Liability for contents

The contents of our websites have been compiled with great care. Nevertheless, we cannot provide any guarantee for the correctness, completeness or up-to-dateness of the contents. As a service provider, we are responsible in accordance with Section 7 subsection 1 of the German Telemedia Act for our content on these web pages in accordance with general laws.

Pursuant to Sections 8 to 10 of the German Telemedia Act, however, as a service provider we are not obliged to monitor any third-party information communicated or saved, or to search for issues that indicate an illegal activity. Obligations to remove or block the use of information in accordance with general laws remain unaffected. However, liability to this extent is only possible from the point in time we became aware of a specific violation of a law. We will remove this content without delay once we become aware of the violation of any law.

Liability for links

Our website contains links to external, third-party websites over whose content we have no influence. For this reason, we cannot accept any responsibility for the contents of third-party websites. The providers or the operators of the websites are always responsible for any linked pages. At the time of linking to the website, the linked pages were examined for possible legal violations.

Illegal contents were not discernible when linked to the website. However, it is not reasonable to carry out a continuous check of the linked pages in the absence of specific evidence of the violation of a right. Should we become aware of any violation of a right, we will remove any link of this nature without delay.

Copyright

The contents and works compiled by the website operators are subject to German copyright law. The reproduction, editing, distribution and any type of use outside the constraints of copyright law require the written permission of the respective author. Downloads and copies of this website are only permitted for private, non-commercial use.

If the contents on this website have not been created by the operator, the copyrights of third parties have been observed. In particular, contents created by third parties are identified as such. Despite this, should you notice a violation of copyright, please inform us accordingly. Should we become aware of any violation of a right, we will remove any content of this nature without delay.

Sources: eRecht24 Disclaimer

1. Subject matter and scope

SECUDOS offers software and hardware products with the corresponding services.
services. This offer is exclusively directed to persons who are not consumers in the sense of § 13 BGB (German Civil Code), i.e. who use the services mainly for their entrepreneurial, commercial or freelance activities, hereinafter referred to as "Customers".

Customer in the sense of these General Terms and Conditions is therefore a natural or legal person or a partnership with legal capacity who, when ordering services from SECUDOS GmbH, acts in the exercise of his commercial or self-employed professional activity. All prices, services and fees that SECUDOS creates, publishes and / or makes available to customers in any form are exclusive of the value added tax for Germany applicable at the time the service is provided.

SECUDOS GmbH (hereinafter also referred to as "SECUDOS") provides all services exclusively on the basis of these General Terms and Conditions. This shall also apply in the event that the Customer uses other general terms and conditions and SECUDOS GmbH renders services with knowledge thereof.

Unless otherwise agreed, the License Terms in the version valid at the time of the End Customer's order or, in any case, in the version last communicated to the End Customer in text form, shall apply as a framework agreement also to similar future contracts, without SECUDOS having to refer to the validity of these License Terms again in each individual case.

Legally binding declarations and notifications of the end customer with regard to the contractual relationship (e.g. setting of deadlines, notice of defects, withdrawal or reduction) shall be made in writing, i.e. in written or text form (e.g. letter, e-mail or comparable). Statutory provisions and further requirements for proof, in particular in the event of doubts about the legitimacy of the person making the declaration, shall remain unaffected.

Deviating, conflicting or supplementary terms and conditions of the End Customer shall only become part of these License Terms if and to the extent SECUDOS has expressly agreed to their application. The consent requirement shall apply in any case, e.g. even if SECUDOS grants rights of use according to these license terms or provides maintenance services with knowledge of the end customer's general terms and conditions.

2. Amendment of the Contract

SECUDOS reserves the right to notify the Customer in text form of any amendments to these General Terms and Conditions two (2) months prior to their coming into effect ("Amendment Notice"). Unless the Customer objects to the amendments within four (4) weeks after the Amendment Notification, the amended version of the License Terms shall apply between the parties. SECUDOS is obliged to inform the End Customer of this consequence in the Change Notice.

If the end customer objects to the amendment, the license terms of the last agreed version shall remain valid until the expiry of the period of validity of the product and / or service last purchased by the end customer.

3. Offer and Conclusion of Contract

The offers of services, products and services presented or otherwise communicated or published by SECUDOS on the Website are subject to change without notice and are non-binding. This also applies if SECUDOS has provided documents to the end customer.

Upon request by the End Customer, also via his system house (reseller) or a distributor, SECUDOS will send him an individual, non-binding service offer in electronic, written or text form (e.g. e-mail).

By ordering the services offered by SECUDOS individually and without obligation, the End Customer makes a binding offer to SECUDOS to conclude a contract on the terms and conditions set forth in the service offer.
With the confirmation of the binding order by SECUDOS, the acceptance is declared and the contract is concluded on the terms and conditions presented in the non-binding offer of services by SECUDOS. SECUDOS may accept the binding order of the End Customer within two (2) weeks.

4. Rights of Retention

The Customer shall only be entitled to exercise a right of retention to the extent that its counterclaim is based on the same contractual relationship.

5. Transfer of risk in case of shipment

If the goods are shipped to the customer at the customer's request, the risk of accidental loss or accidental deterioration of the goods shall pass to the customer upon dispatch to the customer, at the latest upon leaving the factory/warehouse. This applies regardless of whether the goods are shipped from the place of performance or who bears the freight costs.

6. License rights of SECUDOS products

License terms for the individual SECUDOS Products are listed at docs.secudos.com (Product EULA).

7. Data protection

The Customer agrees that personal data may be stored by SECUDOS GmbH for the duration of the contractual relationship to the extent necessary to fulfill the purpose of the contract, in particular for billing purposes. Within the inventory data, the customer's telephone number is also stored in order to ensure that the customer can be reached quickly in case of urgent inquiries, to confirm orders and for general customer contact. The data will not be passed on to third parties.

SECUDOS GmbH undertakes to provide the customer, upon request and at any time, with complete and free information about the stored data, as far as it concerns the customer. SECUDOS GmbH will not forward the customer's data to third parties without the customer's consent. This shall only not apply insofar as SECUDOS GmbH is legally obligated to disclose such data to third parties, in particular to government agencies, unless the Customer objects.

SECUDOS GmbH expressly points out to the customer that complete data protection for data transmissions in open networks such as the Internet cannot be absolutely guaranteed according to the current state of technology.
Other participants in the Internet may be technically able to interfere with the network security without authorization and to control the message traffic.

8. Limitation of liability

Unless otherwise provided in these license terms including the following provisions, SECUDOS shall be liable for any breach of contractual and/or non-contractual obligations in accordance with the statutory provisions.

SECUDOS shall be liable for damages - irrespective of the legal basis - within the scope of fault-based liability in case of intent and gross negligence.

In case of ordinary negligence, SECUDOS shall only be liable for damages resulting from injury to life, body or health, for damages resulting from the breach of an essential contractual obligation (obligation, the fulfillment of which is a prerequisite for the proper performance of these license terms and on the observance of which the End Customer regularly relies and may rely); in this case, however, the liability of SECUDOS shall be limited to the compensation of the typically occurring damage foreseeable at the time of the conclusion of the contract.

SECUDOS shall not be liable for damages caused by simple negligence resulting from the breach of a non-substantial contractual obligation.
Without prejudice to the legal ground of liability, SECUDOS shall not be liable for any indirect or consequential damages, in particular for loss of profit and loss of interest, unless the damage is caused by intent or gross negligence of SECUDOS.

The End Customer is obliged to take reasonable measures to avert and mitigate any damage, in particular the End Customer shall make regular backups of data files and perform security checks (in particular to avert viruses, malware or other malicious software in the End Customer's IT systems).

To the extent that liability is effectively excluded or limited pursuant to the above sub-clauses, this shall also apply to the personal liability of the employees, other staff, bodies, representatives and vicarious agents of SECUDOS.

In case of force majeure, SECUDOS shall be released from the performance of its obligations as long as and to the extent that the impediment to performance persists. Events of force majeure shall in particular include strikes, lawful company-internal industrial action, war, riots, forces of nature, fire, sabotage attacks by third parties (such as by spam mails) or the loss of authorizations through no fault of SECUDOS, as well as the disruption of gateways by telecommunication networks which are not under the control of SECUDOS.

The legal limitations of liability in favor of providers of telemedia services and/or telecommunication services for the public remain unaffected.

9. Retention of title

We retain title to the delivered goods until full payment of all claims arising from the delivery contract. This shall also apply to all future deliveries, even if we do not always expressly refer to this. We are entitled to reclaim the object of sale if the customer acts in breach of contract.

The customer shall be obliged to treat the object of sale with care as long as ownership has not yet passed to him. In particular, he is obliged to insure it at his own expense against theft, fire and water damage sufficiently at replacement value (note: only permissible in the case of sale of high-value goods). If maintenance and inspection work has to be carried out, the customer must carry this out in good time at his own expense. As long as ownership has not yet been transferred, the customer must notify us immediately in writing if the delivered item is seized or exposed to other interventions by third parties. Insofar as the third party is not in a position to reimburse us for the court and out-of-court costs of an action pursuant to § 771 ZPO (German Code of Civil Procedure), the customer shall be liable for the loss incurred by us.

The customer shall be entitled to resell the reserved goods in the normal course of business. The customer hereby assigns to us the claims against the purchaser arising from the resale of the reserved goods in the amount of the final invoice amount agreed with us (including value added tax). This assignment shall apply regardless of whether the purchased goods have been resold without or after processing. The customer shall remain authorized to collect the claim even after the assignment. Our authority to collect the claim ourselves shall remain unaffected. However, we shall not collect the claim as long as the customer meets its payment obligations from the proceeds collected, is not in default of payment and, in particular, no application for the opening of insolvency proceedings has been filed or payments have not been suspended. (Note: This clause does not apply if no extended retention of title is intended).

The processing or transformation of the object of sale by the customer shall always be carried out in our name and on our behalf. In this case, the customer's expectant right to the object of sale shall continue to apply to the transformed object. If the object of sale is processed with other objects not belonging to us, we shall acquire co-ownership of the new object in the ratio of the objective value of our object of sale to the other processed objects at the time of processing. The same shall apply in the event of mixing. If the mixing is carried out in such a way that the customer's item is to be regarded as the main item, it shall be deemed agreed that the customer transfers co-ownership to us on a pro rata basis and shall keep the sole ownership or co-ownership thus created for us. In order to secure our claims against the customer, the customer shall also assign to us such claims as accrue to it against a third party through the combination of the reserved goods with a property; we hereby accept this assignment.

We undertake to release the securities to which we are entitled at the customer's request insofar as their value exceeds the claims to be secured by more than 20%.

10. Release

The Customer undertakes to indemnify SECUDOS GmbH internally against all possible claims of third parties, which are based on illegal actions of the Customer or errors in the content of the information provided by the Customer. This applies in particular to copyright, data protection, criminal and competition law violations.

11. Copyrights

If SECUDOS GmbH develops software and individual configurations for the Customer or on behalf of the Customer for third parties, SECUDOS GmbH shall transfer to the Customer a non-exclusive right to use the software and configurations created for the duration of the contractual relationship.

12. Warranty and notice of defects as well as recourse/manufacturer recourse

Warranty rights of the customer presuppose that he has duly fulfilled his obligations to examine the goods and to give notice of defects in accordance with § 377 of the German Commercial Code (HGB).

Claims for defects shall become time-barred 3 months after delivery of the goods supplied by us to our customer. The statutory limitation period shall apply to claims for damages in the event of intent and gross negligence as well as in the event of injury to life, body and health which are based on an intentional or negligent breach of duty on the part of the user. Our consent must be obtained prior to any return of the goods.

If, despite all due care and attention, the delivered goods show a defect which was already present at the time of the transfer of risk, we shall, at our discretion, either repair the goods or supply replacement goods, subject to timely notification of defects. We shall always be given the opportunity to remedy the defect within a reasonable period of time. Claims under a right of recourse shall remain unaffected by the above provision without restriction.

If the subsequent performance fails, the customer may - without prejudice to any claims for damages - withdraw from the contract or reduce the remuneration.
Claims for defects shall not exist in the case of only insignificant deviations from the agreed quality, in the case of only insignificant impairment of usability, in the case of natural wear and tear, or in the case of damage arising after the transfer of risk as a result of incorrect or negligent handling, excessive strain, unsuitable operating materials, defective construction work, unsuitable building ground or due to special external influences which are not assumed under the contract. If improper repair work or modifications are carried out by the customer or third parties, there shall also be no claims for defects for these and the resulting consequences.

The customer shall have no claim with respect to expenses incurred in the course of supplementary performance, including costs of travel, transport, labor, and material, including costs of removal and installation, if any, to the extent that expenses are increased because the goods delivered by us were subsequently brought to another location than the customer's branch office, unless doing so complies with the intended use of the goods.

The customer shall only have a right of recourse against us to the extent that the customer has not entered into any agreements with its customer that go beyond the statutory mandatory claims for defects. Furthermore, paragraph 6 shall apply mutatis mutandis to the scope of the customer's right of recourse against the supplier.

13. Confidentiality Obligation

SECUDOS and the End Customer agree to maintain confidentiality with respect to confidential information. This obligation shall continue to exist for a period of two years after termination of these license terms, irrespective of the reason.

Excluded from this obligation is such confidential information
which was demonstrably already known to the Recipient at the time of conclusion of these License Terms or becomes known thereafter from a third party, without any obligation of confidentiality, statutory provisions or official orders being violated thereby; which is publicly known at the time of conclusion of these License Terms or becomes publicly known thereafter, insofar as this is not based on a violation of these License Terms;
that are required to be disclosed by law or by order of a court or governmental authority. To the extent permissible and possible, the Recipient obligated to disclose shall notify the other party in advance and provide the other party with an opportunity to oppose such disclosure.

SECUDOS and the End Client shall only grant access to Confidential Information to consultants who are subject to professional secrecy or who have previously been subject to obligations equivalent to the confidentiality obligations of these License Terms. Furthermore, the parties shall disclose the Confidential Information only to those employees who need to know it for the use of and shall oblige such employees to maintain confidentiality to the extent permitted by employment law also for the time after their departure.

To the extent that SECUDOS has transmitted or handed over documents to a potential end customer in the course of contractual negotiations and these license terms are not concluded, the relevant documents shall be returned or destroyed by the end customer without undue delay, at SECUDOS' option.


14. Applicable Law, Place of Jurisdiction

These license terms between SECUDOS and the end customer shall be governed by the laws of the Federal Republic of Germany, excluding international uniform law, in particular the UN Convention on Contracts for the International Sale of Goods.

Any amendments or supplements to these license terms shall be valid only if made in writing.

If these license terms have been translated into a language other than German, the German version of the relevant provision shall be authoritative and binding in cases of doubt as to content and interpretation. The German version of these license terms is available on the SECUDOS website at docs.secudos.com.

The exclusive place of jurisdiction - also international - for all disputes arising directly or indirectly from the contractual relationship and all disputes in connection with the contractual relationship shall be the registered office of SECUDOS in Kamen. However, SECUDOS shall in all cases strive for an amicable settlement and shall first prefer to contact the arbitration court.
SECUDOS shall also be entitled to bring an action at the place of performance according to these provisions or a prior individual agreement or at the general place of jurisdiction of the end customer. Prior statutory provisions, in particular regarding exclusive jurisdiction, shall remain unaffected.

15. Miscellaneous and surrendered documents

Amendments or supplements to this contract shall only apply if they have been agreed in writing. This also applies to an amendment of this written form clause.
All declarations of SECUDOS GmbH may be addressed to the Customer electronically. This also applies to settlements within the scope of the contractual relationship.

The Customer may only set off claims against SECUDOS GmbH if such claims are acknowledged or have become res judicata.

Should any provision of this contract be or become invalid or should the contract contain a gap that needs to be filled, this shall not affect the validity of the remaining provisions. The ineffective provision or the loophole shall be replaced by a provision which comes close to the economic purpose of the agreement and which would have been agreed by the parties if they had known of the ineffectiveness of the provision.

We reserve the property rights and copyrights to all documents provided to the customer in connection with the placing of the order - also in electronic form - such as calculations, drawings, etc.. These documents may not be made accessible to third parties unless we give the customer our express written consent to do so.