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OUR TERMS AND CONDITIONS

Our guiding principles and the fine print.

# 1 WE ALWAYS GIVE OUR BEST

We love what we do and we have a high demand for the quality of our work.

# 2 THERE IS ALWAYS ONE SOLUTION

If something goes wrong or does not work, we want you to talk to us about it openly.

# 3 IS NO MIESEPETER

We value open and friendly interaction. If you are annoyed sometimes, then in case of doubt you will find guideline # 2.

The fine print is big

Version 1.0
As of May 2019
Terms and Conditions
OrganizedMinds.Cloud is an offer of:

3P Consulting GmbH
Feldstr. 12
57580 Fensdorf
Germany
We render our services exclusively on the basis of these general conditions.
We do not accept deviating terms and conditions of the customer, unless we have expressly agreed to them in writing.
contract
Our offer is aimed at traders, our prices are net prices and do not include VAT.
The right of both parties to extraordinary termination for good cause remains unaffected. An important reason for us is in particular, if the customer (a) with the payment of the fees with an amount in the amount of two monthly basic charges in arrears; (b) culpably violates a material contractual obligation, and the customer does not remedy the situation despite a warning within a reasonable period.
Unless otherwise agreed, the minimum contract period is 1 month. Unless otherwise agreed, the contract shall be extended by the respective minimum contract period in the absence of termination.
Our information and statements may be electronically directed to the customer to the e-mail address provided by the customer.
We collect, process and use personal data of the customer in the context of the legal data protection regulations.
The law of the Federal Republic of Germany applies, excluding the UN Uniformed Purchase Law (CISG). If the customer is a merchant, legal entity under public law or special fund under public law, Betzdorf is the exclusive place of jurisdiction for all disputes arising from and in connection with the contractual relationship.
Our service obligations
Our performance obligations result from the service description of the respective product. Other promises, performance promises or ancillary agreements are only effective if confirmed in writing by us.
We are entitled to expand our services, adapt to technical progress and / or make improvements. This is especially true if the adjustment appears to be necessary to prevent abuse or if we are required to do so due to statutory adjustment requirements.
We are obliged to the customer for technical support only within the scope of the contract. In addition, we do not provide the customer with free support services.
Insofar as the customer is provided with fixed IP addresses, we reserve the right to change the IP address (s) assigned to the customer if this should become necessary for technical or legal reasons.
Obligations of the customer, prices and payment
Usage-independent fees are due and payable in advance for the respective contract term if no different billing period has been agreed with the customer.
Unless otherwise agreed, payments by the customer are made by SEPA direct debit or Paypal. When paying via Paypal, the applicable terms and conditions of Paypal apply in addition to the present. The customer authorizes the provider to collect the respective invoice amount from his Paypal account.
The customer is also in default without a reminder if he does not pay within 14 days of receipt of an invoice.
The customer undertakes to indemnify us in the internal relationship from any claims of third parties based on unlawful or infringing acts of the customer or errors in the content of the information provided by the customer. This applies in particular to copyright, trademark, name, data protection and competition law infringements.
The temporary blocking of services does not affect the customer's obligation to pay.
The customer expressly assures that the provision and publication of the contents of the web pages or data set by him neither violate German nor any other applicable national law, in particular copyright, trademark, name, data protection and competition law. The Provider reserves the right to temporarily suspend content that appears to be of concern in this regard. The same applies if third party providers are asked to change or delete content on hosted websites because they are allegedly infringing on foreign rights.
The customer also undertakes not to use the resources provided by us for actions that violate legal prohibitions, the good customs and rights of third parties. These include in particular the following actions: (a) unauthorized intrusion into third-party computer systems (eg hacking); (b) obstruction of third-party computer systems by sending / forwarding data streams and / or e-mails (eg DoS / DDoS attacks / spam / mail bombing); (c) search for open accesses to computer systems (eg port scanning); (d) sending e-mails to third parties for advertising purposes, unless the recipient has given his express consent, or else an authorization is required; (e) forging IP addresses, mail and news directories, and distributing malware. If the customer violates one or more of the above obligations, we are entitled to immediate cessation of all services. Claims for damages remain expressly reserved.
liability
We are only liable for intent and gross negligence in accordance with the statutory provisions.
In cases of slight negligence, liability for all other damage, in particular consequential damage, indirect damage or loss of profit, is excluded.
Insofar as our liability is excluded or limited, this also applies to the liability of our employees, other employees, representatives and vicarious agents.
We point out that it is not possible according to the current state of the art to create hardware and software so that it works flawlessly in all application combinations or can be protected against any manipulation by third parties.
Copyrights, license agreements
We grant the customer a non-exclusive (simple) right of use limited to the duration of the contract for the provision of own and third-party software. The transfer, except with our consent by way of the assumption of the contract, as well as the granting of sub-licenses to third parties are not permitted.
For open source programs, the respective valid license terms of the software provider also apply. We will provide this to the customer on request. Insofar as the conditions of the software providers are in conflict with the present conditions, the conditions of the software provider have priority.
Insofar as the customer manages or sets up or distributes licenses on the servers himself, only he is obliged to correctly license them.
Incidentally, the license terms of the respective software manufacturer apply.
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