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General Terms of Business
1 January 2003
At Clearing Systems Inc. we wish to provide you with a positive experience. These General Terms of Business regulate all legal relationships between you and Clearing Systems Inc. They take precedence over your own general terms of business (if any). In addition, our User Guidelines are applicable, as published on our web site.
What you can expect of us
We will perform our services in a professional manner with due care. We will remedy errors, which significantly impair our service performance as soon as possible and if possible and necessary by remote maintenance, in particular in the field of Internet services. If the effort required for the remedying of the error exceeds the customary degree (e.g., in case of on-the-spot error elimination) or if the cause of the defect is to be attributed to a malfunction of the hard- or software utilised by you, then we will invoice the remedying of the error at our currently applicable rates. We may adapt our service performance, if legal regulations, directives of governmental authorities or operational reasons render this necessary.
We grant a non-exclusive and non-transferable licence for the use of our services. This licence expires with the termination of the contract or with the suspension of our services.
What we can expect of you
You will pay our invoices by the payment due date. As a result of this, you save unnecessary effort and expenses for us and for yourself. In case of delayed payment, we reserve the right to suspend our services.
You will follow our instructions for the connection and for the use of the soft-and hardware, with which you make use of our services. Over and above this, you will comply with legal regulations and use reasonable safety provisions and you are responsible for the compatibility of the hard- and software you use.
You assume the sole responsibility for the contents of the messages, which you transmit through Clearing Systems Inc.
Without our agreement in advance, you will not transfer this contract to another party, either in part or in full.
Prices
The agreed prices form an integral part of this contract. You can at any time obtain free of charge information about current valid prices from our web site.
Invoices
Our invoices provide information about your subscription to and/or utilisation of Clearing System Inc.'s services. If you do not raise any justifiable objections in writing until the payment due date, our invoice is deemed to be accepted. It is your responsibility to prove the incorrectness of the invoice, if our investigations should not have manifested any errors from our side. You and we herewith refrain setting off any mutual claims.
In case of justifiable doubts concerning your ability to pay, we may request payment in advance. We have the right to suspend our services, if you do not settle the amount of the invoice within the payment due date or do not make a requested advance payment. Rental charges for hard-and software also remain due during a suspension of our services.
Liability
We are liable for damage, which we have culpably caused. However, our liability is limited to the invoiced value of the service provided. We are not liable for loss of profits, loss of data and other consequential or indirect damages.
None of the parties shall be liable for damages, which are caused by an act of God, such as, for example, lightning, explosions, fire, acts of war, strikes, governmental orders, etc.
You are liable for loss or any damage to the equipment made available to you. You will indemnify us, if any third party should raise claims against us, which are in connection with your utilisation of our services.
Property and Intellectual Property Rights
We or our licensers remain owner of the intellectual property rights to everything, which we make available to you within the framework of this contract, such as equipment, software, manuals and all other documentation provided. Modifications to our software require our written approval; you herewith transfer the intellectual property rights to any such modifications to us.
Commencement, Duration and Termination of the Contract
The contract commences at the date of our written confirmation or with the returning of the contract signed by you, in any case, however, at the latest with the utilisation of our services. Unless otherwise agreed upon, you can terminate the contract or individual services at any time with 30 days advanced notice.
If one of our provisions should prove to be invalid, then it shall be replaced by another provision, which to the extent possible shall implement the purpose aspired by the initial provision.
Applicable Law and Place of Jurisdiction
Any and all legal relationships between you and us are subject to the material laws of Anguilla. Exclusive place of jurisdiction is The Valley, Anguilla; however, we also reserve the right to start legal action at the court of jurisdiction at your legal business domicile or place of residence.