Terms of Service
1. scope of application
1.1 cubos Internet GmbH (hereinafter referred to as “cubos”) provides deliveries and services to GroupAlarm.com exclusively on the basis of these terms and conditions.
1.2 We do not accept any terms and conditions of the customer that deviate from these terms and conditions in whole or in part, unless we have explicitly agreed to them in writing. Our terms and conditions shall also apply exclusively if we provide our services without reservation in the knowledge of conflicting terms and conditions of the customer.
1.3 We expressly reserve the right to make changes to these General Terms and Conditions of Business, insofar as they do not affect obligations essential to the contract (“cardinal obligations”). In the event of an amendment to the General Terms and Conditions, the customer shall be informed of the planned changes by email. If the customer has not objected within a period of 14 days after receipt of the changes, his consent to the change of the GTC is presumed.
2 Conclusion of contract & termination
2.1 cubos is not obliged to accept the customer’s application for the conclusion of the contract after the online order or the sending of the order. If cubos does not declare an acceptance within 14 days after receipt of the customer’s offer, the customer’s offer is considered as rejected.
2.2 The contract is only concluded with the confirmation of the contract by cubos, which can also be declared by assigning the account access data by email or fax.
2.3 The cancellation can be declared online by the customer at any time. The termination declared by the customer will be confirmed by cubos with a specific date.
2.4 In case of cancellation and/or premature termination of the contract, there will be no refund of services already booked or used.
2.5 The customer has to take care that the contact data (master data) deposited by him with cubos are always up-to-date, especially that a functioning e-mail address and a functioning telephone number are deposited.
3 Prices and Payment
3.1 Cubos is entitled to adjust the prices at any time. The adjustment will only be carried out if it is necessary according to the reasonable discretion of cubos, but in no case it will amount to more than 10% surcharge of the booked package price. The change shall become effective six weeks after the customer has received the corresponding notice of change. In case of such a price increase, the customer shall have the option to terminate the contract with notice to the effective date of the price increase.
3.2 In case of default cubos will charge interest at the legal rate and is entitled to block organizations of the customer immediately in case of unsubstantiated disputed claims. An unblocking will take place immediately after payment of the due non-substantiated disputed claims.
3.3 The usage-independent fees shall be due monthly in advance upon invoicing. Other charges shall be paid by the customer after the service has been used. The billing period shall be determined by the tariff ordered in each case (according to the current service description), but no longer than twelve months. Separate agreements with the customer shall take precedence.
3.4 Invoicing takes place in the customer account (Internet), the customer is informed about new invoices by e-mail. All customer invoices are located in the customer account and can be viewed and printed there, including the respective invoice status (open, paid, reminded, …). There is no obligation to send invoices by post and they are only sent at the customer’s request. If the customer requests an invoice to be sent by post, cubos is entitled to charge EUR 2.50 per invoice. In case of return debit notes cubos will charge a handling fee of EUR 3.00 per debit note plus the bank charges actually incurred by cubos.
3.5 The payment by the customer is generally made by direct debit or, if agreed upon in writing, by invoice or credit card. The customer authorizes cubos to collect the payments to be made by him from an account to be named by the customer (“direct debit”). If the customer objects to the authorization to collect the debts, cubos has the right to terminate the contract at the end of the next calendar month. cubos will ensure that the customer receives an invoice at least 5 days before a direct debit.
3.6 In case of payment by invoice, the default occurs when the payment period of 10 days after invoicing is exceeded. The presence will be blocked after the payment deadline plus a grace period of 7 days.
3.7 The combination of different promotional offers and voucher codes is not possible.
3.8 In case of unblocking accesses blocked by cubos, the customer has to pay a processing fee of 15 Euro per unblocking process to cubos. The customer does not have to pay an unblocking fee if the blocking by cubos was done unlawfully, especially in breach of trust.
4. infringements of rights
4.1 If the customer causes costs for cubos due to a culpable infringement of rights when using the services of cubos, the customer shall indemnify cubos in this respect with regard to all costs incurred. This concerns in particular the costs of legal action after justified warnings due to infringements of rights by the customer.
4.2 In the section “Services” concrete regulations regarding the procedure in case of correspondingly issued warnings are made. In principle, cubos is entitled to block the services of the customer in case of warnings due to infringements of rights by the customer. In addition, the following regulations shall apply.
4.3 The following regulations regarding liability and indemnification from liability also remain unaffected.
In this section special regulations are made regarding the individual services provided by cubos.
1.1 The service GroupAlarm.com is continuously operational 24 hours, seven days a week, with an availability of 99.9% as an annual average.
1.2 Excluded from this availability are downtimes due to necessary maintenance and necessary software updates as well as times when the service cannot be accessed via the internet due to technical or other problems beyond the control of cubos (force majeure, fault of third parties etc.).
1.3 cubos may restrict the access to the services, if the security of the network operation, the maintenance of the network integrity, especially the avoidance of serious disturbances of the network, the software or stored data require this. cubos is also entitled to terminate a customer without notice, if the customer culpably negatively influences the systems beyond an observation period, so that system failures occur.
1.4 An unplanned short-term failure does not constitute a claimable defect. A short-term outage shall be assumed in any case if there is a contiguous outage of up to 15 minutes per day, but no more than a total of 30 minutes in a week.
2.1 The service “GroupAlarm” (groupalarm.com) is a service for the customer-controlled notification of users via different channels (email, SMS, app, phone, fax) which are delivered from servers of cubos into public networks at the instigation of the customer. cubos is solely responsible for the proper delivery from the server of cubos to the respective public network. It is not owed to ensure the receipt of the message by the affected recipient.
2.2 For the use of GroupAlarm a registration is required. The customer is responsible for the correctness and completeness of his personal data in connection with his registration. Only one registration is allowed per person or organizational unit.
2.3 cubos is entitled to refuse the registration for the participation in the service GroupAlarm or to suspend or terminate the use without notice under the conditions of §314 BGB. The customer has to choose his own secure password during his registration.
2.4 GroupAlarm may only be used via the channels provided by cubos. Especially any use of the message dispatch of GroupAlarm by own scripts or programs bypassing the web pages or documented APIs of cubos is prohibited, unless approved in writing. In such cases cubos explicitly reserves the right to claim for damages.
2.5 The customer is responsible for the content of his messages according to the general laws. It is especially forbidden to distribute inadmissible or illegal contents via GroupAlarm. These are in particular contents relevant under criminal law as well as messages with inadmissible sexual, racist or discriminating references and advertisements. GroupAlarm does not assume any liability for the content of the transmitted messages.
2.6 The customer of this service also commits himself to send only messages which the addressee agrees to receive and which he has agreed to receive before. If this consent is not given beyond doubt, no messages may be sent to this recipient.
2.7 The customer explicitly indemnifies cubos from all claims of third parties resulting from the illegal sending or the related receipt of the sent messages.
2.8 GroupAlarm is generally available to the user 24 hours a day, seven days a week. Interruptions of the transmission service are possible. This is especially valid for failures in the broadcasting operation, which are caused by disturbances in the internet, in this respect the general rules of these terms and conditions are valid. There is expressly no claim to constant availability.
2.9 In case of misuse of the service GroupAlarm cubos reserves the right to exclude individual users from the use of the service at any time without notice and/or to block individual recipient numbers at any time without notice.
III. duties of the customer
1. general duties
1.1 The customer assures that the data provided by him to cubos, especially concerning his person and address, are correct and complete. He commits himself to inform cubos immediately about any changes of the provided data and to check the current correctness of the provided data again upon request of cubos within 10 days after receipt.
1.2 In case of malfunctions during the use of the server, the customer shall immediately inform cubos about these malfunctions. The customer shall retrieve incoming messages to his e-mail boxes in regular intervals of four weeks at the most.
1.3 The customer is obliged to keep the access data secret from unauthorized third parties. In particular, user name and password shall be kept in such a way that access to these data by unauthorized third parties is impossible in order to exclude misuse of the access by third parties. The customer is obliged to inform cubos immediately as soon as he becomes aware that unauthorized third parties are aware of the password. Unauthorized third parties are not those persons who use the service, which is subject of this contract, with the knowledge and will of the customer.
1.4 If, due to the fault of the customer, third parties use services of cubos by misusing the passwords, the customer shall be liable to cubos for usage fees and damages.
1.1 The following regulations regarding the liability apply prior to any other regulations made between cubos and the customer.
1.2 cubos is liable for any damages, regardless of the legal basis, only if cubos culpably violates an essential contractual obligation (cardinal obligation) in a way that endangers the purpose of the contract or if the damage is due to gross negligence or intent. The limitation of liability also applies in case of fault of a vicarious agent of cubos.
1.3 If the breach of an essential contractual obligation (cardinal obligation) is not due to gross negligence or intent, the liability of cubos is limited to such typical damages or such typical extent of damages which were reasonably foreseeable at the time of the conclusion of the contract.
1.4 The liability according to the product liability law remains unaffected. Likewise, the statutory liability in the event of injury to life, limb or health shall remain unaffected.
1.5 Within the scope of application of the Telecommunications Act, the liability provision of §44a TKG shall remain unaffected in any case.
1.6 The liability due to interruption, malfunction or other events causing damage, which are based on telecommunication services of cubos or third parties for which cubos is liable, is limited to the amount of recourse possible for cubos against the respective telecommunication service provider. cubos is not liable for the operability of the telephone lines to the contractual server, in case of power failures and in case of failures of servers which are not within its sphere of influence.
2 Force majeure
2.1 Neither of the parties shall be obliged to fulfill the contractual obligations in the event of and for the duration of force majeure.
2.2 In particular, the following circumstances shall be considered as force majeure in this sense:
- fire/explosion/flood for which the party is not responsible,
- war, mutiny, blockade, embargo,
- industrial dispute lasting more than 4 weeks and not culpably brought about by the party,
- technical problems of the internet and/or necessary external services which cannot be influenced by one of the parties; this shall not apply if and as far as cubos offers the telecommunication service as well.
Each party has to inform the other immediately in writing about the occurrence of a case of force majeure.
3 Liability for defects
3.1 The legal regulations shall apply.
3.2 When providing the Diesntes, cubos excludes any strict liability for initial defects of the service. Later objections due to obvious or hidden defects are thus excluded.
V. Data Protection
1.1 cubos observes the legal regulations regarding data protection, especially the requirements of the DSGVO as well as the BDSG, TMG and as far as relevant the TKG.
1.2 cubos points out that the collected personal data will be stored in the context of the execution of the contract.
1.3 Usage data will be collected by cubos according to the legal regulations only insofar as this is necessary for the smooth operation of the services. According to the principle of data avoidance, any usage data stored by cubos will be deleted as soon as possible.
1.4 cubos conducts internal investigations during the operation of the service GroupAlarm according to the legal regulations, especially the BDSG, TKG and TMG, among others regarding the demography, interests and behavior of the users based on the anonymized information that is available through the registration or from the server log files. cubos does not publish personal identifying information of GroupAlarm users unless the users have given their express permission to do so.
1.5 The customer himself is responsible with regard to data protection relevant processes carried out by himself. In particular, the customer will check on his own responsibility to what extent a commissioned processing exists when cubos is commissioned. Likewise, the customer will check on his own responsibility whether and in which form he has to provide a data protection declaration when operating his services.
1.1 Any amendments, supplements or the partial or complete cancellation of the contract must be made in writing.
1.2 Contracts concluded by cubos on the basis of these General Terms and Conditions and claims of any kind arising from them shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the provisions of the UN Convention on Contracts for the International Sale of Goods (CISG).
1.3 Should provisions of these General Terms and Conditions and/or the contract be or become invalid, this shall not affect the validity of the remaining provisions.
1.4 If the customer is a merchant, a legal entity under public law, a special fund under public law or has no place of jurisdiction in Germany, the following shall apply in addition:
1.5 Exclusive place of jurisdiction for all disputes arising from this contract is Aachen. cubos is furthermore entitled to sue the customer at his general place of jurisdiction.
1.6 In place of an invalid provision, the parties shall agree on a provision that corresponds as far as possible to the economic content of the invalid provision.
Status 15.08.2019, cubos Internet GmbH, Goethestraße 5, 52064 Aachen, Germany