Hosting Policy
*Users of the hosting service hereinafter referred to as "Owner" - Ampchampment (Nowak IT Solutions) hereinafter referred to as "NITS".
§ 1 USE
(1) The owner is obliged to connect the reading device himself and to send it back to NITS after the end of the contractual relationship. NITS will bear the costs for shipping the readout device. It is the owner's responsibility to ensure that the reader is properly connected and returned.
(2) All devices connected by NITS in the exercise of its rights under this contract remain the property of NITS and do not pass to the owner.
§ 2 ENTERTAINMENT, LIABILITY
(1) NITS will always keep the reading device in a roadworthy condition.
(2) NITS is liable within the framework of the statutory provisions.
(3) If work is carried out on the vehicle's OBD2 connection during the contract period, the owner will - depending on the requirement - temporarily dismantle the reading device. After completion of the work, the reader will use the original OBD2 connection again.
§ 3 REVENUE SHARE
(1) The revenue share includes the installation of the reading device. From the start of the contract, the revenue share is 15%, which is generated through the sale of the vehicle data generated by the reading device. The rent is due on April 15; 15.7; 15.10; 15.1 is due and payable to the payment method specified by the Owner.
(2) With the in para. (1) mentioned amount all ancillary and operating costs are covered. There is no separate calculation.
§ 4 CONTRACT DURATION
(1) The contract runs for an indefinite period. Both contracting parties can terminate this contract with a notice period of 30 days to the end of each month. Ordinary termination is possible for the first time with effect from December 31, 2023. The possibility of extraordinary termination for good cause remains unaffected.
(2) NITS is entitled to extraordinary termination of this contract with effect from the end of each month until the read-out device has been installed, in particular if it turns out that the vehicle is technically unsuitable for the operation of the read-out device or if the installation of the read-out device is not possible for technical reasons or is not possible with economically justifiable effort.
(3) The owner is particularly entitled to extraordinary termination of this contract, with immediate effect, if NITS is in arrears with the payment of rent for more than 2 months after a written reminder or continues to use the item in breach of contract despite a written warning.
(4) The termination must be in writing.
§ 5 TERMINATION
(1) If the contractual relationship ends, the owner is obliged to remove the reading device at his own expense and return it to NITS within 14 days. The cost of shipping the device will be borne by NITS. If the owner does not meet his dismantling obligation, he will not be granted any further distribution in accordance with §3 for the period after the end of the contract.
§ 7 FINAL PROVISIONS
(1) If the owner transfers the vehicle during the term of this contract, he will inform his legal successor about the present contract and inform NITS of the transfer of rights.
(2) Agreements other than those made in this contract do not exist. Changes and additions to this contract must be in writing. This also applies to an agreement through which the written form requirement is to be abolished.
(3) Should individual provisions of this contract be or become invalid or unenforceable, the validity of the remaining provisions shall remain unaffected. Any such invalid or unenforceable provision will automatically be replaced with retroactive effect by a valid and enforceable provision that comes as close as possible to the objectives pursued by the parties when signing the Agreement. The same applies in the case of gaps in the contract.
(4) The owner agrees to the storage of the personal data recorded in this contract. The provisions of the Federal Data Protection Act in the currently valid version apply.