Global Climate Changer GmbH | Service Terms
Global Changer may grant Customer access to the Services as part of a trial evaluation for a period determined by Global Changer at its sole discretion (“Trial Use”). Global Changer shall have the right to downgrade, limit or otherwise modify the Services provided for Trial Use at any time without notice, and no guarantee, indemnity, Maintenance or Support obligations of Global Changer shall apply to Trial Use. Global Changer has the right to immediately revoke and terminate any Trial Use at any time. Trial Use is not a guarantee of future product features and should not be relied upon in making any purchasing decisions.
Customer and Global Changer shall at all times comply with the requirements of any applicable privacy and data protection legislation. In particular, where reasonably required by Customer, Global Changer shall enter into a written data processing agreement with Customer.
Customer may only invoke a right to set-off and assert a right of retention to the extent that its claims have been (A) finally established by a court of law; (B) are uncontested; or (C) have been acknowledged by Global Changer.
Should any provision of the Services Contract including the Order and these Terms be or become ineffective or invalid in whole or in part, the effectiveness and validity of the other provisions shall not be affected. Such ineffective or invalid provision shall be replaced by a provision which comes as close as legally possible to what the Parties would have agreed, pursuant to the meaning and purpose of the original provision and of the Services Contract if they had recognized the ineffectiveness or invalidity of the original provision. If the ineffectiveness or invalidity of a provision is based on the determination of a certain level of performance or a certain time (deadline or fixed date), such ineffective or invalid level or time shall be replaced by the level or time which comes as close as legally possible to the original level or time. The foregoing shall also apply to any possible omission in the Services Contract including the Order and these Terms that was not intended by the Parties. It is the express intention of the Parties that this savings clause does not just have the effect of shifting the burden of proof but that § 139 German Civil Code is entirely dispensed with.
Global Climate Changer GmbH
District Court of Berlin Charlottenburg, Germany HRB 218334