General Terms and Conditions of permSECURE GmbH

from 11.05.2020

1. Scope

I. The terms and conditions of permSECURE GmbH (hereinafter referred to as permSECURE) are governed exclusively by these General Terms and Conditions (GTC), unless otherwise agreed in text form between permSECURE and the contractor (customer). By placing an order, the customer accepts the GTC.

II. Conflicting or deviating general terms and conditions of the customer are only recognized if permSECURE agrees to them in writing.

2. Prices and terms of payment

I. Prices are based on the current permSECURE price list.

II. Invoices are to be settled according to the specified payment term. A payment is only considered seftled when permSECURE can dispose of the amount.

3. Special features for the billing of services

I. Remote service is recorded from a duration of half an hour per session and collected over several sessions. If a session runs for less than 30 minutes, it is still recorded and charged as a 30-minute minimum effort, since each session usually requires preparation and follow-up, regardless of whether the full 30 minutes were spent purely on the session.

II. If a customer orders remote or on-site service, the following deadlines apply to the cancellation of appointments defined and confirmed by both parties. An appointment is considered confirmed when the customer has received a calendar invitation and has accepted it electronically, so that the entry at permSECURE is shown as “accepted”: If an agreed appointment is not cancelled by the client in writing or electronically at least 3 working days (Monday to Saturday) before the start of the appointment (time), the entire agreed service cost (fravel costs, service costs) will be charged.

If the cancellation of the appointment takes place between 10 working days and 3 working days before the start of the agreed service appointment, the customer will be charged for the incurred travel costs or costs for their cancellation. This applies in particular to flight costs.

III. If a customer orders more than 5 days of remote or on-site service and billing is agreed on a time and material basis (no contingent), a 20 percent deposit of the total amount of all days ordered is due when the order is placed.Tage fällig.

4. Claims in case of defects (warranty and liability)

I. Any warranty of permSECURE for all provided services and delivered software is limited to a period of one year after acceptance. If permSECURE culpably does not fulfill its obligation to remove defects within the warranty period or if the removal of defects finally fails after at least 2 attempts, the customer has the right of substitute performance. Only in the case of a failed substitute performance the customer has the right to reduce the price, to withdraw from the contract or to claim damages.

II. permSECURE is only liable for damages due to defects of title, for intent and gross negligence (except liability for damages to body and health). For negligent breaches of contract permSECURE is only liable concerning damages, which can typically be expected in connection with the contractual service and only up to an amount of EUR 50,000.00. For the rest, any liability is excluded, especially also for data loss and consequential damages to other objects of the client, for financial losses, loss of profit and consequential damages.

5. Withdrawal in case of deterioration of assets

I. permSECURE may withdraw from the contract if it becomes aware of a cessation of payments, the opening of bankruptcy or judicial composition proceedings, the rejection of bankruptcy for lack of assets, bill or check protests, or other concrete indications of deterioration in the financial circumstances of the customer.

6. Third-party software and literature

I. In the case of delivery of software, the special license and other conditions of the manufacturer shall apply in addition to our conditions. By accepting the software, the customer expressly acknowledges their validity.

7. Use of customer data

I.permSECURE is entitled to process all data concerning the business relationship with the buyer in accordance with the Federal Data Protection Act (Chapter IV DSGVO). You can object to this use at any time.

8. Applicable law

I. German law shall apply in cross-border delivery transactions. The validity of the UN Convention on Contracts for the International Sale of Goods is excluded.

9. Jurisdiction

I. In business transactions with merchants, and with legal entities under public law, the place of jurisdiction for all legal disputes arising from the contract, including actions on bills of exchange and checks, is agreed to be Berlin; nevertheless, permSECURE is entitled to file suit at the customer’s place of business.

10. Severability clause

I. If one or more provisions of the supply contract or of these General Terms and Conditions should be wholly or partially invalid or lose their legal validity, this shall not affect the validity of the remaining provisions.