1.1 The subject of the contract is the provision of Q.wiki Now! Hosting (§2) and services (§3). The following general contract conditions apply to the execution of the contract and the contractual relationship between Modell Aachen GmbH and the customer in connection with the provision of services. Divergent, conflicting or supplementary general terms and conditions are not part of the contract, unless their validity is expressly agreed by Modell Aachen GmbH.
1.2 Conclusion of contract: You can put together an individual order via the Modell Aachen GmbH website or in coordination with the sales department of Modell Aachen GmbH. This must include the contract data about your company, in particular the address, contact person, billing period and the number of users. Based on this information, Modell Aachen GmbH will generate an offer and send you a binding order. The contract is concluded with written confirmation from you.
2.1 With Q.wiki Now! Hosting on a Modell Aachen GmbH server also ensures the maintenance of Q.wiki.
2.2 The costs of Q.wiki Now! Hosting is based on the number of users. The number of users must only be defined in steps of ten. The number of users is determined for the first time as part of the ordering process.
3.1 The service hours of Modell Aachen GmbH are Monday to Friday from 9:00 to 17:00. Federal holidays and public holidays in NRW are excluded.
3.2 Service requests to Modell Aachen GmbH must be made via the service portal integrated in Q.wiki. Alternatively, service requests can also be sent by email to service@modell-aachen.de be asked. Feedback and suggestions can be sent free of charge at any time via feedback@modell-aachen.de be given.
3.3 The service provided by Modell Aachen GmbH is free of charge for Q.wiki customers.
4.1 The hosting fees are invoiced either monthly or annually at the beginning of each billing period.
4.2 Insofar as there is a sales tax obligation, all prices are exclusive of the applicable statutory value added tax. Modell Aachen GmbH's payment term is 14 days.
5.1 The following regulations apply to all legal and contractual claims for damages and expenses of Modell Aachen GmbH:
5.1.1 In the event of negligent breaches of duty, Modell Aachen GmbH's liability as a whole is limited to the contract value resulting from the last 12 months as the sum of all remuneration components.
5.1.2 In addition, Modell Aachen GmbH is not liable for the breach of non-essential contractual obligations, whether intentional or grossly negligent. In abstract, essential contractual obligations are obligations whose fulfilment makes the proper execution of a contract possible in the first place and on whose compliance the contracting parties may regularly rely.
5.2 The limitations of liability in section 5.1 do not apply to claims based on intent and gross negligence, injury to life, limb or health, malice, insofar as the Product Liability Act applies and to a guarantee promise, unless otherwise regulated with regard to the latter.
In order to meet legal requirements, in particular the EU General Data Protection Regulation, the parties conclude a separate Order processing agreement off.
7.1 The guaranteed monthly availability of Q.wiki Now! is 99.5% (measured in EMEA).
7.2 Periods of planned, announced maintenance or failures due to force majeure, third parties or the customer himself are excluded from availability.
7.3 If availability falls short, an informal written request for compensation can be submitted within 30 days. The customer then receives a credit of 10% of the monthly software costs on the next invoice.
7.4 To protect the customer, access to Q.wiki Now! limited to five times the average human Q.wiki usage. Exceeds are automatically prevented (error code “429” displayed).
8.1 The term of the contract is unlimited. Terminations or changes must be notified in writing to the respective party with a notice period of one month before the end of the billing period. Unless otherwise agreed, the contract period begins at the beginning of the following month of assignment. The customer data of Q.wiki Now! can be provided for a lump sum of 250 euros.
8.2 Modell Aachen GmbH reserves the right to adjust these contract terms, provided that customers are not unduly disadvantaged by such contract changes. Modell Aachen GmbH will announce any change at least two weeks in advance. If the customer does not agree with the changes, he can declare the extraordinary termination within this period.
9.1 Modell Aachen GmbH reserves the right to check the number of Q.wiki users.
9.2 Unless otherwise agreed, the limitation period for material and legal defects claims is generally 12 months. Notwithstanding this, claims expire within the regular limitation period if Modell Aachen GmbH has fraudulently concealed the defect. In this case, however, the limitation period does not end before the time limits in accordance with sentence 1.
9.3 The laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
9.4 Unless otherwise regulated, contractual notifications and declarations must be in writing at least.
9.5 The place of jurisdiction is Aachen.
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