Standard Terms and Conditions for
the JonDonym Service
IT Consulting Pimenidis
hereafter referred to as the “Operator”.
§1 Scope and Subject terms
- 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
- The Operator expressly rejects the inclusion of any and all
Standard Terms and Conditions of the Customer, unless the Operator
has, pursuant to sec. 126 of the German Civil Code
(“BGB”), 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.
- 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
§2 Operator Benefits
- 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.
- The billing happens by the Customer transmitting and confirming
virtual data volume according to the respective current and actual
- 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
- 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
- The Customer is obliged not to violate applicable law in his
country by using the Mix servers of the Operator.
- 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
- The Contract is concluded sine die by using a Mix Cascade which
contains at least one Mix of the Operator.
- The Customer may terminate the Contract at any time with
- 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.
- 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
- 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.
- On each connection to a Cascade, the Operator is entitled to
settle 3 MByte from the user's settlement account as a flat
- The Operator disclaims all guarantees related to service,
products and software.
- The Operator is liable for any damages adequate causally caused
by gross negligence or wilful misconduct of his own, his legal
representatives, employees or agents.
- In case of damages caused by ordinary negligence, the Operator
is only liable, if a fundamental contract obligation (cardinal
obligation) has been breached. Cardinal obligations are duties of
central importance for the Contract in a way that a violation of
those deprives the other party of what he is entitled to expect
under the Contract. In such cases of ordinary negligence the
Operator’s liability amount is limited to the damage that
could have been reasonably foreseen by the Operator at the time of
conclusion of the Contract.
- Notwithstanding anything to the contrary contained in this
Contract any liability of the Operator for damages which affect
injury to life body or health, the breach of cardinal obligations
caused by the Operator or one of his legal representatives,
employees or agents, or duties of which the Operator has no control
of, warranted characteristics or damages under the German Product
Liability Act (“ProdHaftG”) shall remain unaffected
- 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.
- 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
- 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.
- The Contract between the Operator and the Customer shall be
governed, construed and interpreted in accordance with the laws of
the Federal Republic of Germany. The regulations of the United
Nations convention on contracts for the sale of movable goods
(CISG) shall be expressly excluded.
§9 Notice of Cancellation
- 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
IT Consulting Pimenidis
- 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.
- 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. Sec. 139 BGB is
Cologne, 15th Feb 2013