These general terms and conditions form part of all offers and contract acceptance declarations and agreements made by Divital and therefore the basis for all sales, deliveries, transfers of use and services, including advice, information, assembly, maintenance and maintenance. They are considered accepted at the latest upon receipt of the goods or services and become effective no later than the time the respective delivery or service is accepted by the customer. They supplement the regulations contained in contracts concluded with Divital.
All contracts concluded by Divital with
a) all merchants within the meaning of Sections 1 et seq. of the German Commercial Code, as long as the contract is part of the operation of their commercial business,
and
b) Legal entities under public law or special fund under public law
as well as
c) with customers other than those mentioned in paragraphs a) and b), in particular non-merchants, take place on the basis of these general terms and conditions.
If individual regulations apply only to certain customers referred to above under a) to c), this is specifically stated below.
General terms and conditions of customers named in sections 1.2 lit. a) and b) that conflict with these general terms and conditions are excluded, even if we do not expressly object to them.
For additional and follow-up orders, these general terms and conditions apply accordingly. They become effective at the latest when the respective delivery and service is accepted by the customer.
In addition to these general terms and conditions, the provisions of VOB, parts A, B and C as well as the applicable technical rules apply to all contracts concluded with Divital, insofar as they apply and have been agreed upon for the security of deliveries and services. If deliveries of hardware and software products are the subject of the contract, the relevant terms and conditions apply in their current version in addition. Additions and/or changes to these general terms and conditions may apply to a specific additional service. Divital will then inform customers about this.
In these general terms and conditions, the following terms and conditions are used with the respective meanings given:
Customers are all persons named in Section 1.2, with whom we establish service relationships within the meaning of Section 4.1.
The central unit and all other devices and components, including the associated software, possibly the SIM card, which are provided to the customer by Divital as part of the contractual relationship concluded in accordance with Section 4.1 above.
The contractually regulated services, in particular the provision, access and use of the functionalities of the Divital investment within the agreed scope of services.
The procedure agreed between the customer and Divital, which must be followed in the event of an alarm message and contains a list of contacts named by the customer who can be contacted by Divital in the event of an alarm message. This document is an integral part of the contract. The data must be provided by the customer.
What is meant is the privacy policy attached to the respective contract.
Data protection laws include all applicable data protection laws, regulations and requirements relating to the processing of personal data, including but not limited to the General Data Protection Regulation 2016/679 (“GDPR”) and all other applicable national laws that apply to the contractual relationship.
The one-time payment that the customer owes Divital in accordance with this contract for the planning, installation, installation and initial connection of the system to the emergency call and service control center for the provision of Divital services.
A cardinal obligation is any contractual obligation of a contracting party whose fulfilment is a prerequisite for making proper performance of the contract possible in the first place and on whose compliance the other contracting party may usually rely.
Applications that are offered by Divital and can be used by the customer in connection with a special contractual relationship with Divital (“Divital - App”).
The central office set up by Divital with its own personnel or through the appointment of an external service provider, which receives and monitors the signal sent by the Divital system and makes arrangements owed by the Divital contract.
The customer's premises in which the Divital system was installed in accordance with the relevant contractual relationship.
The contracting party is any legal entity involved in the contract (customer and division).
The date from which Divital provides the contractually agreed ongoing services.
The planning, installation, maintenance, repair and monitoring services that Divital provides to the customer in accordance with the contractual agreements.
The monthly fee for the contracted services.
The services provided by Divital or a person commissioned by Divital relating to the planning, delivery, installation and commissioning of the system on the customer's premises.
Divital DigitalInnovation GmbH based in Zollhof30, 40221 Düsseldorf (trade name: Divital).
The agreement, in accordance with Section 1.4, is concluded between the customer and Divital and on the basis of which the services provided by Divital, in particular the alarm service (and one or more possible additional services), are provided to the customer. It comprises these general terms and conditions, including the annexes, the special contract conditions and the action plan.
The work required for maintenance and repair in accordance with the contractual regulations to ensure proper operation of the Divital plant.
The Divital website: www.divital.care
The service provided by Divital, which is made available to the customer in addition to the contractually agreed Divital investment.
The customer's payment in money for Divital's services.
The purpose of the respective contract concluded in accordance with Section 1.4 is the provision of services. V. m. the provision of the Divital plant, plant components and planning, installation, connection and maintenance and repair services for the Divital plant as well as the provision of plant operation and alarm service (designed as detection, verification, notification and response services) and additional services for the customer as described in the contract.
Divital is entitled to unilaterally change the services contractually agreed in accordance with Section 1.4 without changing the purpose of the contract. Reference is made to point 8.2.
The existence of the Divital investment does not in any way replace the client's need for physical, technical and organizational security measures with regard to his physical integrity and health as well as insurance coverage. The customer is obliged to take appropriate physical, technical and organizational measures to protect his physical integrity and health (e.g. hiring an outpatient care service, ensuring medical care, etc.).
The customer acknowledges that the contract with Divital includes the use of electronic security measures for preventive purposes. The maintenance of physical integrity is in no way guaranteed and the contract concluded in accordance with Section 4.1 also expressly does not include insurance coverage.
Divital reserves the right to obtain a credit report from the customer (Art. 6 para. 1 s.1 lit. f GDPR). This is done in particular, but not exclusively, by the credit agencies mentioned in Sections 4.3.1 and 4.3.2 of these General Terms and Conditions.
Contractual relationships subject to these general terms and conditions are always established when we provide services in accordance with Section 1.1, regardless of these as a result of
- oral or written order/assignment
- Conclusion of a written agreement on the provision of services, or
- actual behavior (such as receiving a delivery, installation, etc.). Acceptance of partial services is considered acceptance of the total contractual service offered by us.
The contract concluded in accordance with § 4.1 has priority over cost estimates, non-binding offers, tenders or similar documents. The signing of such documents by the customer does not constitute a legally binding agreement. Advertising statements of any kind do not become part of the contract. Information and information in brochures, brochures and application notes are for informational purposes only. Pre-contractual communications from Divital, in particular offers, descriptions and cost estimates, unless otherwise expressly agreed, are subject to change. Consultations by Divital staff or persons appointed by them are non-binding and do not give rise to any claims made by the customer.
The customer agrees that Divital will provide SCHUFA Holding AG, Wiesbaden, with data on the application for this contract and receive information about the customer from SCHUFA.
Irrespective of this, Divital transmits personal data collected as part of this contractual relationship to SCHUFA Holding AG, Kormoranweg 5, 65201Wiesbaden. The legal bases for these transfers are Article 6 paragraph 1 letter b and Article 6 paragraph 1 letter f of the General Data Protection Regulation (GDPR). Transfers based on Article 6 paragraph 1 letter fGDPR may only be made insofar as this is necessary to protect the legitimate interests of Divital or third parties and do not outweigh the interests or fundamental rights and freedoms of the customer, which require the protection of personal data. SCHUFA processes the data received and also uses it for the purpose of profiling (scoring) in order to provide its contractual partners in the European Economic Area and in Switzerland and, if applicable, other third countries (provided that there is an adequacy decision by the European Commission) information, including to assess the creditworthiness of natural persons. More information about SCHUFA's activities can be found in the SCHUFA information sheet or viewed online at www.schufa.de/datenschutz.
If there is a legitimate interest, Divital checks the customer's creditworthiness. For this purpose, Divital works with the local Creditreform company (hereinafter Creditreform), which receives the necessary data from Divital. On behalf of Creditreform, the customer is provided with the following information in advance in accordance with Art. 14 GDPR:
Creditreform is a consumer credit agency. Sieben drives a database that stores credit information about people. On this basis, Creditreform provides credit reports to Divital as a customer. Within the framework of legal regulations, a
Part of the data available in the information database is also used to supply other company databases, including for use for address trading purposes. In particular, the name, address, date of birth, e-mail address and payment history of persons are stored in the Credireform database for the purpose of providing information about the creditworthiness of the person requested. The requester must credibly demonstrate his legitimate interest in knowing this information. The legal basis for processing is Article 6 (1f) GDPR.
The data is initially usually stored for three years. It is then checked whether storage is still necessary, otherwise the data is deleted on a daily basis. In the event of settlement of an issue, the data will be deleted on a daily basis three years after completion.
In accordance with Section 882 EzPO, entries in the debtor register are deleted on a daily basis after the date of the registration order. Legitimate interests of storage within the meaning of Article 6 (1fGDPR) may include: credit decision, claim, credit check, insurance contract, enforcement report.
The customer has the right to obtain information from Creditreform about the data stored there about him. If these are incorrect or incomplete, the customer is entitled to correction or deletion. If it is not immediately possible to determine whether the data is incorrect or correct, the customer is entitled to block the respective data until clarification has been made.
If the customer has given his consent to process the data stored by Creditreform, he has the right to withdraw this consent at any time. The revocation does not affect the legality of the processing of his data based on the customer's consent up to the withdrawal.
Should the customer have any objections, requests or complaints regarding data protection, he can contact Creditreform's data protection officer at any time. He can also contact the responsible person about the processing of the data by Creditreform
State Commissioner for Data Protection complain.
The data that Creditreform has stored about the customer comes from publicly available sources, from collection agencies and their customers.
To describe the customer's creditworthiness, CreditReform creates a score from age, gender, address and, if applicable, payment experiences. Creditreform customers use this value for their own credit decisions.
The stored data is processed for compelling legitimate reasons of creditor and credit protection, provided that they regularly outweigh the interests, rights and freedoms of the customer or serves to assert, exercise or defend legal claims.
The customer can only object to the processing of data for reasons that arise from a particular situation with the customer and must be proven. If such special reasons can be proven, the data will no longer be processed.
Responsible within the meaning of Art. 4 No. 7 GDPR is Creditreform Boniversum GmbH, Hellersbergstraße 11, 41460 Neuss. The customer's contact person there is Consumer Service, tel.: 02131 36845560, fax: 02131 36845570, e-mail:
The customer can contact the data protection officer at the following contact details: Creditreform Boniversum GmbH, Data Protection Officer, Hellersbergstraße 11, 41460 Neuss, e-mail: datenschutz@boniversum.de.
If Divital has to provide a service on the basis of a purchase or work contract or a management agreement, the time of performance is determined in accordance with the individual agreements made. Agreed delivery or completion dates for services to be provided are only considered approximate, unless Divital has expressly agreed otherwise in writing in individual cases.
If ongoing services are the subject matter of the contract, then, unless otherwise specified, a fixed period of 2 (two) years is agreed as a service period. This period is automatically extended by a further 2 (two) years unless the contract is terminated in text form with a notice period of 3 (three) months to the end of the respective 2-year period.
During these firmly agreed contract periods, ordinary termination is excluded.
Divital must provide the service from the contractually agreed date of performance.
If a contract for the provision of ongoing services or the provision of transactions for the customer has been concluded for an indefinite period, it may be terminated by either party in writing, subject to a notice period of 3 (three) months to the month's dispatch.
Cancellation before the start of the service is excluded.
Termination is also excluded if the contract is concluded for a specific period of time; the provision in accordance with point 5.2 above then applies.
The right of both parties to cancel the contract for good cause in accordance with the statutory provisions remains unaffected.
An important reason that entitles Divital to terminate for good cause exists in particular if:
a) the customer breaches an essential contractual obligation and has not remedied this breach within 30 (thirty) days of a written reminder,
b) There is reasonable suspicion that the customer has used the system and/or the contractual services in breach of contract,
c) as a result of acts or omissions on the part of the customer, 5 (five) or more false alarms have been received by the emergency call and service control center in a period of 3 (three) consecutive calendar months,
d) the customer is in default of payment of ongoing fees, the amount of which corresponds to twice the amount of the current service charges and has not paid them within 30 (thirty) days of receipt of a corresponding reminder,
e) the customer is in default of payment of the set-up and connection fee or a not insignificant part of it and has not paid within 30 (thirty) days of receipt of a corresponding reminder,
f) the customer is the addressee of an official measure which significantly affects or terminates his business activities temporarily or permanently,
g) the customer carries out a global assignment for the benefit of his creditors, ceases operations or carries out a voluntary assignment or transfer of substantially all of his assets,
h) insolvency proceedings are opened against the client's assets, upon presentation of proof of the opening of insolvency.
i) the performance of the obligating customer under this contract is suspended or limited for more than 60 (sixty) days for any reason, including an event of force majeure in accordance with section 15 of these terms and conditions,
j) it is impossible or unreasonably difficult for Divital to provide agreed services because the customer has provided Divital with incorrect information,
or
k) the customer does not follow Divital's appropriate instructions regarding the installation and use of the system and the contractual services and this makes the provision of services by Divital impossible or unreasonably difficult,
l) the customer intentionally or grossly negligently provides false information about his personal or business data.
In addition, the other termination rights provided for in these general terms and conditions apply for good cause.
Partial termination of the contract by the customer is excluded. Divitalist ready
to negotiate a partial termination of the contract. In order to avoid disputes, the contracting parties agree that the damage arising from payment by the customer in the amount of 25% of the remuneration of the services no longer to be provided by Divital is settled in a lump sum. This amount is payable immediately by the customer upon invoicing with a sales tax statement. In the event of termination of the contract, Divitaldie will remove any investment it has contributed to the property. The provision in point 5.8 applies.
Divital is also entitled to withdraw from the contract for the reasons set out in Section 5.3.2.
The customer must submit the notice of termination or withdrawal in text form. The following addresses are available for this purpose:
Digital Vital Innovation GmbH, Zollhof 30, 40221 DuesseldorfEmail: info@divital.care
The termination or withdrawal results in the termination of performance obligations and rights with regard to the performance of the contract after the date on which the termination or withdrawal becomes effective.
The termination or withdrawal does not release the customer from the obligation to pay all billed or not yet billed and still owed and unpaid services provided by Divital to execute the contract. The same applies to the costs of uninstalling the Divital system.
In the event of withdrawal in accordance with Section 5.3.2, the customer hereby waives the refund of what he has already paid to Divital.
In the event of termination, Divital services will be discontinued at the time of termination and the investment will be uninstalled insofar as it is owned by Divital. Divital is not responsible for any production of the object in the state before installation. Divital is not liable for damage to the property as a result of and as a result of the dismantling requested by the client. The customer will contribute to the dismantling of its costs so that Divital can fulfill its obligations assumed herewith in accordance with their planning without further action. Divital may waive its right to uninstall and take away share or in part and require the customer to fully or partially assume the investment owned by Divital against payment of compensation to be fixed by Divital based on the value of the continued usability of the remaining investment or parts of the plant in the property for the customer.
If, after termination but before uninstallation, the customer decides that he wants to make use of the contractual services again, he can order Divital to reactivate the service fee in return for payment of the applicable service fee. The alarm system will be restarted after payment has been received from
billed service fee. The reactivation is subject to the contract conditions and fees applicable at the time of reactivation. In this case, Divital is entitled to update the system software and install the necessary components at the customer's expense.
In the event of distance selling or conclusion of a contract outside the Divital sales rooms (“distance selling transaction”), the customer has the right, if he is a consumer within the meaning of Section 13 of the Civil Code, to cancel the contract within 14 (fourteen) calendar days without giving reasons. Reference is made to the cancellation policy and the cancellation form attached to the contract.
If the customer withdraws from this contract, all payments that Divital has received from him, including delivery costs (with the exception of additional costs resulting from the fact that he has chosen a type of delivery other than the cheapest standard delivery offered by Divital), are immediately and at the latest within 14 (fourteen)
Repay days from the date on which Divital receives notification of the cancellation of this contract. For this repayment, Divital uses the same means of payment that the customer used for the original transaction, unless something else has been expressly agreed with the customer; in no case will the customer be charged for this repayment.
Postal address: DigitalVital Innovation GmbH, Zollhof 30, 40221 Düsseldorf Email: info@divital.care
The place of fulfilment for delivery is the warehouse or factory of Divital or the manufacturer or shipper appointed by Divital. If the seller sends the goods at the buyer's request to a destination named by the buyer, the transport risk - even in the case of delivery “freight-free” - is transferred to the buyer from the time when Divital hands over the goods to the freight forwarder.
The remuneration owed by customers is regulated in the contract. All fees and amounts to be paid by the customer are exclusive of the applicable sales tax.
The following applies to the adjustment of allowances:
If these are ongoing remunerations/ fees, Divital is entitled, during the contract period, to adjust the monthly allowances and fees in accordance with the public consumer price index for all private households in Germany (“CPI”; overall index) on the basis of 2020 = 100 (2020 is the base year). The average public CPI of the 12 (twelve) months preceding the inflation adjustment is used for the adjustment. Fees will only be adjusted for contracts that have been concluded at least three months before the price adjustment takes effect.
Notwithstanding the foregoing, Divital reserves the right, in view of continuous investments in technological development, better protection of data security, continuous updating of the functionalities included in the Divital investment and expansion of the functions and services of the Divital investment for the customer and in the event of significant increases in operational costs, to increase ongoing remunerations/fees more than in accordance with the CPI. This also applies to changes in the applicable long-term care insurance regulations affecting the contractual relationship. The increased prices apply to all types of services to be provided.
Divital will inform the customer in writing of any change in remuneration at least one month before the change comes into force.
If Divital increases the price of more than 5 (five) percent above the CPI in accordance with clauses 6.2.1 and 6.2.3, the customer may cancel or withdraw from the contract for good cause. The termination or withdrawal must be declared to Divital without notice of the price increase. The termination must go to the end
of the month following the month in which the customer became aware of the price increase The declaration of withdrawal is effective upon receipt by Divital.
The customer must pay all amounts invoiced by Divital by the date specified on the invoice. If no payment date is specified, the invoiced amount is immediately due and payable. The customer is not entitled to deduct cash discounts. Statutory taxes and duties as well as customs duties are always borne by the customer. If tax and duty rates and duties increase, Divital is entitled to pass on these increases to the customer
The ongoing remunerations/fees agreed in the contract must be paid in advance by direct debit at the beginning of each month. They are billed to the customer in the first 5 (five) days of each month. The customer acknowledges that the SEPA direct debit advance notice is considered to have been issued by Divital.
The installation and connection fee is to be paid after the installation and connection of the system is completed.
In the case of sales transactions and services based on work contracts, the contractual remuneration is due and payable within 2 (two) weeks of the billing date.
If the customer and Divital have agreed to pay by direct debit, the customer will grant Divital a direct debit authorization to pay the amounts owed by him. For this purpose, a SEPA basic debit mandate is handed over to the customer. The granting of a SEPA basic debit mandate is a prerequisite for the provision of services by Divital.
The customer expressly accepts the issuance of an electronic invoice.
If the customer defaults on payment obligations, the outstanding amount is to be paid by the customer at the statutory default interest rate. In addition, Divital is entitled to interrupt the connection of the plant to its system, i.e. shut down the system and stop operating the system. Decommissioning does not eliminate payment obligations. After payment of the outstanding amount from the customer or by a third party, to reinstate the investment by the customer with a lump sum to be paid in advance, which is determined by Divital based on the expected expenditure in individual cases. If the payment arrears longer than 4 (four) weeks, Divital is entitled to cancel this contract. The termination does not affect the customer's obligation to pay the agreed fees. The fees are due in full immediately upon receipt of the notice by the customer. With regard to ongoing payments, it is agreed that the customer will pay the agreed ongoing payments for a period of
24 (twenty-four) months after receipt of the notice by DiVital in an amount discounted at the base interest rate announced by the Deutsche Bundesbank in accordance with Section 247 BGB, which applies at the time the termination is issued.
In addition, Divital can withhold services that have not yet been provided and immediately make payments due in the future and demand payment.
If the customer pays the set-up and connection fee or any other outstanding amount by direct debit or credit card, he expressly accepts that Divital has joined the financing services security system implemented by contractually bound payment service providers. If the customer chooses to pay by debit or credit card, the provision of the card number and the information required to complete the payment by these payment service providers is guaranteed and protected, as this provider is the only one who has access to the above data. This data is transmitted under the appropriate security measures provided by these payment service providers. The customer acknowledges the general terms and conditions of the payment providers and will only use these payment methods if he agrees with the security measures guaranteed by these payment providers. Divital does not store any data related to the customer's debit or credit card and only stores the data relating to the payment.
The customer is only entitled to offset service fees if his counterclaim is established, undisputed or recognized by Divital. In addition, the customer is only authorized to exercise withholding rights if his counterclaim is based on the same contractual relationship.
The delivered goods remain the property of Divital until full payment of all claims arising from the business relationship with the customer, including future claims. In the event of serious breaches of contract or in the event of a significant deterioration of its
Financial relationships, without setting a grace period or notice of withdrawal upon request from Divital, is obliged to return all reserved goods in his possession immediately at his expense in accordance with Divital's instructions.
If the reserved goods, possibly after processing, combination, mixing or blending, are built into the property of a third party or does the seller lose his ownership rights to the goods in connection with another legal transaction by the buyer (e.g. in the case of
consumption for the provision of services or works), the claims arising from the corresponding legal transaction in the amount of the invoice value of the reserved goods used are transferred to the seller as a security measure.
Notwithstanding the above assignments and Divital's collection right, the customer is entitled to collect the claim as long as he fulfills his obligations to Divital or does not forfeit assets. On request, the customer must confirm the assignment in writing to Divital and provide him with the information required for collection.
If the value of the securities granted and realizable to the seller in accordance with the above exceeds Divital's claims arising from the business relationship with the customer by a total of more than 20%, Divital is therefore obliged to retransfer them at the customer's request.
If the reserved goods or the securities granted to the seller below are endangered by foreclosure measures taken by third parties or in any other way, the customer will draw attention to the seller's rights and immediately inform Divital, including the transferor, of documents required for intervention.
The services that Divital has to provide are regulated in the respective contract concluded in accordance with Section 4.1. In addition, these general terms and conditions and the additional conditions apply to each type of service, as set out in the appendices to these general terms and conditions.
Since technological progress has had a significant impact on Divital's control and communication systems, Divital remains the owner of all systems and technical system components installed in the customer's property (e.g. motion detectors, sensors, etc. plus all accessories) for the entire contract period. This does not apply to sales transactions.
Against this background, Divital may unilaterally improve, modify, adapt or change the Services at any time, and in particular if:
(a) there is an amendment or amendment to a law or regulation that applies to Divital or to the services provided to the customer,
(b) Divital decides that the services should be changed for reasons of service quality or otherwise in favour of customers or that this is necessary in the reasonable opinion of the company,
(c) safety, technical or operational reasons make this appear appropriate,
or
(d) the changes or additions are minor for other reasons and do not significantly affect the customer.
Section 315 BGB remains unaffected.
The customer may request changes to the contractually agreed services. The changes must be specifically described so that Divital can evaluate the resulting performance changes and their effects.
Divital may demand additional remuneration for changes in services.
Before the start of execution, Divital submits an offer in writing to the customer about the changes in performance and the amount of remuneration and indicates to the customer any possible effects on the schedule and the completion date; the two must be rearranged, if necessary. The service period is extended at least by the time it takes to process the customer's request for change until it is commissioned or rejected by Divital.
If no agreement is reached on the provision of the amended service and the remuneration and the resulting scheduling effects within 1 (one) week after submission of the offer in accordance with the above, Divital is entitled to reject the change in service requested by the customer. The customer is obliged to reimburse Divital for the expenses; this will be paid a lump sum of 15% of the offer amount (additional price) provided by Divital erts. Divital will then provide the services agreed in this contract. The service period is extended at least by the time the customer has processed the change request until it is commissioned or rejected by Divital.
Reference is made to point 5.4.
Divital or a person or company commissioned by it plans and installs the Divital system in accordance with the contractually agreed scope of services. The installation at the customer's site is carried out at a time agreed in advance with the customer. Divital always tries to involve the customer in installing the system in order to achieve the best possible
to achieve system functionality. All devices are intended for installation and operation indoors and in areas where the temperature is not below +5˚C or above +40˚C.
After installation, Divital and the customer sign an installation confirmation (acceptance). The installation confirmation must reflect the actual scope of the technical components installed and the services provided or yet to be provided. The installation confirmation must also include the activation date. In the event of discrepancies between installation confirmation and the contract regarding the scope of installation and service, the installation confirmation has priority. The scope of installation and services can be agreed through multiple installation confirmations, in particular if the equipment is installed in several steps.
The following applies to this: Divital will notify the customer that the installation has been completed and give him an acceptance date within a week. If the customer or a representative authorized by him does not appear on this acceptance date, Divitaldem will name a further acceptance date, which is within one week of the first appointment. If the customer or a representative authorized by him does not appear again on this acceptance date, the acceptance by the customer is considered to have taken place (acceptance fiction). The costs of futile acceptance attempts are borne by the customer.
After installation, the customer is briefed on the system functions by Divital or by a person or company commissioned by Divital and the operating instructions are handed over to the customer. Divital will give the customer a date for the briefing. If the customer or a representative authorized by him does not appear on this date, Divital will give the customer a further appointment. If the customer or a representative authorized by him does not appear on this date again, this is considered a waiver of the referral by the customer. Divital is not liable for the consequences of this failure to cooperate by the customer. The customer bears the costs of referral attempts.
Divital will use a remote maintenance service to perform routine inspections, perform updates, or remove components that falsely send large quantities of signals, and to ensure plant operation. Divital can carry out regular self-tests to ensure that the system can transmit information to the alarm center.
The customer can order further services and services provided by Divital in addition to the services they receive at any given time by contacting the customer service team. For the extended scope of services, we will create an addendum to the currently applicable contract. It also regulates the fees to be paid by customers.
If Divital provides services via a mobile application, the use must be specifically agreed upon. The providers of mobile telephone services apply to the user further terms of use or general business conditions. When transferring data from a smartphone to the dividend, costs may be charged by the mobile network provider, which must be borne by the customer. Divital assumes no liability for the connection with the customer's smartphone that is established with the participation of other service providers.
If Divital is contracted to provide services, the Divital investment will be put into operation by Divital for the customer, as agreed in the contract.
As part of the provision of plant operation services, the Divital plant is available around the clock and throughout the year via the customer's Internet connection and
/or connected to Divital's emergency call and service control center via the GPRS network.
The emergency call and service control center manages and processes incoming alarm messages based on existing expertise and experience, relevant legislation and recognized methods and standards in this sector.
Only in the event that the emergency call and service control center receives an alarm from the alarm system can Divital take the measures that have been agreed, including notifying the outpatient care service, relatives, the police, the fire department of Divital's choice by telephone, SMS and/or email.
Divital undertakes to check incoming alarm messages for false alarms through telephone checks, technical checks, etc., before the alarm is passed on to the aforementioned third service providers.
When operating the investment type Divital from third parties, depending on the functioning of the local area network, the Internet and the GPRS network. The customer is aware of this and accepts that Divital has no influence on this. Liability for the malfunction of Divital's services, except in cases of intent and gross negligence, exists only within the limits set out below.
If, in the opinion of the emergency call and service control center, the alarm requires measures from the police, emergency services, etc. on site, the emergency and service control center will also contact a care service named by the customer, who will visit the location where the customer's system is installed.
The customer is obliged to bear the costs that arise in the event of an alarm due to the deployment of police, fire brigade, emergency services, an outpatient care service or other agencies that are alerted to provide assistance. The customer has no claim for compensation from Divital for the costs charged to him.
If such costs are charged to Divital, the customer must release Divital from claims made by the named third parties.
Both Divital's claim for indemnification and the exclusion of a claim for compensation by the customer against Divital also apply in the event of false or false alarms, provided that these were not attributable in gross negligence or intentionally by an employee of Divital or are based on a defect in the investment for which Divital is responsible.
The provision of services begins in accordance with the contractual agreement after the installation of the system and the connection and activation of the system functions in the presence of another authorized representative from Divital.
Insofar as a work is the subject of the contract, the customer is obliged to accept the work produced in accordance with the contract, unless acceptance is excluded due to the nature of the work. The customer must report obvious defects to Divital by registered letter within 14 (fourteen) days. A protocol of acceptance is drawn up, which the customer and the Divital representative present sign. Paragraph 8.3.2 applies.
Depending on the contractual arrangement, Divital is exclusively responsible for the following services:
(a) Plant planning
(b) Installation of the system
(c) System operation
Divital is not responsible for causes and activities and their omissions by the Divital
- Alarm center notified third parties (care service, relatives, emergency services, etc.) responsible. Divital's responsibility ends with the transmission of information received at headquarters to the persons and/or bodies specified in the alarm plan.
Divital provides the contractually agreed services with reasonable care and expertise and in accordance with the agreement and information provided to the customer prior to the conclusion of the agreement. Divitalist is entitled to have activities carried out in whole or in part by third parties.
Divital cannot guarantee that the system signals necessary for proper operation of the system are consistently received by the Divital server, as the telephone/Internet connection and mobile connectivity cannot be available or limited for reasons beyond the control of Divital. The plant can be temporarily shut down for maintenance, troubleshooting or troubleshooting. If possible, Divital will announce this in good time.
The customer confirms that the system that Divital has installed on the customer's premises comprises the modules that the customer has chosen himself after taking due account of his requirements. The customer acknowledges and agrees that Divital's liability is limited in accordance with the agreements set out in Section 11.
If there is a defect or problem with the services, the customer has Divitalund
/or the person engaged by Divital/body immediately and Divital will use its best efforts to repair or rectify any deficiencies in the services as quickly as possible.
If the defect or malfunction in the services is caused (i) by access or changes to the system by persons other than the authorized personnel of DiVital or (ii) by a use of the system and its components that is not in accordance with the user manual, the customer must assume the costs of repeating the services or correcting malfunctions or defects in the services. Divital is not responsible for the consequences of such customer behavior.
In addition, Divital reserves the right to request or carry out a technical inspection of the alarm system before continuing to provide services in the event of frequent repetition of false alarms, battery defects or false alarm messages. A frequent repetition of alarms occurs when a false alarm has been triggered at least twice within a period of 24 hours or a false alarm at least three times within 48 hours. The customer shall bear the costs of these services, in particular of on-site deployments, provided that Divital is not responsible for the mentioned malfunctions.
If the customer misuses the system or has received false alarms by the emergency call and service control center as a result of acts or omissions on the part of the customer in a period of 6 (six) consecutive calendar months, 5 (five) or more false alarms caused by such misuse or omission.
The customer's other legal rights are not affected by the customer's remedies in accordance with the above.
The customer is obliged to participate in the execution of the contract, as reasonably necessary. The customer will follow appropriate instructions and guidelines from Divital, as agreed in these terms of contract. The customer shall ensure that the agreed functional requirements for operating the system are maintained and will provide Divital or by Divital agents to third parties with the necessary information for installation and operation (including naming hidden supply lines) and will provide Divital employees or third parties commissioned by Divital to achieve the purpose of the contract Request to grant access to the property. The customer ensures that the information in the action plan is correct and up to date at all times and undertakes to immediately inform Divital of any change in address or contact details required for the execution of the contract.
In the case of sales transactions, the customer must accept the contract delivery and accept work services. The regulations in accordance with point 8.3.2 above apply.
9.2.1 Internet connection
The customer guarantees that his Internet connection is available for the provision of the services, if this is necessary for plant operation and service provision by Divital. The customer must meet the technical and administrative conditions of the telecommunications providers. The customer must immediately inform Divital in text form of any circumstances that could prevent the transmission from working properly (change of telecommunications provider, repair, adjustment, etc.). The customer bears the costs necessary to establish and maintain the Internet connection.
The customer is prohibited from connecting the Divital system with Ritter solutions or applications, unless Divital expressly agrees to this. The customer must bear the costs and risk of the connection.
If Divital has provided the customer with a SIM card for signal transmission from the alarm system to the emergency call and service control center, the customer is not entitled to use this SIM card or the associated number for other purposes.
If the system contains one or more smoke detectors, the customer is expressly informed that Divital does not review the customer's obligations in the area of fire protection. The installation of smoke detectors is the responsibility of the customer with regard to compliance with the regulations applicable to them.
In order to enable Divital to plan the investment, the customer must grant Divital or the third party appointed by Divital representative access to the premises in which the investment is to be installed and provide all requested information completely and correctly.
In order to enable Divital or a third party commissioned by Divital to install the system, the customer has, at his expense,
(a) grant this free access to the premises on the agreed installation date;
(b) obtain all necessary approvals from third parties to set up the system (e.g., any necessary consent from the landlord);
(c) provide an unswitched 220-240 volt outlet protected by short circuit protection at the location of the central unit to be installed;
(d) to show the Divital any hidden water, gas, electricity, telephone or other lines in the vicinity of the system, although the Divital takes reasonable care to prevent damage to hidden lines;
(e) in the event that the customer is absent from carrying out the installation of the system, to appoint a representative who is authorized to make the necessary arrangements with Divital regarding the technical decisions and to take over the work; the customer is aware that the installation of the plant can be carried out in the presence of the customer or a representative appointed by him.
The customer is aware that during installation in walls/ceilings and/or technical components can be attached with special adhesive, and hereby agrees to these measures and (i) waives claims against Divital for damage to the walls and/or ceilings and (ii) releases Divital upon first request from claims made against Divital in this regard.
The customer must ensure that the system and the technical system components are used correctly at all times in accordance with the operating instructions.
The customer is responsible for maintaining an up-to-date and complete alarm plan, in particular for providing communication data from his outpatient care service and persons to be notified.
The customer is required to keep track of all notifications and events generated by the system and reset the system after an alarm has been triggered.
The customer gives Divital permission to remotely check the installation and connection of the system (via up/download - “remote maintenance”) and, if necessary, to adjust the system settings in order to ensure the quality of service without influencing the customer's obligations.
If the customer makes changes to their premises, such as renovation or modernization, the system requirements may change and the radio signals may be disrupted. Changes in telecommunications providers or broadband/IP transmission coverage can affect system functionality. If, as a result, Divital has to change or repair the system, the customer has borne the costs.
The customer must not cover the system and the system modules, and in particular motion detectors and fall sensors, with furniture and/or other objects in order not to restrict their functionality. Should this nevertheless happen, the proper provision of services by DiVital cannot be guaranteed.
The customer is obliged to provide dividend information about risks, health and safety risks or problems that are known to the client and of which Divital was unable to become aware of when inspecting the premises in the course of planning and installing the investment.
In the case of a mobile application, the customer must ensure that the SIM card provided by Divital is only used for the purpose of transmitting messages from the system to the alarm center and that misuse is excluded.
The customer is required to inform all users and registered contacts who interact with the system of their obligations. The customer is responsible for ensuring that the system and services are used correctly.
The customer is required to pay the service fees and other costs incurred by third parties for the power supply and all telephone charges connected to the system
/Internet services are calculated and ensures that the system is constantly connected to these services to ensure continuous operation of the system and to enable the automatic download of updated software using Divital. Divital assumes no liability for the performance and services of other suppliers, as well as any connection interruption caused by this and its consequences.
The customer is required to always ensure that all information provided to Divital orally or in writing is true and correct in every respect.
In addition, the customer's obligations set out in the respective systems included may apply in order to enable the proper operation of each agreed service.
In addition, the customer undertakes
(a) to keep the system and technical components installed in the building at the customer's site under control,
(b) not to manipulate, dismantle, misuse, neglect or damage the installation and its technical components,
(c) not to remove, manipulate or cross out labels from the system and technical components,
(d) to immediately notify Divital of loss or damage to parts of the equipment,
(e) to provide the keys required for the emergency service provider in good time and free of charge, with the customer ensuring that the keys provided are correct and match the associated locks.
In the current contractual relationship, the customer is prohibited from giving away, disposing of, selling and selling and selling the plant and all accessories owned by Divitalist.
In order to access a mobile application provided by Divital under a separate contract, Divital offers the customer the option of creating an individual user name and an individual password (“access code”). The customer is obliged to take measures to secure and keep his access code confidential.
The customer is fully responsible for entering and/or changing the data, including instructing people who can receive messages. The customer must ensure that the contact details, as well as the registered contacts provided by him, are always correct and up to date. Divital has no way of verifying the accuracy of the information. All costs associated with misinformation are borne by the customer and may be charged to him.
Divital is not liable for damage resulting from the breach of the above obligations.
The customer is liable to Divital for all breaches of the obligations assumed by him in the contract. This applies in particular to the customer's obligations to cooperate and other obligations, in particular in accordance with Section 9.
After the Divital system has been installed, the customer is liable in accordance with legal provisions for all damage that Divital suffers as a result of loss, theft, embezzlement, destruction or damage (including lightning) of (parts of) the system. When in this
If repair and/or replacement of (parts) of the system is necessary, the customer must bear the costs for this.
In addition, the customer is liable for any damage arising from Divital as a result of:
(a) unapproved repairs, unapproved modifications, or unapproved expansions to the plant carried out by someone other than Divital,
(b) careless and/or improper use or handling and/or faulty and/or improper maintenance of the system,
(c) Changes in environmental conditions following installation of the system.
The customer is not only liable for his own actions, but also for the actions of persons commissioned by him and persons who have prevented unauthorised access to the investment law.
Divital will make every effort to properly provide the contractual services and, in particular, to ensure the proper functioning of the investment as set out in the contract.
11.2.1 Divital is liable for material and legal deficiencies in accordance with the provisions of the Civil Code. However, the customer must first assert the rights to subsequent performance.
Only if the subsequent performance fails is he entitled to further warranty rights to self-action, resignation, reduction or compensation. In detail, the following regulations apply.
11.2.2 Claims made by the customer due to material defects expire one year from acceptance. If the subject of the order is the delivery of manufactured or imparted movable property and is the customer a legal entity under public law, a special fund under public law or an entrepreneur who acts in the exercise of his commercial or independent professional activity when concluding the contract, claims of the AG due to material defects expire one year from delivery.
11.2.3 The limitations in Section 11.2.2 do not apply to damages based on a grossly negligent or intentional breach of duties by Divital, its legal representative or its vicarious agents, as well as injury to life, body or health.
11.2.4 If, in accordance with the statutory provisions, Divital has a claim caused by slight negligence, Divital has limited liability: Liability exists only in the event of a breach of essential contractual obligations, such as those which the customer intends to impose in accordance with its content and purpose or whose fulfilment enables the proper execution of the order in the first place and on whose compliance the customer trusts and may rely on. This liability is limited to typical damage foreseeable at the time of conclusion of the contract.. The parties agree that the typical and foreseeable damage is a maximum of two annual fees. If the service period is less than one (1) year, the typical and foreseeable damage is the amount equal to the fees to be paid by the customer during that period.
11.2.5 The parties agree that Divital is not liable for so-called indirect and/or sequential damages, including but not limited to lost profit and loss of production. Works of art, cash and jewelry or similar goods are not within the scope of protection of the contractually agreed security system. The customer provides
Divital is therefore exempt from any liability for damage caused by the theft of such goods.
11.2.6 The above provisions also apply to any liability that is independent of fault (e.g. in accordance with Section 536a (1) of the Civil Code, insofar as applicable).
11.2.7 The personal liability of Divital's legal representatives, vicarious agents and employees for damage caused by them as a result of slight negligence is excluded. Section 11.2.3 applies mutatis mutandis to the above liability limitation and exclusion of liability.
11.2.8 Irrespective of the fault of Divital, any liability of Divital in the event of fraudulent concealment of the defect, from the assumption of a guarantee or procurement risk and under the Product Liability Act remains unaffected. Clarifying, it is stated that the service descriptions do not represent any property assurances or the assumption of a guarantee or procurement risk by Divital.
11.2.9 If a defect is to be remedied, the following applies:
(a) Claims due to material defects must be submitted by the customer to Divital in writing.
(b) In the event of repair, the customer may assert technical claims based on the order for the parts installed to remedy the defect until the expiry of the limitation period of the original order.
11.2.10 Liability for other damages
Liability for loss of money and valuables of any kind that are not expressly held in custody is excluded.
Other customer claims, which are not regulated in Sections 11.2.1 to 11.2.9, expire within the regular limitation period.
11.2.11 The violation of the customer's obligations to cooperate waives all of the customer's claims regulated above to the extent permitted by law. Section 8.2.2, 5th subparagraph, remains unaffected.
11.2.12 Divital is exempted from all liability in cases where the failure of the installation and connection of the system, in particular the absence of a signal, is attributable to a third party or was caused by negligent action by the customer.
11.2.13 Divital is exempted from any liability arising from manipulation, sabotage or other action against the investment by third parties, whether physically or through the use of mechanisms that can shut it down and as a result of which the investment is unable to fulfill its purpose as a result. Manipulation, sabotage or other action must have taken place if the technical tests and records of the installation prove that the installation was functioning properly before the manipulation, sabotage or any other action was taken.
11.2.14 Divital is not liable for non-receipt of messages caused by incorrect and/or outdated contact information.
11.2.15 Divital is not liable for defects related to the malfunction of the means of communication used by the customer to send messages to and from the emergency call and service center, or for defects caused by a third party or supplier of (tele) communication services used in implementing the services. Furthermore, Divital is not responsible for the consequences of the deactivation or (temporary) interruption of such (tele) communication services that cannot be attributed to Divital.
11.2.16 Divital is also not liable for the action or omission of the service provider alerted on behalf of the customer and other third parties (e.g. outpatient care service,
rescue service, doctor, relatives, other named contacts).
If it is determined that consumables - such as batteries - need to be replaced, they will be sent to the customer. The customer must carry out the replacement himself on the basis of a user manual provided by Divital. The batteries in the radio finger are excluded from this.
If, on Divital's instructions, an employee has to visit the customer's property, this is done at the agreed date and time. These services provided in accordance with the agreement will be invoiced to the customer at the respective hourly rate. The customer ensures that the employee is granted access to the property on the day and at the time when the appointment takes place. A cancellation of the appointment by the customer must be made at least 24 (twenty-four) hours in advance by telephone or e-mail, otherwise the customer must pay for the unnecessary travel time according to the applicable hourly rate and the futile travel expenses, if incurred.
If the customer uses system operating services from Divital, the offer from Divital is always decisive for the provision of services and remuneration.
The customer is obliged to immediately report any damage in accordance with the above liability provisions in text form or to have Divital recorded by Divital so that Divital is informed as early as possible and can reduce damage together with the customer.
Divital takes the security of the customer's personal data seriously and processes the customer's data in accordance with the customer's instructions, contractual regulations and applicable regulations to achieve the purpose of the contract. Divital takes all necessary internal security measures to protect the customer's personal data. The customer is aware that the internet-based transmission of this data with the involvement of third parties (such as Internet providers, telecommunications providers) entails the risk of access by unauthorised third parties despite encryption of the data. The customer accepts this based on the risk statement and therefore releases Divital from all claims.
Details can be found in the privacy policy, which applies to the contractual relationship. In addition, the declarations of consent given by the customer apply.
The customer authorizes Divital, after taking appropriate technical and organizational measures (in accordance with 28DSGVO), to transfer his personal data to any company that belongs to the same group of companies as Divital and to other third parties who execute the contract for Divital. The same applies to third parties named by the customer as well as rescue services, doctors, outpatient care services, etc. in emergencies.
By signing the contract, the customer gives his consent (in accordance with 6.1. GDPR) that Divital will record some telephone conversations with the customer and/or his registered contacts for training and quality purposes. If the customer rejects the recording, the recording will be omitted or the recording will be deleted.
Each party official is obliged to keep secret from third parties all confidential data, regardless of the form in which it has received from the other party.
Both parties agree to disclose confidential information only to the extent necessary for performance or permitted under the contract.
Confidential information from a party is not considered to be information that:
(a) are not or will not be public as a result of a trade or an omission of the other party;
(b) was legally owned by the other party prior to disclosure and was not obtained directly or indirectly by the disclosing party by the other party;
(c) are lawfully disclosed to the other party by a third party without limiting disclosure;
or
(d) be developed independently by the other party.
The parties may, without breach of their duties to treat information confidentially in accordance with this provision Confidential Information
(a) transfer to persons who are required by law to maintain confidentiality,
(b) disclose in legal proceedings arising out of or in connection with the contract,
or
c) to disclose to an authority, provided that this fulfils a legal obligation.
Without prior written consent from Divital, the customer is not entitled to transfer rights and obligations arising from the contract in whole or in part to a third party.
In particular, the customer is liable for his obligations under the contract in the event of a move. If the customer moves to another property, Divital must be notified of this in writing at least 1 (one) month in advance.
If the customer moves to another property, the contract will continue unchanged, unless this is not possible, in particular for external, legal or economic reasons (e.g. because Divital cannot provide the contractually agreed services in the new property). In this case, the customer and Divital are entitled to cancel in accordance with Section 5.
If the customer moves to another property and the contract can be continued, Divital will install and commission the system there. Divital is entitled to demand the costs associated with the move from the customer.
In the event that the customer moves, he can, upon payment of a service fee, receive the “Divital
- Take advantage of the removal service.” By this, DiVital is commissioned to uninstall the alarm system and reinstall the alarm system at the new residence. This only applies to moving to an area within Germany served by Divital.
The customer expressly authorizes Divital to assign and transfer the rights and obligations arising from the contract in whole or in part to third parties, provided that the obligations entered into vis-à-vis the customer are not affected and the transfer has been notified to the customer in text form. In particular, Divital may assign or sell claims to third parties arising from the invoice amounts due and enforceable against the customer at the time of assignment. In this case, the customer is obliged to participate adequately in the transfer.
Insofar as the customer is a consumer within the meaning of § 13 BGB, he is entitled, except in the case of legal succession under the law, to cancel the contract for a period of 30 (thirty) calendar days from notification of the transfer without consequences. If no cancellation is made within the above period, this is considered as the customer's consent to the transfer. Insofar as the customer is not a consumer, he is entitled to cancel the contract within a period of 30 (thirty) calendar days from notification of the transfer if the transfer affects the customer's legitimate interests.
Neither party is liable to the other party or responsible for any failure or restriction or delay in fulfilling its obligations if this is due to events in Germany beyond its control, such as (without limitation):
(a) Power or mobile network failure
(b) Failure of public or private communications networks
(c) Failure of transportation services
(d) Labor disputes
(d) extreme weather conditions
(e) Fire
(f) Explosion
(g) Natural damage events (such as floods, earthquakes, etc.)
(h) Riots and war events
(i) Pandemics.
Divital is also free to act in the same or similar way for customers other than the respective contractual partner. As a result, the customer does not enjoy any protection from competition.
During the contract period, the customer will refrain from using third parties to provide services that are similar to those regulated in the contract with Divital. The customer is not entitled to use devices and other hardware etc. installed by Divital himself or to allow third party providers of services that are similar to the contractual services.
In addition, the customer of a plant installation and operation contract will do the legally and factually in force to exclude tenants/users/patients who live in the property in which the Divital system has been installed from third-party providers that are similar to the services provided by Divital. He will do everything he can to connect all tenants/users/ patients who live in the property or their apartments to the Divital plant.
This contract is subject to the laws of the Federal Republic of Germany. Without prejudice to mandatory conflict of law rules, the United Nations Convention on the International Sale of Goods (CISG) does not apply.
Divital will inform the customer in writing or by e-mail of any changes to these general terms and conditions. As far as changes do not concern essential contractual provisions, the customer's consent to the amendment of these general terms and conditions is deemed to have been granted unless he objects to the change in writing within 2 (two) weeks of receipt of the change notification. With the notification of change, Divital undertakes to expressly notify the customer of the respective amendments, sending the amended general terms and conditions and the consequences of failure to object.
The customer hereby expressly confirms that he has received and understood all information about the functionalities of the Divital investment for proper use and expressly accepts all clauses of the contract and the above general terms and conditions.
If the customer is an entrepreneur, all disputes that may arise from the contract will be settled by the competent courts in Düsseldorf.
