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Netarena.TV General Business Terms & Conditions
1. Area of Agreement
1.1. The following General Business Terms & Conditions form a constituent part of contractual relationship between netarena.tv and its customers. They also apply when the customer refers to adverse terms and conditions of business. Netarena.tv will not assume them, in particular also not if netarena.tv performs services in knowledge of opposing or deviating conditions of the customer. Exceptions apply only if this has been expressly recognized in writing by netarena.tv.
2. Conclusion of Contract
2.1 By sending the registration form provided by netarena.tv on the Internet Web Site www.netarena.tv the customer submits an offer to contract conclusion with netarena.tv. The contract is considered concluded if netarena.tv accepts the customer’s contract offer by sending the customer a registration confirmation via E-mail. Only after the delivered activation link is confirmed, the activation of the complete Web offer provided by netarena.tv occurs. The Conclusion of Contract applies hereof unaffected.
2.2 netarena.tv reserves the right to refuse registrations in individual cases.
2.3 An effective contract is considered concluded latest with beginning of service performance by netarena.tv.
3. Contracted Services
3.1 If the contract conclude according to 2.1 General Business Terms & Conditions, the customer has the right to test the service provided by netarena.tv in the first instance for a term time of 14 days as a Trial Membership. The Trial Membership can be canceled at any time within these 14 days. If the customer does not cancel the Trial Membership within these 14 days, the contract extends into a Premium Membership with a minimum contract term time of twelve months. The use of services provided by NetArena Club is subject to charge according to § 6 General Business Terms & Conditions.
3.2 Netarena.tv commits itself by the contract to grant to the customer monthly access to the entire netarena.tv offer, as soon as the payment according to § 6 General Business Terms & Conditions occurs by the customer.
4. Customer Obligations
4.1 Within the scope of the registration the Customer is required to fully and truthfully declare all relevant information. Any changes in such information will be reported to netarena.tv without delay.
4.2 The Customer is required to safeguard personal login details and personal password from unauthorized access by third parties.
5. Right of Revocation:
5.1 The customer has the right to cancel its agreement conclusion within two weeks without giving reasons, provided it is a consumer according to § 13 German Civil Code (BGB). The time limit for revocation begins at the earliest upon receipt of this instruction. Timely dispatch of the revocation notice is sufficient in complying with the time limit. Please forward your revocations notice to:
Global Online Holding Inc.
UP House - 5th Floor
Port Saeed Road
P.O. Box 43659
Deira, Dubai
United Arab Emirates
Email: service@netarena.tv
5.2 The Customer's right of revocation ends early if the Service Provider has already commenced providing the service with the express consent of the Customer prior to the expiration of the revocation time limit, or if the Customer has initiated such itself.
5.3 In the event of a valid revocation, each party shall return to the other party any performance received, and, if applicable, any benefits obtained (e.g. interests). If the Customer is unable to return the services received by the Service Provider fully or in part, or if it can return them in only a deteriorated condition, then the Customer must compensate the Service Provider for lost value. The Customer will fulfill its obligation of payment reimbursement within 30 days after dispatch of its notice of revocation.
5.4 Obviously the 14-days Trial Membership according to § 3.1 is not affected by § 5.3, which means there is no reimbursement obligation for the customer.
5.5. The term of notice is two months before the 1year minimum contract term time. The current contract can be cancelled at any time mutually without indication of reasons via fax, letter or E-Mail, nevertheless earliest after the minimum contract term time of 12 months. The notice of cancellation shall be sent like the revocations notice to under 5.1 mentioned addresses.
5.6. The contract term time extends itself by the initial contract term time until the notice of cancellation is expressed.
6. Payment Terms
6.1 For the 14-days Trial Access an amount of 0.00 EUR is to be paid. The following monthly costumer fee amounts to 19.95 € (including value added tax). The customer fee is to be paid every four months in advance and will be accordingly billed to the customer.
6.2 Invoiced prices are always customer prices including value added tax, as far as not otherwise expressly specified.
7. Delay of Payment / Right of Retention and Setoff
7.1 In the event the Customer is delaying payment then netarena.tv is authorized to demand interests for delay in amount of the legal rate of interest. If a higher damage caused by delay noticeably accrued for netarena.tv, netarena.tv is authorized to claim these. Moreover netarena.tv is authorized to charge the handling and / or overdue fines resulted from delay of payment. The customer has the right reserved to prove a smaller damage.
7.2 In the event the Customer is delaying payment, then netarena.tv is authorized to suspend his access to services. Thereby the customer is noticed that he can ask for legal protection to courts. If the access suspension occurs due to customer’s liability, his obligation to pay the monthly fee will not be affected. The customer has the right reserved to prove that no or no substantially lower damage accrued to netarena.tv for providing the service. § 19 par. 4 TKV is not affected.
7.3 netarena.tv has the right reserved to assign any receivables of the customer to a debts collection office and to approve them to be claimed.
8. Compensation/ Right of Retention /Prescription
8.1 Counterclaims against netarena.tv may be claimed by the customer only with indisputable or legally recognized counterclaims.
8.2 Contractual claims by the customer against netarena.tv are prescribed after two years starting from emergence of the claim.
9. Privacy Statement
9.1. The customer agrees that RS Web Services (JPC) processes and uses any kind of data provided by the customer during the statement to, accomplishment and processing the membership contract with netarena.tv. The personal data may be digitally stored and evaluated by the provider. The provider is furthermore authorized to handle, himself or through third parties, entrusted personal data, within the assigned purpose of the license agreement, with respect to data protection regulations.
9.2. The customer authorize the provider to use his data not only by the provider himself – indifferently of domain – but also by his cooperation partners and third parties in order to provide interesting offers, in particular to contact him by E-Mail, Mail and phone. The partner may gain access to the provider’s data base, with respect to data protection regulations. The customer has hereto at any time the Right of Revocation.
10. Price changes
10.1 netarena.tv will notify the customer about price changes by E-mail or in written form to the known individual address. Price changes will furthermore be announced on the web site www.netarena.tv. In the event of a price change the customer is entitled to cancel the contract within two weeks after receiving the price change notification. If the customer does not cancel the price change within the two weeks (the submission date of the notification with netarena.tv is relevant) or if he continues the contractual relationship with netarena.tv by using the provided service, so the price change becomes operative with the customer. Netarena.tv will in particular point out about the legal consequence of silence with the customer. Contingently drawback claims with the customer regarding overpaid fees, doubled fees etc. will be credited to the customer’s billing account and will be cleared with the next receivable invoice. In the event that no fees are subject to be credited or be cleared, overpaid fees will be refunded.
11. Liability
11.1 netarena.tv is liable for contractual and non-contractual customer damage claims only in the event of premeditation or culpable negligence. In the event of substantial contractual obligations violation, in case of the debtor's delay and if netarena.tv is responsible for the impossibility of performance, netarena.tv is however liable for each culpable delinquency of their coworkers and subcontractors.
11.2 Except premeditation or culpable negligence of netarena.tv and negligence of its legal representatives, coworkers or subcontractors, the liability of netarena.tv is limited to the typically foreseeable damage at the time of contract conclusion.
11.3 Insofar as the liability of netarena.tv is excluded or limited, this is applicable also to the liability of the legal representatives, coworkers or subcontractors of netarena.tv.
11.4 In the event of customer’s fault, the customer is liable for any use of service with his user identification. In the event of user identification abuse, the burden of proof that the customer is not responsible for the abuse of use lies with the customer.
11.5 The above mentioned restrictions of liability do not apply to damage with the injury of life, body or health as well as in case of compelling legal regulations, like e.g. the product liability law.
12. General obligations of the customer / Liability
12.1 The customer informs himself about the up-to-date General Business Terms and Conditions and the up-to-date prices available at www.netarena.tv before he starts the use of service provided by netarena.tv.
12.2 The customer is committed to lawful use of service provided by netarena.tv. Furthermore he is committed to keep his www.netarena.tv access information in a safe place and to not make them available to third parties.
12.3 The notice of cancellation can be made only in written by letter, Fax or E-Mail to the following address:
Global Online Holding Inc.
UP House - 5th Floor
Port Saeed Road
P.O. Box 43659
Deira, Dubai
United Arab Emirates
Email: service@netarena.tv
12.4 The right for extraordinary cancellation remains unaffected. The right for extraordinary cancellation is applicable in particular in the cases of culpable offence against under § 4 regulated obligations as also in case of a price increase in accordance with § 8. In case of an offence against one of under § 4 regulated obligations a warning notification is to be expressed before the extraordinary notice of cancellation.
12.5. If netarena.tv is noticed about an unauthorized act of the customer in accordance with §§10, 11 TDG about supposed unauthorized act of third parties, netarena.tv will passes on the personal data to prosecution and order authorities, in context of the legal regulation. If previously an examination regarding the lawfulness of the transmission or the complained action of netarena.tv should be necessary, due to legal regulations, netarena.tv will comply with.
12.6. Privacy Clause
The Service Provider’s Privacy Policy information applies with respect to privacy and data protection.
13. Applicable Law / Final Provisions
13.1 All the business and legal relations shall exclusively be governed by the law of the Federal Republic of Germany. Compelling regulations of the state in which the customer has his usual place of residence remain unaffected. Should one or more regulations of this agreement be or become ineffective, then the effectiveness of the agreement besides remains unaffected.
13.2 netarena.tv is authorized to transfer their contractual rights and obligations totally or partly to a third party, with a four weeks’ notice. In this case the customer of netarena.tv is entitled, to cancel the contract without adherence to a time limit at the time the transfer comes into force.
Status of the General Business Terms & Conditions: May 15th, 2008.