Type, content and scope of services to be rendered by OCTO3 are set forth in the contract and the specifications of service and/or product by OCTO3 underlying the respective contract.
In case of doubt, statements by employees of OCTO3 or third parties as well as advertising statements shall only constitute a claim of the owed performance only if they have been confirmed in writing by OCTO3. In case of doubt, statements regarding the quality of the contractual services shall constitute a guarantee only if they have been expressly designated as such.
OCTO3 shall be authorized to change and adjust the content of its services, in particular of software made available within the scope of technological, user interface or content enhancements, provided that the agreed functionalities are not restricted or impaired.
OCTO3 warrants the contractually agreed availability of service. However, this does not constitute a respective guarantee.
Prerequisite for CLIENT’s claims in case of availability downtimes is always that CLIENT immediately notifies OCTO3 of the downtime and – to the extent possible and reasonable – has documented this in an understandable manner so that OCTO3 can check the cause of the respective downtime.
OCTO3 is not liable for availability downtimes caused by force majeure. Theft, general Internet downtimes or other circumstances shall be treated as force majeure, if they are unforeseeable, severe and have not been caused by any fault of OCTO3. OCTO3 shall, if this is possible and reasonable under the circumstances, immediately notify CLIENT about the occurrence of such an event. OCTO3 shall do everything within its control to achieve a fast removal of such downtimes.
OCTO3 shall not be liable for any availability downtimes caused by CLIENT, the telecommunication service provider, the access provider or the mobile phone provider of CLIENT or which are otherwise attributable to third parties within the sphere of CLIENT.