General terms and conditions

of &Data Compliance GmbH, represented by the Managing Director Hans-Chr. Widegreen, Wrangelstraße 5, 10997 Berlin, Tel. 030-809 502 817, e-mail: info@anddata.de (hereinafter "We").

§ 1 Scope, Form

(1) These General Terms and Conditions (GTC) apply to all our business relationships with our customers. The GTC apply to entrepreneurs (§ 14 BGB), a legal entity under public law or a special fund under public law. Our offers are not directed at consumers (§ 13 BGB). It is not possible for consumers to conclude a contract.

(2) Unless otherwise agreed, the GTC in the version valid at the time of the customer's order shall also apply as a framework agreement for similar future contracts without our having to refer to them again in each individual case.

(3) Our GTC apply exclusively. Deviating, conflicting or supplementary general terms and conditions of the customer shall only become part of the contract if and to the extent that we have expressly agreed to their validity. This requirement of consent shall apply in any case, for example even if we perform our service without reservation in the knowledge of the customer's GTC.

(4) Individual agreements made with the customer in individual cases (including ancillary agreements, supplements and amendments) shall in all cases take precedence over these GTC. Subject to proof to the contrary, a written contract or our written confirmation shall be authoritative for the content of such agreements.

(5) Legally relevant declarations and notifications by the customer withregard to the contract (e.g. a termination) must be made in writing, i.e. in written or text form (e.g. letter, e-mail, fax).

§ 2 Subject matter of the contract

(1) The subject of the contract is the provision of online training ("Service") against payment. The essential service components are a digital training and an administration console for the administration of users and their participation in the respective training, which is also provided online. A detailed description of the scope of functions can be found on our websites.

(2) Adjustments or changes to the service are only owed insofar as this has been expressly agreed between the parties. The same applies to consulting services.

§ 3 Conclusion of contract

(1) Our offers are subject to change and non-binding. This also applies if we have provided the customer with product descriptions or documents.

(2) The customer's order shall be deemed a binding offer of contract. Unless otherwise stated in the order, we are entitled to accept this contractual offer within 14 days of its receipt by us.

(3) Acceptance can be declared either in writing (e.g. by means of an order confirmation) or by providing our service.

§ 4 Rights of use and participation

(1) Upon conclusion of the contract, we grant the customer the simple, geographically unrestricted and non-transferable right to use the service provided in accordance with the provisions of this contract and the specific order (purpose and content of the training, number of participants, etc.) for the training of its employees or the employees of its customers. Any use beyond this requires our prior consent. This applies in particular to the reproduction, distribution or sublicensing of the service.

(2) The training licences purchased by the Customer to enable Participants to access the Service shall have a term of one (1) year. Upon expiry of the term, the licences shall expire.

(3) Insofar as the customer makes content available to us, it shall guarantee freedom from third-party rights and procure the necessary rights of use for us.

(4) The customer must take suitable precautions to protect the service from unauthorised access by third parties. For example, passwords must be kept secure and any suspicion of unauthorised access must be reported to us immediately.

(5) The customer is obliged to provide the access requirements for the online training (internet connection, end devices, browser, etc.) on his own responsibility.

§ 5 Remedying defects and further development

(1) The customer is obliged to report defects in the service without delay. In doing so, he shall take into account our instructions for analysing the problem within the scope of what is reasonable for him and forward to us all information available to him which is necessary for the elimination of the defect.

(2) We are obliged to remedy defects in the service provided and are obliged to further develop the service at our own discretion. Defects shall be remedied at our discretion by repair or replacement free of charge.

(3) Termination by the customer due to non-granting of contractual use is only permissible if we have been given sufficient opportunity to remedy the defect and this has failed. The rectification of defects shall only be deemed to have failed if it is impossible, if we refuse to rectify the defect or if it is unreasonably delayed, if there are reasonable doubts as to the prospects of success or if it is unreasonable for the customer for other reasons.

(4) The customer's rights due to defects are excluded insofar as the customer makes changes to the service or has changes made to the service without our consent, unless the customer proves that the changes do not have any effects on the analysis and elimination of the defects that are unreasonable for us.

(5) The customer is obliged to support us in the determination and elimination of defects as well as further development.

(6) We will always ensure the highest possible availability of the Service. Nevertheless, it may be necessary to temporarily suspend the availability of the Service for maintenance purposes. Where possible, we will inform you in good time in advance about maintenance time windows and arrange these in such a way that the disruptions are kept to a minimum.

§ 6 Term of contract

(1) The contractual relationship begins with the conclusion of the contract and is concluded for an indefinite period.

(2) Either party may terminate the contractual relationship with 14 days' notice to the end of any month.

(3) The right of each party to extraordinary termination for good cause shall remain unaffected.

§ 7 Prices and terms of payment

(1) Unless otherwise agreed in individual cases, our current prices at the time of the conclusion of the contract plus statutory VAT shall apply, which can be found in our price list on the website.

(2) The service fee is payable within 14 days of invoicing and provision of the service. However, we are entitled at any time, also within the framework of an ongoing business relationship, to provide the Service in whole or in part only against advance payment.

(3) Upon expiry of the aforementioned payment deadline, the customer shall be in default. During the period of default, interest shall be charged on the remuneration at the statutory default interest rate applicable at the time. We reserve the right to assert further damage caused by default. With respect to merchants, our claim to the commercial due date interest rate (§ 353 HGB) remains unaffected.

(4) The customer shall only be entitled to rights of set-off or retention insofar as his claim has been legally established or is undisputed.

§ 8 Limitation of Liability, Statute of Limitations

(1) We make no representations or warranties that the results you intend will occur as a result of using our training. In particular, we do not owe any specific success or results. Our trainings do not constitute legal advice and are not suitable to replace it. The customer is solely responsible for the implementation of the contents learned and, if necessary, adaptation to special needs and requirements.

(2) Insofar as nothing to the contrary arises from these GTC including the following provisions, we shall be liable in accordance with the statutory provisions in the event of a breach of contractual and non-contractual obligations.

(3) We shall be liable for damages - irrespective of the legal grounds - within the scope of fault liability in the event of intent and gross negligence. In the event of simple negligence, we shall only be liable

a) for damages resulting from injury to life, body or health,

b) for damages arising from the breach of an essential contractual obligation (obligation, the fulfilment of which makes the proper execution of the contract possible in the first place and on the observance of which the contractual partner regularly relies and may rely); in this case, however, our liability is limited to compensation for the foreseeable, typically occurring damage.

(4) The limitations of liability resulting from para. 2 shall also apply in the event of breaches of duty by or in favour of persons for whose fault we are responsible in accordance with statutory provisions. They do not apply insofar as we have fraudulently concealed a defect or have assumed a guarantee for the quality of the goods and for claims of the customer under the Product Liability Act.

(5) In the event of loss of data caused by simple negligence, we shall only be liable for the damage that would have been incurred even if the customer had properly and regularly backed up the data in a manner commensurate with the importance of the data.

(6) The customer's claims arising from the contractual relationship shall become statute-barred after one year, in deviation from the standard limitation period.

(7) The above provisions shall also apply to liability with regard to the reimbursement of futile expenses and in favour of our employees, representatives and vicarious agents.

§ 9 Final provisions

(1) All disputes arising out of or in connection with this contract or concerning its validity shall be finally settled in accordance with the Arbitration Rules of the German Institution of Arbitration e.V. (DIS) to the exclusion of the ordinary legal process. The arbitral tribunal shall consist of a sole arbitrator. The place of arbitration shall be Berlin. The language of the proceedings shall be German. The law applicable to the matter shall be the law of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods. The parties agree that the arbitration shall be conducted as an expedited procedure and that Annex 4 of the DIS Arbitration Rules shall be applied.

(2) We are entitled to use the name and logo of the customer for reference purposes, for example on our websites or in presentations.