General Terms and Conditions for SIPONA

1. provider and scope of application

These General Terms and Conditions apply to contracts for the use of the SIPONA platform with dus.net GmbH.

SIPONA is aimed at companies, organisations, public institutions and consumers. For consumers, the statutory consumer protection rights apply in addition, in particular the cancellation policy in these GTC.

Deviating terms and conditions of the customer shall only apply if we expressly agree to them in text form.

2. subject matter of the contract

SIPONA is a browser-based communication and collaboration platform. Depending on the package booked, it includes chat, video and voice meetings, screen sharing, presence display, telephony functions, file attachments and optional extensions such as projects, tasks, document management, fax functions and CRM areas.

The specific scope of services depends on the package selected in the order portal, such as SIPONA Meet, SIPONA Team or SIPONA Enterprise, as well as any additional options booked. The details in the order process at the time of ordering are decisive.

SIPONA is provided as a web app. A certain quality, availability, integration capability or a certain economic success is only owed if this has been expressly agreed.

3 Conclusion of contract and order

The presentation of packages, prices and options on the website or in the order portal does not constitute a binding contractual offer. The customer submits a binding offer when they complete the order in the order portal or otherwise confirm an order in text form.

The contract is concluded when we accept the order, activate access or start providing the service.

The customer is obliged to provide correct and complete information during the ordering process. Changes that are relevant for the contract, invoice, SEPA mandate, telephone numbers or local network reference must be communicated to us immediately.

4. prices, taxes and invoicing

The prices depend on the package selected in the order portal, the number of licensed users, the billing period and the additional options booked. Introductory prices are only valid for the specified period.

If prices are shown as net prices, the statutory value added tax shall be added. The gross prices shown in the order process apply to consumers, provided that gross prices are displayed there.

In the case of monthly payment, billing is monthly. In the case of annual payment, billing is for the agreed annual period; this also results in an annual contract.

5. payment by bank transfer or SEPA mandate

Payments are made exclusively by bank transfer or by SEPA direct debit mandate. Other payment methods are only offered if they are expressly selectable in the order process.

Invoices must be paid within the payment term stated on the invoice. If no payment term is specified, the invoice amount is due within 14 calendar days of receipt of the invoice.

In the case of SEPA direct debits, the customer is obliged to ensure that sufficient funds are available in the account. We may charge the actual amount of any return debit costs for which the customer is responsible.

If the customer is in default of payment, the statutory consequences of default shall apply. We may send the customer a reminder and set a reasonable grace period.

6 Term and cancellation

In the case of monthly payment, the contract runs for an indefinite period and can be cancelled with seven days' notice to the end of the current calendar month.

In the case of annual payment, an annual contract is concluded. The cancellation period is 30 days to the end of the respective contract term.

The right to extraordinary cancellation for good cause remains unaffected. Good cause may exist, in particular, if the customer remains in arrears with significant payments despite a reminder and a reasonable grace period or if the customer makes significant misuse of the platform.

Cancellations must be made at least in text form, unless another cancellation option is provided in the order portal or in SIPONA.

7. telephone numbers, telephony and local network reference

Telephony and telephone number services require that the necessary information and proofs are complete and correct. This applies in particular to the local network reference for fixed network numbers as well as proof of identity and address, insofar as these are required.

One landline telephone number per licensed user is provided from the local network of the company headquarters or the specified authorised address, provided that the legal and technical requirements are met. Additional or international telephone numbers may be subject to separate verification and costs.

Telephone numbers are generally only made available to consumers after the 14-day cancellation period has expired, provided that the necessary documents for local network access have been submitted. If the customer wishes to be provided earlier, they must expressly declare this via a ticket in SIPONA and confirm that they have been informed of the consequences for their right of cancellation.

8. right of cancellation for consumers

Consumers generally have a statutory right of cancellation of 14 days for distance selling contracts. The period begins after conclusion of the contract and proper instruction.

To exercise the right of cancellation, a clear declaration is sufficient, for example by e-mail to the address given in the legal notice. Consumers may use the statutory model cancellation form, but are not obliged to do so.

In the case of digital services, the right of cancellation may expire in accordance with the statutory provisions if the consumer has expressly consented to us commencing the service before the expiry of the cancellation period and has confirmed his knowledge that his right of cancellation will expire upon complete fulfilment of the contract.

An express declaration by the customer via a ticket in SIPONA is required for an earlier provision of a telephone number before the cancellation period expires.

9. service changes and maintenance

We may further develop SIPONA, improve functions, install security updates and make technical adjustments, provided that this does not significantly restrict the contractually agreed scope of services.

Maintenance work may lead to temporary restrictions. As far as possible, scheduled maintenance will be carried out outside normal business hours or with reasonable advance notice.

10. blocking in the event of default or misuse

In the event of a significant delay in payment, we may temporarily block access to SIPONA or individual chargeable services if we have previously sent the customer a reminder, pointed out the possible blocking and set a reasonable grace period.

Immediate blocking remains permissible if there are concrete indications of unlawful use, misuse, endangerment of the platform, endangerment of third parties or violations of telecommunications and security regulations.

The payment obligation for fees already incurred remains unaffected by a justified blocking.

11. liability

We shall be liable without limitation in the event of intent and gross negligence, in the event of injury to life, limb or health and in accordance with mandatory statutory provisions.

In the event of a slightly negligent breach of material contractual obligations, we shall only be liable for the foreseeable damage typical of the contract. Essential contractual obligations are obligations whose fulfilment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely.

Otherwise, liability is excluded to the extent permitted by law. Liability for loss of data shall be limited to the expenditure that would have been necessary for recovery if the customer had backed up the data properly and regularly.

12. data protection and order processing

Information on the processing of personal data can be found in our Privacy policy.

Insofar as SIPONA processes personal data on behalf of the customer, the parties shall conclude an agreement on order processing, insofar as this is required by law.

13. final provisions

German law shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods. This choice of law shall only apply to consumers insofar as this does not result in the withdrawal of any mandatory consumer protection provisions of the state in which the consumer has his habitual residence.

If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be our registered office. Mandatory statutory places of jurisdiction remain unaffected.

Should a provision of these GTC be or become invalid, the validity of the remaining provisions shall remain unaffected. To the extent permitted by law, the parties shall agree on an effective provision that comes as close as possible to the economic purpose of the invalid provision.