TOS – Planetary Quantum

Service

Terms of Service

A. Scope

These General Terms and Conditions of Trade (hereafter GTCT) regulate the business relationships of the company, Planetary Quantum GmbH. and its customers.
Planetary Quantum renders its services on the sole basis of its GTCT. Deviating purchase or other conditions of the contract partner are hereby expressly declared as invalid.
Ancillary agreements, assurances and other agreements as well as modifications and supplements to the contract must be made in writing to become effective.

B. General Conditions

1. Conclusion of agreement

By signing the contract the customer makes an offer to Planetary Quantum for the conclusion of a contract. He is bound to his offer for the duration of one week after receipt of the contract by Planetary Quantum.
The contract is concluded when Planetary Quantum confirms the acceptance of the request in writing within this period or has started to actually perform the services.
Offers from Planetary Quantum are always non-binding and not obligatory. Planetary Quantum can make the conclusion of a contract dependent on the submission of a written proof of authority, an advanced payment or a declaration of surety from a German bank.

For contracts with minors, the approval of the parents is necessary for an effective conclusion of contract.

If the customer is a consumer he has, amongst other things, a right of withdrawal about which he will be informed separately.

2. Termination

Provided that it is not separately regulated between the parties in the contract, the contractual relationship can be terminated after the expiry of a minimum period with a period of notice of one month at the end of the contractual month. For special and promotional offers (especially offers with an annual payment term) there may be a deviating period of notice for termination provided that it is indicated on the internet page or in the offer.
The right to extraordinary termination for good cause remains unaffected for both parties.
Termination must be made in writing to become effective.

3. Obligations of Planetary Quantum

a) Planetary Quantum offers the customers access to the existing communication infrastructure, the provision of memory space on a server, the use of added-value services, the servicing of data processing systems and communication infrastructure. The specific details and scope of the service will be concluded in the main written contract.
b) If Planetary Quantum provides free additional services beyond the contractual agreement, the services can be discontinued at any time. The aforementioned does not give the customer the right to price reductions or to claim damages or to terminate the contract.
c) Planetary Quantum has the right to change, to reduce, to add to services or to remove access to specific services offered in the contract, if the fulfilment of the contract with the customer is not or not significantly inhibited. The customers must be informed in time.
d) Planetary Quantum points out that the current state-of-the art technology does not make it possible to create hardware and software which works without error in all application combinations or can be protected against manipulation from a third party. This applies all the more so when Planetary Quantum is not involved with the creation of deployed software.
Planetary Quantum does not guarantee that the deployed hardware and software is enough for the specific requirements of the customer or is suitable for specific applications or does not crash or is error and virus free. Planetary Quantum only guarantees that the deployed hardware and software was substantially in working order, according to the performance description of each manufacturer, at the point of transfer under normal operating conditions and with normal maintenance. Planetary Quantum does not provide any type of guarantee for known product defects.

4. Duties and obligations of the customer

a) The customer shall use the services of Planetary Network for their intended purpose. In particular, he is obliged,
aa) to inform Planetary Quantum immediately about changes in the contractual basis. This includes important changes regarding the provided contact details on closure of the contract.
bb) to observe the fact that the access to Planetary Quantum services shall not be misused and that illegal/ illicit actions are prohibited. In particular, it is forbidden for the customer
to use the services of other participants of Planetary Quantum services without authorisation,
to use services which were not agreed in the contract between Planetary Quantum and the customer without authorisation,
to decode/ to decrypt, to read or to change passwords, emails, files etc. of other participants of Planetary Quantum services or system operators,
to distribute individual applications of licensed application software via Planetary Quantum services without authorisation,
to interrupt or to block communication services, for example by overloading, under the provision that it can be attributed to the customer,
to distribute or to make accessible illegal contents of every kind via services from Planetary Quantum,
this, in particular, applies to pornographic , violence glorifying contents or such contents which are aimed against the free democratic system or are aimed against understanding between nations and ethnic groups as well as propaganda material and the symbols of unconstitutional parties and groups or their substitute/ affiliate organisations,
to obtain for themselves or third parties pornographic contents, which contain sexual abuse of children.
cc) to ensure the fulfilment of legal regulations and official requirements, provided that they are at present or in the future relevant for the participation in Planetary Quantum’ network;
dd) to take into account and to follow the valid data protection stipulations and the recognised principles of data protection;
ee) to immediately indicate defects or damage (error messages) of Planetary Quantum and to take all measures which allow a determination of the defect or damage and the causes thereof or to accelerate or facilitate the elimination of the fault;
ff) to reimburse and compensate Planetary Quantum for a submitted fault claim (error message) after the examination by Planetary Quantum or commissioned third parties, if, and provided that, after the examination it becomes known a fault came about in the customers sphere of responsibility (outside the defined scope of the contract and scope of performance).
b) If the customer violates the stipulated obligations and duties under a) bb) and a) cc), Planetary Quantum has the right to immediately terminate the contract without observance of the period of notice or after unsuccessful reminders/ demands for action.
c) If the customer violates the stipulated prohibition under a) bb) which forbids the distribution and or making available of illegal contents, in particular pornographic or defamatory contents, a contractual penalty of 5000 € must be paid to Planetary Quantum for each individual case of violation and without an additional claim being made.
d) In the case of contractual violation (especially the above-mentioned points) the customer shall reimburse Planetary Quantum for the costs caused (direct or indirect) and shall indemnify and hold Planetary Quantum harmless against any claims for damages or other costs from third parties.
e) Details of a collaboration of the users may be agreed, in partnership, between one another by means of a Users‘ Rules Agreement.
f) In the case of a customer violation of a) bb) and a) cc) Planetary Quantum has the right , in addition to immediate termination of the contract, to block access to the services within the scope of performance and to change or delete the relevant content with immediate effect and from the point of the customer’s violation becoming known.
g) The customer shall make back-ups from his internet presence, in suitable intervals, of all content, which may not be saved on the Webserver. Thus, in the framework of his obligation to limit damage, he contributes to the fact that the internet presence in the case of a systems failure can be recovered quickly and at a low cost.

The customer can only rely on Planetary Quantum making back-ups if this performance characteristic is an explicit part of the main contract (e.g. on commissioning the service “Back-up Service”).

5. Liability

a) Planetary Quantum is liable in accordance with the legal stipulations for material and statutory defects and deficiencies. If business persons have solely closed the contract, §§ 377ff. HGB (German Commercial Code) shall apply.
b) In addition to liability for material and statutory defects and deficiencies, Planetary Quantum only has full liability if the cause of the damage is intentional or grossly negligent. Planetary Quantum is also liable for slightly negligent violations of significant obligations (obligations whose violation endangers the fulfilment of the purpose of the contract) and for the violation of essential obligations (obligations whose fulfilment makes possible the orderly implementation of the contract and on the observance of which the customer regularly relies upon) – however, in each case, only for the predictable contractually typical damage. Planetary Quantum shall not be held liable for light breach of other duties.

The liability for consequential damages, incidental damages or lost profit shall be excluded. In addition Planetary Quantum’ liability, because of delay in performance, shall be limited to the customer’s yearly contribution and instead of providing the service (performance of the contract) the damages shall be limited to the equivalent of two years’ gross contributions. Other customer claims, even after a period of notice requiring Planetary Quantum to perform are excluded (barred)

c) The limits to liability in Paragraph 2 are not valid for loss of life, physical injury, damage to the health, or for the acceptance of a guarantee on the characteristics of the product and for fraudulently withheld defects. The liability, in accordance with the Product Liability Act, remains unaffected.
d) If the liability of Planetary Quantum is excluded or limited, this shall also apply to the personal liability of its employees, representatives and auxiliary persons.
e) The customer is liable for all consequences and disadvantages affecting Planetary Quantum, or third parties, which result from the misuse or illegal use of Planetary Quantum’ services or are the result of the customer not fulfilling his obligations.

6. Security deposit in the case of claims by third parties

a) If Planetary Quantum is demanded by a third party, due to apparent violation of external rights, to surrender, to block, to transfer or to allow access to a domain or to the customer’s hardware or data, it is allowed to do this to avoid risks to liability if
aa) the demands of the third party do not seem to have an invalid reason and
bb) the customer does not provide an immediate security deposit for the possible costs of the legal dispute (lawyer and court costs) in a suitable form and sufficient amount (at least 7.500€).
b) Planetary Quantum will inform the customer about all of these measures.

7. Use by third parties

a) A direct or immediate use of Planetary Quantum‘ services by third parties, for example, which are connected with the customer or his employees or auxiliaries/ other persons is not permitted. The customer shall only use the services for his purposes and not resell or sublease.
b) The stipulation under a) shall not apply to resellers. These must be clearly indicated on closure of the contract.

Resellers have to instruct third parties properly on the use of the services. The Reseller is completely responsible for the observance of Planetary Quantum’ contractual stipulations by third parties in the same way as he has to observe these stipulations himself.

c) The reseller has to pay the fees which are incurred by third parties in the framework of his provided access possibilities and possibilities of use. The same applies for the unauthorised use of the services by third parties, unless the reseller can prove that the unauthorised use is the result of a circumvention or avoidance of Planetary Quantum‘ security system/ protection system without him causing this.

8. Conditions of payment

a) Provided that it is not otherwise contractually agreed, Planetary Quantum shall invoice (with sales tax/ value-added tax) the customer for the agreed services with the valid tariff (rate) or charges or conditions. Invoicing shall always be at the beginning of the following month. The invoice shall be sent in electronic form by email to the provided email address, unless the customer has decided for an invoice which should be sent via the post. The amount owed shall be paid on receipt of the invoice and without any deductions.
b) If the payment is not dependent on use for parts of a calendar month, this will be calculated for every day with 1/30 of the monthly payment.
c) With contracts that limit data transfer and memory volume, the customer shall pay for the exceedance of the volume after invoicing.
d) Service and communication costs (telephone charges) between the customer and Planetary Quantum‘ connection point shall be borne by the customer.

9. Off-Setting and right of retention, disturbance of the service

a) The customer may only off-set costs and charges against the claims and demands of Planetary Quantum if the claims are undisputed or legally binding. The customer only has the right to apply a right of retention because of such contrary demands, which result from the same contractual agreement as those claims whose right of retention will be invoked.
b) If a significant disturbance of Planetary Quantum‘ services lasts for longer than a week and thereby an actual downtime period of more than working day, the customer has the right to reduce the monthly payments and charges accordingly from the start of the hindrance to the elimination of the hindrance. A significant hindrance exists when
aa) the customer for reasons, which he cannot attribute to himself or to third parties, cannot access Planetary Quantum‘ Infrastructure and thereby cannot use the services indicated in the contract and
bb) make significantly difficult the use of these services or if the use of individually indicated services in the contract becomes impossible or there are comparable hindrances.
c) A reduction is excluded in case of failures of services because of a disturbance which lies outside Planetary Quantum‘ area of responsibility. The same applies for the failure of services because of operational interruption according to No. B.10 of these GTCT.

10. Availability of services

Planetary Quantum offers its services 24 hours a day 7 days per week. Necessary operational interruptions for preventative servicing will be announced as early as possible. Planetary Quantum will eliminate disturbances in its technical facilities within the existing technical and operational possibilities as soon as possible.

If the customer exceeds the contractually agreed capacity limits (e.g. memory space, data volume), he is solely responsible for the resulting availability limitations of the offered services.

11. Default in payment

If there is a default in payment, Planetary Quantum has the right to demand penalty interest at 5% above the legally set annual base interest rate for that time or for customers who are not consumers, as defined by the BGB (German Civil Code), to set the interest rate at 8% above the annual base interest rate for that time. If Planetary Quantum is able to prove damages of a higher amount caused by a default in payment it can demand higher amounts for the incurred damage.

Planetary Quantum can terminate the contractual relationship extraordinarily without observing a period of notification or apply a right of retention on the above-mentioned services, particularly the access to the domain, the connection of the server to the network or to interrupt customer’s cable connections, if the customer has defaulted in payment fully or partially for longer than two months, Planetary Quantum has reminded the customer with a period of notice and has indicated the possible consequences of a termination and the rights of retention. Planetary Quantum then has the right to remove registration and to release a contractually agreed domain.
Planetary Quantum keeps its right to exercise other rights.

12. Confidentiality / data protection

The contract partner is hereby informed according to § 33 paragraph 1 of the Federal Data Protection Act (BDSG) (FDPA) and § 3 of the Teleservice Data Protection Act, that Planetary Quantum’ personal data is in a machine-readable form and that tasks which result from the contract are electronically processed.
If Planetary Quantum uses third parties for the fulfilment of the offered services, Planetary Quantum has the right to disclose the participant’s data under observation of § 28 BDSG (FDPA). In addition, apart from that, Planetary Quantum has this right in cases in which the recognition, limitation and removal of disturbances and errors in the systems from Planetary Quantum, as well as in the used systems of third parties, make the transfer of data necessary.
Planetary Quantum declares that employees, which are deployed in the framework of the contract, are obliged to observe data secrecy, in accordance with §5BDSG (FDPA), and that Planetary Quantum, in accordance with §9 BDSG (FDPA), has taken the required technical and organisational measures in order to guarantee the execution of the BDSG (FDPA) regulations.

C. Special stipulations
regarding individual service offers

Domain management

a) Domain registration

Planetary Quantum cannot guarantee that the customer’s ordered domain name can actually be registered at the responsible registration point. It can also not guarantee that allocated domains are free from the rights of third parties or endure for the long term.

With the acquisition and maintenance of domains, Planetary Quantum is only active as an agent for the relationship between the customer and each responsible organisation for the domain allocation. The different top level domains (e.g. .de) are administered by numerous, different, and mostly national organisations. Every organisation which allocates domains has its own conditions for the registration and administration of domains. Thus, in addition, the registration conditions and relevant rules of each of these companies for the domains which are to be registered shall apply (e.g. for .de Domains which have DENIC registration conditions and the DENIC registration guidelines of DENIC e.G).

b) Customer obligations

The customer shall show the required details (data) for the domain registration of the domain owner completely and correctly. This always includes, in addition to the name the complete legal address as well as contact details via email and telephone. Planetary Quantum has to be informed about changes in this information immediately. The customer guarantees that the Domain commissioned by him as well as its use does not violate the rights of third parties, and does not violate penal provisions or provisions for fines (i.e. criminal law and laws against minor offences)

c) Release from liability

The customer indemnifies and holds Planetary Quantum harmless against claims from third parties which apply to the domain. In addition, the customer indemnifies and holds Planetary Quantum harmless against all costs, which are connected with the prohibited use of the domain name.

d) Default in payment

In the case of a default in payment by the customer, regarding the registered domain via Planetary Quantum, we expressly indicate to the customer the stipulation under No. B. 11.2 of these GTCT.

D. Concluding provisions

a) The place of fulfilment for all the contractual services is the registered office of Planetary Quantum in Berlin, Germany.
b) Contracts which are closed on the basis of these general terms and conditions of trade are subject to German law. Conditions of the international uniform trade law (UN trade law) (CISG etc.), where permissible, are hereby waived.
c) For entirely commercial customers, the registered office of Planetary Quantum is the place of the court of jurisdiction for all disputes which result from this contractual relationship. This also applies to legal entities/ persons under public law or special assets/ bodies governed by public law. Planetary Quantum, however, also has the right to sue at the registered office of the customer.
d) If a provision of this agreement becomes now, or in the future, partly or wholly void or ineffective, the other provisions remain unaffected. More importantly, instead of the ineffective provision a substitute provision or similar provision which is close to the purpose of the agreement or which would have made it possible for the parties to reach the same commercial result if they had known the ineffectiveness of the provision shall be used. The same applies, where appropriate, to the incompleteness of the provisions.

GTCT: July 2021