Legal information

Privacy

Use of our website is usually possible without providing personal information. As far as on our sides personal data (such as name, address or e-mail address), this is as far as possible on a voluntary basis. These data are not without your express consent.

We point out that data transmission over the Internet (eg when communicating by e-mail) may have security gaps. A complete protection of data against access by third parties is not possible.

The use of the framework of the imprint obligation published contact data by third parties for sending unsolicited advertisements and information materials is hereby expressly excluded. The operators of the pages expressly legal steps in case of unsolicited promotional information, such as spam e-mails.

Web analysis with Wiredminds

We use products of WiredMinds AG (www.wiredminds.de) for marketing and optimization purposes. These products collect and process your personal data and use it to create usage profiles under a pseudonym. These usage profiles are fully anonymized where possible and appropriate. We and WiredMinds employ cookies and/or Web beacons (also known as tracking pixels) on this Web site. We transfer the data we collect about you, which may also include personal data, to WiredMinds or WiredMinds gathers this data directly. WiredMinds is entitled to use information that you leave behind by visiting our Web sites to create anonymized usage profiles. The data collected shall not be used to personally identify visitors to this Web site without the express permission of the party affected and shall not be merged with personal data about the bearer of the pseudonym. Any IP addresses recorded are anonymized immediately by deleting the last number block. Permission to collect and store data in the future may be revoked at any time.

Facebook-Plugins (Like-Button)

Our website uses social plugins (“plugins”) provided by the social network facebook.com, operated by Facebook Inc., 1601 S. California Avenue, Palo Alto, CA 94304, USA (“Facebook”). The plugins are identifiable by a Facebook logo (white letter f on blue background or a thumb up icon) or the notice “Facebook Social Plugin”. For a full list of all social Plugins please seehttp://developers.facebook.com/plugins.
When you visit a page of our website that contains a social plugin, your browser establishes a direct connection to Facebook servers. Facebook directly transfers the plugin content to your browser which embeds the latter into the website, enabling Facebook to receive information about your having accessed the respective page of our website. Thus we have no influence on the data gathered by the plugin and inform you according to our state of knowledge:
The embedded plugins provide Facebook with the information that you have accessed the corresponding page of our website. If you are logged into Facebook, your visit can be assigned to your Facebook account. If you interact with the plugins, for example by clicking “Like”, or entering a comment, the corresponding information is transmitted from your browser directly to Facebook and stored by it. Even if you are not logged into Facebook, there is possibility that the plugins transmits your IP-address to Facebook.
For the information on the purpose and scope of data collection and procession by Facebook, as well as your rights in this respect and settings options for protecting your privacy please visit Facebook’s privacy policy:http://www.facebook.com/policy.php.
If you are a Facebook member and do not want Facebook to connect the data concerning your visit to our website with your member data already stored by Facebook, please log off Facebook before entering our website. Further you can block Facebook social Plugins by using add-ons for your browser, like the “Facebook Blocker“.

Web analysis with Google Analytics

This website uses Google Analytics, a web analysis service of Google Inc. (Google). Google Analytics uses cookies, i.e. text files stored on your computer to enable analysis of website usage by you. Information generated by the cookie about your use of this website is usually transmitted to a Google server in the United States and stored there. In case of activated IP anonymization on this website, however, your IP address is previously truncated by Google within member states of the European Union or in other states which are party to the agreement on the European Economic Area. Only in exceptional cases is a full IP address transmitted to a Google server in the United States and truncated there. On behalf this website’s owner, Google will use this information to evaluate your use of the website, compile reports about website activities, and provide the website’s operator with further services related to website and Internet usage. The IP address sent from your browser as part of Google Analytics is not merged with other data by Google. You can prevent storage of cookies by appropriately setting your browser software; in this case, however, please note that you might not be able to fully use all functions offered by this website. In addition, you can prevent data generated by the cookie and relating to your use of the website (including your IP address) from being collected and processed by Google, by downloading and installing a browser plug-in from the following link: http://tools.google.com/dlpage/gaoptout?hl=en

Source: muster-vorlagen.net

Disclaimer

The authors accept no responsibility for the topicality, correctness, completeness or quality of the information provided. Liability claims against the authors relating to tangible or intangible losses caused by the use or non-use of the information provided or as a result of the use of erroneous and incomplete information, is generally excluded, in so far as there is no demonstrable fault of an intentional or grossly negligent nature on the part of the authors.

In so far as reference is made directly or indirectly to links, which are outside the authors’ sphere of responsibility, the authors shall only be liable if they had knowledge of the content and they would have been technically and reasonably able to prevent the use thereof in the case of illegal content. For any other content and in particular for losses resulting from the use or non-use of the information provided in this way, sole liability shall lie with the provider of the web pages to which reference has been made, and not with the provider of the page that merely contains the reference to the publication in question.

This disclaimer is to be regarded as an integral part of the internet offering of this page. Should any part or individual phrasing of this text not, no longer, or incompletely conform to the prevailing legal position, this shall not affect the content or validity of the remaining parts of the document.

GTC

General Terms and Conditions (GTC)

governing the surrender of use and benefit of epoq products

General Terms and Conditions (GTC) of epoq internet services GmbH (“epoq”) governing the surrender of use and benefit of epoq products as amended in 2013

1. Scope

1.1 epoq is a manufacturer of automated software solutions for optimising customer contact processes.

1.2 Depending on the contractual agreement with the customer, epoq shall license software on specially configured servers for limited periods or on a continuing basis and provide services on the basis of the following GTC. In addition, the provisions of the epoq data protection agreement, which was handed to the customer upon conclusion of the agreement, shall also apply.

1.3 epoq shall not recognise the customer’s conditions where they are contrary to, or vary from, these GTC unless epoq expressly approves their validity in writing.

2. Duties and obligations of the customer

2.1 The customers are under obligation to treat all information concerning epoq’s business processes of which they gain knowledge in the course of the contractual relationship in the strictest confidence. They may not utilise or use the products supplied or services provided by epoq outside of their own business operations, or make them available to third parties, without epoq’s written approval. Similarly, epoq undertakes to treat all business secrets of the customer in confidence.

2.2 If the customer culpably breaches its contractual obligations, it shall in their internal relationship compensate epoq for all losses arising in connection with claims being asserted against epoq by third parties.

3. Terms of payment

3.1 The invoice amounts are due net within 10 days of receiving the invoice. All prices are quoted plus the statutory VAT applicable in each case.

3.2 The customer shall be deemed to be in default if it fails to pay fees within 10 days of receiving an invoice or an equivalent request for payment from epoq.

3.3 In the event of default on the part of the customer, epoq shall be entitled to suspend the contractual services.

4. Term and termination of the agreement

4.1 The agreement is concluded indefinitely, but for at least 12 months. It may be terminated by either party subject to four weeks written notice to the end of the month; for the first time at the end of the twelfth contract month. If the agreement is not terminated it shall be renewed for a further 12 months.

4.2 The contractual relationship may be terminated with immediate effect by either party for good cause.

4.3 Notice of termination must be served in writing.

5. Liability

5.1 Regardless of the legal grounds, epoq shall only be liable in accordance with the following provisions.

5.2 In the event of pecuniary losses caused intentionally or through gross negligence, epoq shall – regardless of the legal grounds – be liable according to the statutory regulations.

5.3 Liability is excluded in cases of slight negligence, unless material contractual obligations (cardinal obligations) were breached. epoq shall in this case be liable only for typical and unforeseeable damage incurred by the customer.

5.4 In the event of slight negligence, epoq shall not be liable for consequential and indirect losses, in particular lost profits.

5.5 The aforementioned limitations of liability shall not affect epoq’s liability in accordance with the Product Liability Act and other compulsory legislation.

5.6 Any exclusion or limitation of epoq’s liability shall also apply in respect of the liability of its salaried staff, workers, employees, representatives and vicarious agents.

5.7 If epoq should fail to provide its products or services within the period agreed, the assertion of claims against epoq shall be excluded in so far as the reasons for the delay and its elimination are beyond epoq’s control or sphere of influence (e.g. industrial disputes, acts of God, unavoidable influence or involvement of third parties).

5.8 epoq shall not accept any liability for the loss of data and/or programmes in so far as the damage is attributable to the fact that the customer failed to perform regular data backups, thus ensuring that lost data may be recovered with justifiable effort and at reasonable expense. Customers shall not be entitled to derive claims for damages against epoq for the inability to use the products/services during downtimes due to necessary maintenance work, unless the damage was caused intentionally by epog or by gross negligence on the part of epoq. epoq shall endeavour to keep downtimes necessitated by maintenance work to a minimum within the scope of existing technical and operational limitations.

5.9 The customer shall be obliged to notify epoq without delay of any damages within the meaning of the aforementioned liability provisions, or to allow such damages to be assessed by epoq, thereby enabling epoq to be informed as early as possible and, where applicable, to take damage mitigation measures together with the customer.

5.10 epoq shall not accept any liability towards the customer for the economic success of the licensed software.

6. Limitation period

All claims against epoq shall lapse within one year of the other party being informed of their occurrence. This shall not apply to liability claims arising from damages caused intentionally. Warranty claims shall lapse within one year following delivery and/or acceptance of the goods or services. However, this assumes that the customer complies with its duty to give notice of defects in due form and time. Obvious defects must be reported immediately following delivery, while hidden defects must be reported immediately following their discovery. In so far as they are mandatory, the limitation provisions of the Telecommunications Act (Telekommunikationsgesetz – TKG) or the Telecommunications Customer Protection Ordinance (Telekommunikations-Kundenschutzverordnung – TKV) shall take precedence.

7. Final provisions

7.1 Where legally permissible, the contracting parties agree that Karlsruhe shall be the place of jurisdiction.

7.2 No oral side agreements exist. Amendments and supplementations to this agreement and these provisions must be in writing. This also applies to a waiver of the above written form requirement.

7.3 In the event of a provision of this agreement and/or of these terms and conditions being null and void, either in whole or in part, this shall not affect the validity of the remaining provisions hereof. In this case, the parties shall undertake to replace the invalid provision with a valid provision coming as close as possible to the economic purpose of the invalid provision taking into account their mutual interests.

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