1. Scope(1) These general terms and conditions apply to all contracts on services provided by Karma Implementor, c/o Daniel Seifert, Straße der Nationen 12, 09111 Chemnitz, Germany (in the following named "provider") under the domain repings.net.
(2) Deviant or additional or conflicting conditions of the customer, even if acknowledged, are rejected by the provider unless he explicitly agrees with these conditions.
2. Definitions(1) Customers are entrepreneurs or consumers having a contractual relationship with the provider.
(2) In accordance with section 13 of the German Civil Code a consumer means every natural person who enters into a legal transaction for purposes that predominantly are outside his trade, business or profession.
(3) In accordance with section 14 of the German Civil Code an entrepreneur means a natural or legal person or a partnership with legal personality who or which, when entering into a legal transaction, acts in exercise of his or its trade, business or profession. A partnership with legal personality is a partnership that has the capacity to acquire rights and to incur liabilities.
(4) The billing period is the period of time during which the customer receives the services described in section 3.
(5) The account containing customer related data is managed by the provider and can be accessed and edited on the website after authentication.
(6) The website is the internet presence hosted at https://www.repings.net/. It can be accessed with an up-to-date web browser.
3. Description of the Provided ServicesRepings serves as a tool for the monitoring of hosts in the internet. It's implemeneted as a software as a service (SaaS). Several services (like ping, webserver) can be polled periodically over the internet protocol (IP). Failures will be reported to the customer automatically. The configuration takes place in the account. Notifications are delivered via Telegram Messenger (a chat is created during the first login) which is also serves for the authentication in the account.
(1) The precise obligations of the provider are set out in the product descriptions on the website.
(2) There is a free product which should be used to check the appropriateness of the services for the purposes of the customer.
(3) The software is solely executed on the servers of the provider.
(4) The router output of the data center hosting Repings is the transfer point for all application data.
4. Technical Requirements(1) The configuration of the hardware as well as the software required to access the account (internet enabled computer, up-to-date web browser, Telegram Messenger) is the responsibility of the customer.
(2) The customer is responsible for the configuration of the notification chat.
(3) The customer is responsible for the reachability of the Telegram client (e.g. internet enabled smartphone).
5. Restriction of UseThe provided montoring services may be solely used in conjunction with own IP addresses. For example for the monitoring of dedicated servers or web hosting products leased by the customer. The use for the monitoring of systems run by third parties and not being under the responsibility of the customer is not permitted. The violation of this term can lead to the deactivation of the account. The deactivation of the account does not release the customer from the liability to pay incurring usage fees.
6. Obligations of the Customer(1) The customer guarantees to be of full age and contractually capable.
(2) Any personal information provided by the customer has to be correct and complete and must be kept up-to-date.
(3) The customer undertakes to choose secure passwords and keep those passwords secret. Passwords have to be changed regularly. The customer has to inform the provider immediately if he notices that his credentials where leaked to a third party.
(4) The customer has to inform the provider about errors in the used services.
(5) The customer has to check the proper function of the used services on a regular basis.
(6) The customer agrees with the conditions stated in section 5 and complies with them.
7. LiabilityThe provider of the website aims to keep the proper function of the services by regular inspections and maintenance but cannot guarantee the flawless opertation of the website as well as the provided monitoring services. Hardware failures may be the cause of disruptions for instance.There may be improper error indications (false positive) being caused by bugs in the software and errors during the data transmisson over the internet. The customer can minimize the occurence of such erroneos notifications with suitable settings ("Alert Threshold"). Furthermore it cannot be ruled out that the notification system fails. Local errors or errors during the message transmission via third party services can cause failure notifications to not being delivered to the customer.
The provider shall not be liable for any damage possibly resulting from the use of the service. The exclusion of liability relates inter alia to impairments as described above.
It is generally recommended to delegate the periodic health check of important systems to different, from each other largely independent channels/providers.
8. Availability(1) The services are provided with an availability of 99% in the annual average. This promise applies to operation of the provided software on the corresponding hardware (server, host). External impacts to the availability like routing problems are not part of this availability promise.
(2) Necessary maintenance work like software updates may be performed at any time of day and any day of week.
9. SupportSupport is carried out exclusively by email. The provider makes a contact form available on the website. The response time is 24 hours on workdays
10. Prices and Payment(1) The prices for the provided services are set out in the offer pages and order forms on the website. Consumers will be charged the value added tax applicable in their respective EU country.
(2) Payment takes place in advance for the agreed billing period and the agreed services. Start and end of the respective billing period as well as the type and scope of the service provision are to be seen in the order forms. Not used services will not be refunded.
(3) Only payments via PayPal (payment service provider) will be accepted. PayPal's general terms and conditions apply in addition to the terms and conditions stated in this document. The amount due will be collected immediately after the transaction is authorized by the customer.
(4) Usage fees are payable within 14 days. In case of default of payment the provide is entitled to restrict or deactivate the respective services. The customer will be contacted for clarification before such steps are taken. The restriction or deactivation of the services does not release the customer from the liability to pay incurring usage fees. In the event of non-payment the provider is entitled to terminate the contract extraordinarily.
11. Contract renewalAutomatic contract renewals are not offered. The customer has to enter into a new contract after or before the current billing period expires under the terms and conditions at that time. If the renewal takes place before the current billing period has expired, the new billing period (with the agreed term) starts right after the current billing period.
12. UgradesAvailable ugrades can be performed at any time. The current product will be replaced by the new product right after the upgrade, the billing period will be set to the term of the new product.
12.1 Offsetting / CreditsWith the contract change the usage fee for the old contracts remaining billing period will be subtracted from the costs for the new contract. In the event of a credit it will be charged with the next purchase. Payouts are excluded.
13. DownradesThe customer etners into the new contract before or after the current billing period expires. The activation of the new product takes place when the current billing period expires.
14. End of ContractAfter the end of the contract the provider continues to make the account data available as a JSON download for at least 4 weeks. After the expiry of this period the provider is entitled to delete all respective customer data irrevocably.
15. TerminationAll available contracts are provided with a fixed term and cannot be terminated prematurely.
16. Invoicing(1) If requesting paid services the customer is asked to provide his or her billing address. The information has to be true and correct.
(2) The customer agrees that invoice documents are provided in electronic form as downloads in the account. Documents will be transmitted encrypted via HTTPS. If the customer requests the postal delivery of an invoice he or she may be charged by the provider with an appropriate fee.
17. Right of Withdrawal for Consumers
17.1 Right of WithdrawalAs a consumer you have the right to withdraw from this contract within a period of fourteen days without giving any reason.
In order to exercise your right of withdrawal you have to inform the provider (Karma Implementor, c/o Daniel Seifert, Straße der Nationen 12, 09111 Chemnitz, Germany, E-Mail: email@example.com) about your decision to withdraw from this contract by means of a clear statement (e.g. an email or a letter). Therefore you can make use of the attached template, which however is not mandatory.
In order to meet the deadline to your withdrawal period it is sufficient to send the notification about the exercise of the right of withdrawal before the withdrawal period has expired.
17.2 Consequences of WithdrawalIf you withdraw from this contract the provider has to refund all payments received from you, including delivery charges (excluding additional costs resulting from choosing a delivery method different to the cheapest one offered by the provider), immediately and promptly within the period of fourteen days from the day he has received the notification about the withdrawal from this contract. For this refund the provider will use the same means of payment you have used for the initial transaction, unless expressly agreed otherwise with you; In no event you will be charged fees for this refund.
In case you have requested to start the services during the withdrawal period you have to pay an appropriate amount to the provider being equivalent to that percentage of the total volume of the contractually agreed services, that has been already served until the date you have notified the provider about your decision to withdraw from this contract.
17.3 Withdrawal Form TemplateYou can withdraw from the contract by using the follwing form:
Karma Implementor c/o Daniel Seifert Straße der Nationen 12 09111 Chemnitz GermanyEmail: firstname.lastname@example.org
I/We* hereby give notice that I/We* withdraw from my/our* contract of sale of the following goods*/provision of the following service*
Ordered on*/received on*
Name of consumer(s)
Address of consumer(s)
Signature of consumer(s) (only if this form is notified in writing)
(*) Delete as appropriate.
19. Final Provisions(1) The laws of the Federal Republic of Germany shall apply with the exception of the UN Law on International Sales (CISG).
(2) Chemnitz is the sole court of jurisdiction for all disputes between the customer and the provider.