Thank you for looking at our Terms and Conditions which are divided into three sections as they are specific to the different areas in which level421 operates.
Registered office of the provider/supplier/contractual partner:
Luzon, Pampanga, Candaba,
124 Tomas Street
Tel.: +63 906 486 9281
SEC Registration Number: CS201910865
BIR Registration Number: 010363510
The provider's registered office are located in Philippines.
The following applies to the following sections as agreed across the board:
Philippine law applies. The provisions of the UN sales law do not apply.
(2) All changes to the contract, both changes and additions - including this regulation - must be in writing. Verbal subsidiary agreements or agreements by e-mail have not been made.
(3) Should one of the above provisions of the contract be ineffective, this shall not affect the validity of the other provisions and the contract. The contracting parties undertake to create a new provision with regard to the ineffective provision that comes as close as possible to the economic intent of the ineffective provision.
(4) Both parties agree to find a provision that comes closest to the interpretation of the provision, which is valid according to Philippine legislation and Philippine regulations.
(5) If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship is the place of business of the provider. The same applies if the customer does not have a general place of jurisdiction in Philippines or their usual places of residence are not known at the time the action is filed.
(6) The customer agrees that if he has concluded an Internet access contract, this can be transferred to another independent domestic or foreign company.
(7) Upon request, each customer must prove their identity either by means of a corresponding company entry or copies of their private passport.
(8) The customer is aware that the provider may discontinue the Internet access service provided at any time and without giving reasons. This can be a regional setting or a global setting.
SECTION 1: Applicable to Online Shop Orders
I TERMS AND CONDITIONS FOR ONLINE SHOP ORDERS
§ 1 Basic Provisions
(1) The following terms and conditions apply to contracts that you conclude with us as a provider level421 via our online shop (marketplace). Unless otherwise agreed, the inclusion of any terms you may have used is contradicted.
(2) A consumer within the meaning of the following regulations is any natural person who concludes a legal transaction for purposes that can predominantly neither be attributed to their commercial nor their self-employed professional activity. An entrepreneur is any natural or legal person or a partnership with legal capacity who, when concluding a legal transaction, acts in the exercise of their independent professional or commercial activity.
§ 2 Conclusion of the contract
(1) The subject of the contract is the sale of goods. We sell the goods partially or exclusively as a commission agent in our own name for the account of a third party, i.e. for a third party as the owner of the goods. Irrespective of this, we are contractual partners with all rights and obligations. Our offers on the Internet are non-binding and not a binding offer to conclude a contract.
(2) You can submit a binding purchase offer (order) via the online shopping cart system. The goods intended for purchase are stored in the "shopping cart". You can use the corresponding button in the navigation bar to call up the "shopping cart" and make changes there at any time. After calling up the "Checkout" page and entering your personal data as well as the terms of payment and shipping, all order data is then displayed again on the order overview page. Before sending the order, you have the opportunity to check all the information here again, to change it (also via the "back" function of the internet browser) or to cancel the purchase. By sending the order via the button "Order with obligation to pay" submit a binding offer to us. You will first receive an automatic e-mail about the receipt of your order, which does not yet lead to the conclusion of a contract. If you paid via an external payment provider, you will receive this confirmation email from them.
(3) The acceptance of the offer (and thus the conclusion of the contract) takes place within 2 days by confirmation in text form (e.g. e-mail), in which the execution of the order or delivery of the goods is confirmed to you (order confirmation). If you have not received a corresponding message, you are no longer bound to your order. Any services already provided will be reimbursed immediately in this case.
(4) Your requests for the preparation of an offer are non-binding for you. We will make you a binding offer in text form (e.g. by e-mail), which you can accept within 5 days.
(5) The processing of the order and the transmission of all information required in connection with the conclusion of the contract takes place via e-mail, in some cases automatically. You must therefore ensure that the e-mail address you have given us is correct, that the receipt of the e-mails is technically guaranteed and, in particular, that it is not prevented by SPAM filters.
§ 3 Contract period / cancellation of subscription contracts
(1) The subscription contract concluded between you and us has the agreed term. If the contract is not terminated by one of the parties in text form (e.g. e-mail) 4 weeks before the end of the contract (unless another period is stipulated in the respective offer), it is tacitly extended by the agreed basic term. However, if the basic term is more than one year, the contract is only extended by one year at a time.
(2) The right to termination without notice for important reasons remains unaffected.
§ 4 Individually designed goods
(1) You provide us with the appropriate information, texts or files required for the individual design of the goods via the online ordering system or by e-mail at the latest immediately after the conclusion of the contract. Any of our specifications for file formats must be observed.
(2) You undertake not to transmit any data whose content infringes the rights of third parties (in particular copyrights, naming rights, trademark rights) or violates existing laws. You expressly release us from all third-party claims asserted in this context. This also applies to the costs of the legal representation required in this context.
(3) We do not check the transmitted data for correctness of content and assume no liability for errors in this respect.
(4) Insofar as we create texts, images, graphics and designs for you as part of the individual design, these are subject to copyright. Without our express consent, any use, reproduction or modification of individual parts or complete content is not permitted. Unless otherwise agreed, we grant you an unlimited right to use the copyrighted works created for you. You are expressly prohibited from making the protected works or parts thereof available to third parties in any way, privately or commercially. The transfer of the right of use is subject to the condition precedent of full payment of the agreed purchase price.
§ 5 Special agreements on offered payment methods
(1) Credit check
If we pay in advance, e.g. when paying on account or direct debit, we reserve the right to carry out a credit check and refuse the payment method on account or direct debit.
(2) SEPA direct debit (basic and/or company direct debit)
When paying by SEPA core direct debit or SEPA company direct debit, you authorize us to collect the invoice amount from the specified account by issuing a corresponding SEPA mandate. We will provide you with the forms for issuing the SEPA mandate on our website or by email at the latest immediately after the conclusion of the contract. You are obliged to send us the mandate to be issued by you in writing with your signature within 5 days of the conclusion of the contract. The direct debit is collected within 3 days for delivery of the goods in Germany, for deliveries abroad within 3 days after conclusion of the contract. The deadline for submitting the pre-notification is reduced to 5 days before the due date. You are obliged to ensure that the account has sufficient funds on the due date. In the event of a returned direct debit due to your fault, you must bear the bank charges incurred. We reserve the right to exclude the payment methods SEPA core direct debit and/or SEPA company direct debit in individual cases.
§ 6 Right of retention, retention of title
(1) You can only exercise a right of retention insofar as it concerns claims from the same contractual relationship.
(2) The goods remain our property until the purchase price has been paid in full.
(3) If you are an entrepreneur, the following also applies:
a) We reserve ownership of the goods until all claims from the current business relationship have been settled in full. Pledging or assignment as security is not permitted before ownership of the reserved goods has passed.
b) You can resell the goods in the ordinary course of business. In this case, you assign to us all claims in the amount of the invoice amount that accrue to you from the resale, and we accept the assignment. You are further authorized to collect the claim. However, if you do not meet your payment obligations properly, we reserve the right to collect the claim ourselves.
c) If the reserved goods are combined and mixed, we acquire co-ownership of the new item in proportion to the invoice value of the reserved goods to the other processed items at the time of processing.
d) We undertake to release the securities to which we are entitled at your request insofar as the realizable value of our securities exceeds the claim to be secured by more than 10%. We are responsible for selecting the securities to be released.
§ 7 Warranty
(1) The statutory warranty rights apply.
(2) In the case of used items, the warranty period is one year from delivery of the goods, in deviation from the statutory provisions. The one-year warranty period does not apply to culpably caused damage from injury to life, limb or health and grossly negligent or intentional damage or fraudulent intent on the part of the provider.
(3) If you are an entrepreneur, the following applies in deviation from paragraph 1:
a) Only our own information and the manufacturer's product description are deemed to be agreed as the quality of the goods, but not other advertising, public promotions and statements by the manufacturer.
b) You are obliged to examine the goods immediately and with due care for deviations in quality and quantity and to notify us in writing of obvious defects within 7 days of receipt of the goods; timely dispatch is sufficient to meet the deadline. This also applies to hidden defects found later upon discovery. In the event of a breach of the obligation to examine and give notice of defects, the assertion of warranty claims is excluded.
c) In the event of defects, we shall provide a warranty, at our discretion, by rectification or replacement delivery. If the elimination of the defect fails, you can either demand a price reduction or withdraw from the contract. The rectification of defects is deemed to have failed after a second unsuccessful attempt, unless something else arises from the nature of the item or the defect or the other circumstances. In the case of rectification, we do not have to bear the increased costs that arise from transporting the goods to a location other than the place of performance if the transport does not correspond to the intended use of the goods.
d) The warranty period is one year from delivery of the goods. The shortened warranty period does not apply to culpably caused damage from injury to life, limb or health and grossly negligent or intentional damage or fraudulent intent.
§ 8 Liability
(1) We are fully liable for damage resulting from injury to life, limb or health. Furthermore, we are liable without restriction in all cases of intent and gross negligence, in the case of fraudulent concealment of a defect, in the case of assumption of the guarantee for the condition of the object of purchase and in all other cases regulated by law.
(2) Liability for defects within the framework of the statutory warranty is based on the relevant regulation in our customer information for online shop orders (Part II) and general terms and conditions for online shop orders (Part I).
(3) If essential contractual obligations are affected, our liability for slight negligence is limited to the foreseeable damage that is typical for the contract. Essential contractual obligations are essential obligations that arise from the nature of the contract and the violation of which would jeopardize the achievement of the purpose of the contract as well as obligations that the contract imposes on us according to its content in order to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance you can regularly rely.
(4) In the event of a breach of insignificant contractual obligations, liability for slightly negligent breaches of duty is excluded.
(5) According to the current state of the art, data communication via the Internet cannot be guaranteed to be error-free and/or available at all times. In this respect, we are not liable for the constant or uninterrupted availability of the website and the service offered there.
II. CUSTOMER INFORMATION FOR ONLINE SHOP ORDERS
1. Identity of Seller
see place of business of the contractual partner is mentioned at the beginning of this document.
2. Information on the conclusion of the contract
The technical steps to conclude the contract, the conclusion of the contract itself and the correction options are carried out in accordance with Section 2 of our General Terms and Conditions for the online shop (Part I.).
3. Storage of contract text
We do not save the full text of the contract. Before sending the order via the online shopping cart system, the contract data can be printed out or saved electronically using the print function of the browser. After we have received the order, the order data, the information required by law for distance contracts and the general terms and conditions will be sent to you again by email. If you request an offer outside of the online shopping cart system, you will receive all contract data as part of a binding offer by e-mail, which you can print out or save electronically.
4. Essential characteristics of the goods or service
The essential features of the goods and/or service can be found in the item description and the additional information on our website.
5. Prices and terms of payment
5.1. The prices listed in the respective offers and the shipping costs represent total prices. They include all price components including all applicable taxes.
5.2. The shipping costs are not included in the purchase price. They can be called up via a correspondingly designated button on our website or in the respective item description, are shown separately in the course of the ordering process and are to be borne by you in addition, unless free delivery has been promised.
5.3. The payment methods available to you are shown under a correspondingly designated button on our website or in the respective item description.
5.4. Unless otherwise stated for the individual payment methods, the payment claims from the concluded contract are due for payment immediately.
6. Terms of Delivery
6.1. The delivery conditions, the delivery date and any existing delivery restrictions can be found under a correspondingly designated button on our website or in the respective item description.
6.2. If you are a consumer, it is regulated by law that the risk of accidental loss and accidental deterioration of the item sold during shipment only passes to you when the goods are handed over to you, regardless of whether the shipment is insured or uninsured. This does not apply if you have independently commissioned a transport company not named by the contractor or another person responsible for carrying out the shipment. If you are an entrepreneur, the delivery and shipment is at your own risk.
7. Statutory liability for defects
7.1. The liability for defects for our goods is based on the "Warranty" provision in our General Terms and Conditions (Part I).
7.2. As a consumer, you are asked to check the goods immediately upon delivery for completeness, obvious defects and transport damage and to inform us and the carrier of any complaints as soon as possible. If you do not comply, this has no effect on your statutory warranty claims.
8. Contract Term / Termination
Information on the term of the contract and the conditions for termination can be found in the regulation "Contract term / termination of subscription contracts" in our General Terms and Conditions (Part I), as well as in the respective item description.
Section 2: Applicable to Internet Access Hardware
level421, hereinafter referred to as "Provider", informs below about their terms and conditions, applicable to every contract for the delivery of hardware that is concluded between a customer and the provider. These terms and conditions apply to every hardware delivery carried out by the provider that is directly related to the delivery of the Internet.
I.) ACQUISITION OF ACCESS HARDWARE
§ 1 Basic Provisions
(1) These terms and conditions apply to all current and future deliveries of access hardware.
(2) Consumers within the meaning of the terms and conditions are natural persons with whom a business relationship is entered into without a commercial or independent professional activity being attributable to them. Entrepreneurs within the meaning of the terms and conditions are natural or legal persons or partnerships with legal capacity, with whom a business relationship is entered into, who act in the exercise of a commercial or independent professional activity. Customer iSd terms and conditions are both consumers and entrepreneurs.
(3) A normal business relationship with the provider consists of up to four separate contracts.
(4) The contract for the delivery of hardware (1st purchase contract). The contract for its installation and operational provision (2nd installation contract), as well as for the operation of access to the Internet and the telephone. (3.- Contract of Use/Access Providing Contract) and the contract for the maintenance of the hardware (4.- Maintenance Contract)
(4) Deviating, conflicting or supplementary terms and conditions, even if known, are not part of the contract unless their validity is expressly agreed to in writing.
§ 2 Subject of the contract
(1) The subject matter of the purchase contract are hardware components (hereafter hardware) that are described and specified in more detail in our offers (online or offline).
(2) The total purchase price including VAT is due on the day of delivery by cash on delivery and is payable immediately without deduction. Deliveries abroad are only made against prepayment. For all deliveries, the customer bears all import costs including local handling costs, taxes and duties.
(3) If the provider does not have the hardware in stock as standard goods (applies to the mobile units), he can demand a down payment of 75% of the sales price.
(4) The conclusion of the contract is subject to the correct and timely delivery to us by our suppliers. This only applies in the event that we are not responsible for the non-delivery, in particular if a congruent hedging transaction is concluded with our supplier. The consideration will be refunded immediately if the customer is based in Germany. International customers will receive a refund with the processing costs deducted.
§ 3 Delivery
(1) A delivery will not take place unless it has been explicitly agreed. The customer must pick up the goods at the Provider's place of business. If the goods are sent by freight or delivery services, the actual costs incurred plus packaging costs will be passed on to the customer.
(2) Agreed delivery dates are to be understood as approximate information. Delays in delivery are due to bottlenecks in parts or individual components that are common in the industry.
(3) The provider advises the customer within the scope of his knowledge. He does not owe any advice on technical requirements and the usability of the components for specific purposes.
(4) The customer will be instructed on the specifics of the system on the day of commissioning. This is done either by telephone, or in person, insofar as he has also booked an installation. Provider reserves the right to minor deviations between the information in the product specification and the actual operation of the installed system.
(5) If the customer has not picked up the goods within 14 days of receipt of notification of the arrival of the goods, the risk of accidental loss passes to the customer. The risk of transporting goods to crisis areas is generally borne by the customer.
§ 4 Right of Withdrawal
(1) In the case of a distance contract, the consumer has the right to revoke his declaration of intent to conclude the contract within two weeks in writing without giving reasons or by returning the item. The provider also adheres to this provision, which applies within the European Union. The period begins at the earliest with receipt of this instruction. The timely dispatch of the cancellation or the item is sufficient to meet the cancellation deadline. The revocation must be sent to the contractual partner mentioned at the beginning.
(2) The right of withdrawal does not apply to the delivery of goods that are made to customer specifications.
If the goods have already left our warehouse, the provider can insist on payment of the full product price. The customer must at least bear the costs incurred for shipping the goods, as well as the costs for payment transactions and the internal process costs incurred by the provider. In the case of refusal of acceptance, the goods must be transported back to the provider at the customer's expense. The customer also bears these costs.
(3) In the event of an effective revocation, the services received by both parties are to be returned and any benefits (e.g. interest) surrendered. If the service received cannot be returned by the customer in whole or in part or can only be returned in a deteriorated condition, the consumer may have to pay compensation. The customer may examine the goods cautiously and carefully. The customer has to bear the loss of value, which leads to the fact that the goods can no longer be sold as "new" due to the use beyond the mere examination.
(4) When exercising the right of withdrawal, the customer is obliged to return the goods if the goods can be sent by parcel. If you exercise your right of revocation, you bear the costs of returning the goods, unless the delivered goods do not correspond to the goods ordered.
§ 5 Warranty
(1) If the customer is an entrepreneur, we initially provide a warranty for defects in the goods, at our discretion, by rectification or replacement delivery.
(2) If the customer is a consumer, he initially has the choice of whether subsequent performance is to be carried out by means of repairs or a replacement delivery. However, the provider is entitled to refuse the type of supplementary performance chosen if it is only possible with disproportionate costs and the other type of supplementary performance remains without significant disadvantages for the consumer.
(3) If the supplementary performance fails, the customer can demand a reduction in payment or cancellation of the contract, at his own discretion. In the event of only a minor breach of contract, in particular in the case of only minor defects, the customer is not entitled to withdraw from the contract.
(4) Entrepreneurs must notify us in writing of obvious defects within a period of two weeks from receipt of the goods, otherwise the assertion of warranty claims is excluded. Deadline is sufficient for the timely dispatch. The entrepreneur bears the full burden of proof for all prerequisites for a claim, in particular the defect itself, for the time the defect was discovered and for the timeliness of the notice of defects.
(5) Consumers must inform us in writing of obvious defects within a period of two months after the point at which the non-contractual condition of the goods was determined. The receipt of the notification by us is decisive for keeping the deadline. If the consumer fails to provide this information, the warranty rights expire two months after the defect has been discovered. This does not apply in cases of malice of the seller. The consumer bears the burden of proof for the time at which the defect was discovered. If the consumer was persuaded to buy the goods by incorrect manufacturer statements, he has the burden of proof for his purchase decision. In the case of used goods, the consumer bears the burden of proof that the item is defective.
(6) If the customer chooses to withdraw from the contract due to a defect in title or quality after supplementary performance has failed, he is not entitled to any additional claims for damages due to the defect.
(7) If the customer chooses to withdraw from the contract due to a defect in title or quality after supplementary performance has failed, he is not entitled to any additional claims for damages due to the defect
(8) If the customer chooses compensation after subsequent performance has failed, the goods remain with the customer if this is reasonable for him. Compensation for damages is limited to the difference between the purchase price and the value of the defective item. This does not apply if the provider caused the breach of contract fraudulently. For entrepreneurs, the warranty period is one year from delivery of the goods. For consumers, the warranty period is two years from delivery of the goods. In the case of used items, the limitation period is one year from delivery of the goods. This does not apply if the customer has not notified us of the defect in good time (Section 4 of this provision
(9) If the customer is an entrepreneur, only the product description of the manufacturer is deemed to be agreed as the quality of the goods. Public statements, promotions or advertising by the manufacturer do not represent any contractual information on the quality of the goods.
(10) If the customer receives defective assembly instructions, we are only obliged to deliver assembly instructions that are free of defects and only if the defect in the assembly instructions prevents proper assembly. English assembly instructions do not constitute a defect.
(11) The customer only receives guarantees from us in the legal sense if the provider is also the manufacturer of the product.
§ 6 Retention of title
(1) The specified system including accessories is subject to the provider's retention of title until the purchase price has been paid in full.
§ 7 Limitation of Liability
(1) In the case of slightly negligent breaches of duty, our liability is limited to the foreseeable, contract-typical, direct average damage depending on the type of goods. This also applies to slightly negligent breaches of duty by our legal representatives or vicarious agents.
(2) We are not liable to entrepreneurs for slightly negligent breaches of insignificant contractual obligations.
(3) The above limitations of liability do not apply to customer claims arising from product liability. Furthermore, the limitations of liability do not apply to bodily injury or damage to health attributable to us or in the event of loss of life of the customer.
(4) Claims for damages by the customer due to a defect expire one year after delivery of the goods. This does not apply if we be accused of fraud.
§ 8 Installation and commissioning
(1) The systems delivered by the provider are usually transmitter systems that require professional installation. The customer assures the provider that if he does not commission the provider with the installation himself, he will provide suitable personnel at his own expense who can carry out the installation professionally.
§ 9 CE conformity
(1) The systems delivered by the provider are usually systems whose usual place of use is outside the European Union. The systems are usually assembled from different individual components according to customer requirements.
(2) Operation within the European Union is not permitted, since the applicable limit values that are necessary to achieve CE conformity may not be complied with.
(3) If the customer intends to operate within the European Union, he must notify the provider of this. In this case, the latter will provide the customer with sufficient advice on what to do in order to comply with the applicable regulations.
(4) Measures that are necessary to achieve EU conformity can result in a deterioration in performance. The customer must accept this if he insists on CE conformity.
(5) If the customer intends to operate within the European Union, he must notify the provider of this. In this case, the latter will provide the customer with sufficient advice on what to do in order to comply with the applicable regulations.
(6) If the customer nevertheless uses the system within the EU, this occurs without the provider assuming any responsibility.
§ 10 Licensing Obligation
(1) Fees that may be incurred in the respective country of use for the use of systems supplied by the provider must be paid directly to the respective government agency by the operator of the system. In this context, it may be necessary to register the system with the relevant authority for postal and telecommunications.
(2) A corresponding operating license cannot be provided by the provider because, unlike in mobile communications, for example, licenses for bidirectional satellite communication are always awarded directly between the end user and the respective regulatory authority of the respective country in which operation is to take place.
(3) Basically, according to applicable international law, providers can be ordered by a government to deactivate the satellite service if local license fees have not been paid.
(4) There are numerous countries in the EU where operation is license free, depending on the nature and type of the system in question. The provider only has the obligation to inform the customer about the fact that his system is subject to a license obligation. If the customer ignores this, the provider is not liable for the resulting damage.
II) TEMPORARY RENTAL OF ACCESS HARDWARE TO THE INTERNET (RENTAL or LOAN)
The following terms and conditions apply to the temporary transfer of hardware (rent or loan) between a customer and the provider.
§ 1 Basic Provisions
(1) If the provider provides the customer with devices that remain the property of
the provider according to the product or contract agreement, the following special provisions apply: During the contract period, the provider provides the customer with the hardware for proper and careful use.
(2) A normal business relationship with the provider consists of up to three separate contracts. The contract for the rental of hardware (a-rental contract) .
(3) The contract for its installation and operational provision (b-installation contract), as well as for the operation of access to the Internet and the telephone. (c- User Agreement/ Access Providing Agreement)
§ 2 rental period
(1) The rental period begins when the customer picks up the rental device on site or when the provider delivers the rental device to the customer and ends at the time agreed in the order when it is returned by the customer on site or collected from the customer by the providers.
§ 3 Terms of payment and contract period
(1) The prices resulting from the respective price or the individual offer are in euros, plus costs for travel and installation service, if applicable, and are subject to change from the provider's place of business. Rent for hardware is billed once a year in advance , provided that it is not collected together with the monthly Internet access fee.
(2) The provider reserves the right to increase the price appropriately if cost increases occur after the conclusion of the contract - in particular due to price increases on the part of the suppliers or exchange rate fluctuations.
(3) These will be proven on request. If a price has increased, the provider will inform the contractual partner or client of this before the order is executed.
§ 4 Customer Obligations
(1) The customer may not make any use of the loaned item other than the contractual use.
(2) He must operate the hardware carefully and professionally protected against harmful environmental influences (dust, heat, moisture/water, etc.). Devices that the provider supplies for outdoor use (such as outdoor antennas) are adequately protected against light splashing water and rain, insofar as this is necessary.
(3) The required energy must be provided by the customer and is also responsible for its safe provision in compliance with VDE principles.
(4) The customer is not entitled to allow a third party to use the item without the permission of the provider.
(5) The customer grants the provider unlimited access to the roof area during normal business hours for the purpose of maintenance or device replacement. The customer is responsible for ensuring that the roof radio system is adequately integrated into his building's lightning protection concept.
§ 5 Warranty
(1) The provider guarantees that the hardware does not have any defects at the time of delivery.
(2) If the hardware provided shows defects contrary to this warranty, the provider will exchange the hardware free of charge for a defect-free one. In the event that the customer end device or the associated connection equipment has been the subject of improper or negligent handling or use, improper testing, repair, modification, damage, assembly or processing resulting in a change in physical or electrical properties, the warranty is void.
(3) The customer is then liable for the damage culpably caused by him. In the event of overvoltage damage caused by lightning, for example, the customer is liable.
§ 6 Return of the rented item
(1) The customer is responsible for the proper and prompt return of the hardware provided after the end of the contract. The devices are to be professionally protected against transport damage and brought to the Provider's place of business by the customer at his own expense and risk, sent or deposited at an address specified by the Provider.
(2) The return by the customer must be made without direct request no later than 30 days after the end of the contract. If no timely return is made, the provider has to replace the current value of the devices.
(3) In the case of dismantling and return transport by the provider, the costs and risk of the provider will be borne or charged according to agreement.
§ 7 Disclaimers
(1) The provider assumes no liability or obligation to pay damages for damages and consequential damages, regardless of the legal reason.
(2) The exclusion of liability applies in particular to: non-conclusion of the rental contract, e.g. due to damage or total failure of the rental item during transport or at the customer's premises, non-availability due to the late return of the rental equipment by previous tenants, maintenance work or unforeseeable delays in delivery, as well as malfunctions or total failure of the rental item .
(3) Any resulting consequential damage, be it direct or indirect, including loss of earnings or lost profits. Any claims by third parties (e.g. GEMA at public events) are at the expense of the tenant.
III) NOTICES TO THE CUSTOMER USING SATELLITE EQUIPMENT
The provider supplies access equipment that allows the customer to access the Internet via geostationary satellites. In the interest of safe operation, the following points must be observed:
(1) Bi-directional satellite connection
With bidirectional satellite communication, data is sent and received via the satellite modem and a special satellite antenna that is also able to send signals. Therefore, terrestrial telephone lines are no longer required. The encoded signals are sent via the geostationary satellite at an altitude of 36,000 km to the ground station in Germany, where they are fed into the upstream provider's Internet backbone after decoding. Due to the bidirectional design, the functional principle is completely independent of the location of the system or existing telephone lines. In the following, technical devices that obey this functional principle are referred to as "system".
(2) Basic safety instructions
The system operates with a high frequency RF head system mounted on the outdoor unit in front of the antenna. This emits high-energy microwave radiation during operation. Special safety regulations therefore apply when handling them. When assembling and dismantling the device, the entire satellite unit must be de-energized. In any case, the customer must also observe the safety instructions given in the manufacturer's manual.
(3) Mounting height
In any case, the customer must ensure during assembly that the minimum height from the floor after assembly is 2 meters. Furthermore, he has to ensure that there are no people in front of the RF Head. The operator must ensure that people cannot accidentally step into the beam in front of the antenna by means of suitable markings during operation.
(4) Lightning protection
When installing the antenna unit, the applicable lightning protection regulations and building construction regulations must be observed in any case.
The operation of the system in the vicinity of airports, especially in approach lanes, is prohibited.
Section 3: Applicable to Internet Access and Phone via Satellite and Cellular
We do provide information below about its General Terms and Conditions, which apply to every satellite capacity rental contract concluded between a customer and of level421 is concluded. These terms and conditions apply to any Internet and telephone service provided by level421.
Any negotiated arrangement deviating from this must be agreed and set out in writing:
§ 1 Basic Provisions
(1) These terms and conditions apply to all current and future deliveries of Airtime Services. (Internet and telephone access)
(2) The provider grants the customer access to the Internet and to the worldwide telephone network via a geostationary satellite solution (V-SAT), as well as GSM networks that can receive and send data.
(3) The customer enters into a full-time capacity rental agreement. As a result, it is required that both contracting parties comply with minimum contract periods.
(3) The access hardware required by the customer to use this service or the installation service is not part of these terms and conditions.
(4) A normal business relationship with the provider consists of up to four separate contracts. The contract for the delivery of hardware (1st purchase contract) . The contract for its installation and operational provision (2nd installation contract), as well as for the operation of access to the Internet and the telephone. (3.- Contract of Use/Access Providing Contract) and the contract for the maintenance of the hardware (4.- Maintenance Contract)
(5) The provider does not guarantee any coverage areas in which the customer's access hardware is functional.
(6) The provider's services are provided in accordance with the applicable laws and regulations and the respective network operator used for the specific customer service.
(7) The network operator service is provided by one of the world's leading satellite or GSM operators with whom the provider has long-term capacity contracts for the rental of satellite capacity. The satellite operator is responsible for the proper functioning of its space or terrestrial equipment that is mandatory for the operator to provide the services.
(8) It is the Customer's responsibility and not part of this Agreement to use the Satellite Service correctly, in which the Customer properly commissions and configures its equipment. Therefore, the provider assumes no responsibility for the incompatibility of devices owned by the customer, or the non-functionality of any service, program or data transmission.
§ 2 Changes in the Service
(1) The provider has the right to change the service provided to the customer at any time, whether as a result of technical progress or restrictions resulting from technical framework conditions. He may also change the price of the service if changing market conditions so require.
(2) If such a case should occur and it is significant, the provider will inform the customer about the change 30 days in advance and give the customer the opportunity to continue his contract under the changed conditions or to cancel it.
(3) Any service change must be communicated to the customer in writing (letter or confirmed email).
(4) If the customer does not exercise his right of termination within 30 days of prior notification, the contract will be continued under the changed framework conditions without interrupting the current contract period.
§ 3 Terms of payment and contract period
(1) The customer pays a monthly fee for the provider's service, which is at least 3 months.
(2) For services that are offered with the designation "Pay as you GO" or on a "daily or monthly pass basis", the customer only makes an advance payment for the period in which he wants to use the service.
(3) Subsequent payment is not possible, as the satellite fees must also be paid to the satellite operator or the GSM provider in advance.
(4) Prices do not include any city tax, import duties or other charges.
(5) A down payment invoice will be issued at the beginning, which will cover at least 3 months of the Access Providing subscription fee for the online duration, and which must be paid by the customer before the Access Providing contract is concluded. This applies in particular to customers with a place of business outside of Germany.
(6) For services that are labeled "PAY as you GO" and that are subsequently billed at the end of the respective month, the provider reserves the right to demand a security fee, in particular from customers with a place of business outside of Germany, the minimum of the expected data transfer volume for 3 months.
(7) No service fee will be charged to the customer until your service has been successfully activated.
(8) However, if a contract is not activated within the period of 3 months after the conclusion of the contract after the contract was received, the contract may be automatically terminated prematurely by the provider and an early termination fee may become due for the customer.
(9) As soon as the service is online, an invoice will be created that will charge for the service up to the end of the month in which the service was activated.
(10) The ongoing payments for an already activated contract must arrive at least by the last day of the month.
(11) If the payment does not arrive on time, the provider is entitled to suspend the contract without further notice.
(12) During any service suspension resulting from non-payment, the service contract will continue and payments for that period will be due.
(13) For the reactivation of a service after a "non-payment", the provider may charge a reconnection fee that is at least equal to the initial activation fee.
(14) If a customer is in arrears with his payments, the provider has the right to block the customer terminal so that it cannot be used by any other provider.
(15) For overdue amounts, the provider is entitled to demand a 2% higher interest rate than that specified by the Central Bank of the Philippines.
§ 4 Termination of Contract
(1) The minimum contract term is 12 months. Longer contracts of 24 or 36 months are possible.
(2) For services that are offered under the name "PAY as you GO" and that have a fixed
have a contract term, no termination is required, as these end automatically at the end of the fixed contract term.
(3) A contract also begins when the service is activated for the first time. In case of doubt, at the time when customers can prove that they are transferring positive data traffic via their system.
(4) Each contract must be terminated at least 3 months before the end of the minimum contract period. Exceptions are contracts that are labeled "PAY as you GO" or "daily or monthly pass", which end when the contract expires.
(5) If the contract is not terminated in good time, it is automatically extended by a further 12 months.
Contracts with the designation "PAY as you GO" are only extended if this was explicitly requested by the customer when placing the order.
(6) Cancellations must be made in writing (letter or confirmed email). Confirmed e-mail means that a representative of the provider knowingly reconfirmed receipt of the e-mail.
(7) In case of doubt, the date of delivery of the letter of termination applies, on which the provider can accept the termination.
(8) The customer has the option of terminating the contract for important reasons.
(9) Important reasons include: A change of location as a result of which the booked satellite or an alternative satellite offered by the provider can no longer be used or force majeure (war / unrest or natural disasters).
(10) An important reason does NOT count that the customer wants to move to another provider
(11) If the contract is terminated early, the customer must pay a fixed percentage of the fee for the remaining term of the contract.
(12) In any case, the provider must agree to a possible premature termination of the contract.
(13) The provider is entitled to terminate the contract if the customer is more than 30 days in arrears with his payments.
(14) In addition, level421 can terminate the contract without further notice if the customer misuses the service outside of its scope of services, causes problems on the satellite or in its data stream, for example through active virus release originating from the customer's network, or if he uses the Service abusively or for criminal or terrorist activities.
(15) The provider may also terminate the contract if laws and regulations are violated.
(16) All laws applicable to delivery must be observed by the customer.
(17) All violations of these laws will be reported immediately to the responsible authorities, since level421 supports the active fight against such activities.
§ 5 Moving to other satellites
(1) During the term of a contract, it may be necessary to change satellites. The customer will agree to this relocation insofar as coverage can be guaranteed in a similar form by the new satellite. In principle, the provider has the authority to carry out this move and the customer already grants the provider the right to enter his premises in order to carry out the technical changes that are necessary for this move.
(2) In the event that this move requires the customer to make technical changes to the hardware in his possession, a distinction is made as to whether he has concluded a valid maintenance contract or not. In the event that a maintenance contract is in place, the provider will bear the costs for the conversion. If there is no maintenance contract, the customer has to bear the costs.
(3) If the customer refuses the hardware upgrade that is subject to a fee because he does not have a maintenance contract, the provider is entitled to prematurely terminate the access providing usage contract for the Internet and telephone services and to charge a premature contract termination fee. Such a refusal can be assumed if the customer does not comment on a hardware upgrade offer that has been available to him for 30 days.
§ 6 Customer Obligations
(1) The customer must use the service correctly.
(2) In order to ensure correct use, the following points are considered as incorrect use:
- Any Violation of Laws
- Non-compliance with local regulations for internet use
- Any invasion of privacy of a third party
- Any violation of security mechanisms
- Any violation of the provider's usage regulations, in particular the dissemination of virus-infected content, spam emails or undesirable content
- Distribution of child pornography
- Consumption of child pornography
§ 7 Control rights of the provider
The provider has the right to carry out the following checks:
(1) If necessary, the provider is entitled to forward customer information to a third party.
(2) The customer allows the provider to read data and information requested and accessed by him, especially if the provider has reason to believe that the customer is using the service incorrectly.
(3) The customer also allows the provider to save a history of system usage, transferred data volumes, accessed pages and achieved performance values for further evaluation.
§ 8 Evidence acceptance
The customer accepts the data stored by the provider about the customer's history with regard to system use, transferred data volumes or achieved performance values as evidence in the event of possible future disputes regarding his network use or payment-related disputes between the two parties.
§ 9 Liability
(1) The liability of the provider is limited to intent and gross negligence, unless a fundamental contractual condition is violated.
(2) Any liability for the content that the customer receives via the services provided is rejected.
(3) The provider is also not liable for the fact that some of the content provided is not freely usable, but falls under internationally applicable copyrights or regulations.
(4) The provider rejects any liability for the content distributed by the customer. The customer himself is responsible for all content that he transmits via the provided service.
(5) The Provider is not liable for damage caused by "force majeure", "war", "unrest", "government
regulations", "failure of essential network components" or serious satellite-related problems, for example related to space travel standing impairments, can be caused.
(6) The provider is not limitedly liable for a temporary reduction in service quality or service failures, especially if the causes of the failure are beyond his direct sphere of influence because third parties are involved. These include problems with the Internet data transmission line or upstream provider problems, resulting in service outages or poor performance.
(7) If the provision of the service delivery leads to problems due to external causes, level421 is not obliged to credit any online airtime fees. However, Level421 will do its best to protect the customer's interests and try to find ways for the best possible customer compensation.
(8) The provider does not provide any emergency communication.
(9) In the event of any liability event occurring, this is limited to a maximum of USD 2,500 per event.
§ 10 Use by Third Parties
(1) The end user is only permitted to use the service in his private or business premises. With private spaces can also be mobile, insofar as the accessed service has a mobile character.
(2) The service may not be made accessible to any third party, for example for the provision of commercial purposes, without consent.
(3) It is forbidden to act as a local Internet provider by using a level421 service.
(4) Under certain conditions, customers are permitted to operate internet cafes on a service provided by level421. This requires the booking of at least one service package of the type
(5) Any use by third parties requires the prior written consent of the provider.
(6) In the case of permission to use third parties, the end user must ensure that this service is used within their permitted framework.
Dalayap, July 2023