CAME 8K01MI-0515, Quick Setup Manual

          terms and 

conditions

8. Liability
 

Any liability of 1NCE for damages and/or reimbursement of expenses 

arising from or in connection with the contractual relationship between 

1NCE and the Customer shall be subject to the following limitations:

8.1  Liability according to Section 44a TKG

a)  To the extent the Services consist of the provision of publicly 

available telecommunications services, 1NCE as a provider of 

such telecommunications services shall be liable for fi nancial 

losses exclusively in accordance with the provisions of Section 

44a TKG.

b)  The wording of Section 44a TKG is as follows (non-binding 

convenience translation):

Insofar as the provider of publicly available telecommunications 

services is obliged to compensate an end user for fi nancial loss and 

such liability is not based on intent, the liability is limited to a maximum 

of EUR 12,500.00 per end user. If the obligation to pay damages 

results from a uniform act or an event causing uniform damage to 

several end users and this is not based on intent, the liability to pay 

damages is limited to a maximum of EUR 10 million, without prejudice 

to the limitation of liability in sentence 1. If the compensation payable 

to several damaged parties due to the same event exceeds such 

maximum limit, the compensation shall be reduced in proportion 

to the sum of all claims for compensation. The limitation of liability 

in accordance with sentences 1 to 3 shall not apply to damage 

claims caused by the delay in payment of damages. In deviation to 

sentences 1 to 3, the amount of liability towards end users who are not 

consumers may be regulated by individual contractual agreement.

8.2  Liability outside the scope of Section 44a TKG
 

Outside the scope of application of Section 44a TKG (see Section 8.1 

of these GTC) 1NCE is liable as follows:
a)  In the event of intent or gross negligence, assumption of a quality 

and/or durability guarantee or fraudulent concealment of a defect, 

1NCE shall be liable in accordance with the statutory provisions.

b)  In the event of slight negligence, 1NCE shall be liable without 

limitation in the event of injury to life, limb or health. In all 

other respects, 1NCE shall only be liable in the event of slight 

negligence if a cardinal obligation is breached and only for the 

foreseeable damage typical for this kind of contract. A cardinal 

obligation means an essential contractual obligation, the fulfi lment 

of which is a precondition for the proper performance of the 

contract and upon which the Customer may regularly rely.

c)  The liability for the foreseeable damage typical for this kind of 

contract to be compensated in the event of a breach of a cardinal 

obligation pursuant to lit. b) is limited to EUR 25,000.00 per 

damaging event and to EUR 100,000.00 for all damaging events 

occurring within one contract year.

d)  Any strict liability without fault of 1NCE in accordance with Section 

536a BGB for defects existing at the time of conclusion of the 

contract is excluded; the provisions of lit. a) and b) above shall 

remain unaffected.

8.3  Any liability pursuant to the provisions of the German Product Liability 

Act (Produkthaftungsgesetz) shall remain unaffected.

9.  Limitations to performance obligations: Force Majeure / 

Reservation as to availability of supplies

9.1  Neither Party shall be liable for the fulfi lment of its obligations if 

such fulfi lment is prevented by force majeure. This includes events 

which are unforeseeable, irresistible and beyond the Parties’ control, 

particularly including severe weather, fl ood, landslide, earthquake, 

storm, lightning, fi re, epidemics, acts of terrorism, outbreak of military 

hostilities (whether or not war is declared), riot, explosions, strikes 

or other labour unrest, sabotage, interruptions of energy supply, 

expropriation by governmental authorities.

9.2  1NCE’s obligation to perform is also subject to the proper and timely 

availability of supplies with products or advance performances 

provided by the suppliers of 1NCE. However, this shall be subject 

to 1NCE having concluded with due care a congruent covering 

transaction with the respective supplier and the improper or untimely 

supply being not attributable to a fault of 1NCE. Products or advance 

performances in the sense of sentence 1 shall include, but are not 

limited to, services or transmission lines procured by 1NCE from other 

suppliers of telecommunications services, supplies of hardware or 

software or other technical services from third parties (e.g. electricity 

supplies).

10.  Data Protection / Confi dentiality
10.1 The Parties undertake to process any personal data transferred to 

them by the respective other Party in the context of establishing 

and implementing the contractual relationship in accordance with 

the applicable legal provisions, in particular the provisions of the EU 

General Data Protection Regulation (GDPR) and the Federal Data 

Protection Act (Bundesdatenschutzgesetz).

10.2 The Parties also undertake to treat all other confi dential information 

of the other Party that the receiving Party becomes aware of in 

connection with the contractual relationship as strictly confi dential 

and not to disclose such information to any third party for an unlimited 

period.

10.3 1NCE uses the payment service provider Stripe Payments Europe 

Ltd, The One Building, 1 Grand Canal Street Lower, Dublin 2, Ireland 

(hereinafter referred to as “Stripe”) for payment processing (see 

Sections 5.1 and 5.2 of these GTC). All (personal) data provided by 

the Customer during the payment process will be processed by Stripe 

and in some cases also be collected directly by Stripe. For further 

information on Stripe’s data protection, the Customer may refer to 

Stripe’s privacy policy, which is currently available at: https://stripe.

com/de/privacy.

10.4 1NCE points out that it uses the usage data arising within the 

framework of the implementation of the contractual relationships with 

all customers in anonymous and aggregated form for its own statistical 

purposes. This is done for the purposes of network capacity planning 

as well as for continuous quality assurance and improvement of the 

services provided by 1NCE.

11.  Amendment of these General Terms and Conditions
11.1 1NCE shall be entitled to unilaterally amend these GTC – to the extent 

they are included in the contractual relationship with the Customer 

– insofar as this is to be considered appropriate or necessary for 

adapting to a change of law or court rulings or other market conditions, 

in particular technical conditions.

11.2 To the extent 1NCE intends to make such an amendment to these 

GTC which does not exclusively relate to an adaptation to statutory law 

or administrative orders, 1NCE shall notify the Customer of this in text 

form at least six weeks before the amendment becomes effective. The 

Customer is entitled to terminate the contractual relationship with effect 

from the effective date of the relevant amendment. If the Customer 

does not terminate within six weeks after receipt of the amendment 

notifi cation from 1NCE in text form, the relevant amendment shall 

become an integral part of the contract at the time it becomes effective. 

1NCE shall inform the Customer of this legal consequence in the 

amendment notifi cation.

12.  Mandatory information under telecommunications law
12.1 Information on the procedures established by 1NCE to measure and 

control traffi c to avoid full capacity utilization or congestion of a network 

connection and information on the possible effects thereof can be 

found on the internet at https://1nce.com/en/imprint/ (see the entry 

“Mandatory information under telecommunications law”).

12.2 A list of measures 1NCE can take to respond to security or integrity 

violations or threats or vulnerabilities can be found on the internet at 

https://1nce.com/en/imprint/ (see the entry “Mandatory information 

under telecommunications law”).

12.3 In the event of a dispute between the Parties about one of the cases 

mentioned in Section 47a TKG, the Customer may, following a 

prior attempt to reach an agreement with 1NCE, initiate arbitration 

proceedings at the Consumer Arbitration Offi ce for Telecommunications 

(Verbraucherschlichtungsstelle Telekommunikation) of the Federal 

Network Agency (Bundesnetzagentur) in Bonn by means of an 

application.

12.4 The Customer may request that

a)  the use of its network access for certain number ranges is blocked 

free of charge on the network side, to the extent this is technically 

possible for 1NCE; and

b)  the identifi cation of its mobile phone connection for the use 

and billing of a service provided in addition to the connection is 

blocked free of charge on the network side.

13.  Final provisions
13.1 The Customer may only assign or transfer claims, rights or obligations 

arising out of the contractual relationship to a third party after prior 

consent of 1NCE in text form. Section 354a of the German Commercial 

Code (Handelsgesetzbuch) remains unaffected.

13.2 1NCE shall be entitled at any time to have the Services rendered in 

whole or in part by subcontractors. In this case, however, 1NCE fully 

remains responsible for the provision of the Services in relation to the 

Customer.

13.3 If any provision of these GTC is invalid, the remaining provisions shall 

remain unaffected. The invalid provision shall be replaced by the 

applicable statutory provisions.

13.4 The law of the Federal Republic of Germany shall apply to these GTC 

and all legal relations between 1NCE and the Customer, excluding the 

provisions of international private law which refer to another jurisdiction 

and the UN Convention on Contracts for the International Sale of 

Goods (CISG).

13.5 In business transactions with merchants, legal entities under public 

law or special funds under public law, Cologne, Germany, is the place 

of jurisdiction for all legal disputes arising out of or in connection with 

the contractual relationship between the Parties. A potential exclusive 

place of jurisdiction shall remain unaffected.