it-soft.com - Terms of Use

Terms of Use

In a collaborative partnership, it is important that both partners know exactly which business agreements are underlying them. Here you will find out which services and obligations both partners have. it-soft GmbH carries out its services exclusively on the basis of these terms and conditions. The application of deviating terms and conditions of the customer is excluded. Only the provisions of these terms and conditions are authoritative for all legal transactions. The only exception are additional, written agreements.

1. Subject of the Conditions

The following conditions regulate the use of it-soft's services within the framework of the tariff conditions of the respective it-soft service applicable at the time of conclusion of the contract.

2. Scope of services

The specific scope of the contractual services and the amount of the fees to be paid are determined from the service description for the respective it-soft service ordered by the customer, the service level agreement and the price list as well as the order form and its attachments, the order confirmation and the written agreements between it-soft and the customer referring to this. it-soft can use third parties as vicarious agents in the fulfillment of its contractual service obligations. This does not affect it-soft's contractual obligations. Insofar as the provision of the services depends on the use of transmission paths and switching facilities of third parties, it-soft points out that deviations in quality may arise because the performance standards of other providers are decisive, over which it-soft has no influence.

it-soft provides its services based on the current state of the Internet and the technical, legal and commercial framework for using the Internet. it-soft is not obligated to expand the customer's usage options in line with technical developments, especially if the fee level remains unchanged.

To the extent that ongoing fees are agreed between it-soft and the customer by specifying a specific flat-rate scope of use (IP transfer volume, storage capacity, etc.) or a monthly fixed price for the use of the services to be provided by it-soft, the agreed fees/fixed prices will not be reduced if the customer does not use the scope of use granted by it-soft in accordance with the agreement or only uses it in part.

If it-soft provides the customer with free services, the customer has no right to demand that they be provided if the service is dispensable for the customer and is not essential for their network access. it-soft is entitled to offer services provided free of charge only for a fee in the future. In such a case, it-soft will inform the customer immediately.

it-soft is entitled to adjust the fees and/or service content by informing the customer in an appropriate manner with a notice period of at least two weeks . If the customer does not intend to continue the contract under the changed conditions in the event of an increase of more than 30%, he is entitled to extraordinary termination with effect from the time that a regular termination takes effect. In order to be effective, the termination must be asserted in writing to it-soft within a period of 3 months from the announcement of the adjustment. If the customer does not terminate the contractual relationship with it-soft within the aforementioned period, the new conditions between it-soft and the customer are deemed to have been agreed with effect from the time the adjustment takes effect. Beyond the extraordinary right of termination mentioned in sentence 3, the customer has no further claims against it-soft due to an adjustment of the fees and/or service content.

Further performance obligations:

(1) If repair times become necessary on it-soft servers on which the customer's content is stored, which foreseeably make it impossible for users to access these files and data for more than four hours, it-soft will inform the customer of this by e-mail at least 3 working days in advance.

(2) If it-soft provides additional services free of charge, the customer has no right to demand that they be provided. it-soft is entitled to discontinue or change such services, which were previously provided free of charge, within a period of 24 hours, or to only offer them for a fee. In this case, it-soft will inform the customer immediately.

(3) Unless otherwise expressly agreed with the customer in writing, it-soft provides the customer with free technical support. Support is provided on working days via email or telephone during normal office hours. it-soft does not provide direct support for the customer's customers unless other agreements have been made in writing.

3. Conclusion of contract

The contract between the customer and it-soft is concluded after the customer has placed the order with written order confirmation by it-soft or with the provision of the service by it-soft.

4. Performance dates, deadlines, service disruptions, interruptions

Dates and deadlines for the start of services are only binding for it-soft if it-soft expressly confirms them in writing and the customer has met all the requirements within his sphere of influence for the performance of the service in good time. Any service deadlines begin on the date of the order confirmation or from the time of the first provision of the service by it-soft, if this is before the time of the order confirmation.

Unforeseeable events such as force majeure, official measures, failure of telecommunications connections and other disruptions for which it-soft is not responsible release it-soft from the obligation to provide timely performance for their duration.

If it-soft is culpably in default of performance, the customer is only entitled to withdraw from the contract after a written reminder and after expiry of a reasonable grace period set by it-soft (at least six working days).

Mere disruptions to the quality of access to the Internet and/or data traffic on the Internet due to force majeure or due to events for which it-soft is not responsible (e.g. failure of communication networks and gateways of other operators) do not affect it-soft's right to compensation.

it-soft may make changes to its telecommunications network. When choosing the time and extent, it must take the interests of the customer into account. it-soft may temporarily suspend access to its telecommunications network during the times specified in the Service Level Agreement for scheduled maintenance work. If it is necessary for operational safety or for extraordinary maintenance work, it may also temporarily block access at other times. It will inform the customer of such suspensions with a reasonable period of time in advance. Access interruptions without prior notice are only permitted if it-soft is not at least grossly negligent in causing these disruptions and/or they were unavoidable. This includes in particular disruptions caused by third parties or due to force majeure, as well as access interruptions caused indirectly.

5. Duties and obligations of the customer

Obligation to use it-soft services properly The customer undertakes not to use the respective it-soft service ordered by the customer in an unlawful manner. In particular, he undertakes to use

(1) not to post any content on the Internet or to refer to it that violates legal provisions, the personal rights and protective rights of third parties or violates common decency;

(2) all relevant legal norms relating to data protection, telecommunications secrecy and network security must be observed. In particular, the forwarding of data in violation of copyright law, of content harmful to minors without adequate safeguards against knowledge by minors under the age of 18, or of prohibited content, in particular child pornography or prohibited right-wing or left-wing extremist propaganda, is prohibited.

(3) not to circumvent the security measures of a third-party host, network or account (colloquially called "cracking" or "hacking") or interfere with their service ("denial of service attacks");

(4) to refrain from excessively burdening the Internet through untargeted or improper distribution of data (prohibition of so-called mail spamming, junk e-mail, cross-posting) as well as the deliberate distribution of viruses;

(5) to inform all persons to whom the customer allows the use of the respective it-soft service commissioned by the customer in an appropriate manner about the need to comply with the aforementioned obligations.

(6) to keep confidential individual information relating to the use of the Service, such as passwords;

Obligation to cooperate in the event of defects and damage

The customer is obliged

(1) to immediately report in writing any disruption to access or use of it-soft’s telecommunications network;

(2) to immediately notify it-soft in writing of any apparent defects or damage to the telecommunications equipment provided by it-soft;

(3) to take all measures, within the scope of what is reasonable for the customer, to enable the defects or damage and their causes to be identified, to facilitate or accelerate the elimination of the fault and to keep any possible damage as low as possible;

(4) not to carry out any interventions on the telecommunications equipment provided by it-soft that lead or may lead to changes in the physical or logical structure of the it-soft servers, the it-soft network or other networks;

(5) Defects or damage to the customer's own network, insofar as effects on the provision of the it-soft service cannot be excluded, must be reported to it-soft immediately in writing;

(6) to reimburse it-soft for the costs incurred in checking the equipment after a fault report has been submitted, provided that the check shows that the fault was not the responsibility of it-soft. The basis for assessment is the current price list of it-soft.

Abuse by the customer

(1) The customer is obliged not to misuse the respective services of it-soft and must refrain from unlawful acts.

(2) The customer must ensure compliance with statutory provisions and official requirements to the extent that these are or will be required currently or in the future for participation in the data exchange.

(3) The customer undertakes to immediately notify it-soft of any defects or damages (fault reports) that are apparent and to take all measures that enable the defects or damages and their causes to be identified or that facilitate or accelerate the elimination of the fault.

(4) When designing its Internet presence and/or developing software with access to it-soft's systems, the customer undertakes not to use techniques that cause excessive use of it-soft's facilities. it-soft can exclude Internet presences or IP addresses with these techniques from any access until the customer has removed/deactivated the techniques.

(5) The customer further undertakes not to use the resources provided by it-soft for the following actions:

(a) unauthorized intrusion into third-party computer systems (hacking);

(b) Obstructing other people’s computer systems by sending/forwarding data streams and/or emails (spam/mail bombing),

(d) sending e-mails to third parties for advertising purposes, unless it can be assumed that the recipient has an interest in doing so (e.g. following a request or previous business relationship);

(e) falsifying IP addresses, mail and news headers and spreading viruses.

Customer obligations in connection with Internet domains, IP addresses and network usage

The customer is obliged

(1) to notify it-soft of any changes to the network without delay;

(2) to indemnify it-soft against third-party claims arising from disputes over names, trademarks, copyrights or other intellectual property rights in connection with the use, use or registration of a domain name, in particular in the case of any claims or lawsuits by third parties due to unlawful use of the network by the customer which violates applicable German or international law, to indemnify it-soft against third-party claims for compensation. The customer is liable for the defense and for the assumption of all costs, compensation payments, extrajudicial costs and fees (including court fees) which are attributed to it-soft due to such third-party claims. The customer must inform it-soft of any existing or impending lawsuit;

(3) to observe the rights and obligations existing under the respective DENIC guidelines, insofar as they apply to the customer due to the registration of his or her own Internet domain;

(4) to provide it-soft with the required documentation (technical data sheet) in a timely manner, i.e. upon placing the order for the respective it-soft service ordered by the customer, for the internationally routable IP address space desired by the customer in accordance with the currently valid provisions of the Réseaux IP Européen Network Coordination Center (RIPE NOC);

Copyrights, software licenses:

(1) If it-soft designs Internet presences for the customer or for third parties on behalf of the customer, the customer is granted a non-exclusive right of use to the pages created for the duration of the contractual relationship.

(2) If it-soft provides the customer with software (e.g. operating systems, shop software), the customer is granted a non-exclusive right of use for the duration of the contract. Otherwise, the license terms of the respective program manufacturer apply.

(3) As soon as the customer's right of use ends (e.g. due to termination of the contract), the customer must return all data storage devices with programs, any copies, as well as all written documentation and advertising aids to it-soft. The customer deletes the software in any form from his or her own or rented computers, unless he is legally obliged to retain it for a longer period.

6. Consequences of breaches of duty by the customer

In the event of a breach of the obligations mentioned under, it-soft reserves the right, in light of its own liability, to delete offensive, discriminatory or otherwise legally questionable content, in particular criminal content or content that violates common decency. it-soft reserves the right to remove any material or data and to block the use of the network for one or more users if the user continues to violate the obligations mentioned under 5. Blocking will only take place after written warning, unless

a) the customer has given cause for immediate termination of the contractual relationship, or

b) there is a risk of endangering it-soft’s facilities or

In the event of repeated violations of the obligations set out in section 5 by the customer, it-soft has the right to terminate the contract without notice after issuing a warning, provided that the violations hinder the proper provision of it-soft's services or cause costs for it-soft or affect it-soft's own legal positions in any way. In the event of termination of a contract with a minimum contract term without notice by the customer, it-soft is entitled to compensation for the remaining term of the contract not fulfilled. Other contractual and non-contractual claims for compensation remain unaffected.

If customers violate the network's security regulations, they can be held liable under both criminal and civil law. it-soft is legally obliged to support investigations into suspected criminal violations or violations of other security regulations when ordered by authorities. it-soft does not generally check the legality of these official orders. it-soft will only defend itself against such orders in an appropriate manner if it is clearly evident that they are unlawful. In this case, a claim against the affected user exists under the statutory provisions on acting without authority.

(1) The customer is obliged not to misuse the respective services of it-soft and must refrain from unlawful acts.

(5) The customer further undertakes not to use the resources provided by it-soft for the following actions:

(a) unauthorized intrusion into third-party computer systems (hacking);

(b) Obstructing other people’s computer systems by sending/forwarding data streams and/or emails (spam/mail bombing),

(d) sending e-mails to third parties for advertising purposes, unless it can be assumed that the recipient has an interest in doing so (e.g. following a request or previous business relationship);

(e) falsifying IP addresses, mail and news headers and spreading viruses.

7. Use by third parties

The access codes and personal passwords required for using the it-soft service ordered by the customer must be protected by the customer from unauthorized access by third parties and, if necessary, changed immediately if a third party has or could have gained knowledge of them. it-soft must be notified immediately.

The customer is not permitted to make the usage and access authorizations assigned to him available to third parties for permanent exclusive use without the prior permission of it-soft. If this permission is refused, the customer has no right to extraordinary termination.

The establishment of co-users on caching servers is only permitted with the prior written permission of it-soft.

The customer must also pay usage fees incurred by co-users or unauthorized use by third parties if and to the extent that he is responsible for such use.

8. Internet presence

(1)The customer will create/have created daily backup copies of his Internet presence, which may not be stored on the web server itself, in order to ensure a quick and cost-effective restoration of the Internet presence in the event of a possible system failure.

(2) The customer must retrieve incoming messages in his POP3 email inboxes at regular intervals. it-soft reserves the right to delete personal messages received for the customer if they have not been retrieved by the customer within four weeks of receipt on the mail server. it-soft also reserves the right to send incoming personal messages for the customer back to the sender if the capacity limits provided for in the respective tariffs are exceeded.

(3) If the data transfer volume (traffic) attributable to the customer's offer exceeds the maximum amount agreed with the customer for the respective month, it-soft will invoice the customer for the amount attributable to the excess volume in accordance with the current price list.

9. Internet domains and name servers

(1) it-soft provides the customer with the Internet domains required by the customer in accordance with the allocation guidelines of the relevant Network Information Center, hereinafter referred to as NIC. There is no right to delegation of a specific domain by it-soft and/or the relevant NIC. The conditions of the relevant allocation body apply. The customer is obliged to comply with the current registration guidelines or registration conditions of the NICs concerned. The customer ensures that all registration applications by end customers are made with knowledge of and acceptance of these guidelines and conditions.

(2) The top-level domains that can be registered and the fees due therefor as well as the fees due for the use of name servers are set out in the appendix to this Agreement.

(3) The customer is granted the right to resell it-soft products in Germany and throughout the world under the terms of this contract. The customer is free to set prices as he pleases. There is no territorial protection. Rather, it-soft is entitled to use other resellers.

(4) The customer sells the domain names registered with it-soft and the name server services used to its customers in its own name and for its own account, which means that no legal relationship exists between it-soft and the customer's customers.

(5) The domains are registered at the customer's discretion either to the customer or to his customer, but in no case to it-soft. The customer or his customer therefore concludes the registration contract directly with the responsible NIC.

(6) Since the registration of the requested domains is the sole responsibility of the responsible NICs and it-soft has no influence on this, it-soft cannot guarantee a specific time frame for registration. However, when using it-soft's automated interfaces, orders are processed immediately.

(7) If the order for the administration of a domain is terminated or ends due to the passage of time (e.g. due to termination of the framework agreement) or for other reasons, the domain can be deleted if the customer does not submit a transfer request to another provider in good time before the end of the registration period. If the customer does not submit such a transfer request in good time or the customer is no longer reachable by it-soft, it-soft is entitled, instead of deletion, to ask the domain owner whether another registration of the domain or a change of provider is desired.

(8) If the customer is in arrears with the payment of fees due after termination of the framework agreement or if the customer is no longer reachable by it-soft, it-soft is permitted to immediately delete domains even before the expiry of the respective registration period or to hand them over to the administration of the respective NIC and/or to ask the domain owner whether a further extension of the domains or a change of provider is desired.

(9) The customer bears full responsibility for the accuracy of domain orders. This applies equally to incoming transfers (KK) (transfer-in, i.e. transfers of domains that are under the administration of another provider to it-soft), to outgoing transfers (KkGet) (transfer-out, i.e. transfers of domains that are under the administration of it-soft to another provider) as well as to registrations (REG), changes (UPDATE) and deletions (CLOSE/Expiry-CLOSE). it-soft is entitled, but not obliged, to carry out domain orders without it-soft having the domain owner's consent directly. The customer hereby assures that when placing a domain order with it-soft, he always acts in the name and on behalf of the (current) domain owner or admin-c according to Whois. The customer further assures that he has the required written consent of the domain owner or admin-c according to Whois at this time. it-soft can request this written consent from the customer at any time with a response period of 24 hours.

(10) If it-soft receives a request from another provider to take over a domain (transfer-out), this will be forwarded to the customer with a request to accept or reject it. it-soft is entitled and, in some cases, obliged due to NIC regulations, to grant the request even if only the consent of the domain owner or Admin-C according to Whois is available. The customer will be informed immediately of the approval.

10. SSL certificates and security products

(1) it-soft provides the customer with the SSL certificates and security products required by them in accordance with the allocation guidelines of the relevant Trust Center (Certification Authority), hereinafter referred to as CA. There is no entitlement to the allocation of a specific product by it-soft and/or the relevant CA. The conditions of the relevant awarding authority apply. The customer is obliged to comply with the current guidelines of the relevant awarding authorities. The customer ensures that all orders from end customers are made with knowledge of and acceptance of these guidelines and conditions.

(2) The available SSL certificates and security products and the fees due are set out in the appendix to this Agreement.

(4) The customer sells the SSL certificates and security products purchased from it-soft to its customers in its own name and on its own account, which means that no legal relationship exists between it-soft and the customer's customers.

(5) Since the issuing of the requested SSL certificates and security products is the sole responsibility of the responsible CAs and it-soft has no influence on this, it-soft cannot guarantee a specific time frame for issuing them. However, when using it-soft's automated interfaces, orders are processed immediately.

11. Short messages (SMS) and search engine services

(1) The customer assumes the content and legal responsibility for transmitted short messages.

(2) The available products in the areas of short messages (SMS) and search engine services and the fees due are set out in the Annex to this Agreement.

(4) The customer sells the products purchased from it-soft in the areas of short messages (SMS) and search engine services to its customers in its own name and on its own account, which means that no legal relationship exists between it-soft and the customer's customers.

(5) When using it-soft’s automated interfaces, orders will be processed immediately.

12. Confidentiality

(1) Both contracting parties will not disclose to third parties or otherwise exploit any information that has become known to them in connection with this contract and its execution and that is obviously confidential, as well as any internal company information that has become known to each other, and will ensure that this obligation is also complied with by the persons or companies employed by them. Internal company information includes all business, operational, organizational and technical knowledge, processes and information that, according to the recognizable will of the contracting party, are only accessible to a certain group of people and should not be made known to the general public. The obligation of confidentiality remains in force even after the expiration or termination of the contractual relationship.

13. Tariffs, payment terms

The amount of the fees incurred is determined exclusively according to the price list for the respective services ordered by the customer from it-soft in its currently valid version.

Monthly fees are payable pro rata for the remainder of the month, starting with the operational provision of the services. After that, these prices are payable monthly in advance. One-off provision fees are payable after access is set up if the installation service from it-soft is used, otherwise after the customer receives the telecommunications equipment.

If the fee is to be calculated for parts of a calendar month, this will be calculated at 1/30 of the monthly fee for each day. For contracts without a minimum contract term, a full monthly price will be charged if the customer terminates the contract before the end of 30 calendar days; this does not apply in the event of a justified termination for good cause by the customer.

The invoice amounts are due for payment immediately upon receipt of the invoice without deductions. At this point, it-soft will debit the invoiced fees from the customer's account using a direct debit authorization procedure. For each direct debit returned due to insufficient funds or due to the fault of the customer or their bank, it-soft will charge a service fee for the returned direct debit. If the customer does not grant a direct debit authorization (e.g. when paying by bank transfer or check), it-soft can charge a processing fee for each payment transaction to cover the increased administrative costs.

Further provisions for fees and payment

(1) it-soft shall receive the fees agreed in the appendix to this contract.

(2) Invoicing shall be carried out monthly at the beginning of each month.

(3) If the customer does not participate in the direct debit procedure, the invoice amount must be credited to the it-soft account specified in the invoice no later than fourteen days from the invoice date.

(4) The customer must ensure that his account has sufficient funds during the debit period. If the contractor incurs costs due to the account-holding institution refusing to pay, the customer will reimburse these immediately upon request.

(5) Objections to invoiced deliveries and services must be communicated to us in writing (not by email!) within fourteen days of the invoice date. After this period, the amounts are deemed to have been approved.

(6) If the customer defaults on payment, it-soft is entitled to claim interest of 10% pa as a minimum default damages from the relevant date. This does not exclude the right to claim higher default damages if appropriate evidence is provided.

(7) If the customer defaults on one or more payments, it-soft will inform the customer of this. If the outstanding item(s) is not settled within fourteen days of receiving this payment reminder, it-soft is entitled to block access to the account. If the customer remains in arrears fourteen days after a further payment request, it-soft is entitled to terminate the contract without notice and thus to stop all deliveries and services.

(8) Deliveries and services remain the property of it-soft until the purchase price has been paid in full. If the customer defaults on payment, it-soft may, without prejudice to other rights, take back the delivered goods to secure its rights if it-soft has notified the customer of this and granted the customer a reasonable grace period.

(9) The customer may only offset claims made by it-soft with undisputed, expressly recognized or legally established claims. The customer is only entitled to assert a right of retention due to counterclaims arising from this contract.

14. Exclusion of objections

Objections to the amount of the connection charges or other usage-dependent prices from it-soft must be raised in writing immediately after receipt of the invoice. Objections must be received by it-soft within one week of the invoice date. Failure to raise objections in a timely manner is deemed to constitute approval. Legal objections by the customer in the event of objections after the deadline has expired remain unaffected.

If the customer objects to the amount of the fees charged by it-soft, it-soft is exempt from providing proof of connections if the connection data was deleted for technical reasons or at the customer's request or for legal reasons, and it-soft was not at least grossly negligent and/or was unavoidable. After 80 days from the invoice date, it-soft is legally obliged to delete the connection data on which the invoice is based for data protection reasons.

15. Delay

If the customer defaults on a payment, it-soft is entitled to charge default interest of 10% pa above the respective base interest rate according to the Discount Rate Transfer Act (DÜG). it-soft expressly reserves the right to assert further damages.

If the customer defaults on payment of the price or a significant portion of the price amounting to at least €100.00 for two consecutive months, it-soft may, after prior written warning, block access to the respective it-soft services ordered by the customer at the customer's expense or terminate the contractual relationship without notice. In the event of a block, the customer remains obligated to continue paying the monthly prices. it-soft reserves the right to assert further claims due to late payment.

In compliance with data protection regulations (see No. 19 of these General Terms and Conditions), it-soft is entitled to check the customer's creditworthiness by obtaining information.

16. Termination

Contracts for which a minimum term has been agreed shall be extended by 12 months unless it-soft or the customer terminates the contract in writing with one month's notice before the end of the term - unless otherwise agreed in the individual contract.

Contracts without a minimum term can be terminated by it-soft or the customer in writing with one month's notice to the end of the month - unless otherwise agreed in the individual contract.

The telecommunications equipment and all IP addresses assigned to the customer by it-soft must be returned within four weeks of the end of the contract. The customer bears the costs of returning the telecommunications equipment and any costs incurred for retransferring the IP addresses. In the event of failure to comply with the obligation to return the equipment on time, a contractual penalty of one monthly fee applicable at the time of the violation for the respective it-soft service ordered by the customer (according to the applicable price list) will be imposed for each month of delay.

17. Damages and limitation of liability

it-soft is only liable for damages if they were caused intentionally or through gross negligence by it-soft or its vicarious agents. In the event of a breach of duties that are essential to achieving the contractual objective (cardinal duties), it-soft is also liable for slight negligence.

For purely financial losses, it-soft's liability is limited to a maximum amount of €3,000 per customer for all those affected by an event causing the damage. If the compensation to be paid to several victims due to the same event exceeds the latter maximum limit, each individual claim for damages will be reduced in proportion to the sum of all claims for damages compared to the maximum limit. The limitation of liability does not apply if the damage was caused intentionally.

The customer is obliged to take appropriate measures to prevent and mitigate damage.

it-soft shall not be liable for the recovery of data if the customer has not ensured that this data is from data material that is kept in machine-readable form and can be reconstructed with reasonable effort.

Further liability and warranty provisions:

(1) it-soft is liable for intent and gross negligence, but for slight negligence only in the event of a breach of essential contractual obligations. The customer's claims for compensation are limited to the amount of the order value. This also applies to any negligence on the part of vicarious agents or legal representatives of it-soft. Liability under the Product Liability Act and their producer liability remain unaffected.

(2) Liability for all other damages, in particular consequential damages, indirect damages or lost profits, is excluded.

(3) The customer must notify it-soft of obvious defects in writing immediately, but no later than two weeks after delivery. Defects that cannot be discovered within this period even after careful inspection must be reported to it-soft in writing immediately after discovery. The customer is aware that, given the current state of technology, it is not possible to develop software and Internet applications in such a way that they work error-free under all conceivable operating conditions. it-soft therefore only guarantees that the deliveries and services provided meet the agreed requirements and the essential performance characteristics.

(4) it-soft can initially guarantee the defect by making - possibly multiple - improvements. If this improvement ultimately fails or is unreasonable, the customer has the right to reduce the remuneration appropriately or to cancel the contract.

(5) It-soft is not responsible for delays in delivery and performance due to force majeure and events that make delivery significantly more difficult or impossible for it-soft (this includes in particular strikes, lockouts, official orders, etc., even if they occur at a supplier or sub-supplier), even if binding deadlines and dates have been agreed. In this case, it-soft is entitled to postpone delivery or performance by the duration of the hindrance plus a reasonable start-up time or to withdraw from the contract in whole or in part due to the part not yet fulfilled. If the hindrance lasts longer than 3 months, the customer is entitled to withdraw from the contract with regard to the part not yet fulfilled after setting a reasonable grace period. If the delivery time is extended or it-soft is released from its obligation, the customer cannot derive any claims for damages against it-soft from this, but only if it-soft has notified the customer immediately of the reasons for the hindrance.

(6) The customer undertakes to indemnify it-soft internally from all possible claims by third parties that are based on unlawful actions by the customer or errors in the content of the information provided by the customer. This applies in particular to violations of copyright, data protection and competition law.

(7) Within the scope of the warranty, the customer may be required to accept a new program/development status, unless this would result in unreasonable adaptation and conversion problems for the customer.

(8) it-soft points out that, given the current state of technology, it is not possible to create hardware and software in such a way that it works error-free in all application combinations or can be protected against manipulation by third parties. it-soft does not guarantee that hardware and software used or provided by it-soft meets the customer's requirements, is suitable for certain applications, or that it is free from crashes, errors and viruses. it-soft only guarantees to the customer that hardware and software used or provided by it-soft will function essentially in accordance with the manufacturer's specifications at the time of transfer, under normal operating conditions and with normal maintenance. it-soft does not accept any liability for known errors on the part of the manufacturer.

18. Credit check

it-soft works with credit agencies (e.g. SCHUFA) and credit insurance companies. On request, it-soft will provide the customer with the addresses of these companies, which can also provide the customer with information about the data stored about them. Data about the application, initiation and termination of the contract can be transmitted to these companies, provided this is necessary to protect legitimate interests and does not affect the customer's legitimate interests. Under the same conditions, information about the customer can also be obtained from them. In particular, it-soft will report data to SCHUFA due to non-contractual processing (e.g. termination due to late payment, application for a reminder for an undisputed claim and compulsory enforcement measures) of this contract. SCHUFA only transmits objective data without specifying the creditor; subjective value judgments, personal income and financial circumstances are not included in SCHUFA information. It also only makes the data available if a legitimate interest in the data transmission is credibly demonstrated.

19. Data protection

The legal basis for the handling of the customer’s personal data is the Federal Data Protection Act (BDSG), the Telecommunications Act (TKG), the Telecommunications Service Providers Data Protection Ordinance (TDSV) and the Teleservices Data Protection Act (TDDSG).

In accordance with Section 33 of the Federal Data Protection Act (BDSG), it-soft informs the customer that personal data and other information relating to their usage behavior will be stored by it-soft for the duration of the contractual relationship, insofar as this is necessary to fulfill the purpose of the contract, in particular for billing purposes. The customer agrees to the storage. it-soft also processes and uses the collected inventory data to advise its customers, for advertising and market research for its own purposes and to design its services to meet their needs. The customer can object to such use of his data.

it-soft undertakes to provide the customer with complete and free information about the stored data, as far as it concerns him, at any time upon request. it-soft will not forward this data or the content of the customer's private messages to third parties without the customer's consent. This only does not apply insofar as it-soft is legally obliged to disclose such data to third parties, in particular government agencies, or insofar as internationally recognized technical standards provide for this and the customer does not object.

it-soft expressly advises the customer that data protection for data transmissions in open networks such as the Internet cannot be fully guaranteed given the current state of technology. Other Internet users may also be technically able to intervene in network security and control message traffic without authorization. The customer is therefore responsible for the security of the data he transmits to the Internet.

20. Service hotline

it-soft maintains a telephone service hotline to answer questions regarding it-soft products or services.

The contract concluded between it-soft and the customer does not give the customer any right to the provision of a hotline unless otherwise agreed in the individual contract. Furthermore, it-soft has no obligation towards the customer to successfully answer questions, unless something else was agreed with the customer in connection with the individual product or service.

it-soft is also not obliged to continue to offer the currently existing service hotline to the same extent in the future. it-soft is entitled, among other things, to discontinue the hotline, to limit its time and/or to only offer it for a fee.

21. General final provisions

The customer’s legal successor is also bound by the obligations arising from contracts concluded on the basis of these terms and conditions.

The place of performance is Munich.

The exclusive place of jurisdiction is Munich for all claims arising from or based on contracts concluded on the basis of these terms and conditions as well as for all disputes arising between it-soft and the customer regarding the formation, execution or termination of a contract, provided that the customer is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law.

The contractual relationship between the customer and it-soft is subject exclusively to the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods.

it-soft contacts the customer using the data provided on the first page of the contract. The customer guarantees that the data he provides is correct and complete. He undertakes to inform it-soft immediately of any changes to the data provided and, upon request from it-soft, to confirm the current accuracy within fourteen days of receipt. This applies in particular to the customer's name, postal address, email address and telephone and fax number.

The customer can contact it-soft via the following channels: telephone, email, see contact page!

All changes and ancillary agreements to this contract as well as terminations must be made in writing.

it-soft is entitled to change or add to these contractual terms and conditions at any time. The customer has the right to object to such a change. If the customer does not object to the changed conditions within six weeks of receiving the notification of the change, they will become effective in accordance with the announcement.

The local courts responsible for it-soft's registered office have exclusive jurisdiction. it-soft can also file lawsuits against the customer at the customer's place of residence or business in Munich.

Should individual provisions of these General Terms and Conditions be invalid or unenforceable, this shall not affect the validity of the contractual agreements or these terms and conditions. The invalid or unenforceable provisions shall be replaced by an effective provision that comes closest to the economic content of the invalid or unenforceable provision. Should a gap arise in these Terms and Conditions, the contracting parties shall find or accept a provision that corresponds to what they would have agreed had they considered the remaining point.

it-soft GmbH, as of 2016 v.1.0014

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