General Terms and Conditions for the Website https://www.jetscale.com

1. Scope and definitions

(1) The following General Terms and Conditions apply to all services between the Jetscale UG (limited liability) (”Jetscale”) and a contractor in the edition valid at the time of an order.

(2) The contractor is a natural or legal person or a legally capable partnership that acts in the exercising of their commercial or independent occupational activity upon the completion of a legal transaction (§ 14 BGB).

2. Conclusion of a contract, saving contract text

(1) The following regulations about the contract completion apply to orders and services through our website https://www.jetscale.com as well as its sub-sites.

(2) The usage of the website https://www.jetscale.com requires customer registration and the specification of a valid e-mail address.

(3) In the event of a contract completion, the contract comes into effect with

Jetscale UG (limited liability)
represented by the respective managing directors entitled to individual representation
Luis Eduardo Semprun Bracho and Mike Peuerböck
Tegeler Str. 23
13353 Berlin
Telephone: +49

(0) 152 – 33775426

E-mail: info {at} jetscale.com

(4) The presentations of the service packages on the website https://www.jetscale.com do not represent a legally binding contract offer, but rather are only non-binding solicitation for customers to purchase merchandise (invitatio ad offerendum). With the order of the desired service package, the customer submits a binding offer to complete a service contract.

(5) The booking and billing of the service packages is performed exclusively through the website https://www.jetscale.com as well as a billing provider we have assigned (for example, Chargebee). For the service contract regarding packages booked through the website https://www.jetscale.com, solely the General Terms & Conditions and, if necessary, the General Terms and Conditions from the billing provider as well as the right to revocation for consumers apply.

(6) Before sending the order, the user may return to the internet site where they entered their information and correct and input mistakes or cancel the order process by closing the internet browser if they click on the “Back” button in their internet browser before sending the order. We will confirm the receipt of the order directly through an automatically generated e-mail (”order confirmation”). We accept your offer with this.

(7) Saving the contract text: We save the contract text and send you the order data and our General Terms & Conditions by e-mail. You can view the General Terms & Conditions at any time at https://www.jetscale.com/agb. You can view your past orders in your customer area on the website from our billing provider (for example, https://jetscale.chargebeeportal.com/portal/login).

3. Scope of service

(1) Multiple service levels are available to choose from:

a. Install our Javascript Snippet to find out the performance of each of your pages for every single user. We gather anonymous user data in real time and provide the data in our own tool on our servers. The data is then prepared into graphs, tables and lists to make it easier to use. It is also possible to put individual tags on the data (e.g. Pagegroup), send events and track conversions by having the customer provide us with the conversion data. We install cookies to track the activities of a user. We create a Unique ID for each user as well as a Session ID for each session. However, we are not able to identify the user beyond this. IPs are not saved, but we do receive information about the country, browser, operating system version, end device.

b. Book Jetscale to receive a customized performance audit. We submerse ourselves into your data and provide analysis if needed. We also determine if actions must be taken regarding your infrastructure.

c. Book our performance engineers to implement solutions for you. Our engineers will come to you or sometimes the solutions can also be implemented externally.

d. Jetscale also offers automated solutions to increase web performance. Some of these services are executed on servers from third party providers such as Amazon AWS, Google Cloud or others.

(2) All prices are net plus the respectively valid legal value added tax.

4. Order Process

(1) After the first contact with Jetscale, the customer will receive a link that they can use to register to the page from our billing provider (Chargebee), which specializes in the management of subscription models. This link leads the customer to the order form.

(2) The total price is displayed in the order form. The order can still be deleted here or discount codes can be added, which will then be subtracted from the total price.

(3) The following mandatory fields exist in the order form: e-mail, first name, last name, company name (optional), address 1, address 2 (optional), zip code, city, country, state. After selecting the country, the Value Added Tax identification number may also be requested if needed.

(4) It is also possible to pay with credit card (American Express, Visa, Mastercard) as well as through PayPal.

(5) The checkbox “I agree to the Terms of Service & Privacy Policy” must have a check in it.

(6) Then the order can be completed through the “Subscribe” button.

(7) On the “Thank You” page, the customer has the possibility to create their own customer account which gives them access to their orders, invoices and payments at all times. The customer will be asked to provide an email and password for this and will then receive a confirmation email.

(8) After payment has been made, the customer will receive an e-mail with the invoice.

5. Billing

(1) Each member completes a membership for one month or one year upon registration and will pay for this in advance by credit card or with PayPal. The booking of non-recurring service packages or hourly services is also possible.

(2) For some products (currently only “Real User Monitoring”), Jetscale has a 15-day test phase during which the membership can be terminated at any time by telephone or writing without specifying the reasons. The fees for using these products are first collected after the test phase.

(3) The booking of a membership is only effective once the payment for a month has been received. If the member does not cancel, the membership will extend by another billing period (month or year). We must receive the termination within a period of two weeks before the end of the term. The mutual legal right to extraordinary termination is not affected by this.

(3) For non-recurring service packages, the service occurs after receipt of the price for the service package.

(5) For services that are billed on an hourly basis, the service occurs immediately after assignment and is billed monthly.

(6) The customer receives the bill for the previous month for all services used up to the 5th of the month.

(7) The invoice is sent by e-mail as a PDF attachment. The payment target is one week and the amount will be collected via direct debit.

6. Violations Against the General Terms & Conditions

If a user violates these General Terms & Conditions, Jetscale is entitled to warn the user and/or temporarily or permanently block their user account to encourage them to comply with their obligations. The user must be informed of any warnings or blocks in writing. Furthermore, an extraordinary termination of the usage relationship may be issued in the event of severe violations.

7. Liability

(1) The liability of Jetscale due to negligently caused damage is excluded. The liability for intention and gross negligence as well as due to a loss of life or injury is explicitly not ruled out.

(2) If Jetscale violates a contractual obligation in a negligent manner, Jetscale’s obligation to compensation is restricted to the typical damage arising through the questionable transactions. Significant contract obligations are those that allow for the fulfillment of the proper execution of the contract and the compliance of which the contract party trusts regularly and may trust regularly or that Jetscale must provide the contract partner with according to the contract content.

(3) The previously named rules regarding liability restrictions also apply to people for whom the fault Jetscale is responsible for according to legal provisions.

8. Copyright and Intellectual Property

(1) All information and services provided on the website jetscale.com and its sub-sites are copyright protected. A reproduction is only permitted with the express written consent of Jetscale or the respective copyright holder.

9. Data privacy

(1) The customer ensures that the applicable data privacy provisions are complied with when using the services from Jetscale. This includes in particular the proper instruction of the customer’s website visitors about the usage of Jetscale.

(2) The customer releases Jetscale of any claims from third parties that arise through a culpable violation of data privacy rights of third parties by the customer.

10. Contract language

The languages available for the contract completion are German and English. If there are deviations in the contract regulations between the German and English edition, the German edition alone is decisive.

11. Change to the General Terms and Conditions

(1) Jetscale reserves the right to modify the General Terms and Conditions in justified cases. Jetscale will disclose the change to the General Terms and Conditions at least 8 days before coming into effect on their website https://www.jetscale.com.

(2) A short-term change to the General Terms and Conditions may only occur if errors are corrected, the change occurs in favor of the consumer or legal provisions require this.

12. Settling disputes, jurisdiction

(1) German law applies to all disputes in connection with these General Terms and Conditions. In the event of a dispute, the parties will attempt to come to an amicable agreement. If this is unsuccessful, the legal jurisdiction applies to legal disputes.

(2) The respectively valid German legal provisions – in particular the Civil Code (BGB) – apply for questions not regulated by these General Terms and Conditions.

13. Miscellaneous regulations

(1) Declarations and secondary agreements must be in writing to be legally effective. The parties acknowledge that delivery by email is sufficient to comply with text form.

(2) Complaints must be made in writing sent to the address Jetscale UG (limited liability), Tegeler Str. 23, 13353 Berlin, e-mail: [email protected].

(2) With the order, the customer confirms that they have read the General Terms and Conditions, understand the content without reservations and will comply with these without restrictions; furthermore, they acknowledge the data privacy regulations as well as agree with the management of their personal data that they provide when making a booking.

14. Validity of General Terms and Conditions

The regulations of these General Terms and Conditions come into effect on November 30, 2017 and apply until revocation or until the coming into effect of a change.

Um die AGB in deutscher Sprache zu lesen klicken sie bitte hier.