Terms and Conditions

The purpose of Cervis' solution offered here is to provide stable, reliable, and as failure-free as possible Internet for business customers.

1.      Overview / Significance:

a.     Terms and Conditions: Please read these Terms and Conditions ("Terms and Conditions") carefully before signing the contract.

b.     The contracting parties are Cervis GmbH (hereinafter referred to as Cervis), Sofienstraße 30, 68794 Oberhausen-Rheinhausen (Mannheim District Court HRB No. 250 809) and the customer, who is not a consumer within the meaning of § 13 BGB. Hereinafter, Cervis GmbH will be referred to as "Cervis", "we", "us" or "our".

c.     Our product "stable internet" provides you with fail-safe internet and therefore qualifies as a subscription. This means that the provision of this reliable internet is billed in regular cycles and automatically renewed at the end of the current subscription period unless you cancel it before the automatic renewal.

d.     Privacy: You can find information about how we collect and process personal data in our Privacy Policy.

2.     The essential agreements between Cervis and you:

a.     These terms represent a legal agreement between you or the legal entity you represent (e.g. a GmbH) and Cervis. If you use our product on behalf of a company, you agree to these terms on behalf of that company and declare that you are authorized to act on behalf of that company and commit to complying with these terms.
By accepting our offer, you agree to and accept to be bound by these terms. This also applies if you continue to use your booked fail-safe internet connection, even if, for whatever reason, no signed contract is in place or a cancellation has been issued.

b.     The product "Stabiles Internet" consists of the following products/services:

                                               i.     The purely digital contract conclusion takes place via a platform that enables you to conclude and sign the contract legally directly upon receipt of the offer email. You will receive a copy of the digitally signed offer sent to your selected email address. This transmission is, due to the commonly used email technology, partially unencrypted. By requesting an offer, whether verbally, via our website, in writing by email, or through any other means, you accept this type of offer receipt and transmission method by email, acknowledging the potential risk of third-party interception of your data transmission.

                                             ii.     To provide our "Stabiles Internet" product, i.e., reliable and fail-safe internet at your location, we provide you with one or more additional internet connections. This can be done either via mobile data technologies such as LTE or 5G, or through a fixed, location-bound connection based on DSL, coaxial cable, or fiber-optic technologies. If an additional fixed connection is provided by Cervis, we will forward your address data to a cooperating company or a telecommunications provider that initiates the contracts and provides the connections for Cervis. Our privacy agreements ensure that your address data is used exclusively for the purpose of providing a connection. By signing your offer, you consent to this data transfer.

                                             iii.     For the on-site installation of the necessary hardware at your location, we will arrange an installation appointment with you. This installation will be carried out by an independent IT installation company contracted by Cervis. The company uses the Cervis-provided app to document the operation at your location. Using this app, the technician may take photos of the router location or speed tests to assess the quality of the internet line at your location, as well as other photos needed for later traceability of the installation (e.g., structural conditions). By signing the offer, you accept that we may create such documentation and that we may forward your address and contact details to the selected technician or the technician's company. You also agree that the technician may contact you to schedule an appointment and that the technician will have access to the necessary rooms. We assure you that your data will never be used for any purpose other than for product-related purposes. Due to the privacy agreements we have with our partners, this obligation also applies to the technician and their company.

                                             iv.     To achieve bundling of these internet connections into a fail-safe internet connection at your location, we use, among other things, SD-WAN routers capable of VPN. This and any other technology installed by us will never monitor, record, log, or store your internet traffic, user behavior, or metadata. Therefore, no transmission to third parties will occur from Cervis. We exclude any liability for a potential security vulnerability in the deployed hardware, hidden tracking software unknown to us, or hacking attacks and any resulting consequential damages to you or third parties. You accept this by signing the offer.

                                             v.     By using this hardware at your location, your internet traffic is encrypted between your connection and the connected data center. In addition to increased security for you, this also means that your location will no longer be transmitted. Instead of your actual location, your connection partners, if necessary, will only see the data center associated with your location. This may lead to limitations when using external services that rely on location tracking.

                                             vi.     The hardware installed at your location remains the property of Cervis throughout the usage period. Accordingly, you are obligated to either return it to Cervis at the end of the contract, for any reason, or allow a person sent by Cervis to dismantle and take it. You also agree that especially cables laid during the initial installation, or any other interventions such as wall breakthroughs for external antennas, etc., may remain after dismantling, and you bear any associated restoration costs.

                                             vii.     Occasionally, we may need to replace the hardware or a SIM card within the hardware. In such cases, you permit us to schedule an on-site appointment with you and allow access to the hardware.

                                             viii.     By signing the offer, you confirm that you have taken note of and accept all these points and circumstances.

3. Contracts and Offers

-       Unless otherwise agreed, the contract comes into effect upon receipt of the order confirmation, or at the latest with the provision of the service, i.e., the installation at the customer's location by Cervis.

-       All offers made by Cervis are subject to change, unless expressly stated otherwise in the offer. Cervis reserves the right to make minor technical deviations from the offer even after the customer's acceptance of the offer.

4. Contract Duration / Termination / Missing Payments / Miscellaneous

1. Contract Duration, Cancellation Periods

-       Our initial contract period is generally 2 years. If your first use of the product does not start at the beginning of the month, this first month will be billed on a pro-rata basis. In such cases, the contract term may slightly exceed the stated 24 months, and we will fully deliver and bill for our service in the last month of the contract term.

-       After the expiration of your initial contract period, your subscription will be automatically renewed for three months. It is possible that, upon renewal, a different monthly price may be charged, corresponding to the prices valid at that time.

-       You have the right to terminate the contract after 24 months with a notice period of 3 months, beginning at the end of the month in which the termination is declared.

2. Billing

-       Billing is done regularly before or at the beginning of the billing period on a monthly basis.

-       You confirm that you are authorized to use your specified payment method, that the corresponding payment information is truthful and correct, and you authorize us to charge the specified payment method and bill for the services you have selected.

-       We reserve the right to retry failed payments and to change or add authorized payment providers that assist in the payment process.

-       We reserve the right to check credit card payments before the contract is concluded.

-       Payment is made according to the payment method you selected.

-       All quoted prices are net, plus the applicable VAT.

3. Right of Withdrawal / Cancellation / Restoration to Original Condition

-       Deviating from the time of the initial contract conclusion, both parties may withdraw from the contract within 14 days after the installation at the customer's location without giving any reason.

-       If the contract is withdrawn within this period, the installation fee will still be charged. However, any billed monthly fee will be refunded. A technician will then come to your site to uninstall the installed hardware and, if available, reconnect the original internet. Up to 3 on-site working hours are included. Additional working hours must be billed directly to the customer by the technician.

-       Due to the complexity of modern systems, it may happen that a system used by the customer no longer functions as it did before the installation, even though we only worked on the internet access for the systems. We will, of course, make every effort to restore everything to its original condition, but aside from the mentioned time on-site for the uninstallation, we take no responsibility that everything will run as it did before.

-       Similarly, it is possible that certain structural changes cannot be undone due to the lack of sufficient included time for uninstallation, e.g., in the case of cable installation with cable channels and wall penetrations. Cervis only offers the time included in the uninstallation for such restoration, and additional activities must be billed to the technician.

-       You have the right to cancel the contract if you do not accept a price increase. This leads to a timely termination as described. If Cervis is unable to dismantle the product due to a lack of customer cooperation (e.g., no response to inquiries or repeated postponement of the dismantling date), or if the product continues to be used by the customer, whether intentionally or unintentionally, the contract term will be extended accordingly, and the cancellation will be considered void. In this case, the customer is obliged to issue a new cancellation within the corresponding time frame and allow Cervis to dismantle the product within the new contract term.

-       The end of the contract and the exact dismantling date often differ. If this is the case, the dismantling date will be considered the actual end of the contract, and any overpaid or underpaid amounts will be refunded or charged accordingly.

-       A late dismantling by Cervis for which Cervis is responsible will not result in an extension of the customer's contract.

4. Payments and Missing Payments

-       You agree to pay all chargeable amounts for our “Stabiles Internet” solution, including any applicable taxes associated with the purchase of the solution. This also applies to recurring monthly payments.

-       In the event of a missing or incomplete payment, we reserve the right to limit your internet connection speed or completely deactivate the connection 30 days after the payment is due. Once full payment is received, Cervis will reactivate the service as quickly as possible. We assume no liability for any consequential damages caused by these actions, whether to you or third parties.

-       If such a case occurs and a (partial) payment is missed, leading to Cervis limiting the service, the customer is still fully obligated to make payments throughout the contract period. Therefore, the customer has no right to any (partial) refund of the monthly payments due to the reaction of Cervis to limit or deactivate the service as a result of the customer's own actions.

-       Cervis reserves the right to terminate the contract early in the event of missing payments.

5. Miscellaneous

-       You will receive a monthly email from us detailing the invoice amount. Cervis cannot guarantee the receipt and delivery of this email.

-       The prices displayed on our website at the time of the first contract conclusion may change. If the price has changed upon renewal, the current (i.e., changed) price will be charged at the time of renewal.

-       By signing our offer, you also agree to the automatic renewal of the services and accept our terms and privacy policies.

Availability of Our Product at the Customer’s Location

It is possible that your location does not meet the necessary requirements for operating our product as intended. For example, there may be no available internet connections, insufficient internet speed, or inadequate reliability. Although Cervis attempts to check this as thoroughly as possible in advance, it is possible that you will receive an offer from us even though our "Stabiles Internet" solution does not function sufficiently well or at all at your location. Similarly, it is possible that an additional internet line that was previously usable suddenly becomes restricted or unavailable long after the installation. In such cases, Cervis reserves the right to cancel the contract and dismantle the product. Any incurred and billed costs will not be refunded.

Disclaimer of Warranties / Internet Connection Availability

We make no guarantees or warranties that our solution is completely free of defects, errors, or disruptions, such as downtime, data loss, corrupted data, delays in services, inaccuracies, outdated information, or other problems. In exceptional cases and on a limited basis, our product may occasionally be unavailable due to telecommunications or software errors, or human, digital, mechanical, or other errors. We cannot predict or control when such downtime may occur, nor can we control its duration.

We make no representations or warranties concerning the completeness, accuracy, suitability, functionality, availability, or operation of the product or solution. You acknowledge that we have no control over the concurrent functionality of the internet connections used at your location, and we accept no liability for performance issues, outages, or other consequences arising from the use of our product, whether due to force majeure or any other reason.

You assume all risks and full responsibility for your use of our product, as well as for any loss of data or information that may result from your use.

To the extent permitted by applicable law, we disclaim all express or implied warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement, as well as warranties arising from trade usage or performance.

Without limitation of the foregoing, we make no representation or warranty that your use of our product will not infringe on the rights of third parties, that the product will be available for use, or that the operation of the service/product will be error-free and uninterrupted.

Limitation of Liability

The use, transmission, and retrieval of data and/or content on the internet or reliance on such data or content carry risks. We strongly recommend that you acknowledge these risks before using our product. We assume no responsibility for the use of our product.

You use our product at your own risk. Neither Cervis nor its officers or directors can be held liable for any direct or indirect damage, punitive damage, consequential damage, special damage, or any other damage (including but not limited to loss of business, loss of profits, business interruption, cost coverage, or any other compensation for damages) resulting from the use of our product or in connection with it in any way, whether arising from a contract, tort, strict liability, or any other legal theory, even if we have been informed of the possibility of such damages. In any case, Cervis’s total liability arising from or in connection with these terms will never exceed the amount you have paid to Cervis in the six months prior to the event that may give rise to such liability, and it does not include attorneys' fees or court costs, regardless of laws or statutes to the contrary.

Indemnification

You agree to indemnify, defend, and hold harmless Cervis, its parent and subsidiary companies, affiliates, officers, directors, employees, agents, distributors, and licensors from and against any losses, damages, judgments, deficiencies, claims, costs, liabilities, demands, expenses, and lawsuits (including, but not limited to, attorney fees, expert fees, and expenses) arising out of or in any way related to your breach of these terms, your use of our solution, your violation of applicable laws, rules, or regulations, or any negligence or misconduct on your part. We are not liable for any delays or interruptions in your use of our solution, including any resulting damages, caused by circumstances falling under this section.

Waiver of Class Action

To the extent permitted by applicable law, you agree that you will only bring claims against Cervis in your individual capacity, and never as a plaintiff or class member in any purported class or representative action. Unless you and Cervis agree otherwise in writing, no arbitrator or judge may consolidate claims from multiple persons or otherwise preside over any form of a class or representative proceeding.

Severability Clause

Should any provision of these terms be or become invalid or unenforceable after the conclusion of the contract, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision, the valid and enforceable provision shall apply that most closely approximates the economic intent pursued by the parties with the invalid or unenforceable provision.

User Account / Data

-       To use our product and retrieve invoices, we will set up an account for you (or you may do so yourself) and provide certain information such as email address, password, billing information, country, etc. All information you provide must be complete, accurate, truthful, and up to date.

-       Confidentiality and Account Access: You agree to take full responsibility for all uses and activities that occur under your account, including, but not limited to, use of the account by another person, whether authorized by you or not. This is particularly important because you are responsible for entering correct payment information and any damages that may result from the failure to do so.

Your Obligations

You are responsible for providing Cervis personnel or their agents with access to the premises and buildings, to the extent necessary for conducting testing, installation, and maintenance work, at your own expense.

You agree to not use any additional internet connections provided by Cervis under any circumstances directly, but only in conjunction with our VPN router and the fail-safe internet connection it provides. Accordingly, neither a theoretically usable Wi-Fi connection nor an unencrypted cable connection running directly through this additional internet connection may be used. Labels on the devices will remind you of this restriction. This ensures that data sent over the Cervis internet connection is never readable, traceable, or usable by a third party or internet provider. Should any damage occur due to non-compliance with this, Cervis assumes no liability for damages to the customer, their employees, or third parties.

The customer also agrees not to modify the cabling or any other modifications to the hardware installed by Cervis. The only exception is if the customer decides to use their own “primary” internet connection instead of the VPN access provided by Cervis via the SD-Wan router. Cervis assumes no liability for the functionality of modifications made by the customer or for any damages that may result. Any other modification of the installation by Cervis will be considered misuse and may result in the immediate termination of the service. Cervis assumes no liability for damages arising from such modifications or the termination of service.

Prohibited and Restricted Use of Our Product / Services

The product we provide is subject to the applicable terms and laws and regulations. We reserve the right, at our sole discretion, to suspend and/or terminate the service at any time with or without notice if you violate applicable laws or these terms, whether due to repeated violations or a single instance.

When using our product, you agree not to carry out and/or enable others to carry out any of the following activities:

•      Using, supporting, encouraging, or enabling the use of the connection for unlawful, illegal, criminal, or fraudulent activities, including but not limited to port scanning, sending spam, sending opt-in emails, scanning for open relays or open proxies, sending unsolicited emails or any version or type of emails in bulk, even if the email is relayed through third-party servers, launching any pop-ups, using stolen credit cards, credit card fraud, financial fraud, cryptocurrency fraud, extortion, coercion, blackmail, kidnapping, rape, murder, selling stolen credit cards, selling stolen goods, offering or selling prohibited goods or dual-use goods, offering or selling narcotics, identity theft, hacking, pharming, phishing, scraping in any form or scope, digital piracy, distributed denial-of-service (DDoS) attacks, and other similar activities;

•      Using the services/websites for military purposes, including cyber warfare, weapons development, missile design, manufacture, or production of nuclear, chemical, or biological weapons;

•      Attacking, disrupting, or gaining unauthorized access to any network, computer, or node of our services/websites;

•      Communicating, transmitting, storing, providing, or sharing unlawful, abusive, harassing, or otherwise inappropriate material;

•      Transmitting viruses or other computer codes, files, commands, or technological means that disrupt, damage, or impair the use of computers or related systems;

•      Interfering with or disrupting the integrity or performance of our product;

•      Taking any action that could impose an unreasonable or disproportionately large load on our infrastructure;

•      Selling, reselling, transferring, assigning, distributing, or otherwise commercially using or providing our product to third parties in any way;

•      Claiming to be an agent or representative of our product, including any of its functions;

•      Threatening, stalking, harassing, or otherwise violating the rights of others or promoting bigotry or discrimination;

•      Attempting to gain unauthorized access to the services, accounts, computer systems, or networks associated with the services, through hacking, password mining, brute force, or other means;

•      Violating ethical or moral standards, norms of good conduct, or standards of fair behavior;

•      Using the product for any purpose other than lawful purposes;

•      Exhibiting persistently disrespectful, threatening, abusive, and/or malicious behavior in communications with our customer support or other staff members;

•      Sharing non-public features or content of the software and/or services with third parties;

It is your responsibility to understand and comply with all relevant laws regarding the jurisdiction or court where you, your actions, and your use of our product may apply.

Other

-       By accepting the contract, you acknowledge that we are neither a social network nor another hosting service, nor are we a tool for locating information or a caching service. Therefore, we cannot respond to, for example, reports of alleged copyright violations that apply to other services under the subsections of national laws of EU member states implementing Articles 13 and 14 of Directive 2000/31/EC on electronic commerce or other analogous provisions of laws in other countries.

-       With the "Stabiles Internet" solution, we offer internet services that are partly subject to the German Telemedia Act (TMG). Specifically, Cervis acts as a service provider solely in the sense of TMG § 8(1) and is therefore only responsible for the access and transmission of third-party information.

-       To the extent legally permissible, you as the user of the solution confirm that Cervis, as the provider of the "Stabiles Internet" product, is only responsible for transmitting information and not for any resulting consequences. Therefore, § 8(1) of the TMG applies to Cervis and the solution provided.

-       The electricity needed to operate our product or machinery during installation, as well as the required grounding and related earthing, must be provided at the customer's expense.

-       Appropriate rooms must be provided at the customer's expense to house the equipment necessary for the operation of the product, as well as the rented end devices, and these rooms must be kept in proper condition throughout the duration of the contract.

-       If the devices installed at the customer's premises for the operation of "Stabiles Internet" are damaged, whether intentionally or unintentionally, Cervis reserves the right to charge for the necessary replacement hardware.

-       We continuously develop our services by introducing new features or modifying existing ones. Additionally, we may need to update the terms from time to time to (i) comply with the law; (ii) comply with instructions/recommendations from regulatory authorities; (iii) add or remove features, services, functions, technologies, and/or benefits; (iv) correct errors and mistakes; (v) clarify the terms; (vi) prevent misuse or harm; or (vii) for other valid reasons (e.g., security). You acknowledge and agree that it is your duty to review the terms periodically to stay informed about current rules and obligations. Notification of significant changes to the terms affecting your rights or obligations will be provided in advance through appropriate means (e.g., by email). Unless otherwise stated by us, updates to the terms will become effective upon their publication. If you continue to use the services, this will be considered acceptance of the new terms. If you do not accept the new terms by informing us in writing, this may lead to contract termination.

-       Any general terms and conditions of the customer, even if attached to offer requests, orders, declarations of acceptance, etc., will not become part of the contract.

-       Deviating provisions require written form. The assumption of a guarantee for specific properties (condition) also requires written confirmation from Cervis to be effective.

Limitation of Liability

The use, transmission, and retrieval of data and/or content on the internet, or reliance on such data or content, carries risks. We strongly advise you to consider these risks before using our product. We disclaim any responsibility for the use of our product.

You use our product at your own risk. Neither Cervis, nor its officers or directors can be held liable for any direct or indirect damage, punitive damage, consequential damage, special damage, or any other damage (including, but not limited to, business loss, loss of profit, business interruption, coverage costs, or any other compensation) arising from the use of our product, or in any way connected with it, whether based on contract, tort, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages. In any event, Cervis' total liability arising out of or in connection with these terms will never exceed what you have paid to Cervis in the six months prior to the event that could lead to such liability and does not include attorney's fees or court costs, regardless of laws or statutes stating otherwise. You acknowledge that the fees paid by you or your company for our service reflect the allocation of risks as outlined in these terms and that without these liability limitations, we would never have entered into a contract allowing you to use our product.

 

Indemnification

You agree to indemnify, defend, and hold harmless Cervis, its parent and subsidiary companies, affiliates, officers, directors, employees, agents, distributors, and licensees from and against any losses, damages, judgments, deficiencies, claims, costs, liabilities, demands, expenses, and lawsuits (including but not limited to attorneys' fees, expert fees, and expenses) arising out of or in any way connected with your breach of these terms, your use of our solution, your violation of applicable laws, rules, and regulations, or your negligence or misconduct. We are not liable for delays or disruptions in your use of our solution, including resulting damages caused by circumstances that fall under this section.

 

Waiver of Class Action

To the extent permitted by applicable law, you agree that you will only assert claims against Cervis in your individual capacity and never as a plaintiff or class member in any potential class or representative action. Unless you and Cervis agree otherwise in writing, no arbitrator or judge may consolidate claims of multiple individuals or conduct any form of class action or representative proceeding.

 

Severability Clause "Should any provision of these terms be invalid or unenforceable, or become invalid or unenforceable after the contract is concluded, the validity of the remaining provisions shall not be affected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision that comes closest to the economic objective pursued by the parties with the invalid or unenforceable provision."