§1 Subject matter of the contract
1.1 The subject of the contract is the regulation of the Q.wiki Now! Hosting (§2) and the support services (§3). For the execution of the contract and the contractual relationship between Modell Aachen GmbH and the customer in connection with the service provision the following general terms and conditions of contract apply. Deviating, conflicting or supplementary general terms and conditions of business do not become part of the contract, unless their validity is expressly agreed by Modell Aachen GmbH.
1.2 Conclusion of contract: Via the Internet site of Modell Aachen GmbH or in coordination with the sales department of Modell Aachen GmbH you can compile an individual order. In this order, the contract data of your company, in particular the address, contact person as well as the number of users must be indicated. Based on these data, Modell Aachen GmbH generates an offer and sends 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 server of Modell Aachen GmbH also ensures the maintenance of the Q.wiki.
2.2 The costs for the Q.wiki Now! Hosting are based on the number of users. The number of users is to be determined exclusively in steps of ten. The number of users is determined within the scope of the order process. A one-time fee of 250 Euro is charged for setting up Q.wiki Now!
§3 Support services
3.1 All services rendered to the customer are generally invoiced. At the beginning of a service request, the customer is asked to state the name and company to which the service request is to be booked.
3.2 The support hours of Modell Aachen GmbH are Monday to Friday from 9:00 am to 5:00 pm. Excluded are national holidays and public holidays in NRW.
3.3 The support services are charged as a service according to the actual time spent. The customer can purchase service budgets defined in advance. If no service budget has been booked or the booked service budgets have been used up, Modell Aachen GmbH bills the services at the general rate of 2.50€/minute or 3.00€/minute in Switzerland. The booking of a new service budget requires the text form and has to be done before the services which are to be charged with this budget are used.
§4 Accounting, Reporting and Travel Expenses
4.1 The hosting fees are invoiced at the beginning of each month. Support services shall be invoiced at the minute rate at the end of each month. The costs for a selected service budget become due upon booking.
4.2 Support services provided are reported monthly by Modell Aachen GmbH in the form of performance reports to the Q.wiki contact person on the side of the customer. The performance report also informs about the current residual value of the service budget, if it has been booked. Furthermore, the customer is not informed by Modell Aachen GmbH about possibly used budgets.
4.3 If the customer wishes to travel, the travel costs will be invoiced separately according to the following flat rates: 40 ct/km calculated from the place of business of Modell Aachen GmbH; 80 €/overnight stay (in large cities 120 €) or 150 €/night stay in Switzerland, if hotel booking and billing are not taken over by the customer; half of the net travel time will be credited as working time.
4.4 All prices are quoted exclusive of the applicable statutory value added tax, insofar as a sales tax liability exists. The payment term of Modell Aachen GmbH is 14 days.
§5 Communication channels
Support and service requests to Modell Aachen GmbH are possible via support [at] modell-aachen.de or via the support hotline +49 241 9975 3160. Feedback and suggestions can be given at any time via feedback [at] modell-aachen.de.
§6 Limitation of liability
6.1 The following regulations apply to all legal and contractual claims for damages and reimbursement of expenses of Modell Aachen GmbH:
6.1.1 In case of negligent breaches of duty, the liability of Modell Aachen GmbH is generally limited to the order value as it results for the current contractual year as the sum of all remuneration components.
6.1.2 Furthermore, Modell Aachen GmbH is not liable for the neither intentional nor grossly negligent violation of non-essential contractual obligations. Essential contractual obligations are abstractly such obligations, the fulfillment of which makes the proper execution of a contract possible in the first place and on the observance of which the contractual parties may regularly rely.
6.2 The limitations of liability of number 6.1 do not apply to claims due to intent and gross negligence, in case of injury of life, body or health, in case of fraudulent intent, as far as the product liability law is applicable as well as in case of a guarantee promise, as far as nothing else is regulated concerning the latter.
§7 Data protection, secrecy
In order to comply with legal requirements, in particular the EU data protection basic regulation, the parties conclude a separate agreement on the processing of orders.
§8 Term of contract, termination
8.1 The term of the contract is unlimited. Terminations or changes must be notified in writing to the respective party 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 in which the order was placed. Services provided before the official contract period begins will be booked as service costs. The customer data of Q.wiki Now! can be provided for a flat rate of 250 Euro.
8.2 Modell Aachen GmbH reserves the right to adjust these contract conditions as far as the customers are not unreasonably disadvantaged by such contract changes. Modell Aachen GmbH will announce every change at least two weeks in advance. If the customer does not agree with the changes, he can declare extraordinary termination within this period.
§9 Final provisions
9.1 Modell Aachen GmbH reserves the right to check the number of Q.wiki users.
9.2 Unless otherwise agreed, the limitation period for claims for material defects and defects of title is generally 12 months. Deviating from this, the claims become time-barred in the regular period of limitation if Modell Aachen GmbH has maliciously concealed the defect. In this case, however, the period of limitation does not end before the periods according to sentence 1.
9.3 The law of the Federal Republic of Germany is applicable under exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
9.4 Unless otherwise provided, contractual notices and declarations must be made at least in text form.
9.5 Place of jurisdiction is Aachen.