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
1.1 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 (general information concerning the data protection at epoq you can find here).
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.
2.1 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.
3.1 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.
4.1 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.
5.1 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.
ll 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.
7.1 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.
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.
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