General Terms and Conditions Localiser RLI GmbH Version 1.0
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1 Scope of application
1. 1 These General Terms and Conditions (GTC) of LOCALISER RLI GmbH
(hereinafter referred to as LOCALISER) apply to all services provided by LOCALISER RLI GmbH.
1. 2 LOCALISER provides all services exclusively on the basis of these GTC. This applies
in particular also if the customer uses general terms and conditions and these contradict or
terms and conditions and these contain conflicting or deviating terms and
conditions. In addition, only the terms and conditions specified by LOCALISER shall apply.
terms and conditions apply exclusively if Localiser is aware of terms and conditions that deviate
are known and Localiser executes an order without reservation.
2 changes
2.1 LOCALISER may amend these GTC with a reasonable period of notice.
If the customer does not object to the change within 14 days, the change is deemed to have been
approved. LOCALISER points out to the customer in the notification of change that
the change becomes effective if he/she does not object within 7 calendar days.
2.2 LOCALISER may send information and declarations concerning the contractual relationship to the customer's e-mail address,
to the customer's e-mail address. It is the responsibility of the customer to keep his/her contact
contact e-mail address up to date.
3 Services of LOCALISER RLI GmbH
3. 1 The scope of services of the individual services results from the
description of services in the offer and the price list at the time of acceptance of the offer
on the website.
3. 2. LOCALISER can change its services, as far as this is reasonable in consideration of the
interests of the customer and LOCALISER is reasonable for the customer.
3.3 The availability of the LOCALISER servers and the data paths up to the transfer point
to the Internet is at least 99 % on an annual average. Excluded from this are times
in which the corresponding servers are down due to technical or other problems,
which are beyond the control of LOCALISER (force majeure, fault of third parties, etc.).
etc.), cannot be reached.
3. 4 LOCALISER shall carry out maintenance work on its systems for the security and maintenance of the
platform, to extend the functionalities, to maintain the optimal interaction of the services and
of the services and data protection. For this purpose
may temporarily suspend or restrict its services, taking into account the interests of the customer.
discontinue or restrict its services. There must be important reasons for this. LOCALISER shall carry out
maintenance work, as far as possible, during periods of low usage. Should longer
temporary suspension or restriction of services is necessary, LOCALISER shall inform the
LOCALISER informs the customer about the type, extent and duration of the impairment, as far as this is
objectively possible under the circumstances and the information does not delay the elimination of already
would not delay the elimination of interruptions that have already occurred.
3. 5 In order to ensure the resilience, security, confidentiality, integrity and availability of the
applications and data of LOCALISER and third parties in the long term,
applications, scripts, files and links in whole or in part.
or change them. This also includes bringing forward updates or upgrades
upgrades, insofar as this is also reasonable for the customer after weighing up the interests of other customers.
reasonable for the customer.
3. 6 In the event of defects, the statutory warranty regulations shall apply.
4 right of use, retention of title, multiple use of access data
4. 1 LOCALISER grants the customer the right to use the applications provided
limited to the term of the associated contractual relationship.
right of use limited to the term of the associated contractual relationship. It is not permitted to grant third parties rights of use outside the scope of the contract.
rights of use outside the scope of the contract. In particular, a sale is therefore not permitted.
4.2 Multiple use of access data is also not permitted.
5 Terms of payment
5. 1. remuneration exclusively or to a significant extent for the Localiser platform
are to be paid in advance for the term of the contract. Payments by the customer shall be made by
transfer after transmission of the invoice.
5. 2 LOCALISER shall provide an electronic email for each payment transaction.
If the customer requests an invoice to be sent by post, LOCALISER may charge a fee of
charge a fee of 10 € per invoice.
5. 3. LOCALISER can change the prices at the beginning of the next contract period with a
reasonable notice period of at least one month. If the customer does not object
customer does not object to the change within a reasonable period of time set by LOCALISER,
the change shall be deemed approved. LOCALISER shall point out to the customer in the change
LOCALISER informs the customer that the change will become effective if he/she does not object.
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5. 4. the customer may only offset claims of LOCALISER with undisputed or legally established counterclaims.
legally established counterclaims.
5. 5. until the payment of the due remuneration by the customer, LOCALISER shall be entitled to block its services within the scope of equity.
LOCALISER shall be entitled to block its services.
5. 6. the customer shall be in default even without a reminder if he/she does not pay the amount due within
due within fourteen calendar days of receipt of the invoice, unless the invoice explicitly states
another payment term is not explicitly stated on the invoice. It is decisive that this amount
amount is received by LOCALISER within this period in the account specified in the invoice.
specified in the invoice.
5. 7. if the customer is in arrears with the payment of a monthly fee, LOCALISER can terminate the contractual relationship.
LOCALISER can terminate the contractual relationship after an unsuccessful reminder with a reasonable
payment deadline for good cause without notice.
5. 8. in case of default of payment LOCALISER may demand compensation for the resulting damage.
demand compensation for the resulting damage. LOCALISER shall be entitled to claim compensation for any costs arising from
for which the customer is responsible, LOCALISER can also demand reimbursement.
6 Obligations of the customer
6. 1. the customer is obliged to provide the necessary data completely and correctly and to inform LOCALISER immediately of any changes.
and to communicate changes immediately. This applies in particular to master
data, such as address data, e-mail address and bank data.
6. 2 The customer undertakes to change assigned passwords at appropriate intervals.
periods of time. He/she is responsible for choosing and using secure passwords.
use secure passwords. The customer shall keep his/her passwords secret.
6. 3. the customer is obliged to set up his/her applications, files and other components in such a
components in such a way that the security, confidentiality, availability, integrity and resilience
and resilience of the systems, applications, files and data of LOCALISER and other
other LOCALISER customers and third parties are not impaired or jeopardized.
6. 4. the customer further undertakes not to upload any content that is
is of an extremist (in particular right-wing extremist) nature or pornographic,
commercially erotic, violent, violence-glorifying, racist, discriminatory or
content that is harmful to minors or incites hatred. Content that incites criminal offenses
or constitute instructions for such are prohibited.
6. 5. use of the LOCALISER platform in violation of applicable law is not permitted.
is not permitted. This includes in particular Distribution of malware,
sending spam messages or for phishing, trademark and copyright infringements
copyright infringements or piracy and fraudulent or misleading practices.
6. 6. the customer shall conclude an agreement with LOCALISER on the
processing agreement pursuant to Art. 28 GDPR as soon as LOCALISER processes personal data on its behalf.
processes personal data on his/her behalf.
7 Legal consequences in the event of infringements
7.1 LOCALISER may block services and terminate the contract if systems
act or react in a way that deviates from the standard operating behavior and thereby jeopardizes the security
confidentiality, availability, integrity and resilience of the applications, files and data of
data of LOCALISER, other LOCALISER customers and third parties within the meaning of para.
6.3. are impaired. This shall also apply if LOCALISER on the basis of objective
suspicion of such an impairment.
7. 2 The claim for payment of LOCALISER continues to exist as long as for the above reasons
a service has been blocked for the above reasons.
7. 3 LOCALISER may, in case of culpable violations of the customer against obligations
from paragraph 6 of the customer, LOCALISER can demand compensation. The amount depends on
the expected damage. The parties reserve the right to prove the absence of damage,
lower or higher damages.
8. indemnification
The customer shall compensate LOCALISER for all damages resulting from a violation of the above
the above regulations, as far as he/she is responsible for this. The
compensation also includes the reasonable costs of a necessary
legal defense. LOCALISER shall inform the customer immediately if he/she or a third party asserts such claims.
third parties assert corresponding claims. Localiser shall give the customer
opportunity to comment.
9 Liability of LOCALISER
9. 1 LOCALISER shall only be liable for damages in the event of intent and gross negligence on the part of
LOCALISER or one of its vicarious agents. If LOCALISER or one of its vicarious
vicarious agents violate an essential contractual obligation (cardinal obligation) in a
contractual purpose, the liability is limited to the typical damage,
which LOCALISER could reasonably foresee at the time of the conclusion of the contract, unless the
breach of duty is intentional or grossly negligent.
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9. 2 This limitation shall not apply in the event of injury to life, limb and/or
health and in the case of liability under the Product Liability Act.
9.3 Liability, except in cases of intent and gross negligence, shall be limited to
the sum of the contractual fees paid by the customer for the period of two years prior to the
period of two years prior to the occurrence of the damaging event within the scope of the specific
contractual relationship to LOCALISER.
10 Term of contract, termination
10. 1. unless otherwise stated in the specific offer, the contract shall be automatically
automatically extended by one year as long as it is not terminated by one party with a notice period of
three months to the end of the respective term.
11 Place of jurisdiction, applicable law, out-of-court settlement of disputes
The place of jurisdiction for all disputes arising from or in connection with this contract is Berlin. For all
claims of any kind arising from or in connection with this contract shall be governed by the law of the
law of the Federal Republic of Germany. The UN Convention on Contracts for the International Sale of Goods, CISG, does not apply.
shall not apply.
(as of 05.12.2019)
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