for service contracts from the eitieCloud brand portfolio
- version RV20220201
- date of publication: 01.02.2022
- Die deutsche Version finden Sie hier: https://eitiecloud.de/rahmenvereinbarungen
§ 1 Preamble
The agreement regulates the use of CIS services by the customer against payment. The General Terms and Conditions of CIS for Internet Providing are an integral part of this Agreement and were available to the customer at the time of signing this User Agreement. The customer agrees to their validity.
§ 2 Preliminary remarks
All prices listed in this contract are exclusive of the currently applicable value added tax in Germany of 19 %.
For the provision of all hosting, cloud and data centre solutions, the customer is provided with a redundant 100Mbit/s connection. Should both 100Mbit/s lines fail, a backup line with 10MBit/s is available. The connection on the client side is not included. A line with sufficient bandwidth is assumed to be obligatory for the provision of services.
CIS undertakes to provide the Hosted Environment in a condition corresponding to the contractual use and to maintain it in this condition during the term of the contract. The warranty liability under tenancy law for initial defects pursuant to Section 536d of the German Civil Code (BGB) is excluded, since CIS as the operator of the Hosted Environment has no influence on errors in the installed software. Support in the elimination of software errors is not part of this obligation. Unless separately agreed, the installation of software updates shall be carried out remotely and invoiced accordingly. Any service quota shall be used.
§ 3 Service description
The service description depends on the commissioned service and is listed in the respective service contract.
§ 4 Administrative permissions of the customer
If desired, the customer has the option of obtaining administrative rights on the server provided for him on a dedicated basis. He can be given administrative rights on his terminal server, his dedicated application servers, his databases or database instances or public folders.
Restricted access to the user account administration (e.g. for access rights to files, folders, public folders or printers) can also be set up for the customer. The customer orders this in writing from CIS. The customer thereby agrees to partially restrict CIS in its liability for areas which can be administered by customers.
Example: Administrative rights involve risks, as there are dependencies between hardware and software, between different software products and between operating system configuration, software and/or hardware. Administrative actions by the customer can therefore cause side effects for which CIS cannot be held liable.
Both sides rely on a cooperative partnership. This applies to both changes and troubleshooting. If a fault cannot be rectified within the desired time and effort, the servers will be reset to the last known working status from the corresponding backup.
CIS will, irrespective of responsibility and cause, always assist the customer in finding and rectifying any error that may have occurred. If an error has been generated directly or indirectly by a customer, CIS will charge for the effort incurred to rectify the error. Technically, scenarios are conceivable in which it is not clearly traceable whether a system error has occurred due to the administrative action of the customer or due to other influences. In this case, CIS will charge half of the effort after consultation with the customer.
The customer shall refrain from using network and system tools without first discussing them with CIS. The customer has the technical possibility to install or uninstall programs. However, he shall discuss such activities with CIS before they are carried out.
§ 5 Accessibility
Access to the terminal server
- Within the eitieCloud network, access is via an encrypted tunnel to the CIS data centre via port 3389.
- Outside the eitieCloud network, access is via terminal server gateway via port 443 (HTTPS).
Access to the Microsoft Exchange server
- Both inside and outside the eitie network, access to the Exchange server is via “RPC over HTTPS” using port 443. Access via HTTP (port 80) is automatically redirected to port 443.
- The printers in the local eitie network communicate with the print server of the hosting environment via port 9100.
§ 6 Changes / adaptations to the eitieCloud operating plattform
Any modification or adaptation of the operating platform requires an order in writing.
Updates for running programmes and operating systems that can be installed on the existing operating platform are included. Necessary programme and operating system upgrades which require a new installation within the existing operating platform or the new installation of the operating platform itself (e.g. further/different application servers or manufacturer-related upgrades of the existing server operating systems, discontinuation of existing systems) shall be charged by CIS on a time and material basis.
§ 7 Provisioning of hardware
The hardware provided in the course of the contractual relationship shall remain the property of CIS. CIS reserves the right to purchase or lease the provided hardware from the hardware manufacturer or from a third party supplier.
The customer shall allow CIS, the hardware manufacturer and their vicarious agents physical and/or logical access to the server environment in order to carry out the following activities, for example:
- Repair after hardware defect
- Exchange of the devices
- Maintenance of the devices
- Retrieval of the devices at the time of replacement or at the end of the contract.
CIS will give prior notice of access-related impairments to the customer’s IT environment and coordinate a date with the customer. Hardware will be provided with a next business day repair or replacement service. The customer agrees to support the physical and logical access necessary to comply with this service level agreement.The hardware provided shall only be used by the customer at the contractually agreed location. Any relocation of the hardware shall be agreed with CIS and recorded in an amendment to the contract.
In the event of the customer’s inability to pay or non-payment of invoices, CIS reserves the right to retrieve its hardware. In this case, the user data shall be made available to the customer on a data carrier provided by the customer. Other dates shall be coordinated by CIS with the customer as soon as possible, but no later than 5 working days in advance.
§ 8 Microsoft-Licenses
The Microsoft system licences provided are made available on the server systems of CIS in accordance with the Microsoft SPLA licence model. The costs for this are included in the corresponding user flat rates.
A mixture of SPLA licences with Microsoft licences purchased by the customer is not possible according to the Microsoft SPLA usage rights “SPUR”. Customer represents and warrants that it is not infringing any other Microsoft licence rights by providing Microsoft licences. The Customer further confirms that it has been advised by CIS of the correct use of the licences provided under licensing law.
When using user-related Microsoft licences (as opposed to device-related licences), Microsoft’s “multiplex user” regulation must be observed. If several employees work with the same user account (e.g. shift work), CIS must be informed of the individual employees so that they can be correctly reported and charged for the SPLA licence. Multiple use of a user licence is not permitted, even though it would be technically possible. Unless otherwise communicated, CIS assumes that a function user is used in 3‑shift operation. If a different arrangement is made at the customer’s premises, the customer shall inform CIS of this.
§ 9 Content
The customer is obligated not to introduce any content that violates legal regulations, the personal rights and property rights of third parties or morality. In particular, he shall observe the data protection regulations for the benefit of the users. Furthermore, he shall prevent the spread of viruses and refrain from placing an excessive load on the networks through the untargeted and improper dissemination of data.
The customer shall ensure that his programs used on a server of CIS are not afflicted with errors which could interfere with the provision of services by CIS. In the event of a breach of these obligations, CIS shall be entitled to exclude the customer network and/or the sub-areas causing the disruptions from operation in the CIS DataCenter. The exclusion or the blocking shall not result in the loss of the remuneration claims on the part of CIS. The customer will be informed immediately.
CIS reserves the right to block legally questionable content.
If the customer is responsible for the breach of duty, he shall be obliged to compensate CIS for the damage arising from the breach of duty or to indemnify CIS against liability. Liability shall be limited to 10% of the agreed annual net value, but not more than € 10,000.00.
§ 10 Billing and remuneration
The fee to be paid by the customer consists of:
- fixed charges
- usage-dependent variable charges
- other one-off and ongoing costs
The fixed charges cover those services which are shown in the annexes to this contract with a flat rate or basic charge. The amount of these fixed charges is set out in the Annexes to this contract. The use-dependent variable charges are shown in the table in the respective annexes. Other one-off or ongoing costs may result from additional or special agreements.
CIS shall charge a surcharge of 50 % on weekdays and 100 % on weekends and public holidays for the use of any services outside the standard operating hours. CIS reserves the right to adjust the conditions agreed in the Annexes to this Contract in accordance with the consumer price index of the Federal Statistical Office of Germany (index January 2009: 106.3). The customer shall be notified of this 3 months in advance.
In principle, invoicing shall take place at the beginning of each month with a due date of 10 days after invoicing. Proportionate fees for a performance period which lies before the beginning of the first full calculation period will be invoiced together with the fees for the first full calculation period. As long as the customer is in arrears with payments, CIS reserves the right to refuse to fulfil further performance obligations arising from the business relationship. The possibility of asserting further claims by CIS shall remain unaffected. If an individual order so provides, CIS shall give advance notice of a refusal to perform.
CIS shall charge interest on arrears at a rate of 10 % p.a. above the respective current ECB base rate, but at least at a rate of 12 % p.a., unless the customer proves that CIS has suffered a lesser loss. CIS reserves the right in individual cases to assert a higher interest loss actually incurred.
§ 11 Term of the contract, termination of the contract
The framework agreement is valid as soon as both the framework agreement itself and the first service agreement have been signed by both contracting parties. The framework agreement becomes valid with the start of the first service agreement and loses its validity with the termination or end of the contractual term of the last existing service agreement.
The timely receipt of the notice of termination by the respective other contracting party at the address or otherwise notified in writing shall be decisive for compliance with the notice periods. The individual service agreements may be terminated without notice by either of the contracting parties for good cause. Good cause shall be deemed to exist if one party cannot reasonably be expected to continue the contract for reasons for which the other party is responsible and the other party fails to remedy the respective reason despite and after a warning.
Price changes as well as price adjustments due to exchange rates within the scope of fee changes and fee adjustments of private-law, public-law or other monopolistic services as well as rental licensors passed on to the customer do not entitle the customer to terminate the contract. Extensions can be ordered independently of each other and have a minimum term of 12 months, but no longer than the termination of the basic package. Extensions can be terminated annually in writing with a notice period of 3 months to the end of the contract year.
The set-up time for the provision of an upgrade is usually at least three working days, depending on the scope of the extension. User data are the property of the customer. After termination, the data is made available for download in encrypted form (e.g. Zip). Optionally, the user data can be provided on a data carrier. The provision of data is charged according to the time and effort involved. The user data will be made available after the end of the contract and settlement of all invoices.
§ 12 Liability
CIS shall always be liable to the customer for damage caused by it and its legal representatives or vicarious agents intentionally or through gross negligence, under the Product Liability Act and for damage resulting from injury to life, limb or health for which CIS, its legal representatives or vicarious agents are responsible.
CIS shall not be liable for slight negligence unless CIS itself has breached a material contractual obligation (cardinal obligation). In the case of damage to property and financial loss, this liability shall be limited to the foreseeable damage typical of the contract. Liability for loss of profit, loss of savings, interruption of operations and for other consequential damage caused by a defect shall be excluded. For a single case of damage and per contractual year, liability is limited to 10% of the agreed annual net value, but not more than € 10,000. Upon conclusion of the contract, the parties may agree on a more extensive liability per case of damage or per contract year against separate remuneration. The liability according to para. 1 remains unaffected by this clause.
CIS shall only be liable under a guarantee for the damage expressly assumed in the guarantee. Claims for damages shall become statute-barred within 24 months from the statutory commencement of the limitation period. The statutory periods shall remain unaffected in the event of a wilful or grossly negligent breach of duty by CIS and in cases of injury to life, limb or health.
The above paragraphs shall apply mutatis mutandis to claims for reimbursement of expenses and other liability claims of the customer against CIS. Insofar as any damage is attributable to events within the scope of the Line Provider, the same provisions and, in particular, the same limitations of liability and exclusions of liability shall apply — insofar as possible — to CIS’s liability towards the Customer as apply between the Line Provider and CIS.
CIS shall not be liable to the customer for ensuring that the information transmitted via its communication infrastructure is up-to-date and correct. Furthermore, no liability is assumed by CIS for the data transmitted and/or sent being free of third party rights, nor for the sender sending data and/or other information lawfully.
§ 13 Service Level
CIS works with redundant hardware. Servers, storage, firewalls, routers, NAS systems and the connection to the outside are all redundant. Last year, the server systems were at least 99.98% available on a quarterly average. CIS is constantly striving to further improve availability and to establish new technologies with shorter downtimes in the event of a defect.
CIS service staff are regularly trained in the technologies used and are competent contacts for customers with broad knowledge in the fields of “Microsoft servers”, “Cisco networks”, “server hardware” and “virtualisation with VMware”.
§ 13.1 Standard office hours
|Monday – Friday||8:00 a.m. – 5:00 p.m. (CET, datacenter location)|
|Saturday, Sunday||no operating hours|
|Public holidays in Germany||no operating hours|
|Erweiterte Hotline (to be ordered separately)|
|Monday – Sunday||
8:00 a.m. – 10:00 Uhr (CET, datacenter location)
§ 13.2 Availability
In the standard version, CIS grants an availability of 98.5% for each hosted server with a provision of 24 hours on all days of the year. The calculation of the availability refers to a quarterly period. Higher availability guarantees can be technically realised for an additional charge.
1 quarter corresponds to 91 days
Of these, at least 98.5 % are available. This corresponds to 89.64 days
The availability of the hosting solutions provided to the customer is guaranteed by CIS up to the transfer point into the public network (router output of the data centre).
For the hardware provided to the customer, if applicable, a response time for hardware and software errors “on the next working day” is guaranteed. Errors which are not attributable to the scope of performance of CIS, such as force majeure (natural disasters, war, civil war, lockout etc.) fault of the customer or his vicarious agents shall not be declared as downtimes or delays in delivery and performance.
The customer shall be provided with a web portal via which he can call up the availability information including traffic evaluations. Downtimes agreed with the customer for reorganisation, migration, upgrade and point-in-time recovery within the specified operating hours are not declared as downtimes. The measurement of downtime in the event of a malfunction shall begin with the receipt of the report by CIS from the Customer or with the detection of the malfunction within the scope of the monitoring carried out by CIS and shall end with the resumption of operation by CIS. The downtimes are determined electronically at the hotline, logged in a database and documented by the administrators in the data centre.
§ 13.3 Maintenance windows
Plannable maintenance, conversions, extensions, changes, etc. of the entire data centre operation shall be carried out by CIS outside the operating hours if possible and, if possible, without disrupting the regular operation of the system landscape. Possible disruptions, such as conditional or interrupted system availability or restricted functionality, shall be agreed with the customer in advance.
The Client and the Contractor shall work together to agree on a recurring maintenance window. This should take place at least once per month to install and integrate security and functionality updates. Both parties agree that this maintenance window may result in downtimes (unavailability of servers and/or server and/or cloud services) for the Client and its employees. The associated EDP downtime is not taken into account in the calculation of the overall availability of the system, as this is scheduled maintenance.
CIS shall provide the customer with a support hotline. The telephone and fax numbers as well as the e‑mail address of the hotline shall be sent to the customer in a separate information letter. The customer shall notify any malfunctions of CIS services exclusively to the hotline, stating the details required for the elimination of the malfunction.
§ 13.5 Contractual penalties / fines
If CIS culpably falls short of an availability promised in this Contract, CIS shall grant the Customer a credit for the unavailable service in the following amount:
of the permissible unavailability *)
|Amount of credit based on one month’s remuneration|
|> 0 %||100 %||0 %|
|> 100 %||250 %||10 %|
|> 250 %||500 %||25 %|
|> 500 %||50 %|
*) The permissible non-availability ( NVmax ) is defined as:
NVmax = 100 % — Vmin (Vmin : Agreed Availability).
The total amount of CIS contractual penalties per year of operation is limited to a maximum of three months’ basic remuneration for the performance complained of.
§ 14 Error categories
CIS carries out fault clearance within the agreed service level. Service failures and error messages are divided into the following four classes:
(1) Critical problems
A critical problem exists if, as a result of a malfunction, the use of a service by the customer is completely interrupted or so substantially impaired that meaningful use is no longer possible. This includes, but is not limited to, system failure (at least 10% of workstations) or access interruptions that require a restart (at least 4 per workstation per day).
(2) Endangering problems
A jeopardising problem exists if, as a result of a disruption, the use of a service by the customer leads to a clearly noticeable drop in the performance of the agreed service. This includes, but is not limited to, software or hardware error messages that significantly impair the use of the respective service.
All other error messages which have more than an insignificant effect on the use of the service shall be deemed to be malfunctions. This includes, for example, faulty initialisation of a workstation or non-runnable data carrier copies.
Causes which do not have a significant effect on the use of the service are deemed to be impairments for which no special remedial times are promised. This includes, for example, general documentation errors and error messages that do not result in any operational restrictions.
§ 14.1 Response/recovery times
The processing of service failures and error messages shall generally take place within the following times:
|Answer call*||120 sec.||120 sec.||120 sec.|
|Recall||60 Min.||120 Min.||240 Min.|
|Redirect||sofort||60 min.||4 Std.|
80 % in 4 h.
90 % in 3 working days
90 % in 7 working days
* In person through customer care or voicemail-box
§ 14.2 Incorrect fault messages
If the customer has reported a malfunction to CIS and if, after an inspection of the technical equipment by CIS, it turns out that the malfunction was not within the sphere of responsibility of CIS, CIS shall be entitled to charge the customer for the expenses incurred, provided it would have been possible and reasonable for the customer to identify the actual cause of the malfunction. The same shall apply if CIS points out to the customer in a fault report that the fault is not within its area of responsibility and the customer orders the fault to be remedied by CIS.
§ 15 Data backup
In order to enable subsequent access to all customer data, CIS performs a backup of the entire hosting environment at the virtualisation level. Excluded from the backup are all forms of temporary directories, the personal desktop background of user accounts and individualisations of user accounts (profiles). The backup is written by NAS drives to hard disks in the same fire section. This backup is encrypted and replicated asynchronously to locally remote NAS drives. In a further, final step, exchange hard drives with encrypted data are stored offline in the safe.
Backup of your data in the CIS data centre: daily at night
Backup of firewalls and routers provided by CIS: monthly at night
§ 15.1 Fuse holding time
CIS is obliged to reconstruct the data as quickly as possible in the event of all server-side failures. Restores are possible for all eitieCloud products in the following periods, unless otherwise agreed upon
- Daily backups are kept for 4 weeks
- Monthly backups are kept for 1 quarter
- Quarterly backups are kept for 1 year
§ 15.2 Restoring the system data (recovery)
Restores can be carried out either in the form of individual files or in the form of complete virtual servers. Within the Exchange server, the restore of individual mailboxes is possible. Within the Microsoft SQL server, the restore of individual database instances is possible.
The costs of restoration for hardware-related failures and for failures caused by CIS personnel shall be borne by CIS. Any downtimes resulting from this shall be declared as downtime.
All subsequent server-side failures caused by:
- Errors in the application software used
- Errors in the database software
- faulty operation by the client’s personnel
- Errors in the client software which has not been released by CIS
are the responsibility of the customer. The resulting restoration of the systems in the CIS data centre shall be subject to a charge. These downtimes, even if they are within the operating hours, shall not be declared as downtime. All recovery activities outside the basic services shall be charged separately.
If there is an agreement on flat-rate IT services or a service quota within the framework of a parallel existing contractual relationship, this shall apply to the recovery of data and server systems of the customer-specific environment, provided that the recovery is technically possible with a usual effort.
The probability of a restoreability in % (V) from any backup over an observation period is calculated depending on the number of the last backup runs of the same type (a) within the observation period according to the following formula:
V = 100 – (100/3)/a
§ 15.3 Set-up times for recoveries
- If the hard disk required for the restore is stored in the locked cabinet of the CIS: 4 hours.
- If the hard disk required for the restore is stored in the bank locker: at least 24 hours, at most during the next but one working day.
§ 16 Data management
The application hosting environment is technically optimised in terms of high availability. In order to exclude server errors, viruses, Trojans and similar disruptive factors, the user interface (desktop, temporary files) is deleted when the user logs off and recreated according to the configuration each time the user logs on to the server.
§ 16.1 Data storage by the customer
The customer saves the productive and archive data to the storage directories provided for this purpose. Persistence and data backup are only guaranteed within these.
The following storage drives are provided for circulation and archive data:
- Network drive as a common storage drive for all employees of the customer
- Network drive created individually for each user. Only for personal access
A drive is provided for programme data and import and export directories.
Access to the drives is technically regulated by access roles on the part of CIS. The customer shall be responsible for defining access to data and programmes within the drives. A list of the user accounts and their desired access to the available directories shall be drawn up in tabular form by the customer and shall be made available to CIS before the start of production.
On the network drives, the authorisation can be individualised two folders deep in each case.
§ 17 Other services
Any services not directly related to the functional operation of the existing environment shall be provided by CIS within the scope of additional services and shall be invoiced at the following conditions according to expenditure. These services include in particular:
- Any configuration changes or expansion of the hosting solution.
- Any installation of software
- The installation of updates which do not affect the operating system or the TS functionality.
- On-site service
§ 17.1 Prices, conditions, articles and positions
Prices from your existing contract are valid regardless of the following items.
In the event that no explicit agreement has been made, the following conditions apply.
In the case of individual commissioning without a service or cloud contract:
- Technical support / IT service by telephone and remote maintenance per 1/4 hour: € 31.00
- Technical support / IT service on site per day flat rate: € 1,195.00
- Individual consulting or advice by telephone and remote maintenance per 1/4 hour: € 41.00
- Individual consulting or advice on site per day flat rate: € 1,565.00
For customers with service or cloud contract:
- Technical support / IT service by telephone and remote maintenance per 1/4 hour: € 26.00
- Technical support / IT service on site per day flat rate: € 1,030.00
- Individual consulting or advice by telephone and remote maintenance per 1/4 hour: € 36.00
- Individual consulting or advice on site per day flat rate: € 1,340.00
These prices can be individually adapted to the needs and circumstances of the client through contingents and flat rates.
Detail zu den in den eitie-Verträgen aufgeführten Positionen werden hier detailliert erläutert:
Position descriptions for eitie products – eitieCloud – Wir betreiben Ihre IT.
§ 17.2 Unplanned on-site assignments and unplanned individual consulting requirements
Please arrange on-site appointments and all forms of consulting and development services with us in advance. If such services are required, we must schedule them. If this is not possible on the client side, we may have to reschedule the existing appointments of our colleagues in the operational business. On the one hand, we cannot therefore guarantee to be able to provide such appointment services, but on the other hand we make it possible as far as possible.
In this case we charge
a surcharge of € 11.00 net per 1/4 hour (work unit).
Examples from the past in which this became necessary (to clarify this section):
- Change of internet connection that was not communicated to us
- Ordering or installing new/different routers from the line provider
- Change of telephone system that necessitates server installations
- Printing solution providers who are “spontaneously in the house” and “now need technical assistance
- Electrician services that have brought about changes in the IT cabling
§ 18 Protection of personal data, data and IT security
If and to the extent that CIS obtains access to personal data of the Customer or its clients in connection with the Services, CIS shall comply with the applicable data protection law. To the extent that the Customer requests in writing information or reports on the data protection operated by CIS or certification in this respect, CIS shall provide these against reasonable reimbursement of costs. If, in addition, CIS processes personal data on behalf of the Customer, the parties shall conclude a separate written commissioned data agreement.
If and to the extent that the Customer requires CIS on the basis of applicable law (e.g. Section 92 (2) of the German Stock Corporation Act (AktG), US Sarbanes-Oxley Act) to introduce or maintain certain data and IT security standards which deviate from the standards practised at CIS, or to submit reports on such standards or certifications in this respect, CIS shall introduce or provide these against reasonable reimbursement of costs. The customer is aware that electronic unencrypted communication (e.g. by email) is fraught with security risks. Therefore, the customer shall not assert any claims related to this type of communication or based on the lack of encryption, unless such encryption has been expressly stipulated in the individual order.
§ 19 Confidentiality agreement
Each contracting party undertakes to keep secret from third parties the content of each individual order, this contract as well as the data and information disclosed or made accessible to it by the other contracting party — in whatever form — before or during the performance agreement, in particular access data, software, technical know-how, technical or business concepts and presentations or other information, irrespective of its content, to keep them secret from third parties, to use them only for the purposes of the relevant individual order and to exploit them — neither in whole nor in part — for its own purposes, in particular to copy or imitate them for commercial purposes, without the express written consent of the other contracting party, and to impose the same obligations on its employees and other third parties coming into contact with them to the extent legally possible.
Par. 1 shall not apply as long as and insofar as such confidential information was already known to the respective recipient beforehand without an obligation to maintain secrecy or is or becomes generally known without the respective recipient being responsible for this or is communicated or provided to the respective recipient by a third party without an obligation to maintain secrecy or has demonstrably been independently developed by the recipient or is to be made accessible to authorities due to legal provisions or has been released in writing for disclosure by the providing contractual partner.
§ 20 Non-solicitation and other conditions
The customer shall refrain from soliciting employees of CIS (directly or via third parties), in particular from submitting offers of employment, for the duration of this contract and for a period of six months after its termination. If the customer breaches this obligation, he shall pay CIS a contractual penalty of € 50,000 per breach. Further claims of CIS shall remain unaffected.
CIS shall be entitled to name the customer as a reference customer on the marketing media used by CIS (e.g. website, flyer). The use of any logos and/or the publication of any press releases shall be mutually agreed between the contracting parties. This contract and each individual order between CIS and the Customer and the conclusion or termination thereof shall be governed by the laws of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods (CISG) shall not apply. The place of jurisdiction for any dispute arising out of or in connection with this contract or an individual order — also in relation to their formation and termination — with a merchant, a legal entity under public law or a special fund under public law shall be the location of the defendant.
Declarations of intent (termination, etc.) and any communication may be made using any available medium (post, fax, email, etc.). However, CIS and the customer are mutually informed that, as a rule, the party invoking the receipt and content of a particular declaration of intent must prove receipt by the other contracting party. This proof can be difficult with various forms (e.g. email) and should therefore be in the form of a “registered letter with advice of receipt”. Changes of address must be notified to the contracting party without delay. The customer may transfer the rights and obligations arising from this contract with CIS to a third party only with the prior written consent of CIS. CIS shall be entitled to the same right under the corresponding conditions. The contractual relations between the contracting parties shall be governed exclusively by German law. The Customer’s legal successors shall also be bound by the obligations arising from this contract. The General Terms and Conditions of CIS for Internet Providing are an integral part of this contract and were available to the customer at the time of signing this User Agreement. The customer agrees to their validity.
§ 21 Declaration of consent
The following agreements shall apply to all contracts concluded with CIS.
Amendments and supplements to all contracts / orders must be agreed in writing. This shall also apply in the event of an amendment to this paragraph. In the event of contradictory contents between these framework agreements and the relevant contract, individual order or similar agreements, the contents of the framework agreement shall be considered subordinate.
Should any provision of this contract or of an individual order be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the contract concerned. In such a case, the contracting parties shall cooperate to find a provision that corresponds to the invalid or unenforceable provision in terms of the economic result. Subject to changes, errors and misprints.
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Unsere allgemeine Datenschutzerklärung
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Für Microsofts Produkte und Lizenzen gelten die „Service-Provider Use Rights“ und das “Data Protection Addendum (DPA)”