Oceans On Air GmbH is based in Hamburg, Germany.
As such the terms and conditions or “AGB” are binding in German language – find the original version here.
Oceans On Air GmbH Terms and Conditions
- General
- 1 Area of application and applicable laws
1.1 These general terms and conditions (T&C) set forth the general terms and special regulations for individual services. Unless otherwise specified, provisions under the general terms include the delivery of individual services.
1.2 These T&C are between the user of www.bestVSAT.com (hereinafter referred to as the “user”) and its provider, Oceans On Air GmbH, located at Neuer Wall 10, D-20354 Hamburg, Germany, (hereinafter referred to as “Oceans On Air GmbH”) and can be downloaded by the user. These T&C can also be requested from Oceans On Air GmbH via e-mail or in writing.
1.3 The T&C in effect at the time of the finalizing of the contract apply. The contractual agreement shall be entered into upon the use of the services provided by Oceans On Air GmbH, whereby this refers to the offers made available on the www.bestVSAT.de website (hereinafter referred to as the “website”).
1.4 Each time a service is used, the user shall acknowledge that the current version of the T&C is binding in the legal relationship between the user and Oceans On Air GmbH.
1.5 The website is accessible to commercial users worldwide.
1.6 This document is construed in agreement with German laws under the United Nations Convention on Contracts for the International Sale of Goods (CISG, dated April 11, 1980) and conflict rules under Private International Law.
1.7 Oceans On Air GmbH will not honor other general terms and conditions. These will also not be in the terms of the contract, even if Oceans On Air GmbH does not expressly disagree with these terms.
- 2 Place of Jurisdiction
Provided the user is an enterprise, the place of jurisdiction is Hamburg, Germany. However, Oceans On Air GmbH is entitled to sue the user at his local court.
- 3 Commercial property rights, copyright laws, access to the offer, prohibition of commercial use
3.1 The website, as well as its underlying software and data are protected by copyright (hereinafter referred to as the “online offer”). Provisions of use within the scope of these T&C do not constitute a relinquishment of copyright laws.
3.2 Oceans On Air GmbH reserves the right to bar any activities that violate unfair competition laws (UCL), copyright laws, trade mark laws or other laws that protect the website, the online offer or parts thereof.
3.3 This applies specifically to the rights to published texts, the website design and the logo.
3.4 The online offer can only be used as specified by Oceans On Air GmbH. In particular, automated access to the aforementioned’ online offer is not permitted. The copying, transmission, sending and publishing of data in any form is prohibited.
3.5 In addition, this data cannot be shared with third parties for commercial purposes. The use of data for any type of intermediary services, brokerage services, commercial services, information services or other business services is expressly prohibited.
3.6 Each case of willful and intentional violation of the regulations concerning the use of data for commercial purposes (see item 3.5) will incur a contractual penalty of 5,000 Euros. Multiple violations cannot be grouped into a single offence (assuming the violation occurs more than once). The contractual penalty will be based on the compensation claim.
3.7 Each case of willful and intentional violation of the regulations outlined in item 3.4 will incur a contractual penalty of 2,500 Euros. Multiple violations cannot be grouped into a single offence (assuming the violation occurs more than once). The contractual penalty will be based on the compensation claim.
3.8 The contractual penalties outlined in items 3.6 and 3.7 do not exclude the compensation of further claims made by Ocean On Air GmbH, in particular with respect to the omission, elimination and compensation of damages not covered by the contractual penalties.
3.9 Print outs, copies or other reproductions of the online offer or parts thereof can only be made if the website’s URL is displayed prominently and in its entirety. Ocean On Air GmbH must approve any other copying, modification, public sharing, distribution, sending or other uses of significant portions of the website.
3.10 Any other use not expressly permitted in these T&C requires prior written approval on the part of Oceans On Air GmbH. If willful and intentional violation of these regulations is suspected, Oceans On Air GmbH reserves the right to restrict user access to the website, effective immediately.
- 4 Data Protection
4.1 Oceans On Air GmbH places great importance on the protection of private information. This is why it is important for us to ensure that you know when we save data and how we use this data. Our data protection statement explains at what point during your site visit your data is collected, and how we use this information.
4.2 If a user provides his or her e-mail address to Oceans On Air GmbH, its affiliates or partners (e.g. when requesting contractual information), Oceans On Air GmbH, its affiliates or partners can send the user information about the service requested. If we offer a service together with a partner, we can also send you information about services that are similar to this one. The user reserves the right to revoke his or her agreement to receive such information in writing (i.e. via e-mail), without incurring any costs. Within the scope of existing customer relations, Oceans On Air GmbH or its affiliates can conduct an e-mail correspondence with the user in order to improve its offerings and quality of service; involvement on the part of the user is voluntary. The user can opt to receive e-mail newsletters from Oceans On Air GmbH, register with “BestVSAT”, request notifications or receive the Oceans On Air GmbH reminder service. Any information or newsletters sent to the user by Oceans On Air GmbH provides the user with the option to remove his or her name from the mailing list.
4.3 The user can obtain information on the personal data we have on file for him/her at any time, free of charge. The user can also submit a request to correct, block or delete his/her personal data. A request to delete, correct or block personal data can be sent in writing to Oceans On Air GmbH, Neuer Wall 10, D-20354 Hamburg or via e-mail to info@bestVSAT.com. This also applies to requests to revoke the usage of personal data.
4.4 Oceans On Air GmbH clearly states that they cannot ensure complete data security, despite the security measures in place. They are not responsible for transactions with third parties.
- 5 Responsibilities, limitations of liability
5.1 Oceans On Air GmbH strives to keep all information on the website up to date and error-free. However, Oceans On Air GmbH takes no responsibility for the accuracy of information provided by
(i) third parties
(ii) other sources.
Oceans On Air GmbH takes no responsibility for the integrity of information provided free of charge on its web pages.
5.2 Insofar as Oceans On Air GmbH provides access to data or third party services, it does not guarantee the content or the security of this data, nor does it guarantee the services, data protection, content accuracy, integrity or timeliness of third party content, nor can it guarantee that third parties will not use any personal data, information or programs obtained through users visiting third party linked sites. This same applies to any external content accessed automatically and briefly when viewing the online offer.
5.3 Oceans On Air GmbH shall not be liable for damages incurred due to incorrect data or other damages incurred through the use of the website. Unless otherwise specified, Oceans On Air GmbH is also not liable for other services it provides on its website.
5.4 Under no circumstances shall Oceans On Air GmbH be held liable for damages resulting from gross negligence or damages caused intentionally.
5.5 These limitations of liability shall not apply in cases of liability for damages of life, injuries and health, plus – where applicable – the violation of duties in accordance with §§ 60 or 61 of the Federal Insurance Contract Act (VVG). Liability shall not apply if the damage was intentional, due to gross negligence or in gross violation of the contractual obligations or guarantee. Contractual obligations are those that ensure the proper fulfillment of the contract and in whose completion the user can trust.
5.6 The obligation to compensate is limited to the foreseeable damage sustained through the violation of contractual obligations; liability shall not apply if the damage was intentional or caused by gross negligence or in cases of liability for damages of life, injuries and health or in the case of a conditional guarantee or product liability.
5.7 Oceans On Air GmbH is not liable under section § 44a of the Telecommunications Act.
5.8 Prior liability exclusions or limitations also apply with regard to salaried employees, occasional laborers, affiliates, representatives and subcontractors of Oceans On Air GmbH particularly favoring shareholders, personnel, representatives, organizations and their members with respect to their personal liabilities.
5.9 Oceans On Air GmbH would like to offer its services over the long term. Nevertheless, there is no expectation that users traffic to the website will grow. Oceans On Air GmbH is providing its offer at its own discretion and reserves the right to terminate this contract without due cause.
5.10 Oceans On Air GmbH shall not guarantee nor shall it be liable for the website’s availability, its online offerings or the services offered on the website. In particular, Oceans On Air GmbH shall not be liable for any disruptions to or breakdowns of the website, whether they are temporary or long term.
- 6 Exclusion of liability – links
6.1 The website contains external links and links to websites that are not operated by Oceans On Air GmbH. These external links are generally only provided for the benefit of users. Only the provider of these external websites is responsible for the content on these pages.
6.2 Oceans On Air GmbH herewith expressly distances itself from any content found on links posted on the website, as well as from the servers hosting these websites and any other visible or not-visible content connected to these links. Oceans On Air GmbH assumes no responsibility for these websites nor does Oceans On Air GmbH declare these websites or its contents as its own. Oceans On Air GmbH is not responsible for verifying the information in the links. Oceans On Air GmbH is not aware that this external content violates any applicable regulations. If Oceans On Air GmbH is informed that such is the case, the link will be removed. In addition, Oceans On Air GmbH assumes no responsibility for information, legal and organizational circumstances, content or promises made in offers accessible through external sites. The user assumes full responsibility should s/he enter into a contract with a provider linked through our website.
- 7 Miscellaneous
If any clauses of these T&C should be or become invalid, in whole or in part, this shall not affect the effectiveness of the remaining clauses or parts thereof.
Individual Services
- 1 Rate Comparison
1.1 Oceans On Air GmbH offers visitors to www.BestVSAT.com the ability to research so-called VSAT offers (satellite internet for the entire maritime region) and to submit inquiries to several service providers simultaneously.
The user is also able to conduct research on hardware and installation requirements, compare these and make inquiries.
1.2 The user can find the service provider that best meets his/her needs by specifying his/her preferences. Oceans On Air GmbH reserves the right to change, add to or limit the scope of the rate comparison service.
1.3 Oceans On Air GmbH sees itself as a neutral party and strives, together with its partners, to provide its users with optimum search capabilities. However, Oceans On Air GmbH cannot verify the accuracy of all offers. Information on the website is obtained from third parties. Search results depend on the information provided by the user. For this reason, Oceans On Air GmbH shall not be liable for the accuracy and comprehensiveness of rates obtained by the user through its website. It is important to note that this information is provided by third parties, not by Oceans On Air GmbH. Oceans On Air GmbH cannot ensure the suitability, availability or quality of offers obtained through its website. This information is the responsibility of the service provider or the third party. None of the information thus obtained constitutes an agreement, a guarantee or a promise on the part of Oceans On Air GmbH.
1.4 This service is free of charge.
- 2 Communication of Services
2.1 Oceans On Air GmbH allows users to enter into contracts with (third party) VSAT and mobile internet service providers.
2.2 The contract for the services listed in item 2.1 is between the user and the service provider. The sole service of Oceans On Air GmbH is that of communicating contracts or offers or providing a point of contact between users and cooperating partners. The user must be a person who has reached the age of majority and is legally competent. The user may only be a legal entity if the offer is specifically intended for such. The user is not permitted to use any identification other than his/her own when entering into the online offer or in dealings regarding the online offer provided by Oceans On Air GmbH; in particular, the user may not enter into or initiate an agreement with a service provider under any identification other than his/her own.
2.3 Oceans On Air GmbH shall inform the user of the difference in rates in accordance with the above agreements.
2.4 The user shall receive contract forms in the format requested, whether electronically using the online web form or through an online download, whether by fax, or whether by mail, insofar as these forms are available; Oceans On Air GmbH shall obtain these forms from the service provider. The transmission of these forms to the user by Oceans On Air GmbH does not constitute a binding offer from the service provider.
2.5 If the user wishes to enter into a contract with the service provider, the user can complete and sign the agreement and send it to the service provider or to Oceans On Air GmbH. The user can also send the form to the service provider electronically through the Oceans On Air GmbH website, insofar as the service provider can receive forms in this format. The offer shall only come into effect when the form has been sent to the service provider. Oceans On Air GmbH shall not be liable for the conditions outlined in the contract. The finalization of the contract and the conditions of the contract are at the discretion of the parties entering into the contract. In the eventuality that the user or, respectively, the client, should wish to cancel the contract, this is to be conducted through the respective service provider. Insofar as Oceans On Air GmbH has sent a contract to the user and the required contract with the selected service provider does not come into effect due to time constraints or the like (for example, because a user’s existing contract cannot be terminated until a date later than that provided by the user), Oceans On Air GmbH shall notify the user electronically within 2 to 4 months of the desired or possible transfer date of the aforementioned services, as part of its reminder services.
2.6 Oceans On Air GmbH shall expressly notify the user that it has no control over the information provided in the contract between the user and the service provider. The information in the contract is binding solely between the parties involved. The details of the contract sent by the service provider may deviate from those conditions provided by Oceans On Air GmbH.
2.7 Oceans On Air GmbH shall only be liable for information provided in the contract form in the case of willful and gross negligence on its part. The client shall be responsible for carefully reviewing the information provided in the forms.
2.8 Oceans On Air GmbH is not the representative of the service provider and is not party to the contract between the service provider and the client. The sole purpose of Oceans On Air GmbH is to provide a contact point between the client and the service provider; it sees itself as the intermediary. It therefore follows that Oceans On Air GmbH shall not be liable for resulting claims by any other party. In particular, the aforementioned claims no responsibility for any damage, non-existent or poor service arising as a result of this contract. Oceans On Air GmbH therefore does not ensure the suitability, availability or quality of the services offered and shall not be liable for the availability of the services offered. This remains the sole responsibility of the service provider with whom the user has entered into a contract. No information included in the online offers provided by Oceans On Air GmbH shall be deemed as a commitment, a guarantee or an assurance on the part of Oceans On Air GmbH. It is therefore recommended that the user confirm the following conditions outlined in the service provider’s contract prior to finalizing the contract: the service provider’s identity; the service provider’s ability to provide the service; the main features of the service provided; the projected contract start date; the minimum contract length and cancellation policy; the cost, in full, including all applicable installation and cancellation fees; details regarding the payment of the services provided; the period of validity for the fees and limited offers.
2.9 Services provided by Oceans On Air GmbH are without cost to the user. However, when a contract with a service provider is finalized, the service provider shall pay a fee for the services provided by the aforementioned. Oceans On Air GmbH shall receive a fee from the service providers.
2.10 Oceans On Air GmbH will collect, process and use any data that has been provided by the user or the client once the contract has been finalized for tax and accounting purposes within the scope of its role as intermediary, in accordance with data protection regulations.
2.11 Oceans On Air GmbH shall not be liable for any incorrect information on the website or the forms that is beyond its control. Oceans On Air GmbH provides information that it has received from service providers or third parties.
- 3 Information Services
3.1 In addition to their newsletter, Oceans On Air GmbH also offers an update and reminder service on its website. The user shall receive up-to-date information on a regular basis through the newsletter.
Oceans On Air GmbH offers a reminder service to users who are currently unable to change service providers but who are planning to and are able to change service providers at a later date. Oceans On Air GmbH will use the reminder service to inform the user 2 to 3 months prior to the planned date using the contact information provided by the user.
3.3 The user can use the services provided free of charge, provided they are not used for business purposes. Should the services be used for business purposes, written consent is required from Oceans On Air GmbH. Should the client use the services for business purposes without the authorization of Oceans On Air GmbH, the latter shall claim damages and the right to unauthorized gains.
Address:
Oceans On Air GmbH
Neuer Wall 10
D-20354 Hamburg
Phone: +34692288008
Business managers: Marc A. Nieding, Boris Brauer
Registered with the Commercial Register in the district court of Hamburg under HRB121028
Headquarters and Court of Jurisdiction: Hamburg
Tax ID: DE281534346
Responsible for content in accordance with §55 of the German Federal Agreement on Broadcasting and Telemedia (RStV):
Marc A. Nieding, Pl. Espanya 8, 07002 Palm de Mallorca, Spain
Dated May 1, 2016
Oceans On Air GmbH strives to ensure that the services it provides conform to legal regulations. If, however, you feel that your rights have been violated, please contact us informally, without first contacting a lawyer. We would like to safeguard your rights. It is not in our best interest to engage in a legal dispute.