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1. Subject of the contract

  • The subject of this contract is the provision of the online platform gkbx.me in accordance with the service description by Pelix Media e.K., Rainstr. 7, D-86507 Oberottmarshausen, (Pelix Media).
  • The offer is aimed exclusively at companies in accordance with Section 14 of the German Civil Code (BGB). The offer is not aimed at consumers.
  • These terms and conditions apply exclusively to all current and future business relationships. Pelix Media does not recognize any conditions of the customer that conflict with or deviate from these General Terms and Conditions unless Pelix Media expressly agrees to their validity in writing. These General Terms and Conditions also apply if Pelix Media carries out the service to the customer without reservation despite being aware of conflicting or different conditions of the customer.

2. Start of contract

  • The contract for the use of gkbx.me is concluded when the customer registers with gkbx.me. The customer receives confirmation by email that the registration has been carried out and must confirm this via a link in the email. Unconfirmed registrations will be automatically deleted after 14 days.
  • The customer agrees that Pelix Media may obtain information about the company specified by the customer from the European Union and the Federal Central Tax Office before and after conclusion of the contract.
  • Pelix Media is entitled to check the identity of the customer and his legal representatives before and after the conclusion of the contract. The customer is obliged to cooperate in this.
  • A claim for a contract does not exist. Registration on gkbx.me can be rejected by Pelix Media at any time without giving reasons.

3. Provision of gkbx.me and storage space

  • Pelix Media makes the online platform gkbx.me available to the customer for use at the router exit of the data center in which the server with the online platform is located ("transfer point"). The online platform, the computing power required for its use and the required storage and data processing space are provided by Pelix Media as stated in the offer. Pelix Media is not responsible for establishing and maintaining the data connection between the customer's IT systems and the described transfer point.
  • Pelix Media's services are limited to the provision of gkbx.me and the related information provision. A quality of the online platform that goes beyond the functionality defined in this contract is not owed. Individual additions or other adjustments to gkbx.me for the customer require a separate agreement.
  • The assumption of guarantees for certain properties of gkbx.me requires written confirmation by Pelix Media to be effective.
  • Pelix Media's services do not include any legal review or legal advice or fulfillment of the customer's legal information obligations.
  • The data uploaded and generated by the customer will be stored by Pelix Media for a maximum period of 14 days. After 14 days, the data will be irrevocably deleted from the server. Recovering deleted data is not possible.
  • After termination of the contract, all generated data will be deleted immediately.

4. Availability gkbx.me

  • Pelix Media advises the customer that restrictions or impairments in the services provided may arise that are beyond Pelix Media's control. This includes, in particular, actions by third parties who are not acting on behalf of Pelix Media, technical conditions of the Internet that Pelix Media cannot influence, and force majeure. The hardware, software and technical infrastructure used by the customer can also have an influence on Pelix Media's services. To the extent that such circumstances influence the availability or functionality of the services provided by Pelix Media, this has no impact on the contractual conformity of the services provided. The online platform is available at the handover point with an average availability of 99% over the year. This excludes downtime due to maintenance and updates as well as force majeure events. The transfer point is the router output of the data center used by Pelix Media.

5. Rights to data processing, data backup

  • Pelix Media adheres to legal data protection regulations.
  • The customer agrees that Pelix Media collects, processes and uses the necessary data on the basis of legal regulations.

6. Liability and compensation

  • Pelix Media is liable for damage to the customer that was caused intentionally or through gross negligence, that is the result of the non-existence of a guaranteed quality, that is based on a culpable violation of essential contractual obligations (so-called cardinal obligations), that is the result of a culpable injury to health, body or of life, or for which liability is provided for under the Product Liability Act, in accordance with the statutory provisions.
  • Cardinal obligations are those contractual obligations whose fulfillment enables the proper execution of the contract in the first place and on whose compliance the contractual partner can regularly rely, and whose violation, on the other hand, endangers the achievement of the purpose of the contract.
  • In the event of a breach of a cardinal obligation, liability is limited to damages that are typically expected to occur when using the contractual software, provided the damage is based solely on slight negligence.
  • Otherwise, liability is excluded, regardless of the legal basis.
  • If damage to the customer results from the loss of data, Pelix Media is not liable for this, provided the damage could have been avoided if the customer had regularly and completely backed up all relevant data. Pelix Media stores data exclusively for processing via the online portal. The customer will carry out or have carried out a regular and complete backup of his data independently of Pelix Media himself or through a third party and is solely responsible for this.

7. Customer data and indemnification from third party claims

  • The customer is solely responsible for all content and data processed by him as well as any legal positions required for this. Pelix Media takes no notice of the customer's content and generally does not check the content used by the customer with gkbx.me.
  • In this context, the customer undertakes to indemnify Pelix Media from all liability and costs, including possible and actual costs of legal proceedings, if Pelix Media is sued by third parties, including employees of the customer personally, as a result of the customer's alleged actions or omissions in is claimed. Pelix Media will inform the customer about the claim and, as far as this is legally possible, give him the opportunity to defend the asserted claim. At the same time, the customer will immediately provide the provider with all the information available to him about the matter that is the subject of the claim.
  • Any further claims for damages via Pelix Media remain unaffected.

8. Contract duration, deactivation and termination

  • The contract is concluded between the customer and Pelix Media for an indefinite period of time and can be terminated by the customer at any time, by Pelix Media with two weeks' notice.
  • The customer is responsible for backing up his data before the end of the contract if the contract is terminated. Unless otherwise agreed, Pelix Media is entitled to irrevocably delete all of the customer's data stored during the term of the contract.
  • The termination does not affect the payment claims that have already arisen.

9. Changes to terms and conditions

  • Pelix Media reserves the right to change the General Terms and Conditions at any time with future effect, unless the changes are unreasonable for the customer. The changes are particularly reasonable in the following cases:
    • if the changes serve to ensure that the contractual conditions comply with the applicable law, in particular if the applicable legal situation changes,
    • if the changes serve Pelix Media to comply with mandatory court or official decisions,
    • if completely new services from PelixMedia or service elements as well as technical or organizational processes from PelixMedia require a description in the General Terms and Conditions.

10. Final provisions

  • These general terms and conditions apply exclusively. Other, especially general, contractual conditions of the customer do not apply, even if they are not expressly contradicted in individual cases, e.g. when they are presented and/or when the contract is executed.
  • With regard to all legal relationships arising from this contractual relationship, the parties agree to the application of the law of the Federal Republic of Germany with the exception of the provisions of international private law.
  • If the customer is a merchant within the meaning of the Commercial Code, a legal entity under public law or an administrator of special funds under public law, the registered office of Pelix Media is agreed as the place of jurisdiction for all disputes that arise in the course of processing this contractual relationship.
  • If individual provisions of these general terms and conditions are invalid, the remaining provisions remain valid. In this case, both parties will work together to replace invalid regulations with regulations that correspond as closely as possible to the ineffective regulations.

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