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1. Scope of Services, Rendering of Services


1.1. Type, content and scope of services to be rendered by The DAO are set forth in the contract and the specifications of service and/or product by The DAO underlying the respective contract.

1.2. In case of doubt, statements by employees of The DAO or third parties as well as advertising statements shall only constitute a claim of the owed performance only if they have been confirmed in writing by The DAO. In case of doubt, statements regarding the quality of the contractual services shall constitute a guarantee only if they have been expressly designated as such.

1.3. The DAO shall be authorized to change and adjust the content of its services, in particular of software made available within the scope of technological, user interface or content enhancements, provided that the agreed functionalities are not restricted or impaired.

2. Availability of Service

2.1. The DAO warrants the contractually agreed availability of service. However, this does not constitute a respective guarantee.

2.2. Prerequisite for CLIENT’s claims in case of availability downtimes is always that CLIENT immediately notifies The DAO of the downtime and – to the extent possible and reasonable – has documented this in an understandable manner so that The DAO  can check the cause of the respective downtime.

2.3. The DAO is not liable for availability downtimes caused by force majeure. Theft, general Internet downtimes or other circumstances shall be treated as force majeure, if they are unforeseeable, severe and have not been caused by any fault of The DAO. The DAO shall, if this is possible and reasonable under the circumstances, immediately notify CLIENT about the occurrence of such an event. The DAO shall do everything within its control to achieve a fast removal of such downtimes.

2.4. The DAO shall not be liable for any availability downtimes caused by CLIENT, the telecommunication service provider, the access provider or the mobile phone provider of CLIENT or which are otherwise attributable to third parties within the sphere of CLIENT.

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