General Terms and Conditions

General Terms and Conditions of F2N IT Solutions GmbH

§ 1 Scope of these terms

1.1 F2N IT Solutions GmbH provides its services exclusively on the basis of these terms and conditions. They also apply to all future business relationships, even if not expressly agreed again.

1.2 Deviations from these terms and conditions are only effective if confirmed in writing by F2N IT Solutions GmbH.

§ 2 Formation of the contract

2.1 The contract for the use of F2N IT Solutions GmbH's services is formed upon countersignature of a contract or upon F2N IT Solutions GmbH sending the access credentials. F2N IT Solutions GmbH may make the conclusion of the contract conditional on presentation of a written power of attorney, an advance payment, or a guarantee declaration from a bank based in Germany.

2.2 Insofar as F2N IT Solutions GmbH engages third parties to provide the services offered, those third parties do not become contractual partners of the customer. Furthermore, no contractual relationship arises between customers of F2N IT Solutions GmbH merely through the joint use of the services.

§ 3 Termination

3.1 Unless otherwise agreed, contracts may only be terminated in writing, by registered letter to F2N IT Solutions GmbH, with one month's notice to the end of a calendar month.

3.2 If the customer objects to a price increase within six weeks of being notified of it and no agreement can be reached, either contracting party is entitled to terminate the contract in writing, effective as of the date the increase takes effect. If the customer does not exercise this right of objection, or termination is not declared in time, the announced price increase takes effect.

§ 4 Scope of services

4.1 F2N IT Solutions GmbH provides the customer with access to the existing communications infrastructure and the use of value-added services. The scope of the contractual services results from the contract and the applicable price list. For technical reasons, 100% availability of the services cannot be guaranteed, which the customer acknowledges upon signing the contract.

4.2 Insofar as F2N IT Solutions GmbH provides free-of-charge services, these may be discontinued at any time, with advance notice. This does not give rise to any claim for reduction, reimbursement or damages.

§ 5 Customer obligations and duties

5.1 The customer is obliged to use F2N IT Solutions GmbH's services appropriately. In particular, the customer is obliged to:

1. inform F2N IT Solutions GmbH within one month of any changes to the contractual basis, in particular their address;
2. notify F2N IT Solutions GmbH without delay of changes affecting the conditions for tariff classification;
3. not misuse access to F2N IT Solutions GmbH's services and refrain from unlawful acts;
4. ensure compliance with statutory provisions and regulatory requirements, insofar as these are, now or in future, required for participation in F2N IT Solutions GmbH's network;
5. observe and follow recognised principles of data security;
6. notify F2N IT Solutions GmbH without delay of any recognisable defects or damage (fault reports) and take all measures that enable the defects or damage and their causes to be determined, or that facilitate and speed up remedying the fault;
7. reimburse F2N IT Solutions GmbH for expenses incurred in checking its facilities following a fault report, if and insofar as the check reveals that the fault lay within the customer's area of responsibility;
8. pay the agreed fees on time, in accordance with the applicable tariff classification, plus statutory VAT;
9. reimburse F2N IT Solutions GmbH for material and personnel expenses and outlays incurred as a result of a breach of contract.

5.2 If the customer breaches the obligations set out in § 5.1(c) or (d), F2N IT Solutions GmbH is entitled to terminate the contractual relationship immediately; in all other cases, except § 5.1(h), after an unsuccessful warning. § 9 of these terms applies to breaches of § 5.1(h).

5.3 Details of how users interact with one another may be agreed by way of a user policy. Breaches of essential provisions of such a user policy entitle F2N IT Solutions GmbH, after an unsuccessful warning, to terminate the contractual relationship without notice.

§ 6 Use by third parties

6.1 Direct or indirect use of F2N IT Solutions GmbH's services by third parties is only permitted with the express written consent of F2N IT Solutions GmbH.

6.2 Where use by third parties is permitted, the customer must properly instruct them in the use of the services. Where use by third parties is not permitted, this does not give rise to any claim for reduction, reimbursement or damages.

6.3 The customer must also pay the fees arising from authorised or unauthorised use of F2N IT Solutions GmbH's services by third parties, within the scope of the access and usage options made available to the customer.

§ 7 Terms of payment

7.1 Unless expressly stated otherwise, all prices and price information from F2N IT Solutions GmbH are exclusive of statutory VAT, which is added.

7.2 Invoices are issued monthly, at the start of the following month, unless otherwise specified in the contract or the product description of the individual product.

7.3 The agreed fees are due upon receipt of the invoice. Where a fee is due for part of a calendar month, it is calculated at 1/30 of the monthly fee per day.

7.4 Line and communication costs between the customer and F2N IT Solutions GmbH's point of connection are borne by the customer. Where separate costs arise on F2N IT Solutions GmbH's side in connection with a connection, these will be invoiced to the customer.

7.5 On request, F2N IT Solutions GmbH will provide the customer with the relevant usage records, in a suitable format and, where available, electronically, for the past three months.

7.6 Unless the customer participates in the direct debit scheme, the invoice amount must be credited to the account stated on the invoice no later than the fifth day after receipt of the invoice. In the event of delay, F2N IT Solutions GmbH is entitled to charge a processing fee.

§ 8 Right of set-off and retention, delay in performance, refunds

8.1 The customer may only set off against claims of F2N IT Solutions GmbH with undisputed claims or claims that have been finally and bindingly established by a court. The customer is only entitled to assert a right of retention on the basis of counterclaims arising from the same contract.

8.2 F2N IT Solutions GmbH is not responsible for delays in delivery or performance due to force majeure or events that materially impede or make performance impossible for F2N IT Solutions GmbH – including in particular force majeure, strikes, lockouts, energy shortages, transport disruptions, regulatory orders, and the failure of communication networks or technical facilities of other operators – even where these occur at suppliers or subcontractors of F2N IT Solutions GmbH or their sub-suppliers, and this applies even to bindingly agreed deadlines and dates. Such events entitle F2N IT Solutions GmbH to postpone delivery or performance for the duration of the impediment, plus a reasonable start-up period.

8.3 If performance of the contract becomes wholly or partially impossible for F2N IT Solutions GmbH for the reasons stated in 8.2, F2N IT Solutions GmbH is released from its obligation to deliver and the customer from their obligation to pay. F2N IT Solutions GmbH will notify the customer of the impediment and the impossibility without delay.

8.4 The customer may then withdraw from or terminate the contract if F2N IT Solutions GmbH is in default and the customer sets a reasonable grace period in writing, with a warning that they will withdraw from or terminate the contract. Withdrawal and termination require written form. They may only be declared once F2N IT Solutions GmbH has failed to perform within the grace period. If F2N IT Solutions GmbH is in default with the delivery of only part of the products and the customer can use the other products independently of this, the customer is only entitled to a corresponding partial withdrawal from the contract.

8.5 If a significant impediment lasts longer than one week, the customer is entitled to reduce, accordingly, the monthly fees and charges based on a pre-order of traffic-dependent services (allowances) from the time the impediment occurs until the next possible termination date. A significant impediment exists if

1. the customer, for reasons beyond their own responsibility, can no longer access F2N IT Solutions GmbH's infrastructure and can therefore no longer use the services recorded in the contract, or
2. the use of these services as a whole is materially impaired, or the use of individual services recorded in the contract becomes impossible, or comparable restrictions exist.

8.6 No refund of fees is made for service outages due to a fault outside F2N IT Solutions GmbH's area of responsibility. Otherwise, downtime is only reimbursed if F2N IT Solutions GmbH or one of its vicarious agents caused the fault intentionally or through gross negligence, and the outage period extends beyond one business day.

§ 9 Default in payment

9.1 In the event of the customer's default in payment, F2N IT Solutions GmbH is entitled to charge default interest at the statutory rate from that point on, unless F2N IT Solutions GmbH proves a higher interest burden.

9.2 F2N IT Solutions GmbH may terminate the contractual relationship without notice and is entitled to suspend the account if the payment default extends beyond one month and F2N IT Solutions GmbH has issued a reminder. In this case, the customer remains obliged to pay the monthly fees up to the date of termination.

9.3 F2N IT Solutions GmbH reserves the right to assert further claims arising from the default in payment.

§ 10 Availability of the service

F2N IT Solutions GmbH offers its service 24 hours a day, 7 days a week. Necessary service interruptions for preventive maintenance work will be announced as early as possible. F2N IT Solutions GmbH will remedy faults in its technical facilities as quickly as possible within the scope of existing technical and operational possibilities. However, even then, 100% availability of the network or the services, for whatever reason, is not guaranteed.

§ 11 Confidentiality, data protection

11.1 Unless expressly agreed otherwise in writing, information provided to F2N IT Solutions GmbH is not considered confidential.

11.2 The contractual partner is hereby informed that F2N IT Solutions GmbH processes their personal and/or company-related data in machine-readable form for tasks arising from the contract. Details on the processing of personal data can be found in our privacy policy.

11.3 Insofar as F2N IT Solutions GmbH engages third parties to provide the services offered, F2N IT Solutions GmbH is entitled to disclose subscriber data where this is necessary to ensure operations.

11.4 F2N IT Solutions GmbH warrants that all persons it entrusts with carrying out this contract know and observe the relevant data protection regulations in their respectively applicable version. The subscriber, for their part, is not entitled to use F2N IT Solutions GmbH's services to obtain, for themselves or third parties, data and information not intended for them or the third party.

11.5 Insofar as provided for in internationally recognised technical standards and the customer does not object, information about them is made accessible to third parties (directory services).

§ 12 Liability and limitation of liability

12.1 Claims for damages arising from impossibility of performance, breach of duty, fault at the time of contract conclusion, and tort are excluded, both against F2N IT Solutions GmbH and in relation to its vicarious agents, unless there is intent or gross negligence. Liability for breach of material contractual obligations, for injury to life, body or health, and liability under the German Product Liability Act and for guaranteed characteristics remain unaffected.

12.2 F2N IT Solutions GmbH is not liable for damage arising because its services are not provided as a result of force majeure or industrial action (see also § 8). F2N IT Solutions GmbH is not liable for loss of profit or for indirect or consequential damage, whether arising for the customer or for third parties.

12.3 F2N IT Solutions GmbH is not liable for information transmitted via its services, whether as to its completeness, accuracy or currency, nor for it being free of third-party rights, nor for the sender acting unlawfully by transmitting the information.

12.4 Unless other provisions of these terms exclude liability, liability for damage that

1. arises from the use of F2N IT Solutions GmbH's services,
2. arises from the transmission and storage of data by F2N IT Solutions GmbH,
3. arises from the use of transmitted programs and data by F2N IT Solutions GmbH,
4. arises from F2N IT Solutions GmbH's failure to check stored or transmitted data,
5. or arises because required storage or transmission of data by F2N IT Solutions GmbH did not take place,

is limited, in amount, to the proven damage, unless there is intent or gross negligence. Otherwise, F2N IT Solutions GmbH's liability for damage demonstrably suffered by the customer is limited to the amount of one agreed monthly fixed fee.

12.5 The customer is liable for all consequences and disadvantages incurred by F2N IT Solutions GmbH or third parties as a result of misuse or unlawful use of F2N IT Solutions GmbH's services, or as a result of the customer failing to meet their other obligations.

§ 13 Final provisions

13.1 The place of performance is Landshut, Federal Republic of Germany. Insofar as such a jurisdiction agreement is permissible, the exclusive place of jurisdiction for all claims arising from and in connection with contracts concluded on the basis of these terms and conditions, including actions on cheques and bills of exchange as well as any disputes between the parties concerning the formation of the contract, is Landshut.

13.2 Contracts concluded on the basis of these terms and conditions are governed exclusively by the law of the Federal Republic of Germany.

13.3 The customer's legal successors are also bound by the obligations arising from contracts concluded on the basis of these terms and conditions.

13.4 Should any provision of this agreement be or become invalid, this does not affect the validity of the remaining provisions. Instead, the parties shall agree a replacement provision in place of the invalid one that comes as close as possible to the purpose of the agreement, one which the parties would have agreed in order to achieve the same economic outcome had they known of the invalidity of the provision. The same applies accordingly to any gaps in the provisions.