Netcos GmbH (hereinafter referred to as “itpilot”) provides products, software and services (hereinafter collectively referred to as “services”) under * .itpilot.de * and other top-level subdomains. By using these services, the user agrees to these general terms and conditions (hereinafter referred to as “GTC”).
Itpilot reserves the right to adapt the terms and conditions at any time without prior notice. The latest version of the terms and conditions can be viewed at http://itpilot.de/agb.
Should individual provisions of these terms and conditions be or become invalid, the validity of the remaining provisions remains unaffected.
Itpilot retains all copyrights and other rights to the services. The user is not entitled to remove, cover or change legal notices (e.g. copyright or trademark notices). The user may not use the itpilot brands for their own purposes – regardless of what kind.
By violating the provisions, the user forfeits his right to use the services and authorizes itpilot to block the user account concerned or access to the services
These terms and conditions form the entire agreement between the user and itpilot and replace all previous agreements under this title. Verbal collateral agreements do not exist.
The scope of services and the current price list or license models of the applications can be found on www.itpilot.de .
Itpilot provides the user with appropriate documentation for the software as online help.
After the contract period has expired, the right to use the software expires.
Obligations of the user:
The user undertakes to use the software as intended and to pay the agreed amounts on time.
The user is furthermore particularly obliged
not to transmit any information with illegal or immoral content that incites racial hatred within the meaning of §130, §130a and §131 of the Criminal Code, glorifies or belittles violence, is sexually offensive, i. S. d. §184 StGB are pornographic, glorify the war, are capable of seriously endangering children or young people morally or impairing their welfare, insulting third parties and damaging the reputation of itpilot or pointing out offers with such content.
To exempt Itpilot from third party claims arising from the name, brand, copyright or other property rights disputes associated with the claim, use or registration of the user’s own subdomain name page.
The user is obliged to keep the passwords received from itpilot for the purpose of access and its services strictly secret and to inform the provider immediately as soon as he becomes aware that the password is known to unauthorized third parties. If, as a result of the fault of the user, third parties use itpilot services through misuse of the passwords, the user is liable to itpilot for usage fees and damages.
The user assures that the information provided by him is correct and complete. He undertakes to inform itpilot immediately of any changes to the communicated data – in particular to the bank details.
The user is not entitled to rent out or lease the itpilot services or to allow third parties to use it in any other way for a fee.
Start, term and termination of the contract
The contract comes into effect from the point in time noted on the user contract (start of the contract) and has an unlimited term.
The contract can be terminated with a notice period of 8 calendar weeks to the end of the following month.
Itpilot can terminate this contract without observing a notice period in particular if
the user violates a contractual obligation,
insolvency proceedings are applied for or opened against the assets of the user,
the user is in arrears with the payment of the amount more than three months after the due date.
The right to extraordinary termination for other important reasons remains unaffected.
Ordinary and extraordinary termination must be in writing to be effective. A fax is also kept in writing.
After termination of the contractual relationship, the provider is no longer obliged to provide the contractual services. The provider can delete all user data on the server at the earliest 30 days after the end of the contract. The timely storage and backup of the data is therefore the responsibility of the user.
Itpilot has the right to increase the monthly amount for using itpilot after a period of use of one year at the earliest. The same applies to further increases. In the event of an increase in the amount, the user is entitled to terminate the contract with four weeks’ notice to the end of the month before the premium increase takes effect. Itpilot must announce a price increase at least 3 months before it comes into effect.
The user-related itpilot database is backed up daily at night by itpilot and can only be restored as a whole.
Warranties / Updates
Itpilot points out that, according to the state of the art, it is not possible to create software in such a way that it works error-free in all applications and under all conditions. Itpilot guarantees that the service corresponds to the essential functional descriptions. The user must report any defects that may occur in writing, while logging any error messages that may be displayed. In principle, the warranty excludes those errors that arise due to external influences, operating errors or changes, additions or other manipulations not carried out by itpilot or on behalf of itpilot, unless the user can prove that this use is not responsible for the defect was causal.
Itpilot guarantees an accessibility of the servers of 98.5% on an annual average. This excludes regular maintenance work and times in which the server cannot be reached via the Internet due to technical or other problems that are beyond itpilot’s control (force majeure, fault of third parties, etc.). Itpilot can restrict access to the services if this is necessary for the security of the network operation, the maintenance of the network integrity, in particular the avoidance of serious disruptions to the network, the software or stored data.
If the above availability is not reached, a credit will be issued, staggered as follows:
Falling below 0.1 – 0.5%? Credit of 10% of the regular monthly fee
Falling below 0.5 – 1%? Credit of 75% of the regular monthly fee
Falling below 1%? 125% of the regular monthly fee credited
If itpilot does not succeed in eliminating an error that has occurred within 20 working days and the user is not responsible for this error, the user has the right to terminate the contract without notice. Otherwise the right of termination of the user due to non-granting of use according to § 543 BGB excluded.
Itpilot will continue to develop the software and update it automatically and free of charge at regular intervals.
Itpilot informs the user in good time about significant changes to the software or the service package that affect the functionalities contractually agreed with the user.
Itpilot or a vicarious agent of itpilot are liable for intent or gross negligence. In addition, itpilot is liable up to the amount of the typically foreseeable damage, but limited to a maximum amount of an annual fee, also for such damage, the itpilot or the executives of itpilot, in violation of an obligation, the fulfillment of which is essential for the proper execution of the contract in the first place and on the compliance with which the user can regularly rely (essential contractual obligation / cardinal obligation).
This limitation of liability applies with regard to all claims for damages and regardless of their legal basis, in particular with regard to pre-contractual or secondary contractual claims. However, it does not restrict legally binding liability under the Product Liability Act or liability for warranted properties, insofar as the warranted property should protect the user from the damage that has occurred, nor does liability for culpable injury to life, limb or health. Itpilot’s no-fault liability for errors that already existed when the contract was concluded in accordance with Section 536 of the German Civil Code (BGB) is expressly excluded.
According to § 33 BDSG, Itpilot points out that itpilot only collects, processes and / or uses personal data during the contractual relationship for the purposes of contract execution, including billing. Data is (also) collected, used and processed electronically.
Itpilot and its sales partners are entitled to process or use the transmitted data of the user (legal form, organs, addresses and communication data) only insofar as this is necessary to advise users and for market research for their own purposes. Itpilot will provide the user with information about the relevant stored data on request and under the conditions of § 34 BDSG.
As part of the provision of the software for the user, Itpilot will act as a data processor in accordance with. §11 BDSG with the task of hosting the data, active for the duration of this contract. The user remains master of the data and responsible for compliance with the provisions of the BDSG. Due to this responsibility, the user can also request the surrender, blocking or deletion of the data during the term of the contract and after termination of the contract. Itpilot does not acquire its own right to the personal data posted in this regard. Itpilot undertakes to comply with all relevant data protection regulations, in particular those of the BDSG and the TMG (Telemedia Act). Itpilot will not use the data beyond the purpose of the contract. Itpilot will design the internal organization in your area of responsibility in such a way that it meets the special requirements of data protection. Itpilot will take technical and organizational measures to adequately secure the user’s data against misuse and loss, which meet the requirements of the BDSG (Section 9 BDSG in conjunction with the Annex to Section 9 BDSG). This includes that the facilities and systems are adequately secured against entry, access and access by unauthorized persons (admission, access, access control), so that the personal data cannot be read, copied, changed, removed or passed on to third parties without authorization (Transfer control) that the correct input of the data is checked by means of appropriate logging (input control), that the processing of the data in accordance with the instructions is ensured (instruction control), the data is adequately protected against accidental destruction or loss (availability control) and that it is ensured, that data collected for different purposes can be processed separately (separation control). Subject to timely notification / registration, the user is entitled to convince himself of the appropriateness of the measures to comply with the relevant technical and organizational security requirements. Itpilot also ensures that the employees involved in processing the user’s data in accordance with. §5 BDSG (data secrecy) and have been instructed in the protective provisions of the BDSG. Itpilot complies with any reporting obligations and has appointed a company data protection officer whose contact details the user can request from itpilot at any time. Itpilot notifies the user immediately in the event of serious operational violations, suspected data protection violations or other irregularities in the processing of the user’s data. After termination of the contract, itpilot is obliged to delete all data entered by the user, unless otherwise specified by the user. This deletion takes place due to possible queries etc. from the user at the earliest 30 days or at the latest 90 days after the end of the contract. Itpilot is entitled to engage subcontractors under data protection law in the same way as itpilot is obliged to do. Any related data transfers are encrypted.
Itpilot selects appropriate technical service providers (hosters) for safe operation. The data is transmitted in encrypted form
The processing of the data takes place exclusively in the area of the Federal Republic of Germany.
Subsidiary agreements, legal validity, offsetting
Ancillary agreements and additions to the contract must be made in writing to be effective. This also applies to the written form requirement itself. Should any provision of this contract be or become ineffective, this shall not affect the validity of the other provisions. Rather, the ineffective or missing provision should be replaced by an economically and legally equivalent one. The same applies in the event of a loophole.
The assertion of a right of retention or the offsetting with any counterclaims is excluded, unless these counterclaims have been legally established or have been expressly recognized by itpilot.
Place of jurisdiction
Munich is agreed as the place of jurisdiction for all disputes in connection with this contract. German law applies with the exception of the UN Sales Convention (CISG).