Liabilities and Indemnification


CEG has applied limitations of liability.


The Operator commits, any existing indemnifications notwithstanding, to hold harmless and fully indemnify CEG against any costs, claims, damages, penalties and regulatory Infringements including however not limited to infringements of Intellectual Property Rights (“IPRs”) of Third Parties. This includes any liabilities in connection with any agreements that already exist with Third parties prior to any agreement with CEG. The Operator shall also hold harmless and shall fully indemnify any legal entities as well as natural individuals that are acting, directly or indirectly, in an official capacity on behalf of CEG. The Operator shall provide full and immediate adequate compensation for any foreseeable cost, disbursement, legal fees, investigation fee, bailiff fees, court fees or other related fees, loss of income, damage or otherwise. CEG shall never be held liable by the Operator for any affairs regarding the rendering of any B2C services by the Operator. CEG can never be held liable for any shortcomings that have already existed prior to the undersigning of the Agreement. Notwithstanding other conditions stated in this section, liability of CEG shall never exceed the amount of fifty thousand Euro and can potentially only exist in the event of gross negligence committed by CEG.

Mandatory notification

The Operator has the obligation to direct a notification in writing of any shortcomings in the fulfilment of its duties of CEG within a statutory time limit of one (1) year after such shortcomings have been or could be reasonably noted by the notifying Party. Failure to do so will forfeit any claims against CEG.

CEG may intervene on behalf of the Operator, if the situation demands it

CEG shall, without accepting any additional liability, at all times be allowed to correct, amend and upkeep any tasks it deems necessary that have been left unfulfilled or have not been timely attended to. In such an event, CEG may contract any Third Party on behalf of the Operator to do so. The additional efforts of CEG as well as contracted Third Parties shall at all times be billable to the Operator.