Right of set-off, reduction and retention, reimbursement
- The client can only offset claims of iS-Fun against undisputed or legally established claims. The client is only entitled to assert a right of retention on the basis of counterclaims arising from this contract.
- If a significant obstruction lasts longer than two weeks, the customer is entitled to reduce the monthly fees accordingly from the time the obstruction occurs until the next termination date. A significant obstruction exists in particular if:
or comparable restrictions exist.
- the customer no longer has access to the iS-Fun infrastructure and therefore can no longer use the services listed in the order confirmation,
- the use of these services is made considerably more difficult overall or the use of individual services listed in the order confirmation becomes impossible,
- In the event of service failures due to a fault outside iS-Fun's area of responsibility, no reimbursement of fees will be made. Furthermore, downtimes will only be reimbursed if iS-Fun or one of its vicarious agents has caused the error at least negligently and if the downtime exceeds two working days.
- If the client claims that services charged to him have not been caused by him or third parties for whom he is responsible, he must prove this.