AGB

1. SUBJECT MATTER OF THE CONTRACT

1.1 Eventnet GmbH, Urbanstraße 116, 10967 Berlin, (hereinafter referred to as "Eventnet") supports its contractual partners (hereinafter referred to as "Customers") in planning, setting up, operating and monitoring mobile and permanent data networks which, depending on the project, may be used by the Customer or by any third parties (hereinafter referred to as "Users") for communication.

1.2 The following General Terms and Conditions shall apply exclusively to this business relationship in the version valid at the time of the order.

2. OBLIGATIONS OF THE CONTRACTOR

2.1 Eventnet is obligated to provide all services from the beginning of the event at the contractual location in accordance with the previously confirmed offer.

2.2 Eventnet's obligation to perform shall apply subject to correct and timely self-supply of preliminary services, insofar as Eventnet has concluded a congruent hedging transaction with the necessary diligence and the incorrect or timely delivery is not due to Eventnet's fault.

2.3 Eventnet is entitled to commission third parties with the provision of services

3. AVAILABILITY OF THE SERVICE

3.1 Eventnet guarantees an average availability of the Service of 97% on an annual average. This does not include times when the Service is unavailable due to technical or other problems beyond Eventnet's control (e.g. force majeure, fault of third parties).

3.2 Eventnet may restrict or suspend access to its infrastructure in whole or in part if the security of network operation, the maintenance of network integrity, in particular the avoidance of serious disruptions of the network, the software or stored data so require.

4. CONTRACT TERM

4.1 The term of this contract ends with the end of the event. Ordinary termination of the contract by the customer is excluded during the term. The right to extraordinary termination remains unaffected.

4.2 Eventnet is in particular entitled to extraordinary termination if:

4.3. the customer does not fulfill his payment obligations when due,

4.4. does not provide Eventnet and its employees or agents with access to the contractual location in a manner that is necessary for the fulfillment of the contract,

4.5. treats the technical equipment used by Eventnet improperly or in breach of contract or allows third parties to do so.

4.6 If the contract is terminated extraordinarily for whatever reason and by whichever contracting party, the customer shall immediately return any hardware used by Eventnet.

4.7 If Eventnet terminates the contractual relationship without notice for good cause, it shall be entitled to claim liquidated damages in the amount of 75% of the contract price. The customer is free to prove that Eventnet has not incurred any damage or that the damage is significantly lower. Eventnet reserves the right to prove further damages.

4.8 Any termination must be made in writing.

5. OBLIGATIONS OF THE CUSTOMER

5.1 The customer undertakes:

To provide Eventnet with all information necessary to process the performance of the service,

to protect the hardware used by Eventnet under this contract from harmful influences of third parties,

to the extent necessary, to provide Eventnet's employees or its vicarious agents with access to the hardware used in a manner that allows Eventnet to fulfill its contractual obligations.

immediately report any recognizable damage and defects to the hardware used or malfunctions of the service,

not to make or cause to be made any changes to the technical equipment serving the purpose of the contract,

5.2 If applicable, there are further legal obligations of the Customer in addition to those specified in this Agreement. Eventnet is not obligated to inform the Customer of specific legal obligations.

6. ACCEPTANCE OF THE SERVICE AND RECTIFICATION OF DEFECTS

6.1 If the Customer does not raise any objections to the contractual performance of the service provided, the service shall be deemed to have been provided free of defects.

6.2 The customer is excluded from complaining about the defectiveness, unless it is a proven defect that occurred later or was not recognizable at the time of acceptance.

6.3 Eventnet shall, within the framework of the existing technical and operational possibilities, immediately eliminate disruptions to the service within reasonable time limits, insofar as Eventnet is responsible for them.

6.4 The customer is obligated to immediately notify Eventnet of defects and/or the occurrence of recognizable malfunctions. Notwithstanding the following provisions, the Customer shall only be liable for damages if the Customer has notified Eventnet of the recognizable malfunction or defect without undue delay.

6.5 If Eventnet is responsible for the respective malfunction or defect, the customer is entitled to claims for reduction and damages only after two attempts to remedy the defect have been made.

6.6 If the Customer is responsible for the disruption or defect, or if Eventnet is not aware of a disruption or defect reported by the Customer, Eventnet shall be entitled to charge the Customer for the costs incurred by Eventnet as a result.

7. DISCLAIMER OF LIABILITY

7.1 Eventnet is not responsible for any content retrieved, posted on the Internet or distributed in any way by the Customer, End Users or third parties via the Service. The transmitted content is not subject to review by Eventnet.

7.2 Eventnet's liability towards the customer or third parties, provided that these are not consumers, is limited to grossly negligent or intentional breaches of duty by Eventnet, its legal representatives and its vicarious agents.

7.3 The liability is in any case limited to the amount of such damages, the occurrence of which must be typically expected. Eventnet's liability for culpable loss of data in accordance with the above provisions shall be limited to the amount of the typical restoration costs that would have been incurred if back-up copies had been made on a regular basis.

7.4 The limitations of liability shall not apply in the event of bodily injury, damage to health or loss of life attributable to Eventnet.

7.5 Eventnet shall not be liable for events of force majeure that make it significantly more difficult or impossible for Eventnet to fulfill its performance. If Eventnet is prevented from proper performance or obligation by events of force majeure, Eventnet shall be released from its obligation to perform for the duration of the impediment and shall be entitled to postpone the performance of its obligations for the duration of the impediment and a reasonable start-up period, provided that this does not render the purpose of the contract impossible. Force majeure is defined as all unforeseeable events or events that, even if they were foreseeable, are beyond the control of Eventnet and then impact even on the performance of the contract could not have been prevented by reasonable efforts of the contract customer. Such events include, but are not limited to, labor disputes, government actions, failure of transportation or energy, unforeseen failure to deliver by suppliers, provided they have been carefully selected. This also applies to third parties whose services Eventnet uses to fulfill the contract.

7.6 Eventnet is not liable for any damage that may arise from the use of the Service.

7.7 The end user is responsible for sufficient virus protection, data backup, etc..

8. DATA PROTECTION

8.1 The customer declares his consent to the collection, processing and use of his personal data necessary for the performance of the contract. In addition, this is permissible if the customer has consented or the Federal Data Protection Act (BDSG) or another legal provision orders or permits it. Eventnet reserves the right to commission third parties (e.g. law firms or collection agencies) with the collection of outstanding debts, whereby the billing data necessary for collection will be communicated in accordance with the statutory provisions.

8.2 The parties shall observe the relevant data protection regulations of the TKG, TMG and BDSG.

8.3 Eventnet will in particular collect, process and store personal data of the End Users only within the framework of the statutory provisions of the TKG, TMG and BDSG for the purpose of fulfilling the contract. Traffic data will be collected, processed and stored by Eventnet in accordance with the legal requirements of the TKG for billing purposes and for abuse and fault elimination. In addition, Eventnet reserves the right to evaluate traffic data anonymously for statistical purposes. The deadlines of the TKG for the deletion of data are observed by Eventnet.

8.4 The Parties shall secure the network devices under their control by technical and organizational measures in accordance with the Annex to Section 9 sentence 1 BDSG. In particular, the Parties shall protect the IT systems under their control against unauthorized access, storage, modification of personal data of the End Users as well as against other unauthorized access or attacks by employees of the Customer, by End Users or by third parties.

9. PLACE OF JURISDICTION, PLACE OF PERFORMANCE, CONTRACTUAL LANGUAGE, APPLICABLE LAW

9.1 If the customer is a fully qualified merchant, a legal entity under public law or a special fund under public law and if the order is part of the operation of its commercial business, the place of jurisdiction shall be Berlin. For all customers who do not have a general place of jurisdiction in Germany, Berlin shall be the exclusive place of jurisdiction.

9.2 The business relations between Customer and Eventnet shall be governed exclusively by the laws of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG).

10. SEVERABILITY CLAUSE

10.1 Should any provisions of this contract be invalid or unenforceable in whole or in part, or subsequently lose their validity or enforceability, this shall not affect the validity of the remaining provisions of the contract. In place of the invalid or unenforceable provisions, the contracting parties shall agree on a provision that comes as close as possible to what the contracting parties intended. The same shall apply if it should turn out that the contracts contain a loophole. Alternatively, the statutory provisions shall apply.

10.2.Deviating terms and conditions of the customer shall not become part of the contract. This also applies if Eventnet does not expressly object to the inclusion of these terms and conditions. Other agreements, in particular assurances, amendments and ancillary agreements, are only effective if Eventnet expressly agrees to them in writing. This also applies to a waiver of the agreed written form.