Terms & Conditions
General Terms and Conditions of Digital DSB GmbH
§ 1 Validity of these conditions
1.1 All deliveries and services shall be provided exclusively on the basis of these General Terms and Conditions, unless special terms and conditions have been agreed with the Customer. In this case, the following terms and conditions shall apply in addition. General Terms and Conditions of the Customer shall not apply even if the Customer refers to them in its standard order form or otherwise in connection with its order, unless they are expressly agreed in writing.
These Terms and Conditions shall apply exclusively to commercial clients within the meaning of Section 14 (1), Section 310 (1) of the German Civil Code (BGB).
1.2 Digital DSB GmbH shall conclude contracts with clients only in application of these "General Terms and Conditions" (GTC). The terms and conditions once agreed upon shall - until revoked by Digital DSB GmbH - also be deemed agreed upon for all future contract conclusions.
Deviating, conflicting or supplementary terms and conditions of the client that have not been expressly acknowledged in writing are not binding for Digital DSB GmbH, even if they are not expressly contradicted.
1.3 Amendments and supplements to the contract must be made in writing. This also applies to any agreement to deviate from the written form itself. Verbal information, ancillary agreements and promises made by organs or employees of Digital DSB GmbH shall only be binding at any stage of the contract execution insofar as they are confirmed in writing.
1.4 Unless expressly stated otherwise in writing, charges for services offered shall apply exclusively to services within the territorial limits of the Federal Republic of Germany. The postal address of the Customer does not indicate a provision of services beyond the borders of the Federal Republic of Germany.
1.5 In addition to the contractual terms and conditions of Digital DSB GmbH, the contractual terms and conditions of use of the manufacturers and providers of digital services shall apply accordingly. These have extensive terms of use (also called license terms, general terms and conditions or similar) associated with their copyright in the products.
The client undertakes to take these terms of use into account both in his relationship with Digital DSB GmbH and with the manufacturer. As a rule, these conditions shall be handed over to the client with the product. Upon request of the client, the respective terms of use of the manufacturer or supplier will be made available by Digital DSB GmbH.
1.6 If the terms and conditions of the manufacturer contradict the terms and conditions of Digital DSB GmbH, the terms and conditions of Digital DSB GmbH shall take precedence over the terms and conditions of the manufacturer or supplier.
1.7 The client shall take into account the copyrights and patent rights of the manufacturer and supplier and shall refrain from any action that could impair these rights.
§ 2 Changes
2.1 The Terms and Conditions of Digital DSB GmbH shall apply to the business relationship with the client in their respective current version. Digital DSB GmbH shall inform the client of new versions of its terms and conditions without delay.
§ 3 Services and scope - subject matter of the contract
3.1 General
3.1.1 Unless otherwise agreed in writing, the offers, price lists and service catalogs of Digital DSB GmbH are subject to change and are not binding. The prices at the time of receipt of the order shall apply. Price increases shall be communicated to the customer without delay and shall entitle the customer to withdraw from the contract within one week of receipt of the communication. A mutually binding contract shall only come into effect upon receipt by the client of the written order confirmation from Digital DSB GmbH or upon commencement of performance by Digital DSB GmbH.
3.1.2 The scope of the contractual relationship is limited by the client's specific order. The agreed activity is in principle not aimed at achieving a specific legal or economic success, unless otherwise expressly agreed in writing. The assignment of the respective processing shall be made by Digital DSB GmbH.
3.1.3 Digital DSB GmbH shall procure or arrange for the defined positions for the client within the scope of the authority granted by the contractor. Digital DSB GmbH may procure the described services such as, in particular, procurement of software licenses, SaaS (Software as a Service), individual customizations, consultations, trainings and appointment of external data protection officers from external suppliers on behalf of the client.
3.1.4 Notice of termination shall be sent exclusively by letter post to: Digital DSB GmbH, Lederstr. 116, D-72764 Reutlingen.
3.1.5 Digital DSB GmbH shall be entitled to make copies of the written documents made available to it and to take them into its files and to store data of the client and from business transactions with the client in an electronic data processing system for its own purposes. The Customer expressly gives its consent to this in accordance with §12 of the General Terms and Conditions.
3.2 Ordering SaaS, Software as a Service, services
3.2.1 In the event of an order for SaaS for the Client, Digital DSB GmbH shall procure the contractual services, in particular access to the software. The provision shall take place from the interface data center of the supplier commissioned by Digital DSB GmbH.
Access to the supplier's systems by the client shall be via remote data transmission or Internet with data encryption. The scope of services, the nature, the purpose of use and the conditions of use shall be as set out in the respective service description, supplemented by the operating instructions for the software.
3.2.2 Additional services, such as special adaptations or the development of individually tailored solutions, require a separate contract.
3.2.3 Digital DSB GmbH and any commissioned suppliers may provide updated versions of the software.
3.2.4 The hardware and software for the SaaS Services as well as the server-side data transmission bandwidth required for operation shall be provided by the selected supplier. Likewise, the maintenance of the software shall be carried out by the supplier.
3.2.5 The Customer shall receive the non-exclusive, non-transferable right, limited to the term of the contract, to access the software provided by the Supplier via the Internet in order to use it for its own business purposes, exclusively in the performance of its business activities.
3.2.6 Customer shall not be entitled to use the Software beyond the use permitted under this Agreement, to have it used by third parties or to make it available to third parties.
3.2.7 The SaaS Service may be terminated annually by either party subject to a two-month notice period. For the period of one year from acceptance of the offer by the Customer, both parties waive the right of termination to which they are entitled under this clause of the agreement.
3.2.8 An extraordinary right of termination shall exist in the event of serious breaches of contract if the contractual condition is not restored within a reasonable period of grace and all resulting damage is compensated.
3.2.9 Digital DSB GmbH shall have a right of extraordinary termination of this contractual relationship in the event of the opening of insolvency proceedings against the assets of the Customer or in the event of the rejection of an application for the opening of such proceedings for lack of sufficient assets.
3.2.10 Notice of termination shall be sent exclusively by letter post to: Digital DSB GmbH, Lederstr. 116, D-72764 Reutlingen.
3.2.11 The Customer's data stored on the servers of Digital DSB GmbH or a SaaS partner shall be downloaded by the Customer onto its system in good time before the date of termination. Standard exports shall be provided by the Supplier for this purpose. The Supplier shall irrevocably delete the data stock as well as the access IDs after expiry of the relevant statutory retention obligations.
§ 4 Cooperation of the client
4.1 The client shall support Digital DSB GmbH in the provision of the services to a reasonable extent.
4.2 The client shall be obligated to check all documents without delay to ensure that the facts stated therein are correct and completely reproduced. In the case of the procurement of digital services by Digital DSB GmbH, the inspection for completeness, conformity according to the delivery documents and for any defects in the same shall be carried out by the client immediately after delivery.
The inspection and complaint obligations apply in accordance with § 377 HGB. Complaints must be made in text form. If a complaint is not made within five days of delivery, the goods shall be deemed to have been properly and completely delivered, unless the defect was not recognizable during the inspection.
4.3 Within the scope of commissioned Saa-Services, the input, administration and processing of data shall be the sole responsibility of the Customer. The Supplier shall not check this data for plausibility or correctness. The Customer assures that all content stored by him on the Supplier's systems is free of third party rights and can be freely used, copied or changed.
4.4 Customer undertakes to comply with the provisions of the Data Protection Act and the General Data Protection Regulation as amended from time to time, in particular with regard to the processing of personal data of Customer by Supplier or a SaaS Partner within the scope of the SaaS Services. Customer shall indemnify and hold Supplier harmless for all violations of data protection regulations that are not due to Supplier's negligence.
4.5 The hardware and software as well as data transmission bandwidth required for access to the SaaS at Customer's site shall be provided by Customer and Customer shall be solely responsible therefor. In this context, the Customer shall in particular ensure that they are updated (security updates, etc.), properly operated and adequately protected against viruses.
Initial access to Saa-Services shall be set up for the Customer after receipt of the annual usage and license fees, as a rule within 7 working days.
4.6 The Customer shall be responsible for proper data backup.
4.7 Unless otherwise stated in the order, the Customer shall accept the consulting/training service within three months of order confirmation.
4.8 If the client cancels the appointment within 5 working days before the scheduled and confirmed appointment, Digital DSB GmbH reserves the right to charge a lump sum of 500 €.
4.9 The following system requirements are assumed for the client: at least Windows 10 and at least MS Office 2013.
§ 5 Rights to the embodied performance results
5.1 All copyrights to the embodied performance results provided by Digital DSB GmbH shall remain with Digital DSB GmbH. The passing on, utilization and/or publication of the performance beyond the contractually specified purpose requires the prior written consent of Digital DSB GmbH.
In the event that the service is passed on, exploited and/or published, the client shall be responsible for compliance with the statutory provisions. In this respect he shall indemnify and hold Digital DSB GmbH harmless from any claims by third parties.
5.2 Digital DSB GmbH grants the client the non-exclusive, permanent, irrevocable and non-transferable right to use the embodied service results provided within the framework of the contract, including those of third parties commissioned on a representative basis, insofar as this results from the purpose and area of application of the contract. These rights include the agreed interim results, training materials and aids, excluding certificates and logos.
§ 6 Remuneration
6.1 The services shall be invoiced in accordance with the offers, price lists and the like valid at the time the contract is concluded. Upon sending the order, Digital DSB GmbH has the right to invoice the client for a down payment in the amount of € 350 plus VAT.
In the event that digital services such as software or SaaS (Software as a Service) are ordered, an advance payment in the amount of the annual usage and license fee shall be due for procurement. The procurement shall only be carried out after receipt of the payment.
6.2 If the provision of services extends over a period of more than one year or if services are provided repeatedly, Digital DSB GmbH may adjust the remuneration, price lists and the like agreed and valid at the time of conclusion of the contract in accordance with the consumer price index for Germany officially determined by the Federal Statistical Office (based on 2010 = 100) in relation to the index published for the month of conclusion of the contract, provided there is a change of at least ten percent.
6.3 Material costs shall be remunerated separately. Waiting times of Digital DPO employees or employees of third party providers commissioned on behalf of the Client for which the Client is responsible shall be remunerated as working times. Unless expressly stated otherwise, the total prices and times stated in offers are non-binding estimates of the costs and time to be expected after professional calculation.
The remuneration for the execution of training and consulting days is based on the agreed fixed price. One day comprises a maximum of 8 hours including breaks. Additional time and incidental costs shall be remunerated separately.
6.4 The calculation shall be based on the company data, number of locations, scope of application, number of users of the software and the scope of the license ordered. In the event of changes, the calculation may have to be adjusted.
6.5 In the event that the proper execution of the order should result in necessary modifications or exceedances of the agreed order volume, Digital DSB GmbH shall be entitled to make such modifications on the basis of these General Terms and Conditions even without a written order, provided that the most recently agreed fee is not exceeded by 15{a4b66f66f8df271b0994084f1b6a3618dc42a0e48475abba0897b735e6f26666}. If the modification exceeds 15{a4b66f66f8df271b0994084f1b6a3618dc42a0e48475abba0897b735e6f26666} then this must be agreed in writing before the additional service is provided. If the last agreed fee increases by more than 50{a4b66f66f8df271b0994084f1b6a3618dc42a0e48475abba0897b735e6f26666} due to this modification of the scope of the order, the client is entitled to withdraw from the contract within three days of notification of the new fee. However, the Client shall pay remuneration for the scope of services already rendered in the amount agreed for this purpose.
6.6 Travel expenses shall be charged at € 0.85 per km traveled, unless this has been agreed separately in the contract. Expenses are included in the travel costs.
6.7 Should it appear sensible on the part of Digital DSB GmbH in individual cases, albeit without compelling necessity, to call in persons with special expertise or other qualifications from other European countries, travel time, travel costs and expenses shall be charged according to expenditure.
6.8 The client shall only be entitled to set-off rights if his counterclaims have been legally established, are undisputed or have been acknowledged in writing by Digital DSB GmbH.
A right of retention on the part of the Client is excluded unless the Client's counterclaim arises from the same contractual relationship and is undisputed, acknowledged in writing or legally established.
§ 7 Deadlines / Dates
7.1 The contractually agreed deadlines and dates are based on estimates of the scope of work based on the information provided by the Client. These time specifications shall only become binding if they have been expressly specified in writing as "binding" by Digital DSB GmbH. Delays do not entitle the client to assert claims, regardless of the legal title.
7.2 Binding deadlines begin with the complete agreement in all parts of the contract and on all conditions of the service and end with the provision of the service by Digital DSB GmbH. They shall lose their binding force if the Client is in default with his obligations under the provisions of these GTC, in particular §§ 3 and 4 - for whatever reason.
7.3 If the fulfillment of the order is delayed by circumstances for which Digital DSB GmbH is not responsible (e.g. operational disruptions, strike, force majeure, transport obstacles, etc.), Digital DSB GmbH shall be entitled, to the exclusion of warranties, claims of error and/or claims for damages, either to withdraw from the contract or to extend the deadline appropriately.
This shall also apply if the events occur at a time when Digital DSB GmbH is already in default. Digital DSB GmbH shall notify the client of this in good time. In the event of withdrawal, Digital DSB GmbH shall be entitled to invoice the client for partial services rendered up to that point at the prices agreed for them.
7.4 Any SaaS licenses may be terminated annually by both contracting parties subject to a two-month notice period. For a period of one year from acceptance of the offer by the Customer, both parties waive the right of termination to which they are entitled under this clause of the contract.
§ 8 Payment terms / Default
8.1 The prices are net prices plus the applicable statutory value added tax.
8.2 The due date of payment begins with the invoice date or according to the order confirmation. After successful on-site appointments such as for consulting, training, etc., travel expenses may be invoiced separately. After receipt of payment the certificate will be sent to the client.
In the case of procurement of digital services and service such as in particular software licenses, SaaS services, etc. by Digital DSB GmbH on behalf of the client, the amount invoiced is to be paid in advance. Unless otherwise agreed, order items of this type shall only be procured for the Customer after receipt of payment.
8.3 If the client defaults on a payment in whole or in part, Digital DSB GmbH shall be entitled to charge the statutory interest of 8{a4b66f66f8df271b0994084f1b6a3618dc42a0e48475abba0897b735e6f26666} p.a. above the base interest rate from the point in time concerned and to charge its own reminder costs of € 15.00 per reminder.
Digital DSB GmbH may choose to demand payment of outstanding debts - including those from other contracts and irrespective of deviating payment agreements - and to wait until payment is made before fulfilling the order, or to perform outstanding services only in return for advance payments or securities, or to withdraw from the contract without notice and demand compensation for damages due to non-fulfillment.
In the event that Digital DSB GmbH commissions digital services and services such as, in particular, software licenses, SaaS services, etc. on behalf of the client, a delay in payment shall result in the immediate expiration of the corresponding services.
8.4 Invoice complaints shall be notified to Digital DSB GmbH in writing and substantiated within a period of two weeks after receipt of the invoice, otherwise the invoice shall be deemed accepted.
8.5 The client shall not be entitled to offset claims - of any kind whatsoever - unless these have been legally established by a court of law or acknowledged in writing by Digital DSB GmbH.
8.6 The client further undertakes to reimburse Digital DSB GmbH for the costs and expenses actually incurred as a result of his default in payment and which are necessary for the appropriate legal prosecution. These include, without prejudice to any obligation to reimburse costs under procedural law, in particular, the out-of-court costs, the costs of reminders, the costs of a collection agency, and the costs of intervening lawyers, insofar as they were appropriate and necessary.
8.7 Several contractual partners shall be liable jointly and severally.
§ 9 Power of attorney
9.1 The client grants Digital DSB GmbH power of attorney for the proper and legally effective execution and processing of the order.
9.2 This power of attorney extends in particular to the following powers:
- For the proper mediation, processing and execution of the
the subject matter of the contract.
- Issuance and acceptance of declarations of intent and performance of legal transactions, in particular
legal transactions, in particular legal transactions that must be received, such as
termination, rescission and withdrawal from contractual relationships.
- Transfer of the power of attorney in whole or in part to others, as well as the granting of
of sub-authorizations.
9.3 Digital DSB GmbH shall be entitled, but not obliged, to use the power of attorney. If Digital DSB GmbH makes use of the power of attorney beyond the purposes listed in Section 9.2, indents 1-3, this shall be notified to the client; in particular, Digital DSB GmbH shall only be obligated to file appeals and legal remedies in favor of the client if this has been expressly agreed in writing and confirmed in writing by Digital DSB GmbH. In this regard, a status report can be provided upon request - in writing or by telephone. Digital DSB GmbH shall in principle be entitled to carry out its services at its own discretion and to take all steps as long as this does not contradict the order or the law.
9.4 By expiration of the underlying legal relationship the power of attorney shall be deemed revoked at the respective end of the remaining term.
9.5 The power of attorney does not extend to legal advice within the meaning of the Legal Services Act (RDG). Insofar as activities from the power of attorney by Digital DSB GmbH affect legal services according to the RDG, these shall be provided by Digital DSB GmbH free of charge.
Digital DSB GmbH shall ensure that the legal service is provided by a person who is permitted to provide this legal service for a fee, by a person qualified to hold judicial office or under the guidance of such a person, whereby the competence can be queried at info@digital-dsb.eu with Digital DSB GmbH.
§ 10 Qualitative performance fault
10.1 If the client is not a consumer within the meaning of § 1 of the German Civil Code (BGB), he shall inspect the services of Digital DSB GmbH immediately after the service has been rendered and assert any defects discovered or ascertainable in writing without delay, but no later than seven calendar days after the service has been rendered, otherwise excluding any liability on the part of Digital DSB GmbH. Hidden defects must be reported in writing immediately after their discovery, but still within the warranty period. Any notices of defects shall not entitle the customer to withhold invoice amounts in whole or in part.
10.2 Warranty claims of the client - also for so-called incorporeal works, e.g. for reports etc. - shall expire one year after completion of the work. - shall expire one year after completion of the service provision by Digital DSB GmbH. The warranty period shall neither be extended nor interrupted by improvement, nor by attempts at improvement, especially if these are made outside the warranty period hereby agreed.
10.3 When procuring SaaS services, the supplier commissioned by DDSB shall owe a professional effort and careful performance of services. However, due to the current state of the art, the supplier cannot guarantee an uninterrupted and error-free operation of hardware, software and data connections as well as the completely trouble-free provision of the SaaS services.
10.4 In the event of malfunctions and complaints, the client shall immediately inform Digital DSB GmbH or the supplier in writing of the detailed circumstances and possible causes of the malfunction and, if possible, assist in the search for the cause of the malfunction.
10.5 The Supplier shall implement appropriate measures to prevent the loss of the Customer's data, such as protection against unauthorized access (both physical and electronic). Should data loss occur due to improper operation of the SaaS Services by the Customer, the Customer shall bear the costs for the expenses incurred by Digital DSB GmbH which are necessary for the recovery of the lost data.
10.6 In the event of defects which are subject to a possible warranty obligation and which do not relate to availability, the client shall set Digital DSB GmbH a reasonable deadline and give Digital DSB GmbH or the supplier the opportunity to rectify the defect. If the rectification fails, the fee owed by the client for the month in question shall be reduced to the extent of the impairment of the service provision. In the event of serious defects which directly and substantially impair the use of the software, the Customer shall have the right to terminate the contract prematurely.
10.7 Claims for damages and claims based on and arising out of error that result from any defective delivery or service are expressly excluded unless employees of Digital DSB GmbH have justified such claims intentionally or through gross negligence.
§ 11 Indemnification from defects of title
11.1 A prerequisite for liability for defects of title is that Digital DSB GmbH has been notified in writing by the client within 7 calendar days of the client's first knowledge of such claims. Furthermore, the client shall leave all defense and settlement negotiations to Digital DSB GmbH. He has to give all necessary authorizations for judicial or extrajudicial measures. He shall not acknowledge the claims of the third party without the written consent of Digital DSB GmbH, or otherwise influence the defense of the claims by Digital DSB GmbH through actions not coordinated with Digital DSB GmbH. In such a case, Digital DSB GmbH reserves the right to modify or replace software.
11.2 If claims are asserted against the client on the grounds of defective title, Digital DSB GmbH may modify or replace the service at its own expense to an extent that is reasonable for the client.
11.3 Further claims of the Client due to an infringement of third party property rights are excluded. This exclusion shall not apply in the event of the existence of a guarantee or warranted characteristic, fraudulent concealment of a defect in title, personal injury and intent or gross negligence.
§ 12 Liability
12.1 If the client asserts claims for damages against Digital DSB GmbH, he shall be obliged to prove both causation, illegality and fault as well as the degree of fault. The assignment of warranty and damage compensation claims to third parties, etc. is not permitted.
12.2 Claims for damages of any kind against Digital DSB GmbH, its legal representatives, employees and its vicarious agents, in particular also those based on tortious liability, breach of duty and from the breach of the obligations listed in § 311 BGB (German Civil Code), are limited to grossly negligent or intentional conduct.
12.3 Digital DSB GmbH shall be liable in the event of intent and gross negligence on the part of its vicarious agents who are not executive employees only to the extent of typically foreseeable damages. The limitations of liability shall not apply in the case of damage to life, limb or health, in the case of breach of cardinal obligations or if liability is mandatory on the basis of the Product Liability Act.
12.4 Digital DSB GmbH shall not assume any liability for the success intended by the provision of the service. This includes in particular the use of SaaS services. Digital DSB or the Supplier shall only be liable for the loss of data if it has not fulfilled its obligation to back up data. Liability for system malfunctions caused by incompatibility of the components present on the client's system or existing misconfigurations or outdated drivers is excluded in any case.
12.5 The services of Digital DSB GmbH are merely aids to compliance with the obligations under the relevant data protection regulations by the client, who shall remain solely responsible for compliance with these obligations. Digital DSB GmbH shall not assume any liability in this regard.
12.6 Digital DSB GmbH or the supplier shall not be responsible for disruptions to the connection to the Internet if the disruptions are due to failures on the part of the access provider. The latter is not to be regarded as an accessory of the Contractor.
12.7 If the damage relates to utilization of SaaS, the maximum compensation for damages shall in any case be limited to the amount of the annual usage and license fee.
12.8 The claims for damages against the respective other contracting party shall become statute-barred, unless liability is based on intent, in accordance with the statutory provisions, however, no later than three years after the breach of duty or the tortious act. In the event of loss of data Digital DSB GmbH shall only be liable for the expenditure which would have been necessary for the recovery of the data if the client had properly backed up the data.
12.9 If the client suffers damage as a result of Digital DSB GmbH exceeding a bindingly agreed performance deadline through its own fault, this damage may be claimed up to a maximum of 5{a4b66f66f8df271b0994084f1b6a3618dc42a0e48475abba0897b735e6f26666} of the part of the order affected by the delay.
12.10 Liability for consequential harm caused by a defect, in particular for loss of profit, loss of savings, loss of earnings, other financial losses, interest damages, etc. is expressly excluded. Any legal liability that may nevertheless exist shall be subject to all of the limitations listed under "Liability".
12.11 Digital DSB GmbH shall not be liable for the creditworthiness of the contracting parties concluded through mediation.
12.12 Furthermore, Digital DSB GmbH shall not assume any guarantee for the achievement of any economic, legal, tax or other goals pursued by the client.
12.13 Digital DSB GmbH shall not assume any liability for the correct, complete or timely fulfillment of any information or clarification obligations on the part of the mediated contracting parties. Insofar as it voluntarily transmits corresponding information in individual cases, it shall not assume any liability for this. In particular, Digital DSB GmbH does not check any information in documents. Liability for such information is excluded, even if it is passed on by Digital DSB GmbH.
§ 13 Copyrights and industrial property rights
13.1 Insofar as software is part of the scope of delivery, it shall be provided to the commercial customer solely for one-time resale to the commercial end customer for its sole use, i.e. it may neither copy nor modify it nor provide it to others for use. A multiple right of use requires a special written agreement.
The software shall be delivered in accordance with the manufacturer's license agreements, compliance with which the customer already assures at this point. He shall oblige his customers accordingly. He shall immediately report any breach of contract by a customer to Digital DSB GmbH.
13.2 The Customer may not remove, alter, cover over or in any other way obscure any references on the contractual products to copyright, trademark or other proprietary rights. The client shall only be entitled to use or translate supplied documentation material for commercial purposes with the prior consent of Digital DSB GmbH.
13.3 Digital DSB GmbH shall not assume any liability that the contractual products do not infringe any industrial property rights or copyrights of third parties. The client shall immediately inform Digital DSB GmbH of any claims made against him for this reason.
13.4 Insofar as the delivered products were manufactured according to designs or instructions of the client, the client shall indemnify Digital DSB GmbH against all claims asserted by third parties due to the infringement of industrial property rights and copyrights.
§ 14 Data protection / secrecy
14.1 Digital DSB GmbH has obligated its employees and other vicarious agents to maintain secrecy about all facts that come to their knowledge as a result of the order.
14.2 The client shall permit Digital DSB GmbH to make copies for the files of Digital DSB GmbH of written documents, specifications, service catalogs, plans, etc. which are provided to Digital DSB GmbH for inspection and which are necessary for the fulfillment of the order, or to store these.
14.3 The client shall permit Digital DSB GmbH to store and electronically process personal data within the meaning of the German Data Protection Act.
14.4 Digital DSB GmbH shall collect, process and use personal data only to the extent that such data is required for the establishment, content, execution, fulfillment and modification of the contractual relationship established with the client.
14.5 The Client agrees that data from the order documents and/or the execution of the contract may be transmitted to third parties, insofar as this is necessary for the proper mediation, processing and execution of the subject matter of the contract. Personal data may only be transferred to the extent that this is appropriate and necessary for the mediation, processing and execution of the subject matter of the contract, as well as to fulfill the requirements and wishes of the Client, in particular for the purpose of initiating and executing the contract.
14.6 Digital DSB GmbH furthermore collects personal data in order to be able to inform the client and interested parties about new products. The client may revoke his consent to the storage of personal data for the future at any time. The recipient of the revocation is Digital DSB GmbH, Lederstr. 116, 72764 Reutlingen. Digital DSB GmbH shall be entitled to pass on the personal data to the third parties commissioned to perform the contractual services in accordance with § 1 para. 2.
14.7 The client shall ensure that Digital DSB GmbH is informed of all relevant facts beyond the scope of the statutory regulations, the knowledge of which is necessary for Digital DSB GmbH for reasons of data protection and confidentiality.
14.8 The Client is aware that it must obtain the consent of the persons concerned in an appropriate form prior to the performance of the contractual service.
§ 15 Final provisions
15.1 Amendments and ancillary agreements must be made in writing. This shall also apply to the written form clause and termination.
15.2 Further terms and conditions are excluded unless otherwise agreed in this contract. If the client is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be the registered office of Digital DSB GmbH, currently Reutlingen.
However, Digital DSB GmbH shall be entitled to sue the client at the place of jurisdiction generally applicable to the client.
§ 16 Severability clause
Ineffective provisions of this agreement shall not affect the effectiveness of the remaining provisions. In the event that a clause of this agreement is invalid, the contracting parties agree to replace it with a valid clause that comes as close as possible to the meaning and purpose of the invalid clause. The GTC apply to consumers (in the sense of §13 BGB) only insofar as they are not opposed by mandatory regulations
Digital DSB GmbH
Lederstraße 116,
72764 Reutlingen
Telephon: +49 7121 744 00 63
Geschäftsführer: Jochen Murschel
Handelsregister AG Stuttgart HRB 765206
UST-ID: DE319561018
Stand: 10.09.2019