The Principal shall act in their capacity as an entrepreneur and shall act in the exercise of their commercial or freelance independent activities when concluding the contract, and shall not be a consumer within the meaning of Section 13 of the German Civil Code [Bürgerliches Gesetzbuch, BGB].
LAPIXA shall take all reasonable efforts in order to keep the Monitorer operational. However, LAPIXA may occasionally encounter technical difficulties that may result in a temporary interruption of the service. In case of a complete or partial failure the Principal shall be entitled to reduce the monthly amount payable in line with the seriousness of the failure. This shall not apply if the Principal is responsible for the failure. Such a reduction is excluded if the failure is only minor in relation to the overall performance. Failures shall be considered minor within the meaning of these GTC, if they do not account for more than 5 % of overall performance per calendar month. The contractual obligation to make available the LAPIXA Monitorer does not exceed an availability of the service of 95% per month .
The fixed monthly payments shall be due and payable in advance on the first day of the calendar month LAPIXA provides the service. In case the Principal is at default with all or part of the payment, LAPIXA shall be entitled to charge statutory interest in the amount of 9% p.a. above the base rate from the time the Principal is in arrears with payment. Furthermore, LAPIXA shall be entitled to deactivate the account of the Principal.
The parties shall undertake to maintain confidentiality regarding all knowledge and information that they have become aware of during the performance of the contract and to not make this available to third parties. Both parties agree upon non-disclosure regarding the content of the contract. The confidentiality agreement shall also remain effective after the termination of the contract, irrespective of the legal reason.
The Principal shall declare that they act exclusively on their own account. The Principal shall be obliged to report to LAPIXA without delay any changes of this fact arising during the term of the business relationship and to submit evidence for that, which would meet the requirements of a legal pursuit in court.
Last updated: September 2017