Terms and Conditions
|General Terms and Conditions Digital Pathways Ltd||as of 1/11/2017|
1 Scope of General Terms & Conditions
1.1 Digital Pathways Ltd, registered at New House Studio, Epping Essex CM16 6TD United Kingdom, shall provide the services specified in the respective and applicable performance description vis-à-vis its Customer pursuant to the ensuing General Terms and Conditions, a – principally electronically – completed order form, the respective and applicable performance description, and the respective and applicable price list. In the event of contradictions between the General Terms and Conditions, the conditions in the respective order form and in the respective performance description, the following sequence shall apply: Order form, General Terms and Conditions, Performance Description. All aforesaid documents are accessible on the Internet under http://www.digpath.co.uk in their respective and applicable version. The conditions respectively published at the time of the conclusion of the contract shall apply. Upon request, the customer shall be mailed the aforesaid documents in writing.
1.2 Deviating Terms and Conditions of the Customer shall not apply. They shall be inapplicable also without any explicit objection by Digital Pathways Ltd.
2 Service Description
2.1 Digital Pathways Ltd offers its customers an encrypted e-mail service (Digital Pathways Service), where, by intervention of the regify®Software, e-mail message texts and data attachments are transmitted as an encrypted regify®File. The regify® software causes keys to be generated at the sender that are matched, by an independent clearing feature (regify® Clearing Service), with the data of the addressee. This ensures, in addition to the integrity of the transmitted data, that only the recipient can open the message, whereby a reading confirmation is generated for the sender. The Digital Pathways service’s combine in the simplest manner the qualities of traditional registered mailing with the cost and time saving of e-mail, on the basis of e-mail services, which the Customer has been using all along.
2.2 The respective and applicable performance description includes a more detailed description of the services.
3 Conclusion of Contract
3.1 Using an electronic order form on Digital Pathways Ltd portal, the Customer applies for the use of the Digital Pathways services (registration). The application requires the confirmation of the order by Digital Pathways Ltd, which may be given by fax, by e-mail, or by clearing the access to the Digital Pathways system by assignment of a password.
3.2 Digital Pathways Ltd differentiates between chargeable and free of charge customers. Following registration and activation, the free of charge Regimail customer may only receive and read Regimail e-mail messages. Following registration and activation, the chargeable Regimail customer can, in addition, send Regimail e-mail messages, monitor their sending procedures, and view their sent messages history.
3.3 The use of the Digital Pathways service is conducted on a usage dependent basis, based on advance payment and the respective applicable price list. Unless otherwise expressly agreed, payment shall be made electronically by use of standard payment methods (such as PayPal, invoice or by direct debit authorisation). Upon request, the Customer shall receive an invoice for the services used.
4 Duration and Termination of the Contract
4.1 Unless otherwise specifically stipulated in the respective order form, the contract shall be concluded for an indefinite term as of conclusion, and may be terminated by any of the parties with a termination term of one month to the end of the month.
4.2 Termination may be in writing, by fax, or by e-mail.
5 Restrictions and Exclusions
5.1 The Digital Pathways service increases the security and the value of burden of proof with regards to delivery of electronic declarations. However, no guarantee is assumed for any court of any legal system to allow Regimail e-mail as appropriate evidence (increased legal certainty). Particularly, Regimail e-mail cannot replace any written or electronic form required by law or agreed upon by legal transaction.
5.2 Digital Pathways Ltd provides its services with a web-based tool. The reachability of the web-based portal therefore depends on the connection provided by the Customer’s provider of internet services and network as used by the Customer. The reachability of the web-based portal may thus be limited by the technical circumstances of the Customer’s provider of the network. Digital Pathways Ltd does not assume responsibility for the aforesaid.
5.3 The web-based portal shall be principally accessible for the Customer on an annual average of 24 hours per day, with an average monthly availability of 99.0% (-7.2 hours per month). The limitation of availability may result from maintenance and servicing of the web-based tool (maintenance work), which would cause interruptions of access to the web-based tool for the duration of the maintenance work.
5.4 To the extent to which the Customer is provided with a software download for the use of the Digital Pathways service, particularly the web-based portal, the Customer shall receive the non-exclusive right, limited to the duration of this contract, to use the end customer component of the software (client software) as required for the usage in the aforesaid scope. Authorised usage of software within the meaning of the contract shall thus consist only of the retrieval of the services provided by the software. The transfer, or further reaching usage of the respectively implemented software program itself, is not subject matter of the contract.
5.5 Digital Pathways Ltd shall be entitled, from time to time, to technically modify the service. Digital Pathways Ltd hereby reserves the right to limit its support of legacy versions for a period of only 5 months following notification (end-of-life).
6 Customer’s Obligations
6.1 The Customer shall install the Regimail system on his system at his own responsibility. Digital Pathways Ltd shall not assume any responsibility for data loss or other damages that might occur in the context with this installation at the Customer, unless such loss or damages are provable results of technical faults in the Regimail system.
6.2 The Customer shall promptly inform Digital Pathways Ltd of any change to his name, place of residence or business, e-mail address, legal form and/or – if required – his invoicing address or bank details.
6.3 The Customer undertakes,
- not to expose the personal identification and passwords submitted to him, or any access data, to any third party, and to prevent their improper use by applying the required duty of care; the same applies to the safety of usage and access security;
- to use the web-based tool only in accordance with its intended use. In the framework of the usage of the Digital Pathways service, no information that includes illegal or unethical contents may be transmitted to any recipient. It may also not include any reference to such information (such as information with the purpose of incitement to hatred and violence, or of sexually offensive nature, in the meaning of §§ 130, 130 a) and 131 Criminal Code, or pornographic in the meaning of § 184 Criminal Code);
- not to make use of any spamming methods.
6.4 A violation of the aforesaid regulations shall entitle Digital Pathways Ltd to immediate deactivation of the Customer, and to immediate termination of the contractual relationship.
7 Data Protection, Secrecy of Telecommunications
7.1 Digital Pathways Ltd shall collect, process and use personal data subject to the provisions of the data protection law, and in observation of the secrecy of telecommunications. Thereby any inventory data and traffic data collected from the Customer shall only be collected and processed to the extent to which it is required for proper execution of the contractual relationship.
7.2 Digital Pathways Ltd shall be liable for loss of data only in the framework of liability pursuant to section 8.
7.3 Digital Pathways Ltd shall limit availability of transaction data of a regify®File (time of transmission/receipt, reading confirmation) on its web based portal to the duration of this agreement. Following termination of the contract, Digital Pathways Ltd shall delete any such data.
8.1 The following provisions regulate comprehensively the liability of Digital Pathways Ltd vis-a-vis the Customer in the context of this contract. Said provisions shall apply regardless of whether the liability arises from an action or a forbearance, or whether it was caused by the Digital Pathways Ltd themselves or by their legal representatives, senior employees, organs or any other employee.
8.2 The liability of Digital Pathways Ltd, regardless of the legal ground, is limited to damages caused by gross negligence and wilfully, as far as the following liability regulations do not determine otherwise. In the event of ordinary negligence, Digital Pathways Ltd shall be liable only insofar, as an obligation has been violated, the fulfilment of which constitutes a precondition for the execution of the contract, the violation of which jeopardises the obtainment of the purpose of the contract, and on the compliance of which the customer relies. However, liability for material and monetary damages shall in such an event be limited to a maximum amount of GBP 500.00 per damaging event, and within a period of 12 calendar months to a maximum amount of GBP 1000.00. Liability for indirect or consequential damages shall be excluded in any event. The aforesaid does not apply to cases of intent.
8.3 The statutory liability of Digital Pathways Ltd pursuant to the Law of Product Liability and other compulsory statutory liability regulations regarding the statutory liability for physical injuries caused by Digital Pathways Ltd (with or without lethal consequences) remains unaffected.
9 Deactivation of Services
Digital Pathways Ltd shall be entitled to block access to its services in whole or in part, if
- the Customer is in default with payment obligations of at least GBP 100.00, a safety deposit has been used up, and a threat of deactivation had been issued in writing, within a notification term of 48 hours;
- reason has been given for immediate termination of the contractual relationship.
10.1 Digital Pathways Ltd shall be entitled to transfer rights and obligations arising from this contract, in parts or in whole, to companies affiliated with Digital Pathways Ltd. Digital Pathways Ltd shall notify the Customer accordingly.
10.2 Any mutual declarations pursuant to this contract may be submitted by the parties in writing, by fax or in text form (e-mail etc.).
10.3 Legal venue for all disputes is London, insofar as the Customer is a fully qualified merchant, and the contract is part of the operation of his commercial enterprise. Digital Pathways Ltd may also assert its claims at the courts of the Customer’s general legal venue. Any exclusive legal venue remains unaffected thereof.
10.4 In the event that any individual provision of this contract is held to be or become invalid, this shall not affect the legal validity of the remaining provisions. In replacement of the invalid provision, a valid provision shall be agreed upon resembling the mutually desired as economically close as possible. The same applies to the completion of any legal gaps.
10.5 The exclusively applicable law for all legal relationships between Digital Pathways Ltd and the Customer shall be the law of England and Wales under exclusion of the UN Sales Law (CISG) or any other international conventions.