These terms and conditions are applied for all services in the scope of the Internet service Escalert.io, which Badger Systems GmbH (hereafter called "Badger Systems", Lessingstr. 26, 50858 Köln, Deutschland) yields for the customer.
Escalert.io is exclusively offered to tradespersons. Customer's terms and conditions are only applied if Badger Systems confirms them explicitly and in written form.
Realization of ContractA contractual relationship between Badger Systems and the customer is realized if
- Badger Systems, after receiving a customer's order, has sent him an order acknowledgement or
- Badger Systems has begun with the actual provision of service (e.g. account installation, installation of service monitoring, provisioning of alert credits, transfering of alert messages etc).
Plans and Credits
The customer can either buy a plan, that provides certain features and alert credits, or extra alert credits for a certain plan. Alert credits are necessary to receive alert messages from Escalert.io. Both plans and extra credits have limited run times and expire after a while. Extra alert credits are only valid if the affiliated plan is active.
Fees and Accounting
Fees have to be paid in advance, either per month or per year. Accounting deadline is the day before (re-)activation of the chosen plan, respectively.
A plan is active, if the customer has paid for it and Badger Systems has activated it. Each customer can use exactly one active plan. The customer may pay in advance for a follow-up plan for the currently active plan, so that it will automatically get active after the currently active plan expires.
Duration, Termination and Resumption of the Contractual Relationship
The contract is concluded for an indefinite time. Badger Systems, and the customer, respectively, may always cancel it in textual form with subject to a term of one month to the end of the paid runtime of the plan chosen by the customer - if there is no active plan alternatively to the end of each calendar month.
Cancelling the contract causes an inhibition of the customer's account. Badger Systems may afterwards delete the customer's account without any further notice to the customer.
If a contract is canceled under these terms and conditions prior to expiration of the currently active plan, or prior to the expiration of extra alert credits bought by the customer, the customer will get already paid fees returned, proportional to the remaining run time in full days.
Before deletion of the account, the customer may resume the contract by a full payment for the plan registered for the account and reactivate the account thereby, if it was not deleted before. Payments for already deleted accounts will be fully refunded to the customer.
Change of Plan
Switching to another plan is always possible. Alert credits from an already paid former plan remain valid according to the plan's runtime, but only the new plan's functionality will be available for the customer.
Fees that Badger Systems has to pay because of insufficient funds on the customer's payment account or because the customer's payment account has been suspended, will be imposed on the customer, plus a processing lump sum of 10,- Euro.
The customer assures that he will use Escalert.io for purposes that Badger Systems designed it for only. Especially, he will not bother noninvolved third parties with alert or other messages, which he sends over the system. Before entering the personal data of third parties, the customer moreover obtains the consent of the affected person, respectively.
He will moreover protect the login data to his account against unauthorized access.
If the customer violates the usage agreement, Badger Systems is allowed to cancel the contract without notice.
Service Level Agreement
The following is valid for plans with explicitly given service level agreement:
- The percentage number refers to
- the number of seconds in the respective accounting month and
- the proportion of incidents triggered over the customer account within the respective accounting month, which trigger alert messages that need to be sent.
- Badger Systems guarantees to send alert messages for already defined services at least for this proportion of time and incidents without any interruption. However only, if this is within Badger Systems' responsibility, if the customer immediately informs Badger Systems about the disruption and if errors that occured cannot be fixed by the customer himself. In particular, Badger Systems is not responsible for wrong configurations or non-reachability of customer devices. Moreover, alert messages that are only sent by the customer for testing purposes or for intentionally exceeding SLA limits are not counted.
- If Badger Systems is proven to not have fulfilled any of these commitments, the customer may cancel the contract within one month after the limit was exceeded with immediate effect.
- If the customer stays in contract and does not cancel, for every 1% point by which the commitment was violated he gets, referring to the current accounting month, 10% of the price of his plan refunded or waived, up to 100% of the price of his plan. Basis of this calculation is the commitment with the greater violation. This claim gets valid, if the customer demands it in written form within one month after the limit was exceeded.
Changes of Terms and Conditions, of Specification of Services and of Fees
Badger Systems may undertake changes of terms and conditions, of specification of services and of fees. They are also effective for existing contractual relationships.
If customers get only benefits by the changes, Badger Systems may apply the changes at the day of their publication. Otherwise, the changes will be effective one month after announcement, and the customer may cancel the respective contract prematurely at the moment the changes take effect.
Exclusive venue for all disputes arising from this Contract is Cologne, Germany. Moreover, Badger Systems has the right to sue the customer at his own venue.
The contract between Badger Systems and the customer shall be governed, construed and interpreted in accordance with the laws of the Federal Republic of Germany.
If any provision of this Contract or the application thereof to any person or circumstances is fully or partially invalid, unlawful or unenforceable, all remaining provisions or application of these provisions shall remain unaffected thereof. An invalid, unlawful or unenforceable provision shall be regarded as replaced by a valid, lawful and enforceable provision that as closely as possible reflects the economic background and meaning of the replaced provision. § 139 BGB is not applicable.