General Terms and Conditions

Conditions of contract under contracts entered into through the Platforms

imkerei-manager.de or apiary-manager.com

between

net&rights GmbH
Vor den Höfen 39
30826 Garbsen
+49 (221) 2225949
info@netandrights.com,

registered in the commercial register of the Hanover District Court under HRB 221365,

represent by Oliver Hörster,

VAT number: DE264985977

- hereinafter referred to as "Provider" -

and

Users of the mentioned platforms

-in Following "Customer" -

closed become.

§ 1 Scope, Definitions

1. For the purposes of the commercial relationship between the The Provider and the Customer shall be subject exclusively to the following General Terms and Conditions. Terms and conditions in the version in force at the time of ordering. Deviating general terms and conditions of the purchaser shall not be unless the Provider expressly agrees to their applicability. in writing.

(2) The customer is a consumer to the extent that the the purpose of the goods and services ordered is not predominantly attributable to its commercial or self-employed professional activity. On the other hand, an entrepreneur is any natural or legal person or partnership with legal capacity which, at the time of conclusion of the contract, is in the exercise of of their commercial or self-employed professional activity.

§ 2 Subject matter of the contract

(1) The Provider shall provide the Client with the following services: SaaS services via the medium of the Internet in the field of business management software.

(2) The subject matter of the contract shall be the

a) Provision of the Software "Beekeeping Manager" or "Apiary Manager" (hereinafter referred to as "SOFTWARE") of the Provider for use via the Internet, and

(b) Granting storage space to the Provider's servers.

(3) The Provider shall be permitted to hosting and subcontractors in the allocation of storage space. The use of subcontractors does not release the provider from its right to sole obligation towards the customer to ensure the full Contract.

§ 3 Conclusion of contract

(1) The customer may choose from the assortment of the supplier's products, esp. Subscriptions with different levels of functionality, and select it via the button "Register as a new customer" or "As a Existing customer upgrade". Via the button "Order for a fee" he submits a binding application for the conclusion of the contract of the selected product. Before sending the order, the customer can change the data at any time. change and view. However, the application can only be submitted and transmitted if the customer clicks on the corresponding checkboxes, Terms and Conditions as well as the separately available Privacy Policy and thereby included or accepted it in its application.

(2) The Provider shall then send the Customer an automatic acknowledgement of receipt by e-mail, in which the order is of the customer is listed again and which the customer can use the function "Print". The automatic acknowledgment of receipt documents only that the Customer's order has been received by the Provider and does not constitute acceptance of the application. The contract only comes into effect through the submission of of the declaration of acceptance by the Provider, which is accompanied by a separate e-mail (order confirmation). In this e-mail or in a separate e-mail, but no later than at the start of the service, the text of the contract (consisting of order, terms and conditions and order confirmation) to the customer from us on a durable data carrier (e-mail or paper printout) (contract confirmation). The text of the contract will be stored in compliance with data protection.

(3) The contract shall be concluded in German Language.

4. If, at the time of the appointment of the customers of the product they have selected due to a lack of resources. the Provider shall inform the Customer thereof without delay. Is that product is permanently unavailable, the provider is aware of a declaration of acceptance. A contract will not be concluded in this case.

(5) If this is stated by the customer in the order, product is only temporarily unavailable, the supplier shall inform the customers will also be informed immediately.

§ 4 Software Provision

(1) The Provider shall provide the Customer with the Term of this Agreement, the SOFTWARE in the then current version via the Internet available. To this end, the Provider shall set up the SOFTWARE a server that is accessible to the customer via the Internet.

(2) The current range of functions of the SOFTWARE results from its current service description on the web site of the provider under www.imkerei-manager.de.

3. The provider shall, in accordance with the technical possibilities immediately detect any software errors. A mistake is deemed to be the case if the SOFTWARE fulfils the requirements specified in the terms of reference functions not performed, delivers erroneous results, or otherwise fails to does not work properly, making it impossible to use the SOFTWARE. or restricted.

4. The provider shall provide updates that necessary to maintain conformity with the contract.

5. The Provider may, without obligated to update the SOFTWARE at any time, or and in particular due to changes in the legal situation, technical developments or to improve IT security. The Provider will take due account of the legitimate interests of the Client and inform the customer in a timely manner about necessary updates. In the event of a significantly harms the legitimate interests of the customer. a special right of termination.

(6) Adaptation to the individual The provider does not owe the customer's needs or IT environment. One However, at the request of the customer, this can be done on the basis of an individual agreement. at the expense of the customer.

§ 5 Rights of use to the SOFTWARE

(1) The Provider does not grant the Customer the right to exclusive and non-transferable right set out in this Agreement. designated SOFTWARE for the duration of the contract for the agreed number of of eligible users in the context of the SaaS services, as determined by the Internet access through a browser.

(2) The Customer may only use the SOFTWARE to the extent that this is necessary through the intended use of the SOFTWARE in accordance with the current service description.

(3) The Customer may only use the SOFTWARE to the extent that this is necessary through the intended use of the software. according to the current service description. To the necessary Duplication counts the loading of the SOFTWARE into the RAM on the provider's server, but not the installation, even temporary, or storing the SOFTWARE on data carriers (such as hard disks, etc.) of the hardware used by the customer.

(4) The customer is not entitled to SOFTWARE for use by third parties for payment or free of charge. put. A sub-lease of the SOFTWARE is therefore expressly granted to the customer. not permitted.

§ 6 Granting of storage space

(1) The Provider shall provide the customer with a defined storage space on a server for storage of their data. On this server, the customer can use the SOFTWARE to create content up to to the contractually agreed extent. If the storage space is available for storage of the data is no longer sufficient, the customer will be informed of this informed by the SOFTWARE. The customer can set appropriate quotas reorder subject to availability at the provider.

2. The provider shall ensure that the can be accessed via the Internet.

(3) The customer is not entitled to storage space to a third party in part or in full, for a fee or for use free of charge.

(4) The customer undertakes not to provide any content on the storage space, their provision, publication or violates applicable law or agreements with third parties.

(5) The provider shall be obliged to provide appropriate Precautions against data loss and to prevent unauthorized access access to the customer's data. To this end, the Provider shall regularly Make backups and install state-of-the-art firewalls.

(6) In any case, the customer shall remain sole owner of the data and can therefore request the disclosure of the data at any time. request some or all of the data.

(7) A request by the customer to hand over the At the customer's choice, data is provided either by sending it via a network or by handing over data carriers. The customer has no claim to obtain the appropriate software for the use of the data. The bears the costs incurred by the release of the data and their dispatch the customer, if he decides not to be sent via a data network.

(8) With regard to the data, the provider shall be entitled to of the customer neither a right of retention nor the statutory landlord's lien (§ 562 BGB).

§ 7 Support

(1) For inquiries from customers, the Provider shall for functions of the software. Enquiries can be made via the support hotline indicated on the provider's website for the information provided therein. times or by e-mail. Enquiries will be processed in chronological order of receipt.

(2) If the customer uses a free version, of the SOFTWARE, he/she shall not be entitled to use the Support Channels. War the Provider will, within the limits of the available resources, also make such requests. receive and process. Enquiries from customers of a fee-based version of the SOFTWARE, however, may be prioritized higher and preferential treatment.

§ 8 Interruption / impairment of accessibility

(1) Adaptations, modifications and additions of the SaaS services covered by the contract, as well as measures aimed at establishing the and the elimination of malfunctions will only lead to a temporarily interrupt or impair accessibility; if this is absolutely necessary for technical reasons.

2. The monitoring of the basic functions of the SaaS services are provided daily. The maintenance of the SaaS services is basically from Monday to Friday 09:00 – 18:00. In case of serious errors – the use of SaaS services is no longer possible or serious limited – maintenance is carried out within 3 hours of knowledge or Information provided by the customer. The Provider shall inform the Clients of the Notify maintenance work immediately and comply with the technical conditions. in the shortest possible time.
If troubleshooting is not possible within 12 hours, the Provider shall notify the Client within 24 hours, stating the reasons for the as well as the time that is expected to be taken for the correction of errors. by e-mail.

3. The availability of the agreed Services according to § 2 (2) of this contract is 97.5% on an annual average including maintenance work at the transfer point. The transfer point is the Router output of the provider's data center. Availability must not be be affected or interrupted for more than two calendar days in a row.

(4) Availability shall mean the possibility of customers to use all the main features of the software. Maintenance times as well as Periods of malfunction in compliance with the remediation time shall be considered as periods of Availability of the software. Periods of negligible disruption remain unaffected by the Calculation of availability is not taken into account. For proof of availability the provider's measuring instruments in the data center are decisive.

§ 9 Obligations of the customer

(1) The customer undertakes to storage space provided does not constitute unlawful law, content that infringes the rights of third parties.

(2) The customer is obliged to indemnify the unauthorised Access of third parties to the protected areas of the SOFTWARE through appropriate precautions. To this end, the Customer, insofar as to inform its employees of the need to comply with copyright law.

3. Without prejudice to the obligation of the provider for data backup, the customer is responsible for the entry and maintenance of the its data and information required for the use of the SaaS services responsible.

(4) The customer is obliged to provide his data and information before being entered for viruses or other harmful substances. components and to do so in accordance with the state of the art anti-virus programs.

(5) The Client shall be responsible for accessing the use of the SaaS services to generate a "User ID" and a password that necessary for the continued use of the SaaS services. The customer is undertakes to keep "User ID" and password secret and to disclose them to third parties. not to be made accessible.

(6) The information provided by the customer on the basis of the content stored in a specific storage space may be subject to copyright and protected by data protection law. The Customer hereby grants the Provider the right to the content stored on the server to the customer in the event of his or her queries accessible via the internet and, in particular, to enable them to do so reproduction and transmission, as well as for the purpose of data backup. to be able to reproduce.

(7) The customer is obliged to Registration to provide his/her true identity and address, as well as changes to update it immediately in the customer area.

§ 10 Remuneration

(1) The Customer undertakes to provide the Provider with for the provision of the paid version of the SOFTWARE and the Granting of the storage space to the agreed monthly fee. Unless otherwise agreed, the remuneration shall be calculated in accordance with the terms and conditions applicable at the time of conclusion of the contract. Supplier's price list.

(2) Any shipping costs incurred will be specified to the customer in the order form and are to be borne by the customer insofar as the customer does not exercise his right of withdrawal.

3. All prices published on the website of the specified by the Provider, including the terms and conditions in force from time to time. Statutory value added tax.

(4) Objections to the settlement of the services provided by the Provider, the Customer shall have within a period of eight weeks after receipt of the invoice in writing to the body indicated. After the expiry of the above-mentioned period, the Billing as approved by the customer. The Provider shall provide the Client with Sending the invoice to the significance of his conduct in particular indicate.

§ 11 Methods of payment

(1) The customer may make payment by SEPA transfer or via PayPal. Additional payment methods may be offered by the Provider at any time on the homepage.

2. The payment of the remuneration shall be immediate due upon conclusion of the contract. Is the due date of the payment according to the calendar the customer is already in default by missing the appointment. In in this case, he has to pay the provider default interest of 5 percentage points for the year. above the base rate.

(3) The customer's obligation to pay interest on arrears excludes the assertion of further damages caused by default by the providers.

§ 12 Liability for defects / liability

(1) The Provider shall guarantee the functional and the operational readiness of the SaaS services in accordance with the provisions of this Contract.

(2) Provided that functions or calculation methods marked as "experimental" or "beta", the vendor may correct functioning, by its very nature. Such features may include: customers already during the development and test phase at their own request and without any legal obligation on the part of the provider with regard to content or scope test. To the extent that Customer relies on the results of such features, he/she does so exclusively at his/her own risk and assumes full responsibility for this. Responsibility. The Customer can use such functions at any time in the Turn account settings on or off.

3. In the event that benefits provided by the provider of unauthorised third parties using the access data of the customers, the customer shall be liable for any damages incurred as a result. fees in the context of civil liability until receipt of the customer order to change the access data or report the loss, or theft, provided that the customer is prevented from accessing the unauthorised third party by a culpability.

(4) The Provider shall be obliged to immediately block the storage space if there is a reasonable suspicion that the are unlawful and/or infringe the rights of third parties. One reasonable suspicion of illegality and/or infringement of rights is particularly the case if courts, authorities and/or other third parties inform the Provider thereof. The Provider has informed the Customer of the and the reason for this immediately. The lock is as soon as the suspicion has been refuted.

(5) Claims for damages against the Provider are excluded regardless of the legal grounds, unless the Provider, its legal representatives or vicarious agents have intentionally or grossly negligent. The Provider shall only be liable for slight negligence, if one of the essential contractual obligations is fulfilled by the Provider, its legal representatives or executives or vicarious agents was injured. The Provider shall only be liable for foreseeable damages, with the origin of which typically has to be calculated. Essential elements of the contract Obligations are those obligations which form the basis of the Contract, which: were decisive for the conclusion of the contract and the fulfilment of which was the customer can trust.

(6) The person shall be liable for the loss of data. Provider insofar as the damage is based on the fact that the customer has failed to perform data backups and thereby ensure that the that lost data can be recovered with reasonable effort can.

(7) The Provider shall be liable without limitation for intentional or negligent damage resulting from injury to life, of the body or health by the provider, its legal obligations Representatives or vicarious agents.

(8) An additional guarantee shall be provided in the case of services provided by the Provider only if they are expressly included in the order confirmation for the respective product has been submitted.

§ 13 Term and Termination

1. A contract for pecuniary interest shall first be closed for three, six or twelve months and is automatically renewed the original period, if it is not completed at least one month before the expiry of the terminated by one of the parties. The contractual relationship shall commence in accordance with the Regulations in the area of "Conclusion of Contract".

(2) A contract free of charge ("Community Subscription") is closed indefinitely. The Contractual Relationship shall commence in accordance with the provisions in the "Conclusion of Contract" section and may be parties may be terminated at any time in writing with a notice period of 7 days.

(3) This shall be without prejudice to the right of any party to terminate the contract without notice for good cause. To the effect of In particular, the Provider shall be entitled to terminate the contract if the Customer fails to make payments despite reminders and the setting of a grace period, or the contractual provisions regarding the use of the SaaS services. One termination without notice presupposes in any case that the other party is warned in writing and asked to explain the alleged reason for the termination without notice within a reasonable period of time.

4. The provider shall use all of its Customer's remaining data on servers 30 days after the end of the irretrievably delete the contractual relationship. A right of retention or liens on the data in favour of the provider do not exist.

§ 14 Cancellation policy

1. Consumers shall, when concluding a distance selling gives rise to a statutory right of withdrawal, which the Provider has exercised in accordance with in accordance with the statutory model in a separate document containing the is available on the homepage.

§ 15 Data Protection / Confidentiality

(1) When using the SOFTWARE, the customer will comply with the applicable data protection regulations. The provider is in this respect not a controller within the meaning of Art. 4 No. 7 GDPR.

2. The Parties agree that: separately in a contract for data processing, in particular Subject matter and duration of the processing, type and purpose of the processing, the type of of personal data, the categories of data subjects and the data collected in the obligations and rights of the customer in the context of order processing be determined.

(3) The Provider undertakes to disclose all within the framework of the preparation, execution and performance of this contract. confidential transactions that have come to their knowledge, in particular business or trade secrets of the customer, to maintain the strictest secrecy and to neither to pass it on nor to exploit it in any other way. This applies to against any unauthorised third party, i.e. also against unauthorised third parties, employees of both the Provider and the Customer, provided that the disclosure of information is not necessary for the proper fulfilment of the contractual obligations. obligations of the provider. In case of doubt, the Provider shall give consent from the Customer prior to such disclosure let.

(4) The Provider undertakes to cooperate with all by him in connection with the preparation, implementation and fulfilment of this employees and subcontractors employed under the contract. paragraph 3 with the same content.

§ 16 Applicable Law, Place of Jurisdiction

1. Contracts between the provider and the 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. The legal provisions restricting the use of Choice of law and the applicability of mandatory provisions, esp. of the state, in which the customer as a consumer has his habitual residence, remain untouched.

(2) If the customer is a merchant, a legal person governed by public law or a special fund under public law, the place of jurisdiction for all Disputes arising from contractual relationships between the Customer and the Provider the Provider's registered office.

§ 17 Miscellaneous / Final Provisions

(1) Verbal ancillary agreements shall not be hit. Amendments, additions and additions to this contract have only Valid if agreed in writing between the Contracting Parties. become.

(2) If these General Terms and Conditions of Contract has not become part of the contract in whole or in part or is invalid, the remainder of the contract shall remain valid. To the extent that the provisions do not have become part of the contract or are invalid, the content of the contract in accordance with the provisions of the law. The contract is invalid if: adherence to it, also taking into account the conditions laid down in paragraph 2 the proposed amendment would cause undue hardship to a Contracting Party dignity.

(3) Appendices referred to in this Agreement are an integral part of the contract.

 

 

Data processing agreement

Contract on the processing of personal data on behalf of a controller pursuant to Art. 28 GDPR

 

between

customer mentioned above

than Controller - hereinafter referred to as "Client" -

 

and

 

above-mentioned provider

 

than Processor - hereinafter referred to as "Contractor" -

 

- Client and contractor as follows each also "party" and together "parties" -

Preamble

The Contractor shall provide the Clients SaaS services in accordance with the General Terms and Conditions (hereinafter referred to as 'the Main Contract'). part of the implementation of the The main contract is the processing of personal data within the meaning of General Data Protection Regulation ("GDPR"). In order to comply with the requirements of the GDPR for such constellations are concluded by the parties the subsequent contract, the performance of which is not separately remunerated, unless expressly agreed.

§ 1 Object / scope of the assignment

1. The cooperation of the parties in accordance with In accordance with the main contract, it entails that the Contractor has access to to the Client's personal data (hereinafter referred to as "Client Data") and shall receive them exclusively on behalf of and in accordance with the instructions of the Client. within the meaning of Art. 4 No. 8 and Art. 28 GDPR.

(2) The processing of client data by the Contractor shall be carried out exclusively in the manner specified in Appendix 1 and to the extent and purpose specified therein. The Circle of the persons affected by the data processing is set out in Appendix 2 presented in this contract. The duration of the processing corresponds to the duration of the processing of the main contract.

(3) The Contractor shall be notified of a different or beyond the provisions of Appendices 1 and 2 Processing of client data is prohibited. This does not apply to the Use of anonymized data.

(4) The processing of the client's data takes place exclusively in the territory of the Federal Republic of Germany, in a Member State of the European Union or in another contracting state of the Agreement on the European Economic Area. Any relocation to a third country requires the prior written consent of the contracting authority and may only be carried out if the special conditions laid down in Articles 44 to 49 of the GDPR.

5. The provisions of this Agreement shall apply Application to all activities related to the main contract and where the contractor and its employees, or by the Contractor agents come into contact with personal data that originate from the client or have been collected on behalf of the client.

§ 2 Powers of instruction of the client

1. The Contractor shall process the Client data only in the context of the assignment and exclusively in the order and in accordance with the instructions of the client within the meaning of Art. 28 GDPR (order processing), this applies in particular with regard to the transfer of personal data to to a third country or to an international organisation. The Client has in this respect, the sole right to issue instructions as to the nature, scope, and method of processing activities (hereinafter also referred to as the "right to give instructions"). If the Contractor is required by the law of the European Union or the Member States to which it is subject is obliged to carry out further processing; informs the Client of these legal requirements prior to processing with.

(2) Instructions shall be issued by the Client in writing; orally given instructions shall be issued by the Contractor in writing. The person authorised to issue instructions is identical to the natural person specified at the time of account creation. The The person authorised to receive the receipt is the managing director of the contractor. At in the event of a change or long-term inability of such persons, the the successor or representative of the other party without undue delay in text form. name. The Contractor shall notify the Client of a change in the identity of the Notify those authorised to issue instructions at an early stage. Pending the receipt of such a notification to the Client, the designated persons shall continue to be deemed to be eligible to receive.

3. Where the Contractor considers that: an instruction from the client against data protection regulations he must immediately inform the Client thereof. The The Contractor shall be entitled to continue the implementation of the instruction in question for as long as until it is confirmed or amended by the Client.

§ 3 Protective measures of the Contractor

(1) The Contractor shall be obliged to legal provisions on data protection and to comply with the requirements arising from the not to pass on the information obtained by the Client to third parties or suspend access to them. Documents and data are contrary to the knowledge by unauthorised persons, taking into account the state of the art. secure.

2. In addition, the Contractor shall Persons entrusted by him with the processing and performance of this contract (hereinafter referred to as 'staff'), in which the obligation to maintain confidentiality in writing (obligation to maintain confidentiality, Art. 28 (3) (b) GDPR) and compliance with this obligation with the due diligence. At the request of the Client, the Contractor shall notify the Client in writing of the undertaking of the employees or in electronic form.

3. The Contractor shall internal organisation in such a way that it takes into account the particular data protection requirements. It undertakes to ensure that all appropriate technical and organisational measures to provide adequate protection of the client's data in accordance with Art. 32 GDPR and to use them for the duration of the the processing of the client's data.

(4) A change in the technical measures taken and organisational measures shall be reserved to the Contractor, whereby the Contractor shall ensures that the contractually agreed level of protection is not is not reached. The Contractor shall immediately inform the Client in writing if he has reason to believe that the measures are no longer sufficient and will consult with it on the further technical and organisational measures.

§ 4 Information and support obligations of the Contractor

(1) In the event of malfunctions, suspicion of breach of data protection or breach of obligations of the contractor under this contract, suspicion of security-related incidents or other irregularities in the processing of the Client's data by the contractor, persons employed by the contractor in the context of the contract, or through third parties, the Contractor shall notify the Client without undue delay, at the latest but within 24 hours in written or electronic form inform. The same shall apply to audits of the contractor by the Data Protection Supervisory Authority. The reports pursuant to § 4 para. 1 sentence 1 contain at least the information referred to in Art. 33 (3) GDPR.

(2) The Contractor shall notify the Client in the of § 4 para. 1 in the fulfilment of its information obligation in this regard, remedial and information measures within the limits of what is reasonable. The In particular, the Contractor shall, without delay, take the necessary measures to safeguarding the data and mitigating possible adverse consequences of the data subjects, inform the contracting authority thereof and inform the client of the further instructions.

3. The Contractor undertakes to provide the Client, at the Client's oral or written request, within a within a reasonable period of time, to provide all information and evidence necessary to necessary to carry out an inspection in accordance with Article 7(1) of this contract are. In addition, the Contractor shall, at the Client's request, provide the Client with a comprehensive and up-to-date data protection and security concept for the processing as well as authorised persons. put.

§ 5 Other obligations of the Contractor

(1) The Contractor shall be obliged to list of all categories of activities carried out on behalf of the contracting authority. to carry out processing activities in accordance with Art. 30 (2) GDPR. That Directory shall be made available to the Client upon request.

(2) The Contractor shall be obliged to Clients in the preparation of a data protection impact assessment pursuant to Art. 35 GDPR and any prior consultation of the supervisory authority pursuant to Art. 36 GDPR.

3. The Contractor shall confirm that it – insofar as there is a legal obligation to do so, a Data Protection Officer. The contact details of the Data Protection Officer can be found on the homepage. A change in the person of the company data protection officer/contact person for data protection is the Client in writing without undue delay.

(4) If the Client's data is contractor by attachment or seizure, by an insolvency or settlement proceedings or by other events or actions of third parties. endangered, the Contractor shall immediately inform the Contracting Authority unless he or she is required to do so by judicial or judicial is prohibited by an official order. The Contractor shall: inform all competent authorities without delay that the the decision-making authority over the data is vested exclusively with the client as the "controller" within the meaning of the GDPR.

§ 6 Subcontractor relationships

1. The Contractor shall, within the framework of its contractual obligations to establish subcontracting relationships with subcontractors ("subcontractor relationship"). In this context, In this case, the Contractor shall ensure that the agreed arrangements also vis-à-vis the subcontractors commissioned by the be valid.

(2) A subcontracting relationship within the meaning of of these provisions shall not apply if the Contractor provides third parties with services which are to be regarded as purely ancillary services. Thereto include, for example, postal, transport and shipping services, cleaning services, security services, telecommunications services not specifically related to services rendered by the Contractor for the Client as well as other measures to ensure confidentiality, availability, integrity and Resilience of the hardware and software of data processing systems. The Duty of the contractor, also in these cases, the observance of data protection and Data security remains unaffected.

§ 7 Rights of control

(1) The Client shall be entitled to compliance with the provisions of this Treaty, in particular the Implementation and compliance with the technical and organizational measures in accordance with Article 3(3) of that agreement. To this end, he can, for example, provide information of the contractor, to obtain existing attestations from experts, certifications or internal audits, or the technical and organizational measures of the Contractor during normal business hours personally or by a competent third party, provided that the contractor is not in a competitive relationship with the contractor.

2. The contracting entity shall carry out inspections only in the to the extent necessary and to take due account of the Contractor's operations. The timing and nature of the the parties shall agree in due time.

(3) The Client shall document the result of the inspection and communicate it to the contractor. In the event of errors or irregularities, the contracting authority, in particular when reviewing the results of the contract, shall inform the Contractor without delay. Are used at identified in the course of the control the avoidance of which would require changes to be made in the future. of the ordered course of the procedure, the contracting authority shall inform the Contractor shall immediately notify the Contractor of the necessary procedural changes.

§ 8 Rights of data subjects

1. The Contractor shall assist the Client, if possible, with appropriate technical and organisational measures taken in the fulfilment of its obligations under Articles 12 to 22, and Art. 32 to 36 GDPR. He shall immediately inform the Client, but no later than within 7 working days, to provide the requested information about data provided by the Contractor, provided that the Contractor himself is not informed of the relevant information.

2. Where the person concerned exercises his or her rights in accordance with Articles 16 to 18 of the GDPR, the Contractor is obliged to: the Client's data on the instructions of the Client without undue delay, at the latest rectify, delete or restrict within a period of 7 working days. The Contractor shall notify the Client of the cancellation, correction or Provide written proof of restriction of data upon request.

(3) If a data subject exerts rights, such as the right to Provision of information, correction or deletion of their data, directly against the Contractor, the Contractor shall immediately forward the request to the Client and waits for the Client's instructions. Without a corresponding individual instruction, the Contractor will not be of the data subject.

§ 9 Remuneration

(1) No remuneration for this assignment shall be postulated.

(2) The following in this section remuneration referred to above does not apply to consumers.

(3) To the extent that the Contracting Authority provides support in accordance with § 8 for answering enquiries from data subjects, it has costs incurred as a result.

(4) Insofar as the Client pursuant to § 7 rights of control, the amount to be agreed in advance shall be based on the of the remuneration at an hourly rate to be determined by the person responsible for the care of the contractor.

(5) If the Client grants the Contractor instructions pursuant to § 2, he shall bear the costs arising from this instruction refund.

§ 10 Term and Termination

1. The term of this Agreement shall be the duration of the main contract. If the main contract can be terminated with notice, the following rules apply: the regulations on ordinary dismissal accordingly. In case of doubt, a Termination of the Main Contract shall also be deemed to be a termination of this Agreement and a Termination of this Agreement as termination of the Main Agreement.

(2) The Client shall at any time be entitled to a extraordinary termination of this contract for good cause. Good cause exists if the Contractor fails to fulfil its obligations under fails to comply with this Agreement, intentionally or grossly negligently violates or is unable to carry out an instruction of the Client or wants to. In the case of simple – i.e. neither intentional nor grossly negligent – In the event of violations, the Client shall first provide the Contractor with an appropriate Deadline within which the Contractor can remedy the violation. After fruitless expiry of this period, the Client shall then have the right to extraordinary termination.

§ 11 Deletion and return after the end of the contract

(1) The Contractor shall provide the Client with: after the termination of the main contract or at any time at its request, all documents, data and data carriers provided or, at the request of the Client, unless there is a statutory retention period, completely and irrevocably. This also applies to reproductions of the Contractor's data, such as data backups, but not for documentation that is subject to proof of the orderly and proper processing of the client's data. Such documentation is available from the contractor for a period of 30 days and to send it to the client.

(2) The Contractor shall notify the Client confirm the deletion in writing. The Client has the right to complete and contractually compliant return or deletion of the data to the control contractors in an appropriate manner; Article 7(2) of that contract shall apply mutatis mutandis.

(3) The Contractor shall also be obliged to: beyond the end of the main contract, which he or she is entitled to in connection with the confidential in the main contract.

§ 12 Liability

(1) The liability of the parties shall be based on Art. 82 GDPR. A liability of the Contractor towards the Client due to breach of obligations under this Agreement or the Main Agreement. this is unaffected.

2. The parties shall each submit to the liability if a party proves that it is not responsible in any way for the the circumstance as a result of which the damage occurred to a person concerned, is responsible. § 11 para. 2 sentence 1 shall apply in the event of an action against a party the fine imposed accordingly, with the exemption being granted to the extent that the in which the other party shares responsibility for the infringement sanctioned by the fine.

§ 13 Final Provisions

1. The Parties agree that: the defence of the right of retention by the contractor within the meaning of § 273 BGB with regard to the data to be processed and the associated data carriers is excluded.

(2) Amendments and additions to this Agreements must be made in writing.

3. The provisions of this Treaty shall be doubts about the provisions of the main contract. Should individual provisions of this Agreement, in whole or in part, shall be invalid or unenforceable or as a result of changes in legislation after the conclusion of the contract. ineffective or unenforceable, this will undermine the effectiveness of the other provisions. In place of the ineffective or unenforceable provision shall be the effective and enforceable provision which is contrary to the meaning of the and purpose as close as possible to the void provision.

4. This contract shall be subject to the right of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The legal provisions restricting the choice of law and applicability mandatory provisions, esp. of the country in which the customer is the consumer. habitually resident.

(5) If the customer is a merchant, a legal person governed by public law or a special fund under public law, the place of jurisdiction for all Disputes arising from contractual relationships between the Customer and the Provider the Provider's registered office.

 

Appendix 1 – Specification of the nature, scope and purpose of the Data processing

The client uses the SaaS solution of the provider in order to independently collect its own data about itself, its employees and its employees. as well as his beekeeping activity. The Contractor shall process such data, insofar as this is necessary for the functions of the software and/or the performance of the contract.

Appendix 2 – Description of data types and categories of data subjects

Type of data

The subject matter of this Agreement is the following types and categories of data:

• Personal master data

• Communication data (e.g. telephone, e-mail)

• Contract master data

• Log data

 

Circle of those affected

The group of persons covered by this Addendum Affected persons includes:

• Customers and interested parties of the client

• Employees and suppliers of the client