§1 Subject matter of the contract
1.1 The subject matter of the contract is the provision of Q.wiki Now! Hosting (§2) and the service (§3). The following general terms and conditions 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 are not part of the contract, unless their validity is expressly agreed 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 contract data for your company, in particular the address, contact person, billing period and the number of users must be specified. Based on this information, Modell Aachen GmbH will generate an offer and send it to you for checking and binding ordering. The contract is concluded by a written confirmation from you.
§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 Q.wiki Now! Hosting are based on the number of users. The number of users is to be determined exclusively in increments of ten. The number of users is determined for the first time during the ordering process.
3.1 The service hours of Modell Aachen GmbH are Mondays to Fridays from 9:00 to 17:00. National holidays and public holidays in NRW are excluded.
3.2 Service requests to Modell Aachen GmbH must be submitted via the service portal integrated in Q.wiki. Alternatively, service requests can also be sent by email to email@example.com. Feedback and suggestions can be provided free of charge at any time via firstname.lastname@example.org.
3.3 The service of Modell Aachen GmbH is free of charge for Q.wiki customers.
4.1 The hosting fees are billed either monthly or annually at the beginning of each billing period.
4.2 All prices are subject to the applicable statutory value added tax, insofar as VAT is payable. The payment term of Modell Aachen GmbH is 14 days.
§5 Limitations of liability
5.1 The following provisions apply to all statutory 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 is generally limited to the order value, as it results from the last 12 months as the sum of all remuneration components.
5.1.2 Furthermore, Modell Aachen GmbH is not liable for the neither intentional nor grossly negligent breach of non-essential contractual obligations. Essential contractual obligations are abstractly such obligations, the fulfillment of which enables the proper execution of a contract in the first place and on whose compliance the contracting parties may regularly rely.
5.2 The limitations of liability in section 5.1 do not apply to claims for intent and gross negligence, injury to life, limb or health, fraudulent intent, insofar as the Product Liability Act applies and in the case of a guarantee promise, unless otherwise regulated with regard to the latter.
§6 Data Protection, confidentiality
In order to fulfill legal requirements, in particular the EU General Data Protection Regulation, the parties conclude a separate agreement on order processing.
§7 Rate Limiting & Availability
7.1 The guaranteed monthly availability of Q.wiki Now! is 99.5% (measured in EMEA).
7.2 Excluded from the availability are periods of planned, announced maintenance or outages due to force majeure, third parties or the customer himself.
7.3 In the event of a shortfall in availability, an informal written request for compensation can be submitted within 30 days. The customer will then receive a credit note of 10% of the monthly software costs on the next invoice.
7.4 To protect the customer, access to Q.wiki Now! is limited to five times the average human use of Q.wiki. Exceeding this limit is automatically prevented (error code "429" is displayed).
§8 Term of Contract, Termination
8.1 The term of the contract is unlimited. Cancellations or changes must be notified to the respective party in writing with one month's notice to the end of the billing period. Unless otherwise agreed, the contract term shall commence at the beginning of the month following the month of commissioning. The customer data of Q.wiki Now! can be provided for a lump sum of 250 euros.
8.2 Modell Aachen GmbH reserves the right to adapt these contractual conditions, provided that the customers are not unreasonably disadvantaged by such contractual changes. Modell Aachen GmbH will announce any changes 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 review the number of Q.wiki users.
9.2 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.
9.3 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).
9.4 Unless otherwise provided, contractual notices and declarations shall be made at least in text form.
9.5 The place of jurisdiction is Aachen.