Terms and Conditions

Standard Terms and Conditions for the JonDonym Service

of

Yatrade Ltd
<Topli Dol 2A Street, entrance 1, ap.16 >
<1680> <Sofia>
<Bulgaria>
VAT: <BG203613537>
Fax:    <00359 2 9585958>
E-Mail: <info@ya-trade.com>

hereafter referred to as the “Operator”.

 

§1 Scope and Subject terms

  1. Unless otherwise agreed, these Standard Terms and Conditions shall apply to each contract for the use of the anonymisation service JonDonym (hereinafter referred to as “the Contract”) allocated and awarded by the Operator to the contractor (hereinafter referred to as the “Customer”).
  2. The Operator expressly rejects the inclusion of any and all Standard Terms and Conditions of the Customer, unless the Operator has formally confirmed them in written form. The written form may thereby neither be replaced by simple nor qualified electronic form. These Standard Terms and Conditions are exclusively valid even if the Operator performs its services unreserved in knowledge of conflicting Standard Terms and Conditions of the Customer.
  3. No assignment, transfer or license of any Intellectual Property Rights of either party shall arise. The software for accessing the Operator’s Mixes is produced by the JonDos GmbH. Their terms of use are not part of the Operator’s Standard Terms and Conditions.

§2 Operator Benefits

  1. The Operator provides the Customer the connection to so-called Mix server processes (short: Mixes) as a part of Mix Cascade services, which enable the Customer to use telemedia (e.g. websites) with a pseudonymous IP address.
  2. The billing happens by the Customer transmitting and confirming virtual data volume according to the respective current and actual usage.

 

§3 Privacy

  1. The Operator collects, processes and uses personal data without further acceptance by the Customer only as far as needed for the conclusion and handling of the Contract as well as for accounting reasons.
  2. In particular, the Operator does neither store, nor forward to third parties, any of the Customer's IP addresses or any data transmitted for the purpose of anonymization.

§4 Customer Responsibilities

  1. The Customer is obliged not to violate applicable law in his country by using the Mix servers of the Operator.
  2. The Customer assures to use the Operator’s Mixes according to the intended protocol. This obligation is sufficiently met by using the program JonDo provided by the JonDos GmbH or by the TU Dresden.

 

§5 Term and Termination of Contract

  1. The Contract is concluded sine die by using a Mix Cascade which contains at least one Mix of the Operator.
  2. The Customer may terminate the Contract at any time with immediate effect.
  3. Either party may terminate the Contract immediately by notice to the other party if the other party breaches or defaults in the performance of any material provision of the Contract and such breach or default is not cured within 7 days after notice thereof is received by the breaching party.
  4. In case of cancellation, the Customer has to immediately refraim from using the Operator’s Mixes. The Operator, on his part, may block, or let block, respecively, the Customer’s access. The Operator may keep the payment for data volume already used by the Customer, that is for already received benefits. A claim for a refund does not exist, as the used benefit is already paid in the moment of usage.

 

§6 Prices and Payment

  1. The Customer pays the respective amount of data transferred to and from his computer over the Mix. For this purpose, the Customer uses a settlement account with a pool of data volume.
  2. On each connection to a Cascade, the Operator is entitled to settle 3 MByte from the user's settlement account as a flat connection fee.

 

§7 WARRANTY AND LIMITATION OF LIABILITY

  1. EXCEPT AS, AND ONLY TO THE EXTENT EXPRESSLY PROVIDED IN THESE STANDARD TERMS AND CONDITIONS, SERVICES AND PRODUCTS ARE PROVIDED “AS IS”. THE OPERATOR DISCLAIMS ALL WARRANTIES RELATED TO SERVICE, PRODUCTS AND SOFTWARE.
  2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED IN THIS STANDARD TERMS AND CONDITIONS, THE OPERATORS LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE TOTAL LIABILITY SHALL NOT EXCEED THE VALUE OF THE SERVICES AND PRODUCTS USED BY THE CUSTOMER.
  3. IN NO EVENT SHALL THE OPERATOR AND ITS SUPPLIERS HAVE ANY OBLIGATION OR LIABILITY (WHETHER IN TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR UNDER ANY OTHER LEGAL THEORY) TO THE CUSTOMER, OR TO ANY OTHER ENTITY OR PERSON, FOR ANY INDIRECT, INCIDENTAL, SPECIAL, STATUTORY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF GOODWILL, LOSS OF PERFORMANCE, LOST PROSPECTIVE ECONOMIC ADVANTAGE, LOST REVENUE OR PROFITS, OR LOSS OF DATA), IRRESPECTIVE OF WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
  4. IN PARTICULAR, THE OPERATOR IS NOT LIABLE FOR DAMAGES RESULTING FROM THE DISCLOSURE OF THE CUSTOMER'S IDENTITY OR IP ADDRESS, RESPECTIVE, OR THE OUTAGE OF INDIVIDUAL MIX SERVERS, RESPECTIVELY, WHICH THE OPERATOR DID NOT CAUSE BY GROSS NEGLIGENCE OR WILFUL MISCONDUCT. THE OPERATOR STRESSES THAT, IN ORDER TO PREVENT THE DISCLOSURE OF THE CUSTOMER'S IDENTITY OR IP ADDRESS, RESPECTIVE, IN ADDITION TO THE USE OF JONDO FURTHER PRECAUTIONS AT THE CUSTOMER'S SIDE ARE NECESSARY, THAT IS  BOTH A SECURE CONFIGURATION OF WEB BROWSER, OPERATING SYSTEM AND COMPUTER, AND AN ABSTINENCE TO TRANSMIT PERSONAL DATA.
  5. THE OPERATOR IS NOT LIABLE FOR DAMAGES RESULTING FROM LOSS OR MISUSE OF THE CUSTOMER’S ACCESS DATA. IN PARTICULAR, THE OPERATOR IS IN THIS CASE NOT OBLIGED TO REFUND PREVIOUSLY PAID FEES TO THE CUSTOMER.

§8 Venue / Applicable Law

  1. Exclusive venue for all disputes arising from this Contract is, if the Customer is merchant, legal person governed by the public law, special property under public law or inland without place of jurisdiction, <venue>. Moreover, the Operator has the right to sue the Customer at his own venue.
  2. The Contract between the Operator and the Customer shall be governed, construed and interpreted in accordance with the laws of <Operator's country> The regulations of the United Nations convention on contracts for the sale of movable goods (CISG) shall be expressly excluded.

§9 Notice of ancellation

  1. You may cancel your declaration of contract within one month without giving reasons in textual form (e.g. by mail, fax, e-mail). The cancellation period shall commence at the earliest on receipt of this notice of cancellation. To meet the deadline it will suffice to send the notice of cancellation on time. The notice of cancellation has to be sent to

Yatrade Ltd

<Topli Dol 2A Street, entrance 1, ap.16 >          
<1680> <Sofia>
<Bulgaria>

VAT: <201251783>
Fax:    <00359 2 9585958>
E-Mail: <info@ya-trade.com>

  1. In case of an effective cancellation, the benefits received on both sides have to be returned, and, if necessary, interest has to be released. If you cannot return to us the benefit received as a whole or partially, or in a declined condition only, you have to, if necessary, pay compensation for the value.
  2. Your right of cancellation expires prematurely if you have utilised any Mix of the Operator upon your explicit approval before the end of the cancellation period, or if you have arranged this usage by yourself.

 

§10 Severability Clause
If any provision of these Standard Terms and Conditions or the application thereof to any person or circumstances is fully or partially invalid, unlawful or unenforceable, all remaining provisions or application of these provisions shall remain unaffected thereof. An invalid, unlawful or unenforceable provision shall be regarded as replaced by a valid, lawful and enforceable provision that as closely as possible reflects the economic background and meaning of the replaced provision.

 

Sofia, Bulgaria, 08.08.2011