Terms and Conditions

1. General Provisions

1.1 These General Terms and Conditions (GTC) apply to all business relationships with entrepreneurs, legal entities under public law, and special public assets (hereinafter: “Contract Partner”). Deviations from these terms and conditions are only valid with the express consent of Nextat.

1.2 The current version of these GTC applies. Changes will be communicated to the Contract Partner with a notice period of at least four weeks. If the Contract Partner does not object within this period, the changes become effective.

1.3 These GTC apply to future business relationships, even without further agreement.

2. Description of Services

2.1 The point of delivery for contractual services is the router output of Nextat’s data center. The Internet connection of the Contract Partner is their responsibility.

2.2 The exact scope of services is specified in the respective product specification.

2.3 Nextat may provide services through third parties and will inform the Contract Partner accordingly.

2.4 Nextat regularly backs up data on its own servers. The Contract Partner is required to create backup copies.

2.5 Delivery and performance times are extended in cases of force majeure or unforeseen disruptions.

3. Obligations of the Contract Partner

3.1 The Contract Partner must ensure compliance with all legal provisions, especially regarding email consent and data protection.

3.2 The Contract Partner appoints a contact person for complaints who will respond within 24 hours.

3.3 The Contract Partner must provide all necessary cooperation actions.

3.4 Disruptions must be reported to Nextat immediately with a detailed error description.

3.5 The Contract Partner must take appropriate security precautions (e.g., virus scanners).

3.6 The Contract Partner must not send illegal or legally problematic content.

3.7 Nextat may block data or content in case of violations of these obligations.

3.8 Nextat may modify the contractual service as long as the essential features of the service remain unchanged.

3.9 Services are considered accepted if not rejected within one week after being made available.

4. Usage Rights and Data

4.1 Nextat grants the Contract Partner a non-exclusive, non-transferable right to use the provided ASP services.

4.2 In the case of software installation on the Contract Partner’s own systems, the Contract Partner receives a simple, non-transferable right of use.

4.3 Documentation may only be used for the purposes specified in the contract and may not be altered.

4.4 The use of the software beyond the agreed-upon purposes is not permitted.

4.5 Ownership of the software remains with Nextat.

4.6 Logos and other references to Nextat may not be removed or altered.

4.7 The Contract Partner receives access data and is obliged to keep it confidential.

5. Payment, and Due Dates

5.1 The individual agreed prices or Nextat’s current list prices apply.

5.2 If services are provided more than four months after the conclusion of the contract, the current list prices apply.

5.3 All prices are exclusive of the statutory VAT.

5.4 Payments are due immediately upon delivery unless otherwise agreed.

5.5 If payment is delayed by more than four weeks, discounts or rebates are no longer valid.

5.6 Nextat may require advance payment if the creditworthiness of the Contract Partner is at risk.

5.7 Nextat reserves the right to adjust prices and will notify the Contract Partner in advance.

6. Offsetting, Retention, Assignment

6.1 The Contract Partner may only offset against undisputed or legally established claims.

6.2 The assignment of claims of the Contract Partner requires the written consent of Nextat.

7. Warranty

7.1 Defects must be reported immediately after the delivery of the contractual service.

7.2 Nextat guarantees a system availability of 99% per calendar year, excluding maintenance times.

7.3 Nextat makes no promises regarding the capabilities of the products, unless expressly agreed in writing.

7.4 The limitation period for warranty claims is 12 months from the provision of the service.

8. Liability

8.1 Nextat is only liable for damages caused by intent, gross negligence, or personal injury.

8.2 In the case of gross negligence by non-executive employees, Nextat is only liable for the typical, foreseeable damage.

8.3 Liability for financial loss is limited to EUR 25,000 per year.

8.4 The Contract Partner must prove that they have taken the usual security precautions against data loss.

9. Termination

9.1 The contract may be terminated with four weeks’ notice to the end of the month.

9.2 The right to extraordinary termination remains unaffected, especially in cases of serious breaches of obligations.

9.3 Upon termination, all outstanding payments for services rendered up until that point must be paid immediately.

10. Data Protection and Confidentiality

10.1 Nextat ensures compliance with data protection regulations and processes data only within the scope of the contract.

10.2 Confidential information may only be disclosed with express consent, unless required by law.

10.3 Both parties are obliged to have their employees bound by confidentiality.

10.4 Nextat is entitled to name the Contract Partner as a reference.

11. Information and Technical Advice

11.1 Information and recommendations from Nextat are non-binding and provided without liability.

11.2 The Contract Partner must verify the suitability of the products through their own tests.

12. Force Majeure

12.1 Nextat is not liable for failure to perform due to force majeure events such as natural disasters, war, or labor strikes.

12.2 Nextat will inform the Contract Partner about the occurrence of force majeure and agree on a period for the performance of services.

13. Final Provisions

13.1 Changes and additions to these GTC must be made in writing.

13.2 If any provision of the GTC is invalid, the remaining provisions shall remain in effect.

13.3 The exclusive law of Cyprus applies.

13.4 The competent court is located in Nicosia; **Nextat** may also bring claims against the Contract Partner at their registered office.