§1 Subject matter of the contract
1.1 The subject of the contract is the regulation of Q.wiki Now! Hosting (§2) and the support times and communication channels (§3). The following general terms and conditions of contract shall apply to the execution of the contract and the contractual relationship between Modell Aachen GmbH and the customer in connection with the provision of services. Deviating, conflicting or supplementary general terms and conditions shall not become part of the contract, unless their validity is expressly agreed to by Modell Aachen GmbH.
1.2 Conclusion of contract: You can compile an individual order via the website of Modell Aachen GmbH or in coordination with the sales department of Modell Aachen GmbH. In this order, the contractual data of your company, in particular the address, contact person as well as the number of users shall be stated. Based on this information Modell Aachen GmbH will generate an offer and send it to you for examination and binding order. The contract is concluded by a written confirmation on your part.
§2 Q.wiki Hosting
2.1 With the Q.wiki Now! Hosting on a Modell Aachen GmbH server, the maintenance of the Q.wiki is also ensured.
2.2 The costs for the Q.wiki Now! Hosting are based on the number of users. The number of users shall be determined exclusively in increments of ten. The number of users is determined during the ordering process.
§3 Support times and communication channels
3.1 The support hours of Modell Aachen GmbH are Monday to Friday from 9:00 to 17:00. Excluded are national holidays as well as public holidays in NRW.
3.2 Support and service requests to Modell Aachen GmbH shall be submitted via the service portal integrated in Q.wiki. Alternatively, support and service requests can also be sent by email to support@modell-aachen.de. Feedback and suggestions can be given at any time free of charge via feedback@modell-aachen.de.
§4 Billing
4.1 The hosting fees will be invoiced at the beginning of each month.
4.2 All prices shall be subject to the addition of the applicable statutory value-added tax, insofar as value-added tax is payable. The term of payment of Modell Aachen GmbH shall be 14 days.
§5 Limitations of liability
5.1 The following provisions shall apply to all legal and contractual claims for damages and reimbursement of expenses of Modell Aachen GmbH:
5.1.1 In the event of negligent breaches of duty, the liability of Modell Aachen GmbH shall in principle be limited in total to the order value as it results for the current contract year as the sum of all remuneration components.
5.1.2 In all other respects Modell Aachen GmbH shall not be liable for the breach of non-essential contractual obligations, whether intentional or due to gross negligence. Material contractual obligations are abstractly such obligations, the fulfillment of which enables the proper execution of a contract in the first place and on the compliance with which the contracting parties may regularly rely.
5.2 The limitations of liability in Section 5.1 shall not apply to claims based on intent and gross negligence, in the event of injury to life, limb or health, in the event of fraudulent intent, insofar as the Product Liability Act applies and in the event of a guarantee promise, insofar as nothing to the contrary is regulated with regard to the latter.
§6 Data Protection, Secrecy
In order to comply with legal requirements, in particular the EU General Data Protection Regulation, the parties shall conclude a separate agreement on order processing.
§7 Term of Contract, Termination
7.1 The term of the contract is unlimited. Notice of termination or amendments shall be given to the respective party in writing with a notice period of three months. Unless otherwise agreed, the term of the contract shall commence at the beginning of the month following the month of commissioning. The customer data of the Q.wiki Now! can be provided for a lump sum of 250 Euros.
7.2 Modell Aachen GmbH reserves the right to adapt these contractual terms and conditions as far as the customers are not unreasonably disadvantaged by such contractual changes. Modell Aachen GmbH shall announce any changes at least two weeks in advance. If the customer does not agree with the changes, he may declare the extraordinary termination within this period.
§8 Final Provisions
8.1 Modell Aachen GmbH reserves the right to review the number of Q.wiki users.
8.2 Unless otherwise agreed, the limitation period for claims for material defects and defects of title shall generally be 12 months. Deviating from this, claims shall become time-barred within the regular limitation period if Modell Aachen GmbH has fraudulently concealed the defect. In this case, however, the limitation period shall not end before the periods according to sentence 1.
8.3 The law of the Federal Republic of Germany shall apply to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
8.4 Unless otherwise provided, contractual notices and declarations shall be made at least in text form.
8.5 The place of jurisdiction shall be Aachen.