General terms of business of infsoft GmbH

§ 1
Scope

(1) All services, proposals, contracts and deliveries from infsoft GmbH (subsequently referred to as "infsoft") are made exclusively on the basis of the provisions below. The customer's terms of business which deviate from these terms, especially purchase terms, become a contractual component only after express written acceptance by infsoft. Otherwise, customer's terms of business which deviate from these terms do not apply, even though infsoft has not specifically dissented from them.

(2) These terms also apply to all future services, even when their validity is not specifically re-agreed.

(3) These terms do not apply to contracts concluded with end-users.


§ 2
Services

(1) The object of the performance due from infsoft results from infsoft's specific performance description with respect to the customer.

(2) For IT services from infsoft, especially as part of the tracking and tracing service, infsoft grants the customer a single, limited, non-exclusive and non-transferable right of use, limited to the duration of the contract.

(3) Where IT services from infsoft depend on the accessibility of the Internet, this is something over which infsoft has no influence and for which it accepts no warranty.


§ 3
Customer's duties of cooperation

(1) As part of the tracking and tracing service, and as long as nothing different is agreed with him in writing, the customer is obliged to obtain the performance data, especially those required for localization; infsoft accepts no warranty for the correctness, accuracy, or currency of the information and data made available by the customer or by third parties.

(2) The customer agrees to ensure that the performance data, especially position data of third parties, is provided in compliance with legal requirements and within the framework of the currently applicable data protection provisions of the location of use. If measures are required to make personal data anonymous, then it is up to the customer to ensure this. If claims are made against infsoft in relation to this by a third party, then upon first request the customer must indemnify infsoft from such claims.

(3) The customer is obliged to take suitable measures to prevent the information and data prepared, evaluated, and provided by infsoft from misuse by third parties.


§ 4
Property rights

(1) All infsoft's services are protected by copyright, trademark, patent, or other property rights, and must be used only in the form released by infsoft. Through the use of the services and IT solutions made contractually available and accessible to him, the customer obtains no copyright or other intellectual property rights.

(2) The customer is not authorized to modify or remove copyright notices, trademarks, or other details relating to infsoft from the services made available.


§ 5
Usage rights

(1) Using infsoft services and tools is reserved for authorized users only. Excluded from use are external companies and other third parties who have not been explicitly granted the right of use.

(2) As a rule, the usage right is limited to the locations referenced for the services and tools. Without agreement of infsoft, the provided services and tools cannot be transferred or extended to other locations.


§ 6
Payment

(1) The payment for the services provided by infsoft is based upon the agreement made with the customer. The prices exclude value added tax at the legally applicable rate.

(2) As long as nothing different is agreed with the customer in writing, provision of IT use and IT services is invoiced in advance for each contractual year.

(3) The access to the Internet required for the use of IT software services may result in additional costs which are not contained in infsoft's scope of services.


§ 7
Conditions of payment

(1) Payments are due without deduction within 30 days after the date of invoicing. Discount will be granted only by advance written agreement. After expiration of the payment period, the customer will be in arrears, without there being a reminder notice.

(2) If the customer falls into arrears, infsoft has the right, without prejudice to further claims, to invoice interest at the level of 12 percentage points above the base interest rate. For every reminder notice after the occurrence of arrears, arrears expenses of € 3.00 will be invoiced.

(3) The provision of infsoft's services is conditional upon the customer punctually fulfilling his payment obligations.


§ 8
Guarantee

(1) infsoft guarantees the correct functioning as per the performance description.

(2) In order to maintain his rights under guarantee, the customer must make a written notification of defects immediately after the service is delivered or becomes available.

(3) If infsoft provides contracted services which are defective, then the customer has the right to demand supplementary performance. If supplementary performance is not possible or it fails, then the customer has the right to reduce the payment or to withdraw from the contract. Withdrawal is excluded for insignificant defects.

(4) The customer's claims for defects expire one year after delivery of the services.

(5) infsoft is not responsible for the correctness and completeness of the data provided by the customer, nor for the perfect functioning of the Internet site within the customer's server and system environment.

(6) Liability for compensation for damages – without prejudice to mandatory legal provisions – exists only under the prerequisites specified in section § 8.


§ 9
Liability

(1) infsoft is liable for damages only to the extent that infsoft is responsible for intent or gross negligence.

(2) infsoft is liable for slight negligence only for infringement of an obligation whose fulfillment actually makes the correct execution of the contract possible in the first place, or of an obligation upon which the customer should usually be able to rely (so-called cardinal obligation). Otherwise, liability to compensate for damages of any type is excluded, regardless of the basis of the claim. This exclusion applies to liability for default when the contract is concluded.

(3) If infsoft is liable on the basis of slight negligence, then liability is restricted to the damages whose occurrence must typically have been expected under the circumstances known at conclusion of the contract.

(4) The above exclusions and restrictions relating to liability also apply to the benefit of infsoft's employees, vicarious agents, or other third parties used by infsoft for fulfillment of the contract.

(5) The above exclusions and restrictions relating to liability do not apply to fatal injury, personal injury and damage to health, nor to damages which are to be compensated according to the law on product liability, nor if infsoft has undertaken a guarantee of the characteristics of the service.

(6) A priori, infsoft is not liable for service interruptions or consequential damages arising from force majeure, or in particular from interruptions to telecommunication channels for which infsoft is not responsible.


§ 10
Duration of contract

(1) Unless otherwise agreed in writing with the customer, the contract has a fixed duration of one year (minimum contract duration). It is extended by one year at a time, unless it is terminated with a notice period of three months at the end of the minimum contract period or at the end of the respective extension period of one year.

(2) The right to extraordinary termination remains unaffected.

(3) Notice of termination must be in the written form.


§ 11
Data protection

(1) Within the contractual relationship, the applicable provisions of the Federal Republic of Germany relating to data protection must be complied with.

(2) infsoft complies with all relevant provisions relating to data protection. The usage data remains stored for so long as is required to provide the service, or for as long as legal provisions prescribe.

(3) If infsoft requires the end user's personal data for the purpose of implementing the contract, then these are collected and stored to the extent necessary for the implementation of the contract.


§ 12
Other provisions

(1) If one of the provisions listed above is or becomes of no effect, or if a provision which is of itself necessary is not included, then this has no effect of the validity of the remaining provisions. Instead of the ineffective provision or in order to remedy a loophole in the provisions, a provision will apply which as fas as possible corresponds to what the parties intended or would have intended according to the intent and purpose of these provisions, if they had recognized the loophole in the provisions.

(2) Modifications and additions to these general terms of business are valid once the customer has been informed of them.

(3) The place of fulfillment and the exclusive place of jurisdiction for all disputes between infsoft and the customer is Ingolstadt.

(4) The implementation of this contract and the utilization of infsoft's services are subject to German law, under the exclusion of international civil law.