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General Terms and Conditions in the Version of September 18, 2007
Remark: This is a translation of our German "General Terms and Conditions". In case of a legal procedure the German version will always be decisive.
- Application of general terms and conditions
The general terms and conditions apply for services of simon consulting gmbh under the brand names "simonews".
- Legal domicile
As long as the customer is consumer in the sense of KSCHG, the competence of the court is based in Sprengel, where the customer’s residence, the general residence or the residence of employment is located.
In all other cases the competence of the court is Graz.
- Manifestation of the contract
The contract relation between the contract partners is achieved when simon consulting, after receiving the order or application, actually starts providing services (e. g. notification of user login/password and activation of account).
- Prices
If not mentioned differently, prices indicated are understood as daily gross prices including sales tax.
Transfer data capacity mentioned in the price lists which are not used by the customer expire at the end of the billing month.
- Payment
Payments can be made in the following forms: VISA credit card, MasterCard credit card, paying by invoice, debit authorization, payment before purchase, PayPal.
simon consulting is authorized to offer only selective methods of payment to customers from certain countries or to customers with a high average credit risk.
- Protection of Privacy
Contract information is saved for billing and accounting, and compliance of contract and is accessible at any time by the customer upon each login.
Customer information is not distributed to third parties, except if this is necessary for compliance of contract or collection of payment (likewise partner enterprises abide the privacy act).
- Language and Currency
The language of the contract, order and business is German. Upon a customer’s request communication can also take place in English.
Billing for all services will be charged in Euros. Display of other currencies to the customer is for information only and without commitment.
- Contact
The preferable method of contact to obtain information, to complain, obtain data information, aso is via email to: support@simonews.com or via the address mentioned on our website under Contact / Imprint
- Ombudsman
simon consulting recognizes the Internet Ombudsmann as the extra-judicial authority to settle disputes:
Internet Ombudsman, Margaretenstr. 70/2/10, 1050 Vienna, www.ombudsmann.at.
- Warranty
Warranty follows the legal regulations. - Right of termination
The right of termination according to the law of Fernabsatzgesetz does not apply, since the implementation of services of simon consulting has already begun during the cancellation deadline. - Terms of cancellation; extension of contract
- Subscription-contracts
- Subscriptions can be contracted for the period of 1, 3, 6 or 12 months. After the expiration of subscription, subscription will be renewed automatically for the same period originally agreed upon. Subscribers or simon consulting can cancel subscriptions as early as 14 days before expiration and up to one day prior to the expiration date.
- Contracts for one time payments
- These contracts are available for the period of 1, 3, 6 or 12 months and will not be extended. Early cancellation is not possible.
- Interruption of services and cancellation of contract in case of delayed payment
The compliance of payment deadlines is an essential condition for execution of services through simon consulting. simon consulting is entitled to promptly terminate services and immediately cancel contracts in case of delayed payment after a written or electronic payment reminder failed and after an additional period of 2 weeks and a threat of interruption of the contract. - Other reasons to interrupt, modify and cancel services
furthermore simon consulting is entitled to immediately cancel a contract or interrupt or modify or deactivate services, if the customer’s attitude or of people ascribed are unacceptable for a continuation of the contract relation, in specific if the customer violates
- his obligations according to point 16 to 18
- or non-observance of the "Netiquette".
The decision whether cancellation of contract on one side or interruption, modification or deactivation of services on the other side takes effect is to the arbitrary discretion of simon consulting.
- Fees and compensation in case of cancellation of contract
Any cases which are followed by the immediate cancellation of the contract or interruption or deactivation of services, and are due to the customer’s sphere, are leaving unaffected any claims in terms of fees agreed upon by contract with simon consulting for the remaining period of contract up to the cancellation deadline as well as any raising of claims for compensation. - Accessibility for minors
The customer is obliged not to allow access to the Internet to persons below the age of 18 years, or to allow access under the supervision of a legal guardian. - Prohibition of any abuse of services
The customer is obliged in general not to use legal services in any way which lead to the harm of third parties or endanger security or operation of simon consulting or others. The following therefore are prohibited: specific unwanted advertising and spamming or any use of the services to spread threats, obscenities, or lead to the damage of other Internet participants; further, if the customer shows, compared to other customers, a high proportional data transfer or lets news server accounts be multi-used and/or those show a high proportional data.
In case of any compensation the customer is also obliged to immediately and fully inform simon consulting, if this utilizes from the contractual services of judicial or extra-judicial claims. simon consulting herewith can claim refund and recoup.
- Copyright
The customer is obliged not to post, to download or to store through our services any kind of copyrighted material without proper permission from the copyright owner.
- Disclaimer of liability in case of certain disorders.
simon consulting operates its offered services under the aspect of highest accuracy, reliability and availability. Due to technical reasons it is not possible that these services are available without interruption, that the needed connection can be established or that the stored data under all circumstances can be preserved. The permanent availability of the transmission highways and therefore services of simon consulting related to this cannot be guaranteed and are beyond the reach of control of simon consulting. IP-connectivity to different net carriers are subject to feasibility. Any liability towards problems caused by third party net users is excluded. Usage of different nets is subject to limitations in regards to the usage of the carrier (Acceptable Use Policy). simon consulting reserves the rights to limit capacity, end users limitations are only acceptable if they are reasonable, objective and justified and due to reasons independent from simon consulting. In case of higher powers, strike, limitation of efficiency towards other net users or repairs and maintenance limitations or interruption in availability of internet services can occur. simon consulting is not liable for such failure, if it was not caused deliberately or through highly careless means. In general terms of liability, this disclaimer applies. Warranty claims of customers remain unaffected. In the case of unreasonable limitations, the customer’s right of cancellation of contract remains unaffected based on significant reasons. simon consulting is not responsible for any kind of any content transmitted, to transmit or to be intended to transmit via the Internet or is already available. simon consulting is not responsible for any kind of lost of data, in terms of the customer this means that simon consulting did not cause the loss deliberately or carelessly. Furthermore simon consulting is not responsible for data from the Internet required by customers or for received emails (nor for any kind of possible viruses enclosed), as well it is not responsible for third party service providers, even though the connection occurred through a link from the simon consulting homepage or via information provided by simon consulting. The customer acknowledges that the usage of the Internet might be a matter of insecurities (e.g. viruses, Trojan horses, hacking, aso). simon consulting is not responsible for any damage and expenditures related to this and are due to the customer.
- Disclaimer of liabilities
Liability of simon consulting in regards to light negligence and as well as consequential damages and lost gains are generally excluded. At variance for the customer, it means: liability of simon consulting in regards to light negligence, except in case of damage to persons, are excluded.
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