Terms of Service
The following terms and conditions apply to all bookings via our online software. Different terms and conditions of the customer will be rejected.
2. Contractual partner, conclusion of contract
The temporary service contract comes from Matthias Graffé, who operates under the brand name Observo Monitoring.
With the discontinuation of the “Software as a Service” (SAAS) service in the area of the user account, a binding offer was made to conclude a contract for the service. The service can initially be included in the checkout process without obligation and personal information can be corrected at any time before the binding order is sent. The contract is concluded when the offer of the service is accepted by clicking on the payment button. Immediately after submitting the order, a confirmation and invoice will be sent by email.
3. Contract language, contract text storage
The language available for the conclusion of the contract is German.
We save the contract text and send you the order data after you have placed your order. You can view and download the terms and conditions here on this page at any time. You can then view your orders in our user login.
All prices quoted by Observo Monitoring include the statutory VAT, unless otherwise indicated. The following payment methods are available to you in our order form:
In the ordering process you will be redirected to the website of the online provider PayPal. In order to be able to pay the invoice amount via PayPal, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask PayPal to initiate the payment transaction. You’ll get more information during the ordering process. The payment transaction is carried out automatically by PayPal immediately afterwards.
During the ordering process you will be redirected to the website of the online provider Klarna. In order to be able to pay the invoice amount via Klarna, you must be registered there or first register, legitimize with your access data and confirm the payment instruction to us. After placing the order in the shop, we ask Klarna to initiate the payment transaction. You’ll get more information during the ordering process. Klarna will then automatically carry out the payment transaction immediately afterwards.
5. Scope of services
Observo Monitoring provides the customer with the technical conditions for the publicity of programs on the Internet in accordance with the service contract. Observo Monitoring guarantees the customer an accessibility of the portal of 99% on an annual average. This does not apply to times in which the computers cannot be reached via the Internet due to technical or other problems that are beyond the control of Observo Monitoring (force majeure, fault of third parties, etc.). Planned or necessary maintenance work that leads to downtime and was communicated beforehand as a maintenance window is rated as available. The contractually agreed service packages and options are another component of the performance obligation. Observo Monitoring reserves the right to modify or improve its services. If services are provided free of charge, Observo Monitoring is entitled to discontinue them without notice and without notice. A reduction, reimbursement or compensation claim cannot be justified. A fundamental change in the legal or technical standards on the Internet allows Observo Monitoring to terminate extraordinarily if it becomes unreasonable for Observo Monitoring to provide its services in whole or in part within the scope of the contractual purpose.
6. Cooperation and customer obligations
The customer releases Observo Monitoring from all claims by third parties arising from the infringement of their property rights through the content presented or transmitted by the customer via the Internet. The release takes place in such a way that the customer Observo Monitoring has to reimburse the entire expenses incurred by the claim on the part of the third party, including the costs of legal defense.
7. Customer Liability
The customer is liable for all damages and legal consequences that Observo Monitoring or its vicarious agents incur through improper or illegal use of the portal.
8. Limitations of Liability
Claims for damages due to breaches of duty from contractual obligations and tortious acts can only be asserted against Observo Monitoring and its vicarious agents and vicarious agents insofar as intentional or grossly negligent behavior can be proven. The aforementioned exclusion of liability does not apply to the breach of essential contractual obligations (cardinal obligations). The liability of Observo Monitoring due to warranted properties, in the case of personal injuries as well as due to mandatory legal regulations also remains unaffected. Observo Monitoring is not responsible for service disruptions due to force majeure, in particular the failure or overloading of global communication networks. For this reason, the customer cannot claim a reduction in his performance obligation. Observo Monitoring is not liable for the information published via its services. The sender is responsible for their correctness, completeness and topicality. Observo Monitoring is not liable for damage that may arise on the customer side due to inadequate security measures during data transmission. A possible liability for damages is limited to the amount of the annual fee. Liability for damage resulting from data loss is limited to the amount that would have arisen if data had been backed up properly, but not more than the annual fee. Claims for damages by the customer become statute-barred one year after their occurrence, irrespective of the provision of § 202 BGB. This abbreviation does not apply if Observo Monitoring acted with gross negligence or with intent.
9. Confidentiality and data protection
Observo Monitoring undertakes to keep secret all information and documents accessible in connection with the conclusion of the contract which are designated as confidential or which, under other circumstances, are clearly identifiable as business or trade secrets of the customer, and to keep them confidential – unless required to achieve the purpose of the contract – neither to record nor to pass on or to exploit.
The customer agrees that his personal data received in the context of the business relationship will be electronically stored and automatically processed in order to process the business relationship. Of the
The customer is hereby informed in accordance with Section 33 (1) of the Federal Data Protection Act and Section 4 of the Teleservices Data Protection Act (TDDSG) that Observo Monitoring and authorized agents will process their data automatically. He is entitled to query the data stored about himself or his pseudonym at any time free of charge from Observo Monitoring. Observo Monitoring undertakes to use this data solely for the provision of services and not to pass it on to third parties, unless these persons are involved in the provision of the service. The customer releases Observo Monitoring from all claims by third parties with regard to data provided by the customer. Unless otherwise agreed, the customer allows communication by fax and e-mail. Despite all care, computer viruses or the like can occur when communicating via e-mail. be transmitted. The customer must take appropriate security precautions to prevent damage to his systems. If the e-mail is not electronically signed, there is no 100% guarantee that the e-mail actually originates from the sender specified or that it has remained unchanged on the transmission path. E-mails and faxes can be read by third parties. This risk can be reduced by encryption, but not completely excluded. The customer accepts this.
10. Dispute Resolution
The European Commission provides a platform for online dispute resolution, which you can find here http://ec.europa.eu/consumers/odr/.
We are neither obliged nor willing to participate in a dispute settlement procedure before a consumer arbitration board.
11. Severability Clause
Should a provision of these general terms and conditions be ineffective, the effectiveness of the remaining provisions will not be affected.
The place of jurisdiction is Mainz