terminated with a period of four weeks at the end of each contract month.
- If a minimum contract term has been agreed, the contract will automatically be extended by 12 months in case the contract has not been terminated with a notice period of 4 weeks at the end of the contract term.
- Additional options booked may be terminated at the terms and terms agreed with the option. With the termination of the contract on the standard performance contract conditions also terminate over additionally booked options.
- The right of the parties to extraordinary termination due to important cause after a previous fruitless warning is not affected. The most important reasons for skyDSL are, in particular, violations by the customer against the contractual obligations to which he is subject under these General Terms and Conditions, as well as violations of criminal law or other legal regulations. If skyDSL terminates the contract for reasons to be represented by the customer without notice, skyDSL is entitled to claim compensation for non-fulfilment of the contract. This also includes the damage caused by skyDSL in that the contract could not be carried out beyond the originally agreed duration.
- The termination of services by third parties (in particular network operators and satellite operators), which skyDSL uses to fulfil its obligations to the customer, for reasons not justifiable by skyDSL, shall entitle skyDSL to extraordinary termination if any other procurement of the services rendered by the third party is not possible for skyDSL or is only possible under disproportionate expenses. Furthermore, skyDSL has the right to terminate without notice, if it becomes economically unacceptable to provide the agreed services by fundamental changes in technical or legal standards. SkyDSL will notify the customer without undue delay and, if necessary, reimburse any basic charges that have not yet been expended for the current month.
Amendments to the terms and conditions and performance specifications
- If for the duration of the contract terminal devices (eg. satellite modem or satellite antenna) are handed over to the customer free of charge (loan), this equipment remains the property of skyDSL. The customer is obligated to deal with the equipment provided carefully. After termination of the contract the customer shall return the equipment sent to him to skyDSL at his expense and at his own risk. A liability for deficiencies that occurred during the duration of the lending agreement on the equipment provided and not due to improper handling is taken by skyDSL according to the legal requirements. Replacement of a damaged or destroyed equipment during the term of the contract is made at the customer's request and, if skyDSL is not responsible for the damage or destruction, at the expense of the customer.
- If the customer rents a terminal device (for example satellite modem or satellite antenna), it remains the property of skyDSL. The customer is obligated to deal carefully with the equipment provided. After termination of the contractual relationship the customer shall return the terminal sent to him to skyDSL at his expense and at his risk. SkyDSL is liable for defects which occur during the rental contract and do not result from an improper treatment of the rented property. Liability-independent guarantee liability (§ 536 a para. 1, case 1 BGB) is excluded.
- If, within the scope of the product chosen by the customer, the terminal device is provided free of charge to the customer, the ownership of the equipment passes to the customer upon handover. In this case, skyDSL assumes liability for defects pursuant to section 6.
- In the event of the sale of goods to the customer, skyDSL reserves the right to ownership of the delivered goods until the purchase price has been paid in full.
- All rights to a licensed SIM card including the granting of rights of use for software installed by skyDSL on the SIM card are with skyDSL. Due to technical modifications, skyDSL is entitled to replace the SIM card with a replacement card.
- SkyDSL may amend the general terms and conditions, as far as it does not affect essential arrangements of the contractual relationship and this is necessary to adapt to developments that were not foreseeable at the time of conclusion of the contract and whose neglect would significantly interfere with the fair balance of the contractual relationship. Significant changes include, in particular, the nature and scope of the contractually agreed services and the duration of the contract, including the arrangements for terminating the contract.
- The performance specifications may be amended if this is necessary for legitimate reasons and the customer is not objectively affected by it when regarding the performance specifications included at the moment of the contract (for example, maintaining or improving functionalities) and as long as it does not deviate significantly from them. A legitimate reason exists if there are technical innovations with regard to the services owed or if third parties - from whom skyDSL receives necessary advance performance for the provision of the agreed services - will change their offer of services.
- Intended changes to the general terms and conditions or to the performance specifications will be communicated to the customer in writing at least 30 days before their impact. Customer consent is deemed to have taken place if he does not object to the change within 30 days of the announcement in writing and stating his customer number. If the customer rejects the change, the customer will not be affected by it and the contractual relationship can be terminated by skyDSL at the end of the contract term. SkyDSL will point out the consequences of these changes separately.
- SkyDSL can use their service of third parties to meet its contractual obligations.
- The customer can transfer the rights and obligations of this contract to a third party only with the prior written consent of skyDSL. The consent can only be refused for a factual reason.
- The business relations between the Contract Parties are subject exclusively to the law of the Federal Republic of Germany. The determinations of the United Nations Convention on Contracts for the International Sale of Goods (CISG) do not apply. If the customer acts as a consumer, apply the mandatory consumer protection regulations, applicable in the country in which the customer is habitually resident, as long as those provide the customer with further protection.
- If the customer is a merchant, a legal person of public law or a public special fund, the court of jurisdiction for all claims resulting from the contractual relationship is Berlin-Charlottenburg, Federal Republic of Germany. However, skyDSL may also sue the customer at its general court.
skyDSL Europe B.V., State: August 1st 2016