Terms of use
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Security Key is a product of the intersmile GmbH Eberfurterstr. 47a, 66450 Bexbach. 1. Conclusion of contract The user ensures with registration, that he read and accept this Terms of Use. With registration and acceptance of this Terms a contract between the intersmile GmbH and the user concluses. intersmile GmbH confirms this contract per e-mail. different terms of the user are not part of the contract and our business terms, this is also liable if we know this different terms. This terms can be changed by intersmile GmbH every time, the user will receive than the changed terms by e-mail. The changes are accepting with sending the email information. The user can cancel the contract within two weeks after this message if he disagrees the new terms. If he doesn't cancel the contract the new terms get part of the contract. 2. Service description 'Security Key' is a authentification-system. Members of intersmile GmbH obtain with the 'Security Key' System access to all closed websides. intersmile GmbH is not liable for the availability of the content of these websides. The user is not allowed to use the 'Security-Key'-system before he receives his personal password and his USB-Stick (Dongel). intersmile GmbH doesn't guarantees a access to a special number of websides which uses the 'Security Key' system. Activation for the system follows after successfull registration of the user. 3. Liability of the contract partys The user is liable for all damages and discharge intersmile GmbH for all claims of thirds. He is committed to give neither his PIN and/or his USB-Stick to third partys. intersmile GmbH must be informed if the user misses/loses his PIN or USB Stick. intersmile GmbH will notices all illegal practices, especialle those according to §184StGB. The user is liable for all losses and damages caused by practices contrary to contract or carelessness. intersmile GmbH is able in the case of chargeable operations, to lock the access permanently. Also the access can be locked if the user was not truthfully while registration. In the case, that the member gets unable to pay or a insolvency proceeding is opened against him or a insolvency proceeding is denialed due to lack of mass the access to the security key system will be locked without notice. If the user don't pay the dues unless the second reminder, intersmile GmbH will lock the access for the user without notice, but the right to request for payment will not terminate. 4. Liability of intersmile GmbH intersmile GmbH is not liable for links of third partys in the internet, no mather if they are available over the side of intersmile GmbH. The content of these linked sides is stranger content and is only imputed to the provider of the webside. intersmile GmbH is not responsible for the lawfulness, completeness, recoverability and content propriety of offers of the webside operators. If the user assumes the offer of the from intersmile GmbH linked operators only a contract between the operator and the user is created. intersmile GmbH is never a party of such a contract and therefore no claims or rights can be created through such a contract against intersmile GmbH. intersmile GmbH is also not responsible for a properly execution of contract from webside operator or the user. intersmile GmbH is not responsible for the content of the sides or there correctness. intersmile GmbH is also not responsible in the case that the access is not available, because of server problems, of the host provider, of the intersmile software, force majeure, strike, lock-out, or on technical changes that get necessary from the host provider, other maintenance work, repairs. It is possible because of offences from third partys (hackers or viruses) that temporary delays, disruptions or failures in the access to the system from intersmile are caused. A continous access is not guaranteed. On predictable disruptions the user will get informed by intersmile GmbH. Also intersmile GmbH is not liable for damages which were caused by any employee careless or grossly negligent. All claim for damages against intersmile GmbH are limited to the amount of the assignment, all of this claims prescribe automatically after 1 year of accruement. All employees of intersmile GmbH are automatically subordinated of this claims of damage arrangements. If a claim of damage is excluded for intersmile GmbH it is also excluded for all employees of intersmile GmbH. 5. Cancellation of contract Both partys can cancel the contract informal, without giving any reasons by mail or email within 14 days. In the case of cancellation all amounts each party has received must be reimbursed. That means that intersmile GmbH will transfer the membership dues back to the customer. In case of cancellation form the side of intersmile GmbH because of a important reason, the customer has no claim to demand his membership fees back. The membership is first limited for one (1) year. It extends for one more year if the contract isn't discharged 3 month before expiration of a time limit. intersmile GmbH is authorized, in case of offenses against legal requirements or membership terms, to exclude the member or to lock his password. A refunding of the membership dues will not be paid, the user has no claim for this. 6. Data privacy The usage of userdate bases on considering the data privacy specifications and laws of Germany. During the sign in the user will be asked for individual-related data which is necessary for the properly handling of the contract between intersmile GmbH and the user. intersmile GmbH is allowed to save and process the userdata. intersmile GmbH protects the userdata against unauthorized access by thirds, but intersmile GmbH is not liable for unauthorized access by thirds. For data process intersmile GmbH has different service providers like Schufa Holding AG in Wiesbaden and Kreditreform and other affiliates. The user authorizes intersmile GmbH with approval of this terms of use to impart his data. This is also valid in the case that intersmile GmbH conclude an agreement with other affiliates, unless the user disclaims this explicit. intersmile GmbH doesn't impart data without the agreement of the user to third partys, this agreement is given until accepting this terms of use. This is also valid for prosecutions and courts. The data will be deleted after expiration of contract. 7. Payment, dunning charge / debt collection The membership in the level 'Privat' is free of charge, the user only have to pay the setup fee of 8,- Euro. The membership in the level 'Business' costs 50,- Euro per year, but the user don't have to pay any setup fee. Die intersmile GmbH will send the user a personal USB-Stick for access to the authentification system. This personal security key token costs 13,- EUR one time. The charges will be debit from the bank account of the user. The membership and processing fees, and the costs for the USB-Stick become due after receiving invoice of intersmile GmbH. This invoice will be send to the user by mail or email. In case of insufficient cover of the account and resulting return debit note the costs for return debit note have to be paid by the customer. For transaction of the paying request intersmile GmbH can instruct a debt collection company. The customer prices involved in a separate price list are confirmed by the user while sign in. On return debit note intersmile GmbH calculates a due of minimum 10,- Euro. For dunning charge a due of minimum 5,- Euro is calculated, and for the third dunning charge minimum 15,- Euro. The interest for default of the debt will be the same interest that intersmile GmbH hast to pay until availment of a credit to cover the dept, but this interest will be minimum 9% above the basic interest of the German Central Bank. 8. Final provisions Es gilt das Recht der Bundesrepublik Deutschland. The Service 'Security Key' is provided by intersmile GmbH, Eberfurterstr. 47a, 66450 Bexbach, Managing Director Bernhard Menth. Local court Homburg/Saar. Changes of contract terms have to be made in writing. Oral agreement doesn't exists. 9. Severability clause In the case that single terms of this terms of use are complete or partly not legally effective or will loos there legality partly or completly later, such invalidation of such part or portion of this agreement should not invalidate the remaining portions thereof, and they shall remain in full force and effect. The effectless terms will be replaced by the legal regulations and laws which matches the meaned regulation the most. The same is taken effect if this terms of use has any loophole. Date August 2008 |