General Terms and Conditions (GTC)
General Terms and Conditions for the use of the online marketplace www.MilktheSun.com as well as verification and brokerage services of MTS Solar Portal LLC. The provider of the services described below is the company: Solar Portal LLC, office 107 Bayswater, Business Bay, Dubai, United Arab Emirates, represented by the management. Both companies are hereinafter referred to as MtS.
§ 1 Scope, Definitions
1. These General Terms and Conditions (GTC) apply to
a. the use of the online marketplace "www.MilktheSun.com" operated by MtS
b. the verification and brokerage services provided by MtS in connection with the planning and construction of, trading in, and brokering of services related to photovoltaic systems. It is irrelevant whether the brokerage services and/or verification are set out in individual or multiple contractual documents or consist entirely or partially of information from the online marketplace and/or other communications.
2. "CUSTOMER" within the meaning of these provisions is any natural or legal person or (partially) legally competent partnership that has been registered by MtS and has received access data from MtS. Customers are not consumers within the meaning of Section 13 of the German Civil Code (BGB), i.e., natural persons who enter into the respective legal transaction for a purpose that is attributed to a commercial activity. The operation of a commercial photovoltaic investment always requires the registration of a business with the responsible trade office. Customers are therefore entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB).
3. MtS's General Terms and Conditions apply exclusively. Conflicting or deviating terms and conditions of a contractual partner are hereby rejected. The deviating General Terms and Conditions shall have no effect unless their validity has been expressly agreed to by MtS.
§ 2 Registration, conclusion and term of contract, termination
1. To use the MtS online marketplace, each customer registers using the registration form with their email address and a password of their choice. They will then receive an email to verify their email address and activate their account. After activation, the customer can use the online marketplace. The user agreement between MtS and the customer is concluded upon activation of the account.
2. Due to the commitment of both parties to a long-term, trusting business relationship and due to the source protection agreement, this user agreement is concluded for a fixed term of two years. During this period, the agreement cannot be terminated without notice. It will automatically renew after the fixed term has expired until terminated in writing with one month's notice.
3. Either party may terminate the contract for good cause without notice. Good cause exists if, taking into account all circumstances of the individual case and balancing the interests of both parties, the terminating party cannot reasonably be expected to continue the contractual relationship until the agreed termination date or until the expiration of a notice period.
4. The withdrawal, revocation or termination must be declared in writing.
§ 3 Description of Services
1. MtS provides the CUSTOMER with an online marketplace with an area for contacting, reviewing, and evaluating, as well as preparing contracts related to the purchase and/or sale of so-called "brokerage objects." The term "brokerage objects" is to be interpreted broadly. This includes, in particular, (a) project rights for photovoltaic systems, (b) photovoltaic systems to be constructed in the future, and (c) photovoltaic systems that have already been fully or partially completed, as well as combinations of items subsumed under (a) to (c). The term "project rights" mentioned in the previous sentence under (a) is also to be interpreted broadly and refers to any type of transferable legal position related to the planning and construction of a photovoltaic system. This includes, for example, public or private law permits, expert opinions, studies, technical plans, usage agreements, or contracts relating to the acquisition, manufacture, or delivery of individual parts or assemblies of a photovoltaic system.
2. Registered CUSTOMERS can offer brokerage properties for sale in the online marketplace either as sellers (referred to as "SELLERS" in the online marketplace) or as prospective buyers (referred to as "INTERESTED PARTIES" in the online marketplace). INTERESTED PARTIES can submit bids or questions addressed to SELLERS to MtS. MtS forwards these questions and bids to the respective SELLERS. Negotiations with sellers should generally be conducted through MtS employees.
3. MtS is not a party to the purchase agreements between SUPPLIERS and PROSPECTED PARTIES. These purchase agreements bind exclusively the respective suppliers and prospective buyers involved. The purchase agreements are processed and fulfilled outside of the online marketplace provided by MtS. MtS does not submit purchase contract offers in its own name and does not accept purchase contract offers from CUSTOMERS.
4. MtS is not the owner of the brokerage objects offered on the online marketplace or the holder of the legal positions offered. MtS has no influence on the fulfillment of contracts concluded between the CUSTOMERS of the online marketplace. MtS is not responsible for the suitability of a brokerage object for a specific purpose assumed by a USER or for the success a buyer seeks with the brokerage object delivered/promised by the seller. The same applies to any legal or material defects in the contractual objects.
§ 4 General Terms of Use / Confidentiality of Information
1. The services and information provided by MtS to the CUSTOMER (see Section 3 of the General Terms and Conditions) are intended solely for the CUSTOMER's own direct use and must be treated as strictly confidential. The CUSTOMER is prohibited from disclosing to third parties any data and information about persons, companies, products, projects, offers, or businesses obtained through MtS without the express consent of MtS, or from trading in such data. If the CUSTOMER represents operating or affiliated companies, they have the option of naming these companies when registering as a CUSTOMER. The companies named and represented by the customer are then not considered third parties within the meaning of this provision.
2. The CUSTOMER is obliged to immediately inform MtS of any changes to his/her address, personal or company data (in particular the legal form of the company or the company name).
3. The access data issued by MtS for use of the online marketplace must be kept inaccessible to third parties, may not be passed on to third parties, and must be protected against unauthorized access.
4. The CUSTOMER is liable, within the scope of the statutory provisions, for all unlawful and/or contractually infringing acts committed using their access data. The CUSTOMER must notify MtS of any misuse of their access data upon becoming aware of it without undue delay, so that MtS can block the access data.
5. During the term of this agreement, i.e., during the time in which the CUSTOMER uses the MtS platform through their account or this account has not been deactivated, the CUSTOMER is not authorized to market PV projects or have them marketed on any other online marketplace in Germany. This also applies for a further two years after the termination of the collaboration by written termination of this agreement. In the event of a violation, the CUSTOMER owes MtS the commission that MtS would have earned by brokering the project. Should such a violation occur, MtS must first request the CUSTOMER to cease and desist before it can assert any claims.
§ 5 Special Conditions for Providers
1. A PROVIDER has the option of posting information about the brokerage properties they offer in the online marketplace. The provider must list each of their brokerage properties in the correct category and describe it accurately and completely. In particular, they are obligated to indicate any conditions, rights of withdrawal, and other reservations. Brokerage properties are described by entering project information in the fields provided for this purpose. PROVIDER also provides further project documentation. The provider must provide all information essential for the prospective buyer's purchase decision. This includes, in particular, all essential characteristics and value-defining features of the property offered, as well as any restrictions and circumstances that could influence the value of the brokerage property offered. MtS is not obligated to verify the provider's information. No information may be entered into the project information fields that would allow direct contact with the respective provider (e.g. telephone or fax numbers, email addresses, internet addresses, etc.) or that would allow conclusions to be drawn about such information.
2. MtS reserves the right to review any offer before publication on the online marketplace and to reject or terminate publication.
3. Should changes be made or occur to the brokered property, these must be announced immediately, but no later than within 5 days, in the online marketplace by correcting the project information and project documentation.
4. A violation of the above obligations will result in suspension and exclusion from MtS services.
5. The PROVIDERS undertake to inform MtS without being asked to do so about the conclusion of follow-up transactions with CUSTOMERS and to provide comprehensive information about any follow-up transactions upon first request, if necessary by preparing an accounting statement.
§ 6 Special Conditions for Prospective Buyers
1. To be registered as a prospective buyer, a prospective buyer must express and document their interest in purchasing to MtS.
2. After registering, a prospective buyer has the opportunity to view the project information of the brokerage properties offered on the online marketplace.
3. However, registration does not yet allow the prospective buyer to inspect the protected project documentation available for each project. The prospective buyer can request that the protected project documentation be released to them for each individual brokerage property and that the provider's contact details be communicated to them. After review and positive approval of this request by MtS, the prospective buyer will be granted access to the project documentation for the respective brokerage project.
4. If interested in purchasing, the prospective buyer can contact a member of the MtS sales team to obtain information about the property.
5. MtS will only establish contact with the seller of a brokered property on behalf of the prospective buyer after the prospective buyer has placed a binding order and made a down payment to MtS. In this way, MtS ensures that contact only occurs between the two contracting parties if there is a high probability of a subsequent contractual relationship.
6. The purchase contract is then concluded directly between the prospective buyer and the seller. The deposit already paid will be offset against the purchase price.
§ 7 Brokerage of purchase contracts
1. MtS mediates the final purchase agreement signed by both parties. MtS ensures that communication between buyer and seller takes place exclusively through MtS, eliminating the need for direct contact between buyer and seller. During the marketing period, contact between the client and the final buyer should take place exclusively through MtS. For subsequent exchanges, the client can communicate directly with the final buyer for the purpose of re-description of existing properties or updates on construction progress. If the new investor intends to make a further investment, this communication may only take place through MtS.
2. If the CUSTOMER wishes to finance an item purchased through the platform, a down payment of 10% of the purchase price must be made to the MTS payment processing center within 7 business days of signing the contract. Whether the purchase price will be financed is stipulated in the purchase agreement between the seller and the buyer. The buyer then has a maximum of 6 weeks to disburse the financing and pay the purchase price. The seller can then withdraw from the purchase agreement. In the event of withdrawal, the buyer owes MTS an expense allowance of 5% of the purchase price, in accordance with these General Terms and Conditions. Should a withdrawal occur after the 6-week period or a delayed payment occur, the buyer shall pay MTS provision fees in the amount of the statutory default interest on commercial transactions applicable at that time (from January 2025: 11.27% pa), calculated daily until the time of withdrawal or until the full purchase price is paid to the seller. The setup fees apply regardless of who is responsible for the delay.
3. MtS merely mediates the purchase agreement to be concluded with the seller. MtS is neither a contractual partner nor does MtS enter into any obligations of any kind with the purchase agreement to be concluded.
4. The purchase contract to be concluded with the seller has no influence on this legal relationship between the customer and MtS. Neither is MtS obligated to anything towards the customer under the purchase contract, nor does the existence or non-existence, invalidity, or invalidity of the purchase contract influence this contractual relationship.
5. MtS is under no circumstances obligated to repay the commission to the CUSTOMER in the event of termination, withdrawal, invalidity, or reversal of the purchase agreement between the client and the seller of the system. Any claims for reimbursement by the buyer are exclusively against the seller.
6. The CUSTOMER has been informed that the purchase price consists of two components: the brokerage commission paid to MTS and the purchase price received by the seller. The commission paid to MTS is paid by the seller. This also applies if the seller withdraws from this contract due to the project not being realized. In this case, the buyer will receive a refund from the seller for any payments already made. If the seller withdraws from this contract due to the buyer's fault, e.g., due to non-payment of the purchase price, the CUSTOMER shall bear the MTS commission.
7. The CUSTOMER must adhere to the contractually agreed procedure in the purchase agreement, ensuring that the payment or down payment of the purchase price is made to the account of the payment processing agency. If the CUSTOMER fails to comply and MtS therefore does not receive a commission payment from the seller, the CUSTOMER is liable for the commission lost by MtS.
§ 8 Source Protection and Confidentiality Agreement
1. The CUSTOMER undertakes not to use any vendors, general contractors, buyers, banks, investors, institutes, companies, individuals, and all other parties involved, as well as their business partner-related data, received from MtS, for a period of three years after the termination of the collaboration, in any way, nor to disclose it to third parties, nor to enter into direct business contact with them, either directly or through third parties, unless MtS has given written approval. The CUSTOMER will not use any documents and information received from MtS or a party involved in connection with the contract implementation or project realization, nor any knowledge gained thereby about the project participants, their needs, and their characteristics, either for itself or for third parties. The CUSTOMER will keep confidential the information provided to it and the knowledge gained. It may only make it accessible to employees to the extent absolutely necessary for execution. These employees must be bound to confidentiality accordingly.
2. MtS's own customer protection is its top priority. All contacts provided by MtS should be processed exclusively through MtS for future transactions. If an intentional violation of source protection leads to transactions or follow-up transactions with sellers brokered by MtS without MtS being involved in the transaction, the contractual penalty shall be three times the lost profit or the lost transaction. (The simple lost profit would not be a penalty, as this amount would be incurred anyway if processing is carried out contractually through MtS, and since not every circumvention may be noticed, even twice the lost profit is not a possible contractual penalty.) If MtS cannot provide a detailed statement of the commission amount, a flat rate of €150/kWp commission for projects throughout Germany and €30/kWp for projects worldwide outside Germany will be applied. The triple commission would therefore be €450/kWp or €90/kWp. This applies, among other things, to transactions in which the CUSTOMER contacts contacts mediated by MtS directly, or in which the seller contacts the client directly without handling this through MtS. The CUSTOMER is obligated to report any attempt by a seller to circumvent MtS. Likewise, all sellers have committed to MtS not to circumvent MtS and to report any such attempt. Even a deliberate attempt to circumvent MtS is prohibited and will result in a flat-rate contractual penalty of €10,000. Only intentional and knowing violations of source protection will result in a contractual penalty.
3. The CUSTOMER guarantees absolute confidentiality and discretion towards MtS regarding the content they have received on the MtS platform in the activated status, as well as regarding completed transactions and all other information obtained in communication with MtS. The CUSTOMER will not disclose or publish any information regarding this unless authorized in writing by MtS or required or permitted by law or official order. In the event of a culpable breach of the confidentiality obligation, a contractual penalty of €20,000 will be charged, unless higher damages are proven. If the violation of this agreement is a continuing violation, the perpetrator is obligated to pay an additional fee of the same amount for each month that the violation continues and in which they do not take steps to refrain from the violation.
§ 9 Contractual penalty/compensation for disclosure or publication of data
Interested parties and other customers of the online marketplace are not permitted to use the information and data made available to them through use, in particular data on projects, contacts, offers, or products, or contact with employees or former employees of the company, for any purpose other than those contractually agreed upon, whether for a fee or free of charge, for their own or third-party purposes. In particular, they are not permitted to publish, distribute, forward, store, or reproduce offer and address data, whether for a fee or free of charge, to have this done by third parties, or to participate in such activities. A violation of these confidentiality and secrecy obligations will result in claims for damages and a disclosure obligation so that MtS can determine the extent to which data misuse has occurred. Customers are also not permitted to send, have sent, or participate in the sending of advertising to registered customers without their prior express consent. Any existing confidentiality agreements between the INTERESTED PARTY and MtS remain unaffected, as do the continuing commission payment obligations pursuant to Section 8.
§ 10 Right of Preemption
MtS regularly brokers PV systems. Therefore, it is interested in purchasing or brokering systems it has already brokered, should a sale be pending. For this reason, the CUSTOMER hereby grants MtS the right to purchase the object of purchase under the terms of a third-party purchaser (right of first refusal), provided that the CUSTOMER has purchased a PV system through MtS. MtS can also appoint another buyer in its place to acquire the PV project on its behalf. If a purchase agreement is concluded with an investor, MtS has the right to purchase the system before the investor under exactly these terms. This right in favor of MtS therefore does not disadvantage the buyer. This right applies only to sales transactions with uninvolved third parties, i.e., in free marketing with brokers, solar companies, etc., and expressly not to sales transactions with relatives of the buyer or to sales transactions with the buyer's companies. The buyer must inform each buyer or potential buyer of the existence of the right of first refusal and inform MtS of the content of the contract immediately after the conclusion of a sale.
§ 11 Brokerage/Proof Commission, Follow-up Commission
1. MtS does not charge a nominal fee for the release of protected project documentation to interested parties.
2. MtS does not charge a commission from the buyer of a brokered property for establishing contact between sellers and prospective buyers and for any resulting transactions. Instead, MtS receives a fee from the seller after a successful brokerage. This fee is agreed upon individually between MtS and the seller.
3. The remuneration due to MtS from the provider is due and earned when one or more contracts (e.g., development cooperations, option contracts, purchase contracts, work or work delivery contracts, etc.) are concluded between the provider of a brokerage object and the buyer/interested party regarding the brokerage object advertised on the MtS platform or another photovoltaic project of the provider.
4. All prices stated in these Terms and Conditions and in individual offers are net prices plus statutory VAT.
6. If the fulfillment of a validly concluded contract between the provider and the buyer fails, MtS's remuneration remains unaffected. This also applies if one or both parties withdraw from the contract, subsequently cancel, or contest the contract already concluded.
7. The seller and the end buyer agree to disclose their legal transactions between each other for up to three years after the end of the marketing period to avoid circumvention. In the event of a violation, a penalty payment will be due. The amount of the penalty payment shall be equal to the total purchase price or prices agreed upon between the seller and the prospective buyer in the circumvention.
8. The obligation to pay remuneration also applies to any follow-up transaction between the prospective buyer and the provider that the USERS conclude within three years of the date of the initial transaction verified or brokered by MtS. It is irrelevant whether the follow-up transaction is concluded via the online marketplace. These transactions may only be processed through the MtS sales team. The providers undertake to inform MtS without being asked if the prospective buyer contacts them should they request another project for purchase. The prospective buyers undertake to inform MtS without being asked if the prospective buyer contacts them should they offer another project for sale.
9. If the interested party has already been offered the same offer elsewhere before the placement project is activated by MtS, the interested party must notify MtS of this prior knowledge in writing within 10 days, providing evidence of this. Failure to do so will disqualify MtS from claiming prior knowledge, and MtS's right to compensation will apply regardless of such prior knowledge. MtS's right to compensation for successful placement services arises regardless of any prior knowledge on the part of the interested party.
§ 12 Description of services for brokerage services by MtS
1. MtS offers its customers, among other things, the brokerage of contracts for the financing of photovoltaic systems. To this end, the customer confirms their brokerage order to MtS by submitting a free financing request via the online form. MtS is commissioned by the applicant and authorizes the transfer of data to one or more financial institutions to request a non-binding and free offer for photovoltaic financing.
2. The customer authorizes MtS to receive the non-binding loan offer, information on the further course of his financing, as well as data and documents related to the financing for the purpose of supporting the customer in the financing process and forwarding them to him, from interested financial institutions.
3. The customer hereby consents to the disclosure of his or her data by the interested financial institution or releases the financial institution from banking secrecy to this extent. This exemption may be revoked at any time by the customer without formal notice to MtS or the financial institution.
4. The customer authorizes MtS to inspect the data and forms submitted by the customer, which are necessary for concluding the photovoltaic financing, and to inspect and check them for completeness and plausibility before forwarding them to the credit institution.
5. Depending on the type of financing and the financing partner, MtS charges a brokerage commission directly from the customer, rather than being subsequently reimbursed by the financing partner. The customer confirms this brokerage commission with their inquiry. A brokerage commission is due upon successful conclusion of a brokered financing agreement. The exact amount of the brokerage commission depends on the brokered loan amount and is communicated to the customer specifically before concluding a financing agreement. It is also included as a cost component in all calculations and communicated transparently.
6. After appropriate review, the financial institution sends the documents for concluding a financing agreement to the customer (offer). A contract for financing a photovoltaic system is only concluded when the customer accepts the offer.
§ 13 Solarganizer (This function has been discontinued since 01.2024)
1. MtS offers customers an online data room (also called "Solarganizer"). Here, customers can upload their project-related documents and files.
2. The basic version of Solarganizer is free of charge for CUSTOMERS.
3. The ability to store data in Solarganizer does not release the customer from the obligation to regularly back up this data independently. Data backup is not a service obligation of MtS.
4. MtS cannot guarantee a minimum availability of the Solarganizer.
5. The content accessible via Solarganizer and the data stored by CUSTOMERS must not violate legal prohibitions, common decency, or the rights of third parties (in particular trademark and copyright rights). CUSTOMERS undertake to indemnify MtS from any third-party claims of any kind resulting from the illegality of content stored by the CUSTOMER on the contractual storage space and/or the contractually improper misuse of the provided server services. This indemnification obligation also includes the obligation to fully indemnify MtS from legal defense costs (e.g., court and attorney fees).
6. CUSTOMERS must ensure that the MtS website, the Solarganizer, or other CUSTOMERS' data, server stability, server performance, or server availability are not compromised in any way contrary to the contractually agreed use. This also includes the CUSTOMERS' obligation to only upload files to the Solarganizer that have been previously scanned by a current virus and malware program. This also means that CUSTOMERS are solely responsible for their own data uploaded to the Solarganizer.
§ 14 Responsibility for Content and Indemnity Claim
1. MtS is merely the operator of the online marketplace. It merely provides the CUSTOMER with the opportunity to publish their own offers there. MtS assumes no obligation to review the offers for their content or legal admissibility prior to publication. MtS does not adopt the information provided there as its own.
2. The CUSTOMER is solely responsible for its offers and the content and information published on the online marketplace. The CUSTOMER is obligated to comply with applicable law in all publications on the online marketplace. This applies in particular to the selection, design, and publication of offers, as well as the transmission and publication of project information and documentation. The CUSTOMER must ensure that its actions do not violate any legal regulations. Its publications must not violate any protective laws, criminal laws, or regulatory provisions, nor the rights of third parties (in particular, intellectual property rights such as patents, trademarks, trademark rights, name rights, and personality rights), regardless of their nature.
3. The CUSTOMER undertakes to indemnify MtS against all third-party claims of any kind related to the publication of the data and offers provided by the CUSTOMER. This indemnification obligation includes claims for damages and reimbursement of expenses, as well as reimbursement of legal defense costs (e.g., court fees, attorney fees, and, if applicable, patent attorney fees) incurred by MtS to defend against claims and demands asserted against MtS based on the information published by the CUSTOMER. Upon MtS's request, the CUSTOMER must make appropriate advance payments on these indemnification claims.
§ 15 Rejection and removal of database entries/blocking of the account
MtS reserves the right to block a CUSTOMER's offers and/or their access data if the CUSTOMER violates the provisions of these Terms and Conditions, common decency, applicable law, or the rights of third parties, or if MtS has a legitimate interest in blocking the CUSTOMER. The inclusion of new offers is at MtS's sole discretion.
§ 16 Special provisions on the limitation of liability of MtS
1. MtS is not liable for the accuracy and/or completeness of the information, tips, advice, or recommendations contained on or made accessible through its websites.
2. Furthermore, any liability of MtS for damages resulting from incorrect data transmission, data loss, or the incorrect reproduction of a database entry after its entry is excluded, unless the damages are caused by intentional or grossly negligent conduct on the part of MtS, its legal representatives, or vicarious agents.
3. MtS is liable to entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB) – except in the case of a breach of essential contractual obligations (obligations whose compliance and fulfillment make the proper execution of the contract possible in the first place and on whose fulfillment the contractual partner may rely, taking into account all circumstances of the individual case) – for damages only if and to the extent that the legal representatives or senior employees of MtS act intentionally or with gross negligence. The above limitation of liability applies to compensation for indirect damages, in particular for lost profits. Within the scope of the liability standard described above, MtS is liable only up to the amount of the damages typically foreseeable at the time the contract was concluded.
4. The above limitations and exclusions of liability do not apply to claims under the Product Liability Act, damages resulting from injury to life, body, or health, or mandatory statutory liability standards, or in the event of intentional or grossly negligent actions by MtS.
5. MtS is not liable for hardware or software errors on the servers used to operate or manage the online marketplace, or for direct errors such as data destruction on the CUSTOMER's local system, virus transmission, unavailability, or damage to hardware or software on the CUSTOMER's local IT system. The CUSTOMER has no claim to completeness, accuracy, or restoration of data (e.g., in the event of destruction of the databases used to operate the online marketplace). This only applies if MtS is not guilty of intent or gross negligence.
§ 17 Data Protection
1. MtS processes CUSTOMERS' personal data for specific purposes and in accordance with legal provisions. Personal data provided for the purpose of registration or contract conclusion (such as name, email address, address, payment details) will be used by MtS only for the fulfillment and processing of the contract. This data will be treated confidentially and will not be passed on to third parties not involved in the contract conclusion and payment process.
2. CUSTOMERS have the right, upon request, to receive information free of charge about the personal data stored about them by MtS. In addition, they have the right to correct inaccurate data, block, and delete personal data, unless there is a statutory retention period to the contrary.
§ 18 Place of Performance and Jurisdiction / Applicable Law
1. The place of jurisdiction and performance for the fulfillment of all obligations arising from or in connection with this contract is Dubai.
2. MtS reserves the right to assign its claims arising from these Terms and Conditions, in whole or in part, to a third party. The CUSTOMER hereby consents to this assignment.
3. If MtS assigns its claims under these Terms and Conditions to another company in Germany so that the latter can assert the claims, the place of jurisdiction or place of performance shall be Nuremberg, Germany.
4. This contract shall be governed by the substantive law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.
§ 19 Final provisions
1. MtS is entitled to advertise the photovoltaic system subject to the contract for its own purposes. For these purposes, MtS is entitled to use the location, images, and yield figures in advertising, such as in newsletters and on the websites of the seller and its partners.
2. If rights and obligations under this contract are subject to time limits, these shall begin to run upon termination of this contract – regardless of the reason.
3. If a period of time agreed in this contract should be unreasonable and ineffective in terms of its duration, a period of time shall be deemed to be agreed which shall be considered reasonable and effective, unless a statutory minimum or maximum duration is provided for.
4. The rights and obligations of the contracting parties are governed exclusively by this contract. To this extent, this contract supersedes any pre-contractual declarations by the parties. There are no ancillary agreements to this contract.
5. All agreements, in particular amendments, additions, as well as notifications and ancillary agreements concerning the contract, made between the contracting parties for the purpose of executing this contract, must be in writing. This also applies to any changes to the written form requirement itself.
6. Should individual provisions of this contract be or become legally invalid, or should gaps arise in this contract, this shall not affect the validity of the remaining provisions. In place of the invalid provisions or to fill any gaps, an appropriate provision shall apply that comes closest to what the contracting parties intended or would have intended the meaning and purpose of the contract had they considered the invalidity of the agreed provision.
§ 20 Amendments to these Terms and Conditions, Contract Language
1. MtS reserves the right to change these Terms and Conditions at any time and without stating reasons. The CUSTOMER will receive the amended terms and conditions by email at least two weeks before they come into effect. If the CUSTOMER does not object to the validity of the new Terms and Conditions within two weeks of receiving the email, the amended Terms and Conditions shall be deemed accepted.
2. If the Terms and Conditions have been objected to, the account must be deleted independently and may no longer be used. As soon as the account is logged back in, the Terms and Conditions are deemed to have been accepted again.
3. The user agrees to the Terms and Conditions currently in effect each time they log into their account. This also applies if the domain milkthesun.com has been sold and is used by another company.
4. The contract language is German, unless mandatory provisions conflict with this.