Terms of Use

August 6, 2018

General Terms and Conditions of Bitkom

(GTC Bitkom, version 2.1)

1. Remuneration, Payment, Performance Protection, Deadlines

1.1  Unless otherwise agreed, remuneration shall be calculated on a time and material basis at the Supplier's generally applicable prices at the time of conclusion of the contract. Remuneration is generally net prices plus statutory value-added tax.

The provider can invoice monthly. If services are remunerated at cost, the provider documents the type and duration of the activities and transmits this documentation with the invoice.

1.2  All invoices are to be paid at the latest 14 calendar days after receipt free paying agent without deduction.

1.3  The customer can only offset or withhold payments due to defects if he is actually entitled to payment claims due to material defects or defects in title of the service. Due to other claims for defects, the customer may only withhold a proportionate part of payments, taking the defect into account. Section 4.1 applies accordingly. The customer has no right of retention if his claim for defects has lapsed. Apart from such matter, the customer can only offset or exercise a retention with undisputed or legally established claims.

1.4  The provider retains title and rights to the services to be granted until full payment of the remuneration owed has been made; justified retentions for defects in accordance with section 1.3. sentence 2 will be considered. Furthermore, the provider retains ownership until all his claims from the business relationship with the customer have been fulfilled.

The provider is entitled to prohibit the customer from continuing to use the services for the duration of a delay in payment. The provider can only grant this right for a reasonable period of time, as a rule for a maximum of 6 months. This does not constitute a withdrawal from the contract. 449 para. 2 BGB remains unaffected.

If the customer or his customers return the services, the acceptance of the services does not constitute a withdrawal of the provider, unless he has expressly declared the withdrawal. The same applies to the seizure of the reserved goods or of rights to the reserved goods by the supplier. The customer may neither pledge nor assign as security any objects subject to retention of title or retention of title. The customer is only permitted to resell the goods in the normal course of business as a reseller under the condition that the customer has effectively assigned to the supplier his claims against his customers in connection with the resale and the customer transfers ownership to his customer subject to payment. By concluding this contract, the customer assigns his future claims against his customers in connection with such sales by way of security to the provider, who hereby accepts this assignment.

If the value of the security interests of the provider exceeds the amount of the secured claims by more than 20 %, the provider will release a corresponding share of the security rights at the customer's request.

1.5  The customer is obliged to impose the contractually agreed restrictions on the recipient in the event of a permissible transfer of rights of use to deliveries and services.

1.6  If the customer does not settle a due claim on the contractual payment date in whole or in part, the provider can revoke agreed payment terms for all claims. Furthermore, the provider is entitled to make further services only against prepayment or against security by a performance guarantee from a credit institution or credit insurer licensed in the European Union. The advance payment must include the respective accounting period or - in the case of one-time services - their remuneration.

1.7  In the event of the customer's economic inability to fulfil his obligations towards the provider, the provider may terminate existing exchange contracts with the customer without notice by withdrawal, continuing obligations by termination, even if the customer files for insolvency. 321 BGB and § 112 InsO remain unaffected. The customer shall inform the provider in writing in good time of any imminent insolvency.

1.8  Fixed performance dates shall only be expressly agreed in documented form. The agreement of a fixed performance date is subject to the proviso that the supplier receives the services of his respective sub-suppliers on time and in accordance with the contract.

2. Cooperation, Duty of Cooperation, Confidentiality

2.1 The Customer and supplier each name a responsible contact person. Unless otherwise agreed, communication between the customer and the provider shall take place via these contact persons. The contact persons shall bring about all decisions relating to the implementation of the contract without delay. The decisions must be documented in a binding manner.

2.2  The customer is obliged to support the supplier as far as necessary and to create all conditions necessary for the proper execution of the order in his sphere of operation. In particular, he will provide the necessary information and, if possible, enable remote access to the customer's system. If remote access is not possible for security reasons or other reasons, deadlines affected by this shall be extended appropriately; the contracting parties shall agree on an appropriate arrangement for further effects. Furthermore, the customer shall ensure that expert personnel are available to support the provider.

Insofar as it is agreed in the contract that services can be provided on site at the customer's premises, the customer shall provide sufficient workstations and work equipment free of charge at the provider's request.

2.3  Unless otherwise agreed, the customer shall ensure that data and components (such as hardware and software) are properly backed up and fail-safe and of an appropriate type and significance.

2.4  The customer must immediately report defects in writing in a comprehensible and detailed form, stating all information relevant for defect detection and analysis. In particular, the work steps that led to the occurrence of the defect, the form of appearance and the effects of the defect must be specified. Unless otherwise agreed, the corresponding forms and procedures of the provider will be used for this purpose.

2.5  The customer will adequately support the provider on request in checking and asserting claims against other parties involved in connection with the provision of services. This applies in particular to recourse claims of the supplier against sub-suppliers.

2.6  The contracting parties are obliged to maintain confidentiality regarding business and trade secrets as well as other information designated as confidential which becomes known in connection with the execution of the contract. Such information may only be passed on to persons who are not involved in the conclusion, execution or settlement of the contract with the written consent of the other contractual partner. Unless otherwise agreed, this obligation ends five years after the respective information becomes known, but not before its termination in the case of continuing obligations.

The contracting parties shall also impose these obligations on their employees and any third parties employed.

2.7  The contracting parties are aware that electronic and unencrypted communication (e.g. by e-mail) involves security risks. In this type of communication, they will therefore not assert any claims based on the absence of encryption, unless encryption has been agreed beforehand.

3. Disruptions in the Provision of Services

3.1  If a cause for which the provider is not responsible, including strikes or lockouts, impairs adherence to deadlines ("disruption"), the deadlines are postponed by the duration of the disruption, if necessary, including an appropriate restart phase. A contracting party shall inform the other contracting party immediately of the cause of a malfunction occurring in its area and the duration of the postponement.

3.2  If the expenditure increases due to a disturbance, the supplier can also demand the remuneration of the additional expenditure, unless the customer is not responsible for the disturbance and its cause lies outside his area of responsibility.

3.3  If the customer can withdraw from the contract due to improper performance by the provider and / or claim damages instead of performance or claim such, the customer will declare in writing at the provider's request within a reasonable period of time whether he asserts these rights or wishes to continue to provide the service. In the event of withdrawal, the customer must reimburse the provider for the value of previously existing usage options; the same applies to deterioration due to intended use.

If the provider is in default with the provision of services, the customer's compensation for damages and expenses is limited to 0.5% of the price for that part of the contractual service which cannot be used due to the delay for each completed week of the delay. The liability for delay is limited to a maximum total of 5% of the remuneration for all contractual services affected by the delay; in the case of continuing obligations, this is related to the remuneration for the services affected in each case for the entire calendar year. In addition, and as a matter of priority, a percentage of the remuneration agreed upon conclusion of the contract shall apply. This does not apply if the delay is due to gross negligence or intent on the part of the provider.

3.4  In the event of a delay in performance, the customer shall only have a right of withdrawal within the framework of the statutory provisions if the delay is the responsibility of the provider. If the customer claims damages or reimbursement of expenses instead of performance due to the delay, he is entitled to demand 1% of the price for that part of the contractual performance which cannot be used due to the delay for each completed week of the delay, however, a maximum of 10% of this price in total; in the case of continuing obligations in relation to the remuneration for the respective services concerned for the entire calendar year. In addition, and as a matter of priority, a percentage of the remuneration agreed upon conclusion of the contract shall apply.

4. Material Defects and Reimbursement of Expenses

4.1  The provider warrants the contractually owed quality of the services. For an only insignificant deviation of the services of the supplier from the contractual quality there are no claims due to material defects.

Claims for defects shall also not exist in the event of excessive or improper use, natural wear and tear, failure of components of the system environment, non-reproducible or otherwise verifiable software errors by the customer or in the event of damage caused by particular external influences which are not assumed under the contract. This also applies in the event of subsequent modification or repair by the customer or third parties, unless this does not complicate the analysis and elimination of a material defect.

Clause 6 shall apply additionally to claims for damages and reimbursement of expenses.

4.2  The limitation period for claims for material defects is one year from the beginning of the statutory limitation period. The statutory periods for recourse according to § 478 BGB remain unaffected. The same applies insofar as longer periods are prescribed by law according to § 438 para. 1 No. 2 or § 634a para. 1 No. 2 BGB, in case of intentional or grossly negligent breach of duty by the provider, in case of fraudulent concealment of a defect as well as in cases of injury to life, body or health as well as for claims arising from the Product Liability Act.

The processing of a notification of material defects by the customer by the provider shall only lead to a suspension of the limitation period, insofar as the statutory requirements for this are met. This shall not result in a new start of the limitation period.

Subsequent performance (new delivery or rectification) can only have an influence on the limitation period of the defect triggering the subsequent performance.

4.3  The provider can demand reimbursement of his expenses if

  1. a) he acts on the basis of a report without a defect being present, unless the customer was unable to recognize with reasonable effort that no defect was present, or
  2. b) a reported malfunction is not reproducible or otherwise demonstrable by the customer as a defect, or
  3. c) additional expenses arise due to improper fulfilment of the customer's obligations (see also Sections 2.2, 2.3, 2.4 and 5.2).

5. Defects of Title

5.1  The provider is only liable for infringements of rights of third parties through his performance if the performance is used in accordance with the contract and in particular in the contractually agreed, otherwise unchanged in the intended environment of use.

The provider is liable for violations of third party rights only within the European Union and the European Economic Area and at the place of contractual use of the service. Section 4.1 sentence 1 applies accordingly.

5.2  If a third party asserts to the customer that a service of the provider violates his rights, the customer immediately informs the provider. The supplier and, if applicable, his sub-suppliers are entitled, but not obliged, to defend the asserted claims at their own expense as far as permissible.

The customer is not entitled to acknowledge claims of third parties before he has given the provider reasonable opportunity to defend the rights of third parties in another way.

5.3  If rights of third parties are infringed by a service provided by the provider, the provider shall, at his own discretion and expense

  1. a) provide the customer with the right to use the service or
  2. b) make the service unlawful or
  3. c) take back the service with reimbursement of the remuneration paid by the customer (less an appropriate compensation for use), if the provider cannot achieve any other remedy with reasonable effort.

The interests of the customer are taken into due consideration.

5.4  Claims of the customer due to defects of title shall become statute-barred in accordance with Section 4.2. Section 6 shall apply additionally to claims for damages and reimbursement of expenses of the customer, Section 4.3 shall apply accordingly to additional expenses of the provider.

6. General Liability of the Provider

6.1 The provider is always liable to the customer

  1. a) for damages caused by him or his legal representatives or vicarious agents intentionally or through gross negligence,
  2. b) according to the Product Liability Act and
  3. c) for damages resulting from injury to life, body or health for which the provider, his legal representatives or vicarious agents are responsible.

6.2  The provider is not liable for slight negligence, unless he has violated an essential contractual obligation, the fulfilment of which is essential for the proper execution of the contract or the violation of which endangers the achievement of the purpose of the contract and on whose compliance the customer may regularly rely.

In the case of material damage and pecuniary loss, this liability is limited to the foreseeable damage typical for the contract. This also applies to loss of profit and lack of savings. Liability for any other consequential damage removed is excluded.

For an individual case of damage, liability is limited to the contract value, for current remuneration to the amount of the remuneration per contract year, but not to less than € 50,000. 4.2 applies accordingly for the statute of limitations. The contracting parties may agree in writing on conclusion of the contract on further liability, usually against separate remuneration. Priority is given to an individually agreed liability amount. The liability according to clause 6.1 remains unaffected by this paragraph.

In addition, and as a matter of priority, the liability of the provider for damages and reimbursement of expenses due to slight negligence under the respective contract and its performance - irrespective of the legal basis - is limited in total to the percentage of the remuneration agreed upon conclusion of the contract. Liability pursuant to Section 6.1 b) remains unaffected by this paragraph.

6.3  From a guarantee declaration the supplier is only liable for damages if this has been expressly accepted in the guarantee. In the case of slight negligence, this liability shall be subject to the restrictions set out in Section 6.2.

6.4  If data or components (such as hardware or software) need to be restored, the Supplier shall only be liable for the expenditure required for the restoration in the event of proper data backup and failure prevention by the Customer. In the event of slight negligence on the part of the provider, this liability shall only apply if the customer has carried out a data backup and precautionary measures appropriate to the type of data and components prior to the incident. This does not apply if this has been agreed as a service of the provider.

6.5  Sections 6.1 to 6.4 apply accordingly to claims for reimbursement of expenses and other liability claims of the customer against the provider. Sections 3.3 and 3.4 remain unaffected.

 

7. Data Protection

The customer will conclude agreements with the provider that are necessary under data protection law for the handling of personal data.

8. Miscellaneous

8.1  The customer shall observe the import and export regulations to be applied to the deliveries or services on his own responsibility, in particular those of the USA. In the case of cross-border deliveries or services, the customer shall bear any customs duties, fees and other charges incurred. The customer will handle legal or official procedures in connection with cross-border deliveries or services on his own responsibility, unless otherwise expressly agreed.

8.2  German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

8.3  The provider provides his services on the basis of his General Terms and Conditions (GTC). GTC of the customer do not apply, even if the provider has not expressly contradicted such.

Acceptance of the services by the customer shall be deemed acceptance of the provider's general terms and conditions, waiving the customer's general terms and conditions.

Other conditions are only binding if the provider has accepted them in writing; in addition, the general terms and conditions of the provider apply.

8.4  Amendments and supplements to this contract shall only be agreed in writing. Insofar as written form has been agreed (e.g. for notices of termination, withdrawal), written form is not sufficient.

8.5  The place of jurisdiction vis-à-vis a merchant, a legal entity under public law or a special fund under public law is the registered office of the provider. The provider can also sue the customer at his registered office.

 

Bitkom's Terms and Conditions for the use of software via the Internet (Software as a Service)

-SaaS Bitkom-

 (SaaS Bitkom, version 2.1)

1. Services

1.1  The provider provides the contractual services, in particular access to the software, within his area of control (from the computer centre interface to the Internet). The scope of services, the quality, the intended use and the conditions of use of the contractual services result from the respective service description, in addition from the operating instructions for the software.

1.2  Additional services, such as the development of customer-specific solutions or necessary adjustments, require a separate contract.

1.3  The Provider may provide updated versions of the Software. The provider will inform the customer about updated versions and corresponding usage notices on electronically and make them available accordingly.

2. Scope of use

2.1  The contractual services may only be used by the customer and only for the purposes agreed in the contract The customer may access the contractual services via telecommunications (via the Internet) during the term of the contract and use the functionalities connected with the software by means of a browser or another suitable application (e.g. "app") in accordance with the contract.

2.2  In particular, the customer may not make use of the software beyond the agreed scope of use or have it used by third parties or make it accessible to third parties; in particular, the customer is not permitted to copy, sell or temporarily transfer, rent or lend software or parts thereof.

2.3  The provider is entitled to take appropriate technical measures to protect against non-contractual use, which may not impair the contractual use of the services to a greater or lesser extent.

2.4  In the event of a user exceeding the scope of use in violation of the contract or in the event of unauthorized transfer of use, the customer must immediately provide the provider on request with all information available to him for asserting claims due to use in violation of the contract, in particular the name and address of the user.

2.5  The provider can revoke the access authorization of the customer and / or terminate the contract if the customer significantly exceeds the permitted use or violates regulations for protection against unauthorized use. In connection with this, the provider can interrupt or block access to the contractual services. In principle, the provider must grant the customer a reasonable period of grace in advance to remedy the situation. The sole revocation of the access authorization shall not also be deemed termination of the contract. The provider can only maintain the revocation of the access authorization without notice for an appropriate period of time, maximum 3 months.

2.6  The Supplier's claim to compensation for use beyond the agreed use remains unaffected.

2.7  The customer has a claim to the restoration of the access authorization and the access possibility after he has proven that he has stopped the use contrary to the contract and prevented a future use contrary to the contract.

3. Availability, Deficiencies in Performance

3.1  The availability of the services provided results from the service description.

3.2  In the event of only an insignificant reduction in the suitability of the services for contractual use, the customer shall have no claims for defects. The liability of the supplier for defects which were already present at the time the contract was concluded, irrespective of fault, is excluded.

4. Data Protection

4.1  As far as the provider can access personal data of the customer or from his area, he will only act as a processor and process and use this data only for the execution of the contract. The provider will observe the customer's instructions for the handling of this data. The customer shall bear any negative consequences of such instructions for the execution of the contract. The customer will agree with the provider the details for the handling of the provider with the customer's data according to the data protection requirements.

4.2  The customer remains the responsible party both generally in the contractual relationship and in the sense of data protection law. If the customer processes personal data (including collection and use) in connection with the contract, he is responsible for ensuring that he is entitled to do so in accordance with the applicable, in particular data protection regulations and indemnifies the provider against third-party claims in the event of a violation.

4.3  The following applies to the relationship between provider and customer: The customer is responsible to the data subject for the processing (including collection and use) of personal data, unless the provider is responsible for any claims of the data subject due to a breach of duty attributable to him. The customer shall be responsible for checking, processing and responding to any inquiries, requests and claims of the person concerned. This also applies in the event of a claim against the provider by the person concerned. The provider will support the customer within the scope of his duties.

4.4  When using the Cookie Notice pop-up settings for countries outside the EU, the Customer shall be liable in the event of non-compliance with the EU DSGVO by activating this same pop-up setting within the EU.

4.5  The provider guarantees that customer data will only be stored in the territory of the Federal Republic of Germany, in a member state of the European Union or in another state party to the Agreement on the European Economic Area, unless otherwise agreed.

5. Obligations of the Customer

5.1  The customer must protect the access authorizations and identification and authentication information assigned to him or the users from access by third parties and not pass them on to unauthorized parties.

5.2  The customer is obliged to indemnify the provider from all claims of third parties on the basis of legal infringements which are based on an unlawful use of the service object by him or take place with his approval. If the customer recognizes or must recognize that such a violation threatens, the obligation exists to inform the provider immediately.

5.3  The customer has to use possibilities provided by the provider to secure his data in his original area of responsibility.

6. User Contents

The Supplier does not support any goods, services, products, promotions or offers ("User Content") provided, distributed, submitted or advertised through the Software or used with the Software.

7. Acceptable Use (Permitted Use and Restriction of Use of the Software)

The vendor maintains a high level of professionalism and accordingly your license from the vendor to use the software is subject to the following restrictions and limitations:

7.1  The Software may not be used in conjunction with User Content that in any way involves any of the following actions: false or misleading business opportunities, fraud or pyramid schemes; health claims classified by a regulator as false or misleading; illegal activities; sale of drugs or medicines; sale of illegal products or services; pornography or sexually explicit content; Content that promotes or depicts human trafficking, child abuse, animal abuse, or that trivializes the abuse of alcohol, drugs, or other substances, or that graphically promotes causeless violence or injuries, blows, injuries, attacks, or humiliations; and / or content that is unnecessarily shocking to the senses, grossly blatant or that attacks, represents or promotes accidents, death, hate speech that attacks or degrades a group based on race, ethnic origin, religion, disability, gender, age and the like. Any use of the software in connection with predatory conduct, including violation of privacy directed at other persons, especially children, is not permitted and will not be tolerated;

7.2  The Provider reserves the right to reject or remove User Content without prior notice if it violates this section, the "Permitted Use and Restriction of Use of the Software" or otherwise violates this Agreement at the discretion of the Provider. The Provider also reserves the right to delete any or all of your data (including your User Content) without prior notice, upon expiration, expiration or termination of your license;

7.3  Your use of the Software must comply with all applicable laws and regulations, including but not limited to local, national and international laws and regulations relating to:

  1. a) the sending or dissemination of unsolicited commercial e-mails;

(b) online transactions relating to homework or other "business opportunities";

(c) false or misleading advertising;

(d) the intellectual property and personal rights of others; and

(e) the use of malicious code, spyware, malware, Trojan horses and the like; and

7.4  You also agree to comply with the Provider's security procedures including password guidelines, not to circumvent any security or access regulations or procedures established by the Provider or to implement alternative accesses or to use back doors to the Software and to inform the Provider immediately of any security problems that you discover or become aware of.

8. Intellectual Property Rights

8.1  You are solely responsible for your own Content and the consequences of creating, copying, submitting, storing, distributing, publishing, selling or offering User Content through the Software. You agree, acknowledge, affirm and warrant that you have all licenses, rights, consents or permissions required for all User Content that you copy, use, distribute or transmit, in whole or in part, through the Software;

You retain all your ownership rights to your User Content.

8.2  You agree, acknowledge, represent and warrant that any Content that you copy, use, distribute or transmit through the Software does not contain any copyrighted material or material that is the property of a third party, unless you have obtained the permission of the rightful owner of the material or otherwise have the legal right to copy, use, distribute or transmit such content with the Software and to grant the Provider any license rights granted herein.

8.3  The Provider will never use the license for your User Content for any other purpose than to enable the functionality of the Software. The provider will always obtain your permission if your user content is to be used for advertising purposes in a nominal / unintentional manner.

9. Use in Breach of Contract (Non-Contractual Use), Damages

9.1  For each case in which a contractual service is claimed without justification in the area of responsibility of the customer, the customer must pay compensation in the amount of the remuneration which would have accrued for the contractual use within the scope of the minimum contractual period applicable to this service. The customer reserves the right to prove that the customer is not responsible for the unauthorized use or that there is no or significantly less damage. The provider remains entitled to claim further damages.

9.2  You agree to indemnify and hold harmless the Provider, its officers, employees and agents from and against all claims, damages, obligations, losses, liabilities, costs or expenses (including but not limited to costs and attorneys' fees) arising from:

  1. a) your use of the Perspective Software;
  2. b) your breach of any condition of this Agreement;
  3. c) your violation of the rights of third parties, including but not limited to copyrights or other proprietary or data protection rights; or
  4. d) any claim that any User Content that you have directly or indirectly offered, created, copied, distributed or promoted with the Software has caused damage to any third party. This obligation to defend and indemnify shall continue after termination of this Agreement and shall also apply if you cease to use the Software.

10. Incident/Fault Management

10.1  The provider will receive fault reports from the customer, assign them to the agreed fault categories (section 7.3) and use this assignment to carry out the agreed measures for the analysis and rectification of faults.

10.2  The provider will accept proper fault reports from the customer during his usual business hours and provide each with an identification. At the customer's request, the provider confirms receipt of a fault message with notification of the assigned identification.

10.3  Unless otherwise agreed, the provider will assign received fault reports to one of the following categories after first inspection:

(a) Serious disturbance

The disruption is based on an error in the contractual services, which makes the use of the contractual services, in particular the software, impossible or only with serious restrictions. The customer cannot reasonably avoid this problem and therefore cannot perform tasks that cannot be postponed.

(b) Other disturbance

The disruption is based on an error in the contractual services, which restricts the use of the contractual services, in particular the software, by the customer more than insignificantly, without there being a serious disruption.

(c) Other notification

Malfunction reports that do not fall into categories a) and b) are assigned to other reports. Other reports will only be treated by the provider according to the agreements made for this purpose.

10.4  In the event of reports of serious malfunctions and other malfunctions, the provider will immediately take appropriate measures on the basis of the circumstances notified by the customer in order to first locate the cause of the malfunction.

If, after initial analysis, the notified malfunction does not present itself as an error in the contractual services, in particular in the software provided, the provider shall inform the customer thereof without delay.

Otherwise, the provider will take appropriate measures for further analysis and correction of the notified malfunction or - in the case of third-party software - transmit the malfunction report together with its analysis results to the distributor or manufacturer of the third-party software with the request for remedy.

 

The provider will immediately provide the customer with available measures for circumventing or correcting an error in the contractual services, in particular the provided software, such as instructions for action or corrections of the provided software. The customer shall immediately take such measures to circumvent or rectify faults and shall immediately report any remaining faults to the provider again when they are used.

11. Contact Office | Hotline

11.1  Contractual services

The provider sets up a contact point for the customer. This unit processes the customer's enquiries in connection with the technical requirements and conditions for use of the software provided as well as individual functional aspects.

11.2  Acceptance and processing of inquiries

A prerequisite for the acceptance and processing of inquiries is that the customer appoints qualified personnel to the provider who are internally commissioned by the customer to process inquiries from the users of the provided software. The customer is obliged to make inquiries to the hotline only via this personnel named to the provider and to use forms provided by the provider. The hotline accepts such inquiries by e-mail and chat during the usual business hours of the provider.

The hotline will process proper inquiries in the normal course of business and answer them as far as possible. The hotline can refer to documentation and other training materials available to the customer for answering the software provided. If an answer by the hotline is not possible or not possible in a timely manner, the provider will - insofar as this has been expressly agreed - forward the request for processing, in particular requests for software not produced by him.

Further services of the hotline, such as other response times and deadlines as well as on-call duty or on-site visits of the provider to the customer must be expressly agreed in advance.

12. Term and Termination of Contract

12.1  The contractually agreed services shall be provided from the date specified in the contract, initially for the duration of the term agreed in the contract. During this minimum term, premature ordinary termination by both parties is excluded.

12.2  The annual contract can be terminated with a notice period of two weeks, at the earliest at the end of the minimum term. If this does not happen, the contract is extended for another year in each case, unless it has been terminated by giving two weeks' notice to the end of the respective extension period.

The monthly contract can be terminated up to the last day of the term at the latest. If this does not happen, the contract is extended for another month in each case, unless it has been terminated at the end of the respective extension period.

12.3  The right of each contractual partner to extraordinary termination for good cause remains unaffected.

12.4  Any notice of termination must be in writing in order to be effective. Subclause 8.4 AV Bitkom applies.

12.5  The customer shall be responsible for saving his data in good time before termination of the contract (e.g. by downloading). On request, the provider will support the customer, paragraph 4.3 AV Bitkom applies. For reasons of data protection law, the customer will no longer have access to this data after termination of the contract.

13. Remuneration

A monthly fee agreed in the contract will be charged for the SaaS services. The fees incurred will be invoiced in advance over a period of time.

14. Terms of Payment

Payments are made by credit card clearing or PayPal. If the payment deadline is exceeded, services may be restricted in the event of default.

The customer is not entitled to set off claims against Perspective, unless they are legally established claims or claims accepted in writing by Perspective.

15. Validity of the GTC Bitkom

In addition, the General Terms and Conditions of Bitkom (GTC Bitkom) shall apply.

 

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