§1 Service description, general access authorisation
- The Customer Portal offers you, amongst other things, the possibility to address support requests to DIgSILENT in a secured virtual space, to view a history of old support requests, to use a search engine for DIgSILENT products and to download installation files, manuals and other documents in a download area.
- Only companies within the meaning of § 14 of the Civil Code (Bürgerliches Gesetzbuch – BGB), legal entities under public law or special funds under public law who are existing customers of DIgSILENT are authorised to use the Customer Portal.
- The Customer Portal is only available in English. You can direct your support requests to DIgSILENT in German, English and Spanish.
- A contract for the use of the Customer Portal between you and DIgSILENT comes into effect through your registration.
$2 User account, registration, access rights
- In order to use the functions of the Customer Portal, you must log in onto the website https://www.digsilent.de (hereinafter referred to as 'Website') with your user ID and password.
- DIgSILENT shall check your registration request to ascertain whether, in particular, you meet the requirements of § 1 para. (2). In case of doubt, DIgSILENT is entitled to request further proof (e.g. presentation of the trading license).
- In the event of successful registration, you shall receive a confirmation email with your user ID and your password from DIgSILENT, which allows you to log into the Customer Portal in the future, generally within one working day.
- The data entered for the registration must be true. In the event that these details change, you are obliged to inform DIgSILENT of the change without delay via the contact form provided on the website or by email to firstname.lastname@example.org. If you provide inaccurate information for the registration or neglect to make the subsequent corrections, DIgSILENT is entitled to exclude you from further use.
- If you no longer wish to use the Customer Portal, you can delete your user account by contacting DIgSILENT via the contact form provided on the website or by email (email@example.com), and arrange for the deletion.
$3 Obligation to cooperate, prohibition of abuse, blocking a user account
- The use of the Customer Portal with the full scope of functionality requires a functioning and continuous Internet connection as well as sufficient bandwidth and the availability of a web browser. You are responsible for providing and maintaining the functionality of the Internet connection and the web browser.
- Personal access data (such as user ID/password) may not be disclosed to unauthorised third parties and is to be kept protected against access by unauthorised third parties. If there is reason to suspect that unauthorised persons have obtained information on the access data, you must contact DIgSILENT immediately and notify the latter about the unauthorised acquisition of information. In addition, you are required to log out after visiting the Customer Portal in a proper way, i.e. by clicking on the 'Logout' button. You are liable for any misuse which results from the unauthorised use of the password.
§4 Warranty and liability
- DIgSILENT is only liable for damages, irrespective of the legal reasons,
- insofar as DIgSILENT, its legal representatives or vicarious agents are guilty of wilful intent or gross negligence,
- in the case of culpable damage to life, body and health,
- in the case of defects that DIgSILENT has fraudulently concealed,
- in the case of culpable breach of essential contractual obligations,
- insofar as, according to product liability law for personal injury or property damages, liability is attached to privately used objects.
DIgSILENT is not liable for further claims for damages.
- An essential contractual obligation is an obligation wherein its fulfilment allows for the proper execution of the contract in the first place, and which the contractual partner relies on or may rely on regularly with regard to its compliance.
- However, DIgSILENT is only partially liable for the contractually-typical, reasonably foreseeable damages in the case of slightly negligent breach of essential contractual obligations (excluding wilful intent and gross negligence).
- The contractually-typical, foreseeable damages shall be estimated in the amount of the contractual value of the service concerned.
§5 Data protection
DIgSILENT shall respect and protect your personal data. Your data shall be used by DIgSILENT solely in accordance with legal provisions. You can find further information in the declaration on data protection.
- The exclusive place of jurisdiction for all claims shall be at the registered office of DIgSILENT, provided that you are a trader, a legal entity under public law or a special fund under public law.
As of: 07.05.2018