These terms and conditions are applied for all services in the scope of the Internet service escalert, which the JonDos GmbH (hereafter called "JonDos", Äußere Bayreuther Straße 59, 90409 Nürnberg, Germany) yields for the customer.
escalert is exclusively offered to tradespersons. Customer's terms and conditions are only applied if JonDos confirms them explicitly and in written form.
Realization of ContractA contractual relationship between JonDos and the customer is realized if
- JonDos, after receiving a customer's order, has sent him an order acknowledgement or
- JonDos 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).
Plan ActivationA plan is active, if the customer has paid for it and JonDos 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. JonDo 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. JonDos may afterwards delete the customer's account without any further notice to the customer.
If a contract is canceled under special conditions, that are regulated within these terms and conditions, before the expiration of the currently active rate, 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.
Fees and Accounting
Fees have to be paid in advance, either every month or every year. Accounting deadline is the day before (re-)activation of the chosen plan, respectively.
Change of Plan
Switching to another plan is always possible. 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 JonDos 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 for purposes that JonDos 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, JonDos is allowed to cancel the contract without notice.
Changes of Terms and Conditions, of Specification of Services and of Fees
JonDos 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, JonDos 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 Nuremberg, Germany. Moreover, JonDos has the right to sue the customer at his own venue.
The contract between JonDos 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.