General Terms and Conditions

1. general

  1. The General Terms and Conditions of DATA Security GmbH (GTC) apply to all contracts concluded between DATA Security GmbH (DATA Security GmbH) and contractual partners (customers). The services offered by DATA Security GmbH are aimed exclusively at entrepreneurs. Entrepreneurs are all legal and natural persons or legally valid partnerships.
  2. Deviating terms and conditions of the customer shall only apply if they are expressly recognized in writing by DATA Security GmbH.
  3. These terms and conditions also apply to all future similar contracts and transactions between DATA Security GmbH and the customer.
  4. DATA Security GmbH has the right to amend these terms and conditions at any time or to supplement them with regulations for the use of additional services or functions of the products and services offered by DATA Security GmbH. Amendments and/or additions to the terms and conditions shall be sent to the customer by e-mail at least four weeks before they are scheduled to come into force. The customer's consent to the amendment/addition to the terms and conditions shall be deemed to have been given if the customer does not object to the amendment/addition in text form (e.g. e-mail, letter) to DATA Security GmbH within a period of four weeks.

2. performance and prices

  1. The scope of the products and services offered by DATA Security GmbH to the customer is based on the product and service description valid at the time the contract is concluded.
  2. DATA Security GmbH is entitled to change contractually agreed services insofar as this is reasonable for the customer. In particular, DATA Security GmbH has the right to change the services if legal and official requirements make a change necessary, if the state of the art changes or if there is a legitimate interest in changing the service.
  3. The prices for products and services are based on the prices valid at the time the contract is concluded, which are listed in the contract. All prices of DATA Security GmbH are net prices excluding VAT.
  4. DATA Security GmbH is entitled to adjust the prices for the contractually agreed services annually by an appropriate amount to compensate for increases in personnel and other costs. In the event of a price increase, the customer may terminate the service affected by the price increase in writing within 4 weeks of notification of the price increase when it comes into effect.

3. invoices, payments, invoice complaints, assignment of claims

  1. The customer agrees that DATA Security GmbH may send him invoices and any reminders electronically by e-mail to the e-mail address provided by the customer to DATA Security GmbH.
  2. The monthly flat rate shall be invoiced via a standing invoice, which shall remain valid until December 31 of the respective calendar year or until a new standing invoice is issued and sent.
  3. Payment of the standing invoice must be made by the 3rd of the respective month. All other invoices from DATA Security GmbH are due for payment without deduction within fourteen days of the invoice date. The customer shall be in default upon expiry of the above deadlines.
  4. The customer may pay the invoices by direct debit. The form for issuing a company direct debit can be requested by the customer at any time by e-mail.
  5. Complaints against the invoicing of DATA Security GmbH must be made in writing to DATA Security within a preclusive period of two weeks after receipt of the invoice, stating the reasons. The invoice shall be deemed to have been accepted if no complaint is made within the above period.
  6. The customer may only offset undisputed and legally established claims
  7. The assignment of claims of the customer against DATA Security GmbH to third parties is excluded and ineffective.

4. data protection and data security

  1. DATA Security GmbH undertakes to comply with the applicable data protection laws, in particular the General Data Protection Regulation (GDPR) and the Federal Data Protection Act (BDSG).
  2. Data is stored in certified data centers. DATA Security GmbH has concluded contracts with the operators of the data centers in accordance with Art. 28 GDPR. The transmission of data from and to the DS|GwG application takes place exclusively via encrypted connections. The data is protected by a firewall and checked daily for viruses.
  3. The customer itself is responsible for the legal requirements for storing data in the products of DATA Security GmbH, in particular whether the storage of the data is permitted under data protection law and/or professional law.
  4. The customer is responsible under data protection law within the meaning of Art. 4 No. 7 GDPR if it stores third-party data in DATA Security GmbH products and/or has it stored by third parties. DATA Security GmbH offers the customer the option of concluding a contract for order processing in accordance with Art. 28 GDPR and, if applicable, a confidentiality obligation for persons subject to professional secrecy.
  5. DATA Security GmbH undertakes to maintain the strictest secrecy about all confidential processes of which it becomes aware in the context of products of DATA Security GmbH, in particular trade and business secrets of the customer, and not to pass them on or exploit them in any other way.

5 Obligations of the customer

  1. The customer undertakes not to store any illegal content in the products of DATA Security GmbH that violates the law, official requirements or the rights of third parties or to send such content via products of DATA Security GmbH. In particular, the customer undertakes
    a) not to store any immoral or illegal content on DATA Security GmbH products or to distribute such content using DATA Security products;
    b) to observe the applicable youth protection regulations, in particular not to store or make accessible any pornographic writings or depictions (§ 184 StGB);
    c) not to store or make accessible any copyrighted content on DATA Security GmbH products without the necessary rights (in particular copyrighted pieces of music or third-party software);
    d) not to store or make accessible any propaganda material of unconstitutional associations (§ 86 StGB);
    e) to respect the privacy of others and therefore not to store or disseminate harassing, defamatory or threatening content under any circumstances;
    f) not to run any applications that could lead to the impairment or modification of DATA Security GmbH products (in particular denial-of-service attacks);
    g) not to make any attempt to gain unauthorized access to third-party data (in particular breaking into the system).
  2. The customer is obliged to obtain the consent of third parties who wish to use DATA Security GmbH products to the terms of use of DATA Security GmbH products before the first use of DATA Security GmbH products by third parties. DATA Security GmbH will provide the customer with terms of use for this purpose and incorporate these into the products of DATA Security GmbH via the "Terms of use" link, so that prior consent to the terms of use can be obtained from the user.
  3. The customer is obliged to take suitable precautions to prevent unauthorized access to the protected areas of DATA Security GmbH's products. In particular, he must keep the access data and his password secret and not make them accessible to unauthorized persons.
  4. The customer is obliged to check his data and information for viruses or other harmful components before entering them and to use state-of-the-art virus protection programs for this purpose. In addition, the customer is obliged to make backup copies of his data at regular intervals and to store them on his PC.
  5. The customer is obliged to regularly back up the documents and files stored in DATA Security GmbH products(DS|Datenschutz, DS|GwwG, DS|Verfahrensdoku, DS|Whistleblowing, DS|Compliance365) and to store the backup in a different storage location than the above-mentioned DATA Security GmbH products. DATA Security GmbH products are not an online backup solution. DATA Security GmbH is not liable for any damage resulting from data loss that occurs due to a breach of this obligation.
  6. The customer is solely responsible for implementing the measures and tasks in DATA Security GmbH products. This responsibility cannot be transferred to DATA Security GmbH.

6. rights of use to DATA Security products; third-party accounts; rights of use to stored content

  1. DATA Security GmbH grants the customer the non-exclusive right to use DATA Security GmbH products in accordance with the main contract for the duration of the contract as intended.
  2. The customer is entitled to make DATA Security GmbH products (main contract) available for use by third parties (employees, service providers) within the scope of third-party accounts, either for a fee or free of charge.
  3. The data and files stored by the customer or third parties in DATA Security GmbH products(DS|Datenschutz, DS|GwwG, DS|Verfahrensdoku, DS|Whistleblowing, DS|Compliance365) may be protected by copyright. The client hereby grants DATA Security GmbH the right to make these files accessible via the Internet in the event of queries and, in particular, to reproduce and transmit them for this purpose. In any case, the customer remains the sole owner of the data and can therefore export all data at any time, especially after termination of DATA Security GmbH products.
  4. Interruption / impairment of accessibility
  5. Adjustments, changes and additions to the contractual product of DATA Security GmbH as well as measures that serve to identify and rectify malfunctions will only lead to a temporary interruption or impairment of accessibility if this is absolutely necessary for technical reasons.
  6. Technical faults and infrastructure updates may result in DATA Security GmbH products being temporarily unavailable. An annual average availability of 99% is guaranteed.

7 Defects and liability

  1. DATA Security GmbH shall eliminate all software errors immediately in accordance with the technical possibilities. An error exists if the specified functions according to the main contract are not fulfilled and the use of the DATA Security GmbH product is therefore impossible or restricted.
  2. The customer is obliged to indemnify DATA Security GmbH against all claims based on the data stored by it and other breaches of duty (see §5) and to reimburse it for the costs it incurs due to possible breaches of law. This also applies if the damage is caused by others, insofar as this is attributable to the customer. In particular, the damage to be compensated also includes the reasonable costs of legal defense incurred by DATA Security GmbH.
  3. DATA Security GmbH shall only be liable in the event of intent, gross negligence and the negligent breach of material contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the contractual partner may regularly rely (so-called cardinal obligation).
  4. In the event of simple negligence, the liability of DATA Security GmbH is limited to the foreseeable damage typical of the contract for each case of damage. This does not apply to damages resulting from injury to life, limb or health.
  5. DATA Security GmbH owes the care customary in the industry. In determining whether DATA Security is at fault, the parties agree that software products cannot be created without technical errors.
  6. The provisions of paragraphs (3) - (5) also apply in favor of the vicarious agents of DATA Security GmbH.
  7. Claims by the customer shall become time-barred within 6 months. The statutory limitation periods apply to claims arising from an intentional or grossly negligent act by DATA Security GmbH, its legal representatives or vicarious agents or from injury to life, limb or health.
  8. The liability of DATA Security GmbH is limited as agreed with the customer. The amount of liability may be increased by an additional payment by the customer.
  9. DATA Security is obliged to maintain appropriate liability insurance and to present it to the customer at any time upon written request.

8. place of jurisdiction; applicable law; severability clause

The European Commission provides a platform for online dispute resolution (OS), which you can find at https://ec.europa.eu/consumers/odr. We are not obliged or willing to participate in a dispute resolution procedure before a consumer arbitration board.

9. alternative dispute resolution pursuant to Art. 14 para. 1 ODR-VO and § 36 VSBG:

  1. The exclusive place of jurisdiction for all legal disputes is Rosenheim.
  2. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
  3. Should individual provisions of these terms and conditions prove to be invalid or ineffective, this shall not affect the validity and effectiveness of the remaining provisions.
  4. DATA Security GmbH's data protection information and information in accordance with Art. 13 and 14 GDPR can be viewed athttps://data-security.one/datenschutzhinweise/