{"id":1108,"date":"2022-10-10T19:34:45","date_gmt":"2022-10-10T18:34:45","guid":{"rendered":"https:\/\/buchassist.com\/agb\/"},"modified":"2022-12-20T17:42:00","modified_gmt":"2022-12-20T16:42:00","slug":"agb","status":"publish","type":"page","link":"https:\/\/www.buchassist.com\/en\/agb\/","title":{"rendered":"TOS"},"content":{"rendered":"\t\t
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Buchassist<\/p>\n

General terms and conditions<\/p>\n

Accentoris AG<\/p>\n

These General Terms and Conditions (“GTC”) govern the contractual relationship between Accentoris AG<\/p>\n

(“Provider”) and its customers (hereinafter “Customer”). By filling in the<\/p>\n

Login screen for registering and ordering a user account (“Buchassist account”) on the website<\/p>\n

of the Provider, the Customer accepts the following provisions without reservation. The provider retains<\/p>\n

reserves the right to make subsequent changes or additions to the GTC. These are<\/p>\n

become an integral part of the contract, unless the customer objects within 14 days of becoming aware of them.<\/p>\n

The current version is published on the provider’s website (https:\/\/www. Buchassist.com\/).<\/p>\n

published.<\/p>\n

    \n
  1. Subject of the contract<\/li>\n<\/ol>\n

    1.1. With the software and plugin Buchassist (hereinafter “Buchassist”), the Provider provides for its customers<\/p>\n

    predominantly Software as a Service (“SaaS”) services via the Internet in the area of<\/p>\n

    business management software. In addition, the Provider provides further services<\/p>\n

    in different areas (hereinafter collectively referred to as “Services”). For the respective<\/p>\n

    Scope of services and the conditions is referred to the current service description on the<\/p>\n

    Website of the provider referred to. The subject of the contract is in particular:<\/p>\n

      \n
    1. a) the provision of the Buchassist software for use via the Internet;<\/li>\n
    2. b) the storage of the Customer’s data (“Data Hosting”);<\/li>\n
    3. c) providing various add-ons in addition to the Buchassist software. The<\/li>\n<\/ol>\n

      Add-ons are partly offered by the provider itself, partly by third parties.<\/p>\n

      The add-ons can be installed directly in the buchassist account<\/p>\n

      ordered, respectively set up.<\/p>\n

        \n
      1. Software transfer<\/li>\n<\/ol>\n

        2.1. For the duration of this contract, the Provider shall provide the Customer with the Buchassist software in the<\/p>\n

        The current version of the software is available for use on the Internet free of charge. To this<\/p>\n

        purpose, the provider stores the software on a server that is accessible via the Internet for the<\/p>\n

        customers can be reached.<\/p>\n

        2.2. The Provider shall continuously develop the Software and shall keep it up-to-date through regular<\/p>\n

        Improve updates and upgrades. The respective current scope of functions results from the<\/p>\n

        Service description on the provider’s website.<\/p>\n

        2.3. The Provider shall continuously monitor the functionality of the Software and, after<\/p>\n

        To the extent technically possible, software errors.<\/p>\n

          \n
        1. Rights to use the software<\/li>\n<\/ol>\n

          3.1. The Provider grants the Customer the non-exclusive and non-transferable right,<\/p>\n

          the Buchassist software during the term of the contract within the scope of the respective<\/p>\n

          to use the scope of services as intended.<\/p>\n

          3.2. The customer may neither duplicate nor edit the software, unless this is stipulated in the<\/p>\n

          current service description on the website is expressly permitted or by the provider.<\/p>\n

          has been approved in writing. Prohibited in particular is the even temporary<\/p>\n

          Installation or saving of the software on data carriers (hard disks, etc.) of the<\/p>\n

          hardware used by the customer (with the exception of RAM).<\/p>\n

          3.3. The customer is not entitled to sell or transfer this software to unauthorized third parties.<\/p>\n

          to make available for use free of charge. Any form of making available the<\/p>\n

          Software to third parties is expressly forbidden to the customer, unless this is specified in the current<\/p>\n

          Service description on the website expressly permitted or by the provider in writing.<\/p>\n

          was approved.<\/p>\n

          3.4. The customer undertakes to conduct his contractual relations with third parties in such a way<\/p>\n

          that unlawful use of the software by third parties is effectively prevented.<\/p>\n

          is prevented.<\/p>\n

            \n
          1. Data Hosting<\/li>\n<\/ol>\n

            4.1. The provider leaves a defined storage space to the customer (see<\/p>\n

            Service Description) on a server to store its data. Provided that the<\/p>\n

            storage space should not be sufficient to store the data, the provider shall<\/p>\n

            Inform customers in good time. Unless the customer subsequently requests further<\/p>\n

            storage space against payment, data that exceeds the available storage space will be<\/p>\n

            exceed, are no longer stored.<\/p>\n

            4.2. The Provider shall ensure that the data stored via the Internet within the scope of<\/p>\n

            of the technical possibilities are retrievable.<\/p>\n

            4.3. The customer is not entitled to assign this storage space to a third party in part or in full,<\/p>\n

            for use in return for payment or free of charge.<\/p>\n

            4.4. The customer undertakes not to store any content on the storage space whose<\/p>\n

            Provision, publication and use against applicable law or agreements<\/p>\n

            with third parties.<\/p>\n

            4.5. The Provider shall take appropriate and reasonable measures within the scope of the technical possibilities.<\/p>\n

            Precautions against data loss and to prevent unauthorized access by third parties to the<\/p>\n

            Data of the customer. For this purpose, the Provider will make regular backups, which will be<\/p>\n

            Check customer’s data for viruses as well as install firewalls.<\/p>\n

            4.6. In any case, the customer remains the sole owner of the data and can therefore demand that the provider<\/p>\n

            during the term of the contract, the surrender of individual or all data<\/p>\n

            without the Provider having a right of retention. The publication of the<\/p>\n

            Data is transmitted via a data network in which the provider has<\/p>\n

            format used. The customer has no right to the data required for the use of the data.<\/p>\n

            suitable software. The Provider is entitled to charge a fee for the release of the data.<\/p>\n

            to demand compensation for expenses.<\/p>\n

            4.7. After termination of the contract, the customer is still entitled for one month to use the<\/p>\n

            Release of his data according to para. 4.6. to require. The provider is not obligated,<\/p>\n

            to store the customer’s data beyond this period or to demand the surrender of the data.<\/p>\n

            ensure If, after the expiration of the one-month period, a customer requests the surrender of<\/p>\n

            data and if these data are still available at the provider, the provider will give the<\/p>\n

            data to the customer after payment of the costs actually incurred for this.<\/p>\n

              \n
            1. Subcontractor<\/li>\n<\/ol>\n

              5.1. The Provider may, for the purpose of fulfilling the contractual performance, in particular to<\/p>\n

              Software programming, involve subcontractors\/third parties. In the case of the authorized<\/p>\n

              The provider is responsible for the careful instruction of the consulted persons.<\/p>\n

              5.2. The warranty and liability for subcontractors\/third parties shall be governed in accordance with Chapter 14<\/p>\n

              excluded to the extent permitted by law.<\/p>\n

                \n
              1. Cooperation with third parties<\/li>\n<\/ol>\n

                6.1. The customer has the possibility to give a third party access to his<\/p>\n

                Buchassist account<\/span> and thus ensure the exchange of data. The customer retains<\/p>\n

                At the same time, full control over the access rights of the third party at all times<\/p>\n

                to its data and can restrict or deny access at any time.<\/p>\n

                6.2. In addition, the Provider allows the third party itself as a customer to have a bookassist account<\/p>\n

                opened In this case, the third party manages the access rights as a customer and can<\/p>\n

                grant, respectively restrict or deny them to third parties. The provider<\/p>\n

                reserves the right, however, to pass on specific data to third parties in justified individual cases.<\/p>\n

                authorized third parties.<\/p>\n

                6.3. By granting access rights to third parties, the customer expressly declares his<\/p>\n

                Consent that the Provider may disclose to the Authorized Person any and all data released<\/p>\n

                or allow access to it. For the data processing of the<\/p>\n

                The Provider does not assume any responsibility for the access of third parties (e.g. trustees). At<\/p>\n

                For the rest, reference is made to chapter 3 of the provider’s privacy policy.<\/p>\n

                  \n
                1. App Marketplace \/ Third Party Add-ons<\/li>\n<\/ol>\n

                  7.1. The Provider provides an interface (“API”) for communication with software from<\/p>\n

                  Third-party providers available. This gives the customer the opportunity to use the software to<\/p>\n

                  Buchassist<\/span> also offers various additional packages and services from third-party providers.<\/p>\n

                  (“add-ons”) to be integrated. In addition, the customer may allow further third parties to<\/p>\n

                  Grant authorization to use the interface to his bookassist account. Unless<\/p>\n

                  expressly agreed otherwise, a contractual relationship concerning the use of the<\/p>\n

                  of the third-party add-ons shall be exclusively between the customer and the third-party provider.<\/p>\n

                  7.2. Insofar as access rights are required for the use of an add-on, the customer agrees to<\/p>\n

                  with the order or integration of the Add-on expressly agrees, all<\/p>\n

                  to grant the access rights required for this purpose. The Provider is then entitled,<\/p>\n

                  to provide all data of the customer necessary for the use of the add-on.<\/p>\n

                  or to allow access to them. The customer retains at all times the full<\/p>\n

                  Control over the third party’s access rights to its data and can restrict access<\/p>\n

                  limit or deny at any time. The customer agrees that the<\/p>\n

                  Provider or the third party provider when using additional add-ons data with this<\/p>\n

                  Third-party provider exchanges.<\/p>\n

                  7.3. Any warranty and liability shall be excluded pursuant to sec. 14.7 explicit<\/p>\n

                  excluded. In particular, the Provider assumes responsibility for the data processing of the<\/p>\n

                  Third-party provider no responsibility.<\/p>\n

                  7.4. Notwithstanding any representation to the contrary, Provider shall in any event have the right,<\/p>\n

                  access to the Provider’s API for individual or all customers for important reasons.<\/p>\n

                  reason to partially or completely restrict at any time. Good cause shall be deemed to exist in particular<\/p>\n

                  if data is migrated via the interface to the detriment of the Provider or the<\/p>\n

                  infrastructure is too heavily loaded via requests through this interface.<\/p>\n

                  7.5. By ordering the add-on, the customer declares his agreement to the GTC as well as to the<\/p>\n

                  Privacy policy of the respective third-party provider. For the rest, reference is made to Chapter 3 of the<\/p>\n

                  Privacy policy of the provider.<\/p>\n

                    \n
                  1. Third-party consulting services<\/li>\n<\/ol>\n

                    8.1. The Provider offers third-party consulting services to its customers. The<\/p>\n

                    In accordance with the current service description on the Provider’s website, Customers are entitled to receive<\/p>\n

                    of consulting services from third-party providers. The<\/p>\n

                    Consulting services can be provided in particular, but not exclusively, on the basis of<\/p>\n

                    Insurance contracts are offered between the provider and the third party vendors.<\/p>\n

                    8.2. In order for the third-party provider to verify the customer’s eligibility and have the necessary<\/p>\n

                    contact information, the following data will be transmitted to the third party provider:<\/p>\n

                      \n
                    1. a) Name \/ Company of the company;<\/li>\n
                    2. b) Address (street, postal code, city, address additions);<\/li>\n
                    3. c) concluded contracts between the Provider and the Customer;<\/li>\n
                    4. d) Telephone number(s);<\/li>\n
                    5. e) E-mail address(es).<\/li>\n<\/ol>\n

                      8.3. Customers must, upon request to the third-party provider, confirm their eligibility for the<\/p>\n

                      be able to prove receipt of the consulting services at any time. The customers are in favor<\/p>\n

                      responsible to grant access to the consulting services exclusively to authorized<\/p>\n

                      employees (e.g. by disclosing the telephone number of the third-party provider).<\/p>\n

                      8.4. The customer obtains the respective consulting services in accordance with the present chapter<\/p>\n

                      exclusively from the third-party provider. All of the customer’s entitlements to benefits exist<\/p>\n

                      accordingly exclusively against the third-party provider. In particular, there is between<\/p>\n

                      Provider and the Customer shall at no time have any consulting or<\/p>\n

                      Insurance contract.<\/p>\n

                      8.5. The Provider reserves the right to terminate the consulting services for important reasons at any time.<\/p>\n

                      to restrict or terminate for individual customers. An important reason is<\/p>\n

                      in particular in the event of cross-regulatory or excessive use of the offer.<\/p>\n

                      8.6. By accepting the present GTC, the customers simultaneously declare their agreement to<\/p>\n

                      to the general terms and conditions as well as to the privacy policy of the respective<\/p>\n

                      Third party provider.<\/p>\n

                        \n
                      1. Support<\/li>\n<\/ol>\n

                        10.1. The Provider will respond to inquiries (by e-mail or telephone) from the Customer regarding the Buchassist software and<\/p>\n

                        other services provided by the Provider within the scope of the services offered on the Provider’s website<\/p>\n

                        published business hours as soon as possible after receipt of the respective question<\/p>\n

                        answer by phone or in writing. This does not include support for software<\/p>\n

                        and third-party services (e.g. add-ons).<\/p>\n

                          \n
                        1. Impairment of accessibility<\/li>\n<\/ol>\n

                          11.1. Adjustments, modifications and additions to the contractual<\/p>\n

                          SaaS services of the provider as well as measures that serve to detect and remedy<\/p>\n

                          of functional disturbances will only lead to a temporary interruption of the<\/p>\n

                          or impairment of accessibility, if this is not possible for technical reasons.<\/p>\n

                          is required.<\/p>\n

                          11.2. The monitoring of the basic functions as well as the maintenance of the Buchassist software is carried out<\/p>\n

                          regularly. In case of serious errors (i.e. the use of the Buchassist software is no longer<\/p>\n

                          possible or considerably restricted), maintenance is usually carried out within 4 hours from<\/p>\n

                          Knowledge or notification by the customer. The Provider will inform the Customer about the<\/p>\n

                          Notify maintenance work in good time and carry it out as quickly as possible. The<\/p>\n

                          Provider makes every effort to ensure the highest possible availability of the Buchassist software.<\/p>\n

                          11.3. Third-party services are excluded from this chapter. The provider<\/p>\n

                          in particular for add-ons, which are the responsibility of third parties, can not be<\/p>\n

                          Ensure availability.<\/p>\n

                            \n
                          1. Duties of the customer<\/li>\n<\/ol>\n

                            12.1. The customer undertakes to use the SaaS services exclusively for the<\/p>\n

                            use for the purpose stipulated in the contract. He bears sole responsibility for the content,<\/p>\n

                            which he as well as the users he has set up use the<\/p>\n

                            Create, transmit or use SaaS services. The customer is responsible for the<\/p>\n

                            necessary system requirements (in particular hardware and software) to use the<\/p>\n

                            Software Buchassist responsible. The customer is responsible for the entry and maintenance of his<\/p>\n

                            data and information required to use the SaaS services – without prejudice to<\/p>\n

                            the provider’s obligation to back up data – responsible.<\/p>\n

                            12.2. The customer is obligated to check his data and information for viruses or<\/p>\n

                            other harmful components and to check the state of the art for this purpose.<\/p>\n

                            use appropriate anti-virus programs.<\/p>\n

                            12.3. The customer is obliged to prevent unauthorized access to the software by third parties by means of suitable<\/p>\n

                            precautions to prevent. The customer is obliged to inform his employees about the<\/p>\n

                            existing intellectual property rights and to ensure compliance with them.<\/p>\n

                            In particular, the customer shall instruct its employees not to make any copies of the<\/p>\n

                            software or to pass on access data to third parties.<\/p>\n

                            12.4. When using the SaaS services for the first time, the customer must create a “User ID” himself.<\/p>\n

                            incl. Generate password, which is required to access the bookassist account. The<\/p>\n

                            Customer is obliged to provide his “User ID” incl. Password secret and third parties<\/p>\n

                            not to make them accessible to third parties. The Customer shall immediately notify the Provider of any<\/p>\n

                            unauthorized use or otherwise attacking security. In<\/p>\n

                            in such cases, the provider will store the “User ID” incl. Reset the customer’s password.<\/p>\n

                            12.5. The customer shall take all measures which, in its reasonable discretion, are necessary for the<\/p>\n

                            Maintaining or improving the security of the data, the software and the<\/p>\n

                            network connections are required. In particular, the customer undertakes to keep its<\/p>\n

                            Change password regularly, but at least every sixty (60) days.<\/p>\n

                            12.6. The customer is obligated to keep his details in his Buchassist account, in particular the<\/p>\n

                            stored personal data such as residential\/domicile address, e-mail address for messages and<\/p>\n

                            invoice deliveries as well as telephone number(s), always (daily) up to date.<\/p>\n

                            12.7. After termination of the contractual relationship, the customer himself is responsible for securing his<\/p>\n

                            Data responsible. The Provider is entitled to delete all data one month after<\/p>\n

                            termination of the contract irrevocably.<\/p>\n

                            12.8. If the customer violates any obligations according to these GTC or further<\/p>\n

                            contractual provisions, the Provider shall be authorized to transfer the book-assist account and thus the<\/p>\n

                            Access to all services of the Provider temporarily or permanently<\/p>\n

                            to restrict or block.<\/p>\n

                              \n
                            1. Charge<\/li>\n<\/ol>\n

                              13.1. The Customer undertakes to pay to the Provider for the services ordered the amount due in accordance with its<\/p>\n

                              Subscription \/ corresponding service description agreed fee plus. VAT to be paid.<\/p>\n

                              13.2. Unless otherwise agreed in writing, the fee shall be paid in advance in each case.<\/p>\n

                              13.3. The Provider will send an invoice to the Customer for the fee owed under the contract to<\/p>\n

                              the e-mail address stored with the billing address.<\/p>\n

                              13.4. The Provider shall be entitled at any time by written notice to the Customer to<\/p>\n

                              to adjust the charges and\/or service contents. Reasons for such<\/p>\n

                              Change in performance are in particular the technical progress and further development<\/p>\n

                              of the software. If the customer does not wish to continue the contract at the amended rates and<\/p>\n

                              If the changes represent a deterioration of the conditions from the customer’s point of view, it is<\/p>\n

                              for extraordinary termination with a notice period of 14 days to the date of change<\/p>\n

                              authorized.<\/p>\n

                              13.5. In the event of a delay in payment, the Provider is entitled to terminate the bookassist account and thus the<\/p>\n

                              temporarily block access to all services of the Provider. In this case<\/p>\n

                              the agreed fee remains due in full even during the blocking. The<\/p>\n

                              Access will be reactivated after payment of outstanding invoices. Digit. 15.5<\/p>\n

                              remains reserved.<\/p>\n

                                \n
                              1. Warranty \/ Liability<\/li>\n<\/ol>\n

                                14.1. The Provider shall provide for the functional and operational readiness of the<\/p>\n

                                SaaS Services Warranty in accordance with the provisions in these GTC.<\/p>\n

                                14.2. The Customer undertakes to indemnify the Provider against all claims by third parties based on the<\/p>\n

                                stored data and to reimburse the Provider for all costs,<\/p>\n

                                incurred by the latter due to possible infringements of rights.<\/p>\n

                                14.3. The Provider is entitled to immediately block the storage space if the justified<\/p>\n

                                there is suspicion that the stored data is illegal and\/or rights of third parties<\/p>\n

                                injure A reasonable suspicion for an illegality and\/or an<\/p>\n

                                Violation of rights exists in particular when courts, authorities and\/or other<\/p>\n

                                third party to notify the Provider thereof. The Provider has informed the Customer of the<\/p>\n

                                distance and the reason for it without delay. The lock is to be lifted,<\/p>\n

                                as soon as the suspicion has been fully rebutted.<\/p>\n

                                14.4. Within the framework of the statutory provisions, the Provider excludes any liability<\/p>\n

                                towards the customer (or any third party) in particular for the fulfillment of its<\/p>\n

                                contractual and non-contractual obligations as well as for the loss of data from<\/p>\n

                                (including for negligence). This exclusion of liability shall also apply to the damage<\/p>\n

                                arises directly or indirectly from the use of the Buchassist software.<\/p>\n

                                14.5. If the Provider has auxiliary persons for the fulfillment of its contractual obligations<\/p>\n

                                If a member of the Board of Directors is called in, he shall be responsible for the careful instruction of the persons called in. For the rest<\/p>\n

                                Warranty and liability are fully excluded to the extent permitted by law.<\/p>\n

                                excluded. This exclusion of warranty and liability also applies in particular to<\/p>\n

                                Intent and gross negligence.<\/p>\n

                                14.6. In all cases, regardless of the basis of liability, the Provider’s liability is limited to the<\/p>\n

                                Amount of the monthly license fee in the last twelve months before the accrual of the<\/p>\n

                                Damage limited.<\/p>\n

                                14.7. The warranty for the functional and operational readiness as well as the liability regarding<\/p>\n

                                to third-party software and services (especially add-ons,<\/p>\n

                                consulting services, bank interfaces) is provided to the extent permitted by law.<\/p>\n

                                fully excluded.<\/p>\n

                                  \n
                                1. Contract duration<\/li>\n<\/ol>\n

                                  15.1. The contractual relationship begins with the registration and order by the customer.<\/p>\n

                                  15.2. The contractual relationship is concluded for an indefinite period. Consequently, the respective<\/p>\n

                                  Subscription (monthly, annual, etc.) automatically for another billing period<\/p>\n

                                  extended as long as the contractual relationship is not terminated in accordance with this chapter.<\/p>\n

                                  was.<\/p>\n

                                  15.3. The parties are entitled to terminate the agreement with one month’s notice as of the end of<\/p>\n

                                  the current billing period of the respective subscription (monthly subscription, annual subscription, etc.)<\/p>\n

                                  to terminate the contractual relationship. Agreements to the contrary concerning<\/p>\n

                                  Cancellation periods remain reserved (especially in the context of special promotions).<\/p>\n

                                  15.4. Form of termination: The cancellation must be made online in the customer’s Buchassist account. At<\/p>\n

                                  Following the termination, the customer receives an e-mail from the provider with a<\/p>\n

                                  Confirmation link. When this confirmation is received by the provider, the<\/p>\n

                                  bookassist account<\/span> after the expiry of the one-month notice period at the end of the respective<\/p>\n

                                  Biennium locked. The decisive date for termination is the date of receipt of the<\/p>\n

                                  Confirmation of termination with the provider.<\/p>\n

                                  15.5. The parties reserve the right to terminate the contract immediately for good cause.<\/p>\n

                                  unprejudiced. An important reason for the immediate termination of this contract is for the<\/p>\n

                                  Provider in particular then before,<\/p>\n

                                    \n
                                  1. a) if the customer falls into bankruptcy or the bankruptcy proceedings are initiated for lack of assets<\/li>\n<\/ol>\n

                                    was set;<\/p>\n

                                      \n
                                    1. b) if the customer is in arrears with payment obligations arising from this contractual relationship.<\/li>\n<\/ol>\n

                                      of at least one month’s remuneration is in arrears and he has been given notice of default.<\/p>\n

                                      a grace period of two weeks has been granted without success;<\/p>\n

                                        \n
                                      1. c) if the customer, when using the services that are the subject of the contract, culpably<\/li>\n<\/ol>\n

                                        violates legal regulations or infringes on copyrights, industrial property rights or<\/p>\n

                                        name rights of third parties;<\/p>\n

                                          \n
                                        1. d) if the customer seriously violates obligations according to these GTC or<\/li>\n<\/ol>\n

                                          violates any other contractual provisions;<\/p>\n

                                            \n
                                          1. e) when using the distributed services for the purpose of promoting criminal,<\/li>\n<\/ol>\n

                                            unlawful and ethically questionable actions by the customer.<\/p>\n

                                            15.6. In the event of the death of the owner of a sole proprietorship, the Provider shall in principle be liable for the<\/p>\n

                                            Release of the data of the sole proprietorship to authorized persons (in particular<\/p>\n

                                            family members, trustees) are entitled. This issuance is conditional upon proof of a<\/p>\n

                                            legitimate interest (e.g. succession planning, division of an estate, etc.). Further the<\/p>\n

                                            Provider after providing appropriate evidence of an authorized person<\/p>\n

                                            Grant access to the book-assist account of the individual company concerned or set the account to<\/p>\n

                                            transferred to such a person (e.g. heir). Is the authorization in doubt or does it raise<\/p>\n

                                            several parties have divergent claims, the Provider may refuse to issue data or<\/p>\n

                                            refuse to take further steps.<\/p>\n

                                              \n
                                            1. Communications<\/li>\n<\/ol>\n

                                              16.1. All notices, except as provided in this Agreement or by law, shall be<\/p>\n

                                              more stringent form is mandatory, in writing or by e-mail to the address specified by the customer.<\/p>\n

                                              specified in the bookassist account or indicated on the provider’s website.<\/p>\n

                                              (e-mail) addresses. The Customer is obliged to notify the Provider of address changes<\/p>\n

                                              (incl. e-mail) without delay, respectively to adjust in the Buchassist account,<\/p>\n

                                              Otherwise, notices sent to the last known address shall be deemed to be legally effective.<\/p>\n

                                              received.<\/p>\n

                                                \n
                                              1. Privacy<\/li>\n<\/ol>\n

                                                17.1. With the acceptance of these GTC, the customer simultaneously declares his consent to the<\/p>\n

                                                Privacy policy (attachment 1) and to the order processing agreement (Annex 2) of the<\/p>\n

                                                Provider in each case in the currently valid version. This is permanently available on the website of the<\/p>\n

                                                provider is switched on. The customer declares to know these documents.<\/p>\n

                                                  \n
                                                1. Intellectual property rights<\/li>\n<\/ol>\n

                                                  18.1. All intellectual property rights to the SaaS services of the Provider, in particular to<\/p>\n

                                                  of the software Buchassist as well as to the website remain the property of the provider.<\/p>\n

                                                    \n
                                                  1. Secrecy obligation<\/li>\n<\/ol>\n

                                                    19.1. The Provider undertakes to inform the Provider about all the information it receives in the course of the preparation, implementation and<\/p>\n

                                                    confidential processes that have come to our knowledge in the course of the performance of this contract, in particular<\/p>\n

                                                    business or trade secrets of the customer and to keep them confidential.<\/p>\n

                                                    Information without authorization of the customer not to outside third parties<\/p>\n

                                                    to pass on. This applies vis-\u00e0-vis any unauthorized third party, provided that the disclosure of<\/p>\n

                                                    Information is not required for the proper fulfillment of the contractual obligations of the<\/p>\n

                                                    provider is required.<\/p>\n

                                                    19.3. The Customer authorizes the Provider to name the Customer publicly as a reference and to<\/p>\n

                                                    General about the agreed contract in an appropriate manner for marketing, public<\/p>\n

                                                    relations and sales purposes. However, the provider will notify the customer before<\/p>\n

                                                    Publication contact, whereby the customer exclusively for important reasons its<\/p>\n

                                                    can revoke consent.<\/p>\n

                                                      \n
                                                    1. Severability clause<\/li>\n<\/ol>\n

                                                      20.1. Should individual provisions of this contract be or become invalid or void,<\/p>\n

                                                      this shall not affect the validity of the remaining provisions. The ineffective or<\/p>\n

                                                      void provision shall be replaced by a new, legally permissible provision.<\/p>\n

                                                      replace the economic significance and effect of the ineffective or<\/p>\n

                                                      void provision comes closest. The same procedure shall be followed if a<\/p>\n

                                                      contractual gap becomes apparent.<\/p>\n

                                                        \n
                                                      1. Applicable law and place of jurisdiction<\/li>\n<\/ol>\n

                                                        21.1. This Agreement, including the issues of its formation and validity, is subject to<\/p>\n

                                                        Swiss law, excluding the conflict of law rules and international agreements.<\/p>\n

                                                        21.2. Exclusive place of jurisdiction for all disputes arising from or in connection with<\/p>\n

                                                        this Agreement and with respect to the subject matter hereof, including the<\/p>\n

                                                        Questions of formation, validity, invalidity, binding nature<\/p>\n

                                                        implementation, modification or amendment, breach or termination of this<\/p>\n

                                                        contract, is at the registered office of the Provider.<\/p>\n

                                                          \n
                                                        1. Priority<\/li>\n<\/ol>\n

                                                          22.1. In the event of any inconsistencies between the German version of these GTC and its annexes and a<\/p>\n

                                                          version in another language, the German version has priority.<\/p>\n

                                                          Last version: November 2022<\/p>\n

                                                          Accentoris AG<\/p>\n

                                                          Auerstrasse 14<\/p>\n

                                                          9442 Berneck<\/p>\n

                                                          Switzerland<\/p>\n

                                                          Annex 1 Privacy policy<\/p>\n

                                                          Annex 2 Order processing contract<\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

                                                          \n\t\t\t\t
                                                          \n\t\t\t\t\t\t\t\t\t

                                                          General terms and conditions<\/p>\n

                                                          Accentoris AG<\/p>\n

                                                          These General Terms and Conditions (“GTC”) govern the contractual relationship between Accentoris AG<\/p>\n

                                                          (“Provider”) and its customers (hereinafter “Customer”). By filling in the<\/p>\n

                                                          Login screen for registering and ordering a user account (“bookassist account”) on the website<\/p>\n

                                                          of the Provider, the Customer accepts the following provisions without reservation. The provider retains<\/p>\n

                                                          reserves the right to make subsequent changes or additions to the GTC. These are<\/p>\n

                                                          become an integral part of the contract, unless the customer objects within 14 days of becoming aware of them.<\/p>\n

                                                          The current version is published on the provider’s website (https:\/\/www. Buchassist.com\/).<\/p>\n

                                                          published.<\/p>\n

                                                            \n
                                                          1. Subject of the contract<\/li>\n<\/ol>\n

                                                            1.1. With the software and plugin Buchassist (hereinafter “Buchassist”), the Provider provides for its customers<\/p>\n

                                                            predominantly Software as a Service (“SaaS”) services via the Internet in the area of<\/p>\n

                                                            business management software. In addition, the Provider provides further services<\/p>\n

                                                            in different areas (hereinafter collectively referred to as “Services”). For the respective<\/p>\n

                                                            Scope of services and the conditions is referred to the current service description on the<\/p>\n

                                                            Website of the provider referred to. The subject of the contract is in particular:<\/p>\n

                                                              \n
                                                            1. a) the provision of the Buchassist software for use via the Internet;<\/li>\n
                                                            2. b) the storage of the Customer’s data (“Data Hosting”);<\/li>\n
                                                            3. c) providing various add-ons in addition to the Buchassist software. The<\/li>\n<\/ol>\n

                                                              Add-ons are partly offered by the provider itself, partly by third parties.<\/p>\n

                                                              The add-ons can be installed directly in the bookassist account<\/p>\n

                                                              ordered, respectively set up.<\/p>\n

                                                                \n
                                                              1. Software transfer<\/li>\n<\/ol>\n

                                                                2.1. For the duration of this contract, the Provider shall provide the Customer with the Buchassist software in the<\/p>\n

                                                                The current version of the software is available for use on the Internet free of charge. To this<\/p>\n

                                                                purpose, the provider stores the software on a server that is accessible via the Internet for the<\/p>\n

                                                                customers can be reached.<\/p>\n

                                                                2.2. The Provider shall continuously develop the Software and shall keep it up-to-date through regular<\/p>\n

                                                                Improve updates and upgrades. The respective current scope of functions results from the<\/p>\n

                                                                Service description on the provider’s website.<\/p>\n

                                                                2.3. The Provider shall continuously monitor the functionality of the Software and, after<\/p>\n

                                                                To the extent technically possible, software errors.<\/p>\n

                                                                  \n
                                                                1. Rights to use the software<\/li>\n<\/ol>\n

                                                                  3.1. The Provider grants the Customer the non-exclusive and non-transferable right,<\/p>\n

                                                                  the Buchassist software during the term of the contract within the scope of the respective<\/p>\n

                                                                  to use the scope of services as intended.<\/p>\n

                                                                  3.2. The customer may neither duplicate nor edit the software, unless this is stipulated in the<\/p>\n

                                                                  current service description on the website is expressly permitted or by the provider.<\/p>\n

                                                                  has been approved in writing. Prohibited in particular is the even temporary<\/p>\n

                                                                  Installation or saving of the software on data carriers (hard disks, etc.) of the<\/p>\n

                                                                  hardware used by the customer (with the exception of RAM).<\/p>\n

                                                                  3.3. The customer is not entitled to sell or transfer this software to unauthorized third parties.<\/p>\n

                                                                  to make available for use free of charge. Any form of making available the<\/p>\n

                                                                  Software to third parties is expressly forbidden to the customer, unless this is specified in the current<\/p>\n

                                                                  Service description on the website expressly permitted or by the provider in writing.<\/p>\n

                                                                  was approved.<\/p>\n

                                                                  3.4. The customer undertakes to conduct his contractual relations with third parties in such a way<\/p>\n

                                                                  that unlawful use of the software by third parties is effectively prevented.<\/p>\n

                                                                  is prevented.<\/p>\n

                                                                    \n
                                                                  1. Data Hosting<\/li>\n<\/ol>\n

                                                                    4.1. The provider leaves a defined storage space to the customer (see<\/p>\n

                                                                    Service Description) on a server to store its data. Provided that the<\/p>\n

                                                                    storage space should not be sufficient to store the data, the provider shall<\/p>\n

                                                                    Inform customers in good time. Unless the customer subsequently requests further<\/p>\n

                                                                    storage space against payment, data that exceeds the available storage space will be<\/p>\n

                                                                    exceed, are no longer stored.<\/p>\n

                                                                    4.2. The Provider shall ensure that the data stored via the Internet within the scope of<\/p>\n

                                                                    of the technical possibilities are retrievable.<\/p>\n

                                                                    4.3. The customer is not entitled to assign this storage space to a third party in part or in full,<\/p>\n

                                                                    for use in return for payment or free of charge.<\/p>\n

                                                                    4.4. The customer undertakes not to store any content on the storage space whose<\/p>\n

                                                                    Provision, publication and use against applicable law or agreements<\/p>\n

                                                                    with third parties.<\/p>\n

                                                                    4.5. The Provider shall take appropriate and reasonable measures within the scope of the technical possibilities.<\/p>\n

                                                                    Precautions against data loss and to prevent unauthorized access by third parties to the<\/p>\n

                                                                    Data of the customer. For this purpose, the Provider will make regular backups, which will be<\/p>\n

                                                                    Check customer’s data for viruses as well as install firewalls.<\/p>\n

                                                                    4.6. In any case, the customer remains the sole owner of the data and can therefore demand that the provider<\/p>\n

                                                                    during the term of the contract, the surrender of individual or all data<\/p>\n

                                                                    without the Provider having a right of retention. The publication of the<\/p>\n

                                                                    Data is transmitted via a data network in which the provider has<\/p>\n

                                                                    format used. The customer has no right to the data required for the use of the data.<\/p>\n

                                                                    suitable software. The Provider is entitled to charge a fee for the release of the data.<\/p>\n

                                                                    to demand compensation for expenses.<\/p>\n

                                                                    4.7. After termination of the contract, the customer is still entitled for one month to use the<\/p>\n

                                                                    Release of his data according to para. 4.6. to require. The provider is not obligated,<\/p>\n

                                                                    to store the customer’s data beyond this period or to demand the surrender of the data.<\/p>\n

                                                                    ensure If, after the expiration of the one-month period, a customer requests the surrender of<\/p>\n

                                                                    data and if these data are still available at the provider, the provider will give the<\/p>\n

                                                                    data to the customer after payment of the costs actually incurred for this.<\/p>\n

                                                                      \n
                                                                    1. Subcontractor<\/li>\n<\/ol>\n

                                                                      5.1. The Provider may, for the purpose of fulfilling the contractual performance, in particular to<\/p>\n

                                                                      Software programming, involve subcontractors\/third parties. In the case of the authorized<\/p>\n

                                                                      The provider is responsible for the careful instruction of the consulted persons.<\/p>\n

                                                                      5.2. The warranty and liability for subcontractors\/third parties shall be governed in accordance with Chapter 14<\/p>\n

                                                                      excluded to the extent permitted by law.<\/p>\n

                                                                        \n
                                                                      1. Cooperation with third parties<\/li>\n<\/ol>\n

                                                                        6.1. The customer has the possibility to give a third party access to his<\/p>\n

                                                                        Buchassist account<\/span> and thus ensure the exchange of data. The customer retains<\/p>\n

                                                                        At the same time, full control over the access rights of the third party at all times<\/p>\n

                                                                        to its data and can restrict or deny access at any time.<\/p>\n

                                                                        6.2. In addition, the Provider allows the third party itself as a customer to have a bookassist account<\/p>\n

                                                                        opened In this case, the third party manages the access rights as a customer and can<\/p>\n

                                                                        grant, respectively restrict or deny them to third parties. The provider<\/p>\n

                                                                        reserves the right, however, to pass on specific data to third parties in justified individual cases.<\/p>\n

                                                                        authorized third parties.<\/p>\n

                                                                        6.3. By granting access rights to third parties, the customer expressly declares his<\/p>\n

                                                                        Consent that the Provider may disclose to the Authorized Person any and all data released<\/p>\n

                                                                        or allow access to it. For the data processing of the<\/p>\n

                                                                        The Provider does not assume any responsibility for the access of third parties (e.g. trustees). At<\/p>\n

                                                                        For the rest, reference is made to chapter 3 of the provider’s privacy policy.<\/p>\n

                                                                          \n
                                                                        1. App Marketplace \/ Third Party Add-ons<\/li>\n<\/ol>\n

                                                                          7.1. The Provider provides an interface (“API”) for communication with software from<\/p>\n

                                                                          Third-party providers available. This gives the customer the opportunity to use the software to<\/p>\n

                                                                          Buchassist<\/span> also offers various additional packages and services from third-party providers.<\/p>\n

                                                                          (“add-ons”) to be integrated. In addition, the customer may allow further third parties to<\/p>\n

                                                                          Grant authorization to use the interface to his Book Assist account. Unless<\/p>\n

                                                                          expressly agreed otherwise, a contractual relationship concerning the use of the<\/p>\n

                                                                          of the third-party add-ons shall be exclusively between the customer and the third-party provider.<\/p>\n

                                                                          7.2. Insofar as access rights are required for the use of an add-on, the customer agrees to<\/p>\n

                                                                          with the order or integration of the Add-on expressly agrees, all<\/p>\n

                                                                          to grant the access rights required for this purpose. The Provider is then entitled,<\/p>\n

                                                                          to provide all data of the customer necessary for the use of the add-on.<\/p>\n

                                                                          or to allow access to them. The customer retains at all times the full<\/p>\n

                                                                          Control over the third party’s access rights to its data and can restrict access<\/p>\n

                                                                          limit or deny at any time. The customer agrees that the<\/p>\n

                                                                          Provider or the third party provider when using additional add-ons data with this<\/p>\n

                                                                          Third-party provider exchanges.<\/p>\n

                                                                          7.3. Any warranty and liability shall be excluded pursuant to sec. 14.7 explicit<\/p>\n

                                                                          excluded. In particular, the Provider assumes responsibility for the data processing of the<\/p>\n

                                                                          Third-party provider no responsibility.<\/p>\n

                                                                          7.4. Notwithstanding any representation to the contrary, Provider shall in any event have the right,<\/p>\n

                                                                          access to the Provider’s API for individual or all customers for important reasons.<\/p>\n

                                                                          reason to partially or completely restrict at any time. Good cause shall be deemed to exist in particular<\/p>\n

                                                                          if data is migrated via the interface to the detriment of the Provider or the<\/p>\n

                                                                          infrastructure is too heavily loaded via requests through this interface.<\/p>\n

                                                                          7.5. By ordering the add-on, the customer declares his agreement to the GTC as well as to the<\/p>\n

                                                                          Privacy policy of the respective third-party provider. For the rest, reference is made to Chapter 3 of the<\/p>\n

                                                                          Privacy policy of the provider.<\/p>\n

                                                                            \n
                                                                          1. Third-party consulting services<\/li>\n<\/ol>\n

                                                                            8.1. The Provider offers third-party consulting services to its customers. The<\/p>\n

                                                                            In accordance with the current service description on the Provider’s website, Customers are entitled to receive<\/p>\n

                                                                            of consulting services from third-party providers. The<\/p>\n

                                                                            Consulting services can be provided in particular, but not exclusively, on the basis of<\/p>\n

                                                                            Insurance contracts are offered between the provider and the third party vendors.<\/p>\n

                                                                            8.2. In order for the third-party provider to verify the customer’s eligibility and have the necessary<\/p>\n

                                                                            contact information, the following data will be transmitted to the third party provider:<\/p>\n

                                                                              \n
                                                                            1. a) Name \/ Company of the company;<\/li>\n
                                                                            2. b) Address (street, postal code, city, address additions);<\/li>\n
                                                                            3. c) concluded contracts between the Provider and the Customer;<\/li>\n
                                                                            4. d) Telephone number(s);<\/li>\n
                                                                            5. e) E-mail address(es).<\/li>\n<\/ol>\n

                                                                              8.3. Customers must, upon request to the third-party provider, confirm their eligibility for the<\/p>\n

                                                                              be able to prove receipt of the consulting services at any time. The customers are in favor<\/p>\n

                                                                              responsible to grant access to the consulting services exclusively to authorized<\/p>\n

                                                                              employees (e.g. by disclosing the telephone number of the third-party provider).<\/p>\n

                                                                              8.4. The customer obtains the respective consulting services in accordance with the present chapter<\/p>\n

                                                                              exclusively from the third-party provider. All of the customer’s entitlements to benefits exist<\/p>\n

                                                                              accordingly exclusively against the third-party provider. In particular, there is between<\/p>\n

                                                                              Provider and the Customer shall at no time have any consulting or<\/p>\n

                                                                              Insurance contract.<\/p>\n

                                                                              8.5. The Provider reserves the right to terminate the consulting services for important reasons at any time.<\/p>\n

                                                                              to restrict or terminate for individual customers. An important reason is<\/p>\n

                                                                              in particular in the event of cross-regulatory or excessive use of the offer.<\/p>\n

                                                                              8.6. By accepting the present GTC, the customers simultaneously declare their agreement to<\/p>\n

                                                                              to the general terms and conditions as well as to the privacy policy of the respective<\/p>\n

                                                                              Third party provider.<\/p>\n

                                                                                \n
                                                                              1. Support<\/li>\n<\/ol>\n

                                                                                10.1. The Provider will respond to inquiries (by e-mail or telephone) from the Customer about the Buchassist software and<\/p>\n

                                                                                other services provided by the Provider within the scope of the services offered on the Provider’s website<\/p>\n

                                                                                published business hours as soon as possible after receipt of the respective question<\/p>\n

                                                                                answer by phone or in writing. This does not include support for software<\/p>\n

                                                                                and third-party services (e.g. add-ons).<\/p>\n

                                                                                  \n
                                                                                1. Impairment of accessibility<\/li>\n<\/ol>\n

                                                                                  11.1. Adjustments, modifications and additions to the contractual<\/p>\n

                                                                                  SaaS services of the provider as well as measures that serve to detect and remedy<\/p>\n

                                                                                  of functional disturbances will only lead to a temporary interruption of the<\/p>\n

                                                                                  or impairment of accessibility, if this is not possible for technical reasons.<\/p>\n

                                                                                  is required.<\/p>\n

                                                                                  11.2. The monitoring of the basic functions as well as the maintenance of the Buchassist software is carried out<\/p>\n

                                                                                  regularly. In case of serious errors (i.e. the use of the Buchassist software is no longer<\/p>\n

                                                                                  possible or considerably restricted), maintenance is usually carried out within 4 hours from<\/p>\n

                                                                                  Knowledge or notification by the customer. The Provider will inform the Customer about the<\/p>\n

                                                                                  Notify maintenance work in good time and carry it out as quickly as possible. The<\/p>\n

                                                                                  Provider makes every effort to ensure the highest possible availability of the Buchassist software.<\/p>\n

                                                                                  11.3. Third-party services are excluded from this chapter. The provider<\/p>\n

                                                                                  in particular for add-ons, which are the responsibility of third parties, can not be<\/p>\n

                                                                                  Ensure availability.<\/p>\n

                                                                                    \n
                                                                                  1. Duties of the customer<\/li>\n<\/ol>\n

                                                                                    12.1. The customer undertakes to use the SaaS services exclusively for the<\/p>\n

                                                                                    use for the purpose stipulated in the contract. He bears sole responsibility for the content,<\/p>\n

                                                                                    which he as well as the users he has set up use the<\/p>\n

                                                                                    Create, transmit or use SaaS services. The customer is responsible for the<\/p>\n

                                                                                    necessary system requirements (in particular hardware and software) to use the<\/p>\n

                                                                                    Software Buchassist responsible. The customer is responsible for the entry and maintenance of his<\/p>\n

                                                                                    data and information required to use the SaaS services – without prejudice to<\/p>\n

                                                                                    the provider’s obligation to back up data – responsible.<\/p>\n

                                                                                    12.2. The customer is obligated to check his data and information for viruses or<\/p>\n

                                                                                    other harmful components and to check the state of the art for this purpose.<\/p>\n

                                                                                    use appropriate anti-virus programs.<\/p>\n

                                                                                    12.3. The customer is obliged to prevent unauthorized access to the software by third parties by means of suitable<\/p>\n

                                                                                    precautions to prevent. The customer is obliged to inform his employees about the<\/p>\n

                                                                                    existing intellectual property rights and to ensure compliance with them.<\/p>\n

                                                                                    In particular, the customer shall instruct its employees not to make any copies of the<\/p>\n

                                                                                    software or to pass on access data to third parties.<\/p>\n

                                                                                    12.4. When using the SaaS services for the first time, the customer must create a “User ID” himself.<\/p>\n

                                                                                    incl. Generate password, which is required to access the bookassist account. The<\/p>\n

                                                                                    Customer is obliged to provide his “User ID” incl. Password secret and third parties<\/p>\n

                                                                                    not to make them accessible to third parties. The Customer shall immediately notify the Provider of any<\/p>\n

                                                                                    unauthorized use or otherwise attacking security. In<\/p>\n

                                                                                    in such cases, the provider will store the “User ID” incl. Reset the customer’s password.<\/p>\n

                                                                                    12.5. The customer shall take all measures which, in its reasonable discretion, are necessary for the<\/p>\n

                                                                                    Maintaining or improving the security of the data, the software and the<\/p>\n

                                                                                    network connections are required. In particular, the customer undertakes to keep its<\/p>\n

                                                                                    Change password regularly, but at least every sixty (60) days.<\/p>\n

                                                                                    12.6. The customer is obligated to keep his details in his Buchassist account, in particular the<\/p>\n

                                                                                    stored personal data such as residential\/domicile address, e-mail address for messages and<\/p>\n

                                                                                    invoice deliveries as well as telephone number(s), always (daily) up to date.<\/p>\n

                                                                                    12.7. After termination of the contractual relationship, the customer himself is responsible for securing his<\/p>\n

                                                                                    Data responsible. The Provider is entitled to delete all data one month after<\/p>\n

                                                                                    termination of the contract irrevocably.<\/p>\n

                                                                                    12.8. If the customer violates any obligations according to these GTC or further<\/p>\n

                                                                                    contractual provisions, the Provider shall be authorized to transfer the book-assist account and thus the<\/p>\n

                                                                                    Access to all services of the Provider temporarily or permanently<\/p>\n

                                                                                    to restrict or block.<\/p>\n

                                                                                      \n
                                                                                    1. Charge<\/li>\n<\/ol>\n

                                                                                      13.1. The Customer undertakes to pay to the Provider for the services ordered the amount due in accordance with its<\/p>\n

                                                                                      Subscription \/ corresponding service description agreed fee plus. VAT to be paid.<\/p>\n

                                                                                      13.2. Unless otherwise agreed in writing, the fee shall be paid in advance in each case.<\/p>\n

                                                                                      13.3. The Provider will send an invoice to the Customer for the fee owed under the contract to<\/p>\n

                                                                                      the e-mail address stored with the billing address.<\/p>\n

                                                                                      13.4. The Provider shall be entitled at any time by written notice to the Customer to<\/p>\n

                                                                                      to adjust the charges and\/or service contents. Reasons for such<\/p>\n

                                                                                      Change in performance are in particular the technical progress and further development<\/p>\n

                                                                                      of the software. If the customer does not wish to continue the contract at the amended rates and<\/p>\n

                                                                                      If the changes represent a deterioration of the conditions from the customer’s point of view, it is<\/p>\n

                                                                                      for extraordinary termination with a notice period of 14 days to the date of change<\/p>\n

                                                                                      authorized.<\/p>\n

                                                                                      13.5. In the event of a delay in payment, the Provider is entitled to terminate the bookassist account and thus the<\/p>\n

                                                                                      temporarily block access to all services of the Provider. In this case<\/p>\n

                                                                                      the agreed fee remains due in full even during the blocking. The<\/p>\n

                                                                                      Access will be reactivated after payment of outstanding invoices. Digit. 15.5<\/p>\n

                                                                                      remains reserved.<\/p>\n

                                                                                        \n
                                                                                      1. Warranty \/ Liability<\/li>\n<\/ol>\n

                                                                                        14.1. The Provider shall provide for the functional and operational readiness of the<\/p>\n

                                                                                        SaaS Services Warranty in accordance with the provisions in these GTC.<\/p>\n

                                                                                        14.2. The Customer undertakes to indemnify the Provider against all claims by third parties based on the<\/p>\n

                                                                                        stored data and to reimburse the Provider for all costs,<\/p>\n

                                                                                        incurred by the latter due to possible infringements of rights.<\/p>\n

                                                                                        14.3. The Provider is entitled to immediately block the storage space if the justified<\/p>\n

                                                                                        there is suspicion that the stored data is illegal and\/or rights of third parties<\/p>\n

                                                                                        injure A reasonable suspicion for an illegality and\/or an<\/p>\n

                                                                                        Violation of rights exists in particular when courts, authorities and\/or other<\/p>\n

                                                                                        third party to notify the Provider thereof. The Provider has informed the Customer of the<\/p>\n

                                                                                        distance and the reason for it without delay. The lock is to be lifted,<\/p>\n

                                                                                        as soon as the suspicion has been fully rebutted.<\/p>\n

                                                                                        14.4. Within the framework of the statutory provisions, the Provider excludes any liability<\/p>\n

                                                                                        towards the customer (or any third party) in particular for the fulfillment of its<\/p>\n

                                                                                        contractual and non-contractual obligations as well as for the loss of data from<\/p>\n

                                                                                        (including for negligence). This exclusion of liability shall also apply to the damage<\/p>\n

                                                                                        arises directly or indirectly from the use of the Buchassist software.<\/p>\n

                                                                                        14.5. If the Provider has auxiliary persons for the fulfillment of its contractual obligations<\/p>\n

                                                                                        If a member of the Board of Directors is called in, he shall be responsible for the careful instruction of the persons called in. For the rest<\/p>\n

                                                                                        Warranty and liability are fully excluded to the extent permitted by law.<\/p>\n

                                                                                        excluded. This exclusion of warranty and liability also applies in particular to<\/p>\n

                                                                                        Intent and gross negligence.<\/p>\n

                                                                                        14.6. In all cases, regardless of the basis of liability, the Provider’s liability is limited to the<\/p>\n

                                                                                        Amount of the monthly license fee in the last twelve months before the accrual of the<\/p>\n

                                                                                        Damage limited.<\/p>\n

                                                                                        14.7. The warranty for the functional and operational readiness as well as the liability regarding<\/p>\n

                                                                                        to third-party software and services (especially add-ons,<\/p>\n

                                                                                        consulting services, bank interfaces) is provided to the extent permitted by law.<\/p>\n

                                                                                        fully excluded.<\/p>\n

                                                                                          \n
                                                                                        1. Contract duration<\/li>\n<\/ol>\n

                                                                                          15.1. The contractual relationship begins with the registration and order by the customer.<\/p>\n

                                                                                          15.2. The contractual relationship is concluded for an indefinite period. Consequently, the respective<\/p>\n

                                                                                          Subscription (monthly, annual, etc.) automatically for another billing period<\/p>\n

                                                                                          extended as long as the contractual relationship is not terminated in accordance with this chapter.<\/p>\n

                                                                                          was.<\/p>\n

                                                                                          15.3. The parties are entitled to terminate the agreement with one month’s notice as of the end of<\/p>\n

                                                                                          the current billing period of the respective subscription (monthly subscription, annual subscription, etc.)<\/p>\n

                                                                                          to terminate the contractual relationship. Agreements to the contrary concerning<\/p>\n

                                                                                          Cancellation periods remain reserved (especially in the context of special promotions).<\/p>\n

                                                                                          15.4. Form of termination: The cancellation must be made online in the customer’s Buchassist account. At<\/p>\n

                                                                                          Following the termination, the customer receives an e-mail from the provider with a<\/p>\n

                                                                                          Confirmation link. When this confirmation is received by the provider, the<\/p>\n

                                                                                          bookassist account<\/span> after the expiry of the one-month notice period at the end of the respective<\/p>\n

                                                                                          Biennium locked. The decisive date for termination is the date of receipt of the<\/p>\n

                                                                                          Confirmation of termination with the provider.<\/p>\n

                                                                                          15.5. The parties reserve the right to terminate the contract immediately for good cause.<\/p>\n

                                                                                          unprejudiced. An important reason for the immediate termination of this contract is for the<\/p>\n

                                                                                          Provider in particular then before,<\/p>\n

                                                                                            \n
                                                                                          1. a) if the customer falls into bankruptcy or the bankruptcy proceedings are initiated for lack of assets<\/li>\n<\/ol>\n

                                                                                            was set;<\/p>\n

                                                                                              \n
                                                                                            1. b) if the customer is in arrears with payment obligations arising from this contractual relationship.<\/li>\n<\/ol>\n

                                                                                              of at least one month’s remuneration is in arrears and he has been given notice of default.<\/p>\n

                                                                                              a grace period of two weeks has been granted without success;<\/p>\n

                                                                                                \n
                                                                                              1. c) if the customer, when using the services that are the subject of the contract, culpably<\/li>\n<\/ol>\n

                                                                                                violates legal regulations or infringes on copyrights, industrial property rights or<\/p>\n

                                                                                                name rights of third parties;<\/p>\n

                                                                                                  \n
                                                                                                1. d) if the customer seriously violates obligations according to these GTC or<\/li>\n<\/ol>\n

                                                                                                  violates any other contractual provisions;<\/p>\n

                                                                                                    \n
                                                                                                  1. e) when using the distributed services for the purpose of promoting criminal,<\/li>\n<\/ol>\n

                                                                                                    unlawful and ethically questionable actions by the customer.<\/p>\n

                                                                                                    15.6. In the event of the death of the owner of a sole proprietorship, the Provider shall in principle be liable for the<\/p>\n

                                                                                                    Release of the data of the sole proprietorship to authorized persons (in particular<\/p>\n

                                                                                                    family members, trustees) are entitled. This issuance is conditional upon proof of a<\/p>\n

                                                                                                    legitimate interest (e.g. succession planning, division of an estate, etc.). Further the<\/p>\n

                                                                                                    Provider after providing appropriate evidence of an authorized person<\/p>\n

                                                                                                    Grant access to the book-assist account of the individual company concerned or set the account to<\/p>\n

                                                                                                    transferred to such a person (e.g. heir). Is the authorization in doubt or does it raise<\/p>\n

                                                                                                    several parties have divergent claims, the Provider may refuse to issue data or<\/p>\n

                                                                                                    refuse to take further steps.<\/p>\n

                                                                                                      \n
                                                                                                    1. Communications<\/li>\n<\/ol>\n

                                                                                                      16.1. All notices, except as provided in this Agreement or by law, shall be<\/p>\n

                                                                                                      more stringent form is mandatory, in writing or by e-mail to the address specified by the customer.<\/p>\n

                                                                                                      specified in the bookassist account or indicated on the provider’s website.<\/p>\n

                                                                                                      (e-mail) addresses. The Customer is obliged to notify the Provider of address changes<\/p>\n

                                                                                                      (incl. e-mail) without delay, respectively to adjust in the Buchassist account,<\/p>\n

                                                                                                      Otherwise, notices sent to the last known address shall be deemed to be legally effective.<\/p>\n

                                                                                                      received.<\/p>\n

                                                                                                        \n
                                                                                                      1. Privacy<\/li>\n<\/ol>\n

                                                                                                        17.1. With the acceptance of these GTC, the customer simultaneously declares his consent to the<\/p>\n

                                                                                                        Privacy policy (attachment 1) and to the order processing agreement (Annex 2) of the<\/p>\n

                                                                                                        Provider in each case in the currently valid version. This is permanently available on the website of the<\/p>\n

                                                                                                        provider is switched on. The customer declares to know these documents.<\/p>\n

                                                                                                          \n
                                                                                                        1. Intellectual property rights<\/li>\n<\/ol>\n

                                                                                                          18.1. All intellectual property rights to the SaaS services of the Provider, in particular to<\/p>\n

                                                                                                          of the software Buchassist as well as to the website remain the property of the provider.<\/p>\n

                                                                                                            \n
                                                                                                          1. Secrecy obligation<\/li>\n<\/ol>\n

                                                                                                            19.1. The Provider undertakes to inform the Provider about all the information it receives in the course of the preparation, implementation and<\/p>\n

                                                                                                            confidential processes that have come to our knowledge in the course of the performance of this contract, in particular<\/p>\n

                                                                                                            business or trade secrets of the customer and to keep them confidential.<\/p>\n

                                                                                                            Information without authorization of the customer not to outside third parties<\/p>\n

                                                                                                            to pass on. This applies vis-\u00e0-vis any unauthorized third party, provided that the disclosure of<\/p>\n

                                                                                                            Information is not required for the proper fulfillment of the contractual obligations of the<\/p>\n

                                                                                                            provider is required.<\/p>\n<\/p>\n

                                                                                                            19.3. The Customer authorizes the Provider to name the Customer publicly as a reference and to<\/p>\n

                                                                                                            General about the agreed contract in an appropriate manner for marketing, public<\/p>\n

                                                                                                            relations and sales purposes. However, the provider will notify the customer before<\/p>\n

                                                                                                            Publication contact, whereby the customer exclusively for important reasons its<\/p>\n

                                                                                                            can revoke consent.<\/p>\n

                                                                                                              \n
                                                                                                            1. Severability clause<\/li>\n<\/ol>\n

                                                                                                              20.1. Should individual provisions of this contract be or become invalid or void,<\/p>\n

                                                                                                              this shall not affect the validity of the remaining provisions. The ineffective or<\/p>\n

                                                                                                              void provision shall be replaced by a new, legally permissible provision.<\/p>\n

                                                                                                              replace the economic significance and effect of the ineffective or<\/p>\n

                                                                                                              void provision comes closest. The same procedure shall be followed if a<\/p>\n

                                                                                                              contractual gap becomes apparent.<\/p>\n

                                                                                                                \n
                                                                                                              1. Applicable law and place of jurisdiction<\/li>\n<\/ol>\n

                                                                                                                21.1. This Agreement, including the issues of its formation and validity, is subject to<\/p>\n

                                                                                                                Swiss law, excluding the conflict of law rules and international agreements.<\/p>\n

                                                                                                                21.2. Exclusive place of jurisdiction for all disputes arising from or in connection with<\/p>\n

                                                                                                                this Agreement and with respect to the subject matter hereof, including the<\/p>\n

                                                                                                                Questions of formation, validity, invalidity, binding nature<\/p>\n

                                                                                                                implementation, modification or amendment, breach or termination of this<\/p>\n

                                                                                                                contract, is at the registered office of the Provider.<\/p>\n

                                                                                                                  \n
                                                                                                                1. Priority<\/li>\n<\/ol>\n

                                                                                                                  22.1. In the event of any inconsistencies between the German version of these GTC and its annexes and a<\/p>\n

                                                                                                                  version in another language, the German version has priority.<\/p>\n

                                                                                                                  Last version: November 2022<\/p>\n

                                                                                                                  Accentoris AG<\/p>\n

                                                                                                                  Auerstrasse 14<\/p>\n

                                                                                                                  9442 Berneck<\/p>\n

                                                                                                                  Switzerland<\/p>\n

                                                                                                                  Annex 1 Privacy policy<\/p>\n

                                                                                                                  Annex 2 Order processing contract<\/p><\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

                                                                                                                  \n\t\t\t\t
                                                                                                                  \n\t\t\t\t\t\t\t\t\t

                                                                                                                  General terms and conditions<\/p>\n

                                                                                                                  Accentoris AG<\/p>\n

                                                                                                                  These General Terms and Conditions (“GTC”) govern the contractual relationship between Accentoris AG<\/p>\n

                                                                                                                  (“Provider”) and its customers (hereinafter “Customer”). By filling in the<\/p>\n

                                                                                                                  Login screen for registering and ordering a user account (“bookassist account”) on the website<\/p>\n

                                                                                                                  of the Provider, the Customer accepts the following provisions without reservation. The provider retains<\/p>\n

                                                                                                                  reserves the right to make subsequent changes or additions to the GTC. These are<\/p>\n

                                                                                                                  become an integral part of the contract, unless the customer objects within 14 days of becoming aware of them.<\/p>\n

                                                                                                                  The current version is published on the provider’s website (https:\/\/www. Buchassist.com\/).<\/p>\n

                                                                                                                  published.<\/p>\n

                                                                                                                    \n
                                                                                                                  1. Subject of the contract<\/li>\n<\/ol>\n

                                                                                                                    1.1. With the software and plugin Buchassist (hereinafter “Buchassist”), the Provider provides for its customers<\/p>\n

                                                                                                                    predominantly Software as a Service (“SaaS”) services via the Internet in the area of<\/p>\n

                                                                                                                    business management software. In addition, the Provider provides further services<\/p>\n

                                                                                                                    in different areas (hereinafter collectively referred to as “Services”). For the respective<\/p>\n

                                                                                                                    Scope of services and the conditions is referred to the current service description on the<\/p>\n

                                                                                                                    Website of the provider referred to. The subject of the contract is in particular:<\/p>\n

                                                                                                                      \n
                                                                                                                    1. a) the provision of the Buchassist software for use via the Internet;<\/li>\n
                                                                                                                    2. b) the storage of the Customer’s data (“Data Hosting”);<\/li>\n
                                                                                                                    3. c) providing various add-ons in addition to the Buchassist software. The<\/li>\n<\/ol>\n

                                                                                                                      Add-ons are partly offered by the provider itself, partly by third parties.<\/p>\n

                                                                                                                      The add-ons can be installed directly in the bookassist account<\/p>\n

                                                                                                                      ordered, respectively set up.<\/p>\n

                                                                                                                        \n
                                                                                                                      1. Software transfer<\/li>\n<\/ol>\n

                                                                                                                        2.1. For the duration of this contract, the Provider shall provide the Customer with the Buchassist software in the<\/p>\n

                                                                                                                        The current version of the software is available for use on the Internet free of charge. To this<\/p>\n

                                                                                                                        purpose, the provider stores the software on a server that is accessible via the Internet for the<\/p>\n

                                                                                                                        customers can be reached.<\/p>\n

                                                                                                                        2.2. The Provider shall continuously develop the Software and shall keep it up-to-date through regular<\/p>\n

                                                                                                                        Improve updates and upgrades. The respective current scope of functions results from the<\/p>\n

                                                                                                                        Service description on the provider’s website.<\/p>\n

                                                                                                                        2.3. The Provider shall continuously monitor the functionality of the Software and, after<\/p>\n

                                                                                                                        To the extent technically possible, software errors.<\/p>\n

                                                                                                                          \n
                                                                                                                        1. Rights to use the software<\/li>\n<\/ol>\n

                                                                                                                          3.1. The Provider grants the Customer the non-exclusive and non-transferable right,<\/p>\n

                                                                                                                          the Buchassist software during the term of the contract within the scope of the respective<\/p>\n

                                                                                                                          to use the scope of services as intended.<\/p>\n

                                                                                                                          3.2. The customer may neither duplicate nor edit the software, unless this is stipulated in the<\/p>\n

                                                                                                                          current service description on the website is expressly permitted or by the provider.<\/p>\n

                                                                                                                          has been approved in writing. Prohibited in particular is the even temporary<\/p>\n

                                                                                                                          Installation or saving of the software on data carriers (hard disks, etc.) of the<\/p>\n

                                                                                                                          hardware used by the customer (with the exception of RAM).<\/p>\n

                                                                                                                          3.3. The customer is not entitled to sell or transfer this software to unauthorized third parties.<\/p>\n

                                                                                                                          to make available for use free of charge. Any form of making available the<\/p>\n

                                                                                                                          Software to third parties is expressly forbidden to the customer, unless this is specified in the current<\/p>\n

                                                                                                                          Service description on the website expressly permitted or by the provider in writing.<\/p>\n

                                                                                                                          was approved.<\/p>\n

                                                                                                                          3.4. The customer undertakes to conduct his contractual relations with third parties in such a way<\/p>\n

                                                                                                                          that unlawful use of the software by third parties is effectively prevented.<\/p>\n

                                                                                                                          is prevented.<\/p>\n

                                                                                                                            \n
                                                                                                                          1. Data Hosting<\/li>\n<\/ol>\n

                                                                                                                            4.1. The provider leaves a defined storage space to the customer (see<\/p>\n

                                                                                                                            Service Description) on a server to store its data. Provided that the<\/p>\n

                                                                                                                            storage space should not be sufficient to store the data, the provider shall<\/p>\n

                                                                                                                            Inform customers in good time. Unless the customer subsequently requests further<\/p>\n

                                                                                                                            storage space against payment, data that exceeds the available storage space will be<\/p>\n

                                                                                                                            exceed, are no longer stored.<\/p>\n

                                                                                                                            4.2. The Provider shall ensure that the data stored via the Internet within the scope of<\/p>\n

                                                                                                                            of the technical possibilities are retrievable.<\/p>\n

                                                                                                                            4.3. The customer is not entitled to assign this storage space to a third party in part or in full,<\/p>\n

                                                                                                                            for use in return for payment or free of charge.<\/p>\n

                                                                                                                            4.4. The customer undertakes not to store any content on the storage space whose<\/p>\n

                                                                                                                            Provision, publication and use against applicable law or agreements<\/p>\n

                                                                                                                            with third parties.<\/p>\n

                                                                                                                            4.5. The Provider shall take appropriate and reasonable measures within the scope of the technical possibilities.<\/p>\n

                                                                                                                            Precautions against data loss and to prevent unauthorized access by third parties to the<\/p>\n

                                                                                                                            Data of the customer. For this purpose, the Provider will make regular backups, which will be<\/p>\n

                                                                                                                            Check customer’s data for viruses as well as install firewalls.<\/p>\n

                                                                                                                            4.6. In any case, the customer remains the sole owner of the data and can therefore demand that the provider<\/p>\n

                                                                                                                            during the term of the contract, the surrender of individual or all data<\/p>\n

                                                                                                                            without the Provider having a right of retention. The publication of the<\/p>\n

                                                                                                                            Data is transmitted via a data network in which the provider has<\/p>\n

                                                                                                                            format used. The customer has no right to the data required for the use of the data.<\/p>\n

                                                                                                                            suitable software. The Provider is entitled to charge a fee for the release of the data.<\/p>\n

                                                                                                                            to demand compensation for expenses.<\/p>\n

                                                                                                                            4.7. After termination of the contract, the customer is still entitled for one month to use the<\/p>\n

                                                                                                                            Release of his data according to para. 4.6. to require. The provider is not obligated,<\/p>\n

                                                                                                                            to store the customer’s data beyond this period or to demand the surrender of the data.<\/p>\n

                                                                                                                            ensure If, after the expiration of the one-month period, a customer requests the surrender of<\/p>\n

                                                                                                                            data and if these data are still available at the provider, the provider will give the<\/p>\n

                                                                                                                            data to the customer after payment of the costs actually incurred for this.<\/p>\n

                                                                                                                              \n
                                                                                                                            1. Subcontractor<\/li>\n<\/ol>\n

                                                                                                                              5.1. The Provider may, for the purpose of fulfilling the contractual performance, in particular to<\/p>\n

                                                                                                                              Software programming, involve subcontractors\/third parties. In the case of the authorized<\/p>\n

                                                                                                                              The provider is responsible for the careful instruction of the consulted persons.<\/p>\n

                                                                                                                              5.2. The warranty and liability for subcontractors\/third parties shall be governed in accordance with Chapter 14<\/p>\n

                                                                                                                              excluded to the extent permitted by law.<\/p>\n

                                                                                                                                \n
                                                                                                                              1. Cooperation with third parties<\/li>\n<\/ol>\n

                                                                                                                                6.1. The customer has the possibility to give a third party access to his<\/p>\n

                                                                                                                                Buchassist account<\/span> and thus ensure the exchange of data. The customer retains<\/p>\n

                                                                                                                                At the same time, full control over the access rights of the third party at all times<\/p>\n

                                                                                                                                to its data and can restrict or deny access at any time.<\/p>\n

                                                                                                                                6.2. In addition, the Provider allows the third party itself as a customer to have a bookassist account<\/p>\n

                                                                                                                                opened In this case, the third party manages the access rights as a customer and can<\/p>\n

                                                                                                                                grant, respectively restrict or deny them to third parties. The provider<\/p>\n

                                                                                                                                reserves the right, however, to pass on specific data to third parties in justified individual cases.<\/p>\n

                                                                                                                                authorized third parties.<\/p>\n

                                                                                                                                6.3. By granting access rights to third parties, the customer expressly declares his<\/p>\n

                                                                                                                                Consent that the Provider may disclose to the Authorized Person any and all data released<\/p>\n

                                                                                                                                or allow access to it. For the data processing of the<\/p>\n

                                                                                                                                The Provider does not assume any responsibility for the access of third parties (e.g. trustees). At<\/p>\n

                                                                                                                                For the rest, reference is made to chapter 3 of the provider’s privacy policy.<\/p>\n

                                                                                                                                  \n
                                                                                                                                1. App Marketplace \/ Third Party Add-ons<\/li>\n<\/ol>\n

                                                                                                                                  7.1. The Provider provides an interface (“API”) for communication with software from<\/p>\n

                                                                                                                                  Third-party providers available. This gives the customer the opportunity to use the software to<\/p>\n

                                                                                                                                  Buchassist<\/span> also offers various additional packages and services from third-party providers.<\/p>\n

                                                                                                                                  (“add-ons”) to be integrated. In addition, the customer may allow further third parties to<\/p>\n

                                                                                                                                  Grant authorization to use the interface to his Book Assist account. Unless<\/p>\n

                                                                                                                                  expressly agreed otherwise, a contractual relationship concerning the use of the<\/p>\n

                                                                                                                                  of the third-party add-ons shall be exclusively between the customer and the third-party provider.<\/p>\n

                                                                                                                                  7.2. Insofar as access rights are required for the use of an add-on, the customer agrees to<\/p>\n

                                                                                                                                  with the order or integration of the Add-on expressly agrees, all<\/p>\n

                                                                                                                                  to grant the access rights required for this purpose. The Provider is then entitled,<\/p>\n

                                                                                                                                  to provide all data of the customer necessary for the use of the add-on.<\/p>\n

                                                                                                                                  or to allow access to them. The customer retains at all times the full<\/p>\n

                                                                                                                                  Control over the third party’s access rights to its data and can restrict access<\/p>\n

                                                                                                                                  limit or deny at any time. The customer agrees that the<\/p>\n

                                                                                                                                  Provider or the third party provider when using additional add-ons data with this<\/p>\n

                                                                                                                                  Third-party provider exchanges.<\/p>\n

                                                                                                                                  7.3. Any warranty and liability shall be excluded pursuant to sec. 14.7 explicit<\/p>\n

                                                                                                                                  excluded. In particular, the Provider assumes responsibility for the data processing of the<\/p>\n

                                                                                                                                  Third-party provider no responsibility.<\/p>\n

                                                                                                                                  7.4. Notwithstanding any representation to the contrary, Provider shall in any event have the right,<\/p>\n

                                                                                                                                  access to the Provider’s API for individual or all customers for important reasons.<\/p>\n

                                                                                                                                  reason to partially or completely restrict at any time. Good cause shall be deemed to exist in particular<\/p>\n

                                                                                                                                  if data is migrated via the interface to the detriment of the Provider or the<\/p>\n

                                                                                                                                  infrastructure is too heavily loaded via requests through this interface.<\/p>\n

                                                                                                                                  7.5. By ordering the add-on, the customer declares his agreement to the GTC as well as to the<\/p>\n

                                                                                                                                  Privacy policy of the respective third-party provider. For the rest, reference is made to Chapter 3 of the<\/p>\n

                                                                                                                                  Privacy policy of the provider.<\/p>\n

                                                                                                                                    \n
                                                                                                                                  1. Third-party consulting services<\/li>\n<\/ol>\n

                                                                                                                                    8.1. The Provider offers third-party consulting services to its customers. The<\/p>\n

                                                                                                                                    In accordance with the current service description on the Provider’s website, Customers are entitled to receive<\/p>\n

                                                                                                                                    of consulting services from third-party providers. The<\/p>\n

                                                                                                                                    Consulting services can be provided in particular, but not exclusively, on the basis of<\/p>\n

                                                                                                                                    Insurance contracts are offered between the provider and the third party vendors.<\/p>\n

                                                                                                                                    8.2. In order for the third-party provider to verify the customer’s eligibility and have the necessary<\/p>\n

                                                                                                                                    contact information, the following data will be transmitted to the third party provider:<\/p>\n

                                                                                                                                      \n
                                                                                                                                    1. a) Name \/ Company of the company;<\/li>\n
                                                                                                                                    2. b) Address (street, postal code, city, address additions);<\/li>\n
                                                                                                                                    3. c) concluded contracts between the Provider and the Customer;<\/li>\n
                                                                                                                                    4. d) Telephone number(s);<\/li>\n
                                                                                                                                    5. e) E-mail address(es).<\/li>\n<\/ol>\n

                                                                                                                                      8.3. Customers must, upon request to the third-party provider, confirm their eligibility for the<\/p>\n

                                                                                                                                      be able to prove receipt of the consulting services at any time. The customers are in favor<\/p>\n

                                                                                                                                      responsible to grant access to the consulting services exclusively to authorized<\/p>\n

                                                                                                                                      employees (e.g. by disclosing the telephone number of the third-party provider).<\/p>\n

                                                                                                                                      8.4. The customer obtains the respective consulting services in accordance with the present chapter<\/p>\n

                                                                                                                                      exclusively from the third-party provider. All of the customer’s entitlements to benefits exist<\/p>\n

                                                                                                                                      accordingly exclusively against the third-party provider. In particular, there is between<\/p>\n

                                                                                                                                      Provider and the Customer shall at no time have any consulting or<\/p>\n

                                                                                                                                      Insurance contract.<\/p>\n

                                                                                                                                      8.5. The Provider reserves the right to terminate the consulting services for important reasons at any time.<\/p>\n

                                                                                                                                      to restrict or terminate for individual customers. An important reason is<\/p>\n

                                                                                                                                      in particular in the event of cross-regulatory or excessive use of the offer.<\/p>\n

                                                                                                                                      8.6. By accepting the present GTC, the customers simultaneously declare their agreement to<\/p>\n

                                                                                                                                      to the general terms and conditions as well as to the privacy policy of the respective<\/p>\n

                                                                                                                                      Third party provider.<\/p>\n

                                                                                                                                        \n
                                                                                                                                      1. Support<\/li>\n<\/ol>\n

                                                                                                                                        10.1. The Provider will respond to inquiries (by e-mail or telephone) from the Customer regarding the Buchassist software and<\/p>\n

                                                                                                                                        other services provided by the Provider within the scope of the services offered on the Provider’s website<\/p>\n

                                                                                                                                        published business hours as soon as possible after receipt of the respective question<\/p>\n

                                                                                                                                        answer by phone or in writing. This does not include support for software<\/p>\n

                                                                                                                                        and third-party services (e.g. add-ons).<\/p>\n

                                                                                                                                          \n
                                                                                                                                        1. Impairment of accessibility<\/li>\n<\/ol>\n

                                                                                                                                          11.1. Adjustments, modifications and additions to the contractual<\/p>\n

                                                                                                                                          SaaS services of the provider as well as measures that serve to detect and remedy<\/p>\n

                                                                                                                                          of functional disturbances will only lead to a temporary interruption of the<\/p>\n

                                                                                                                                          or impairment of accessibility, if this is not possible for technical reasons.<\/p>\n

                                                                                                                                          is required.<\/p>\n

                                                                                                                                          11.2. The monitoring of the basic functions as well as the maintenance of the Buchassist software is carried out<\/p>\n

                                                                                                                                          regularly. In case of serious errors (i.e. the use of the Buchassist software is no longer<\/p>\n

                                                                                                                                          possible or considerably restricted), maintenance is usually carried out within 4 hours from<\/p>\n

                                                                                                                                          Knowledge or notification by the customer. The Provider will inform the Customer about the<\/p>\n

                                                                                                                                          Notify maintenance work in good time and carry it out as quickly as possible. The<\/p>\n

                                                                                                                                          Provider makes every effort to ensure the highest possible availability of the Buchassist software.<\/p>\n

                                                                                                                                          11.3. Third-party services are excluded from this chapter. The provider<\/p>\n

                                                                                                                                          in particular for add-ons, which are the responsibility of third parties, can not be<\/p>\n

                                                                                                                                          Ensure availability.<\/p>\n

                                                                                                                                            \n
                                                                                                                                          1. Duties of the customer<\/li>\n<\/ol>\n

                                                                                                                                            12.1. The customer undertakes to use the SaaS services exclusively for the<\/p>\n

                                                                                                                                            use for the purpose stipulated in the contract. He bears sole responsibility for the content,<\/p>\n

                                                                                                                                            which he as well as the users he has set up use the<\/p>\n

                                                                                                                                            Create, transmit or use SaaS services. The customer is responsible for the<\/p>\n

                                                                                                                                            necessary system requirements (in particular hardware and software) to use the<\/p>\n

                                                                                                                                            Software Buchassist responsible. The customer is responsible for the entry and maintenance of his<\/p>\n

                                                                                                                                            data and information required to use the SaaS services – without prejudice to<\/p>\n

                                                                                                                                            the provider’s obligation to back up data – responsible.<\/p>\n

                                                                                                                                            12.2. The customer is obligated to check his data and information for viruses or<\/p>\n

                                                                                                                                            other harmful components and to check the state of the art for this purpose.<\/p>\n

                                                                                                                                            use appropriate anti-virus programs.<\/p>\n

                                                                                                                                            12.3. The customer is obliged to prevent unauthorized access to the software by third parties by means of suitable<\/p>\n

                                                                                                                                            precautions to prevent. The customer is obliged to inform his employees about the<\/p>\n

                                                                                                                                            existing intellectual property rights and to ensure compliance with them.<\/p>\n

                                                                                                                                            In particular, the customer shall instruct its employees not to make any copies of the<\/p>\n

                                                                                                                                            software or to pass on access data to third parties.<\/p>\n

                                                                                                                                            12.4. When using the SaaS services for the first time, the customer must create a “User ID” himself.<\/p>\n

                                                                                                                                            incl. Generate password, which is required to access the bookassist account. The<\/p>\n

                                                                                                                                            Customer is obliged to provide his “User ID” incl. Password secret and third parties<\/p>\n

                                                                                                                                            not to make them accessible to third parties. The Customer shall immediately notify the Provider of any<\/p>\n

                                                                                                                                            unauthorized use or otherwise attacking security. In<\/p>\n

                                                                                                                                            in such cases, the provider will store the “User ID” incl. Reset the customer’s password.<\/p>\n

                                                                                                                                            12.5. The customer shall take all measures which, in its reasonable discretion, are necessary for the<\/p>\n

                                                                                                                                            Maintaining or improving the security of the data, the software and the<\/p>\n

                                                                                                                                            network connections are required. In particular, the customer undertakes to keep its<\/p>\n

                                                                                                                                            Change password regularly, but at least every sixty (60) days.<\/p>\n

                                                                                                                                            12.6. The customer is obligated to keep his details in his Buchassist account, in particular the<\/p>\n

                                                                                                                                            stored personal data such as residential\/domicile address, e-mail address for messages and<\/p>\n

                                                                                                                                            invoice deliveries as well as telephone number(s), always (daily) up to date.<\/p>\n

                                                                                                                                            12.7. After termination of the contractual relationship, the customer himself is responsible for securing his<\/p>\n

                                                                                                                                            Data responsible. The Provider is entitled to delete all data one month after<\/p>\n

                                                                                                                                            termination of the contract irrevocably.<\/p>\n

                                                                                                                                            12.8. If the customer violates any obligations according to these GTC or further<\/p>\n

                                                                                                                                            contractual provisions, the Provider shall be authorized to transfer the book-assist account and thus the<\/p>\n

                                                                                                                                            Access to all services of the Provider temporarily or permanently<\/p>\n

                                                                                                                                            to restrict or block.<\/p>\n

                                                                                                                                              \n
                                                                                                                                            1. Charge<\/li>\n<\/ol>\n

                                                                                                                                              13.1. The Customer undertakes to pay to the Provider for the services ordered the amount due in accordance with its<\/p>\n

                                                                                                                                              Subscription \/ corresponding service description agreed fee plus. VAT to be paid.<\/p>\n

                                                                                                                                              13.2. Unless otherwise agreed in writing, the fee shall be paid in advance in each case.<\/p>\n

                                                                                                                                              13.3. The Provider will send an invoice to the Customer for the fee owed under the contract to<\/p>\n

                                                                                                                                              the e-mail address stored with the billing address.<\/p>\n

                                                                                                                                              13.4. The Provider shall be entitled at any time by written notice to the Customer to<\/p>\n

                                                                                                                                              to adjust the charges and\/or service contents. Reasons for such<\/p>\n

                                                                                                                                              Change in performance are in particular the technical progress and further development<\/p>\n

                                                                                                                                              of the software. If the customer does not wish to continue the contract at the amended rates and<\/p>\n

                                                                                                                                              If the changes represent a deterioration of the conditions from the customer’s point of view, it is<\/p>\n

                                                                                                                                              for extraordinary termination with a notice period of 14 days to the date of change<\/p>\n

                                                                                                                                              authorized.<\/p>\n

                                                                                                                                              13.5. In the event of a delay in payment, the Provider is entitled to terminate the bookassist account and thus the<\/p>\n

                                                                                                                                              temporarily block access to all services of the Provider. In this case<\/p>\n

                                                                                                                                              the agreed fee remains due in full even during the blocking. The<\/p>\n

                                                                                                                                              Access will be reactivated after payment of outstanding invoices. Digit. 15.5<\/p>\n

                                                                                                                                              remains reserved.<\/p>\n

                                                                                                                                                \n
                                                                                                                                              1. Warranty \/ Liability<\/li>\n<\/ol>\n

                                                                                                                                                14.1. The Provider shall provide for the functional and operational readiness of the<\/p>\n

                                                                                                                                                SaaS Services Warranty in accordance with the provisions in these GTC.<\/p>\n

                                                                                                                                                14.2. The Customer undertakes to indemnify the Provider against all claims by third parties based on the<\/p>\n

                                                                                                                                                stored data and to reimburse the Provider for all costs,<\/p>\n

                                                                                                                                                incurred by the latter due to possible infringements of rights.<\/p>\n

                                                                                                                                                14.3. The Provider is entitled to immediately block the storage space if the justified<\/p>\n

                                                                                                                                                there is suspicion that the stored data is illegal and\/or rights of third parties<\/p>\n

                                                                                                                                                injure A reasonable suspicion for an illegality and\/or an<\/p>\n

                                                                                                                                                Violation of rights exists in particular when courts, authorities and\/or other<\/p>\n

                                                                                                                                                third party to notify the Provider thereof. The Provider has informed the Customer of the<\/p>\n

                                                                                                                                                distance and the reason for it without delay. The lock is to be lifted,<\/p>\n

                                                                                                                                                as soon as the suspicion has been fully rebutted.<\/p>\n

                                                                                                                                                14.4. Within the framework of the statutory provisions, the Provider excludes any liability<\/p>\n

                                                                                                                                                towards the customer (or any third party) in particular for the fulfillment of its<\/p>\n

                                                                                                                                                contractual and non-contractual obligations as well as for the loss of data from<\/p>\n

                                                                                                                                                (including for negligence). This exclusion of liability shall also apply to the damage<\/p>\n

                                                                                                                                                arises directly or indirectly from the use of the Buchassist software.<\/p>\n

                                                                                                                                                14.5. If the Provider has auxiliary persons for the fulfillment of its contractual obligations<\/p>\n

                                                                                                                                                If a member of the Board of Directors is called in, he shall be responsible for the careful instruction of the persons called in. For the rest<\/p>\n

                                                                                                                                                Warranty and liability are fully excluded to the extent permitted by law.<\/p>\n

                                                                                                                                                excluded. This exclusion of warranty and liability also applies in particular to<\/p>\n

                                                                                                                                                Intent and gross negligence.<\/p>\n

                                                                                                                                                14.6. In all cases, regardless of the basis of liability, the Provider’s liability is limited to the<\/p>\n

                                                                                                                                                Amount of the monthly license fee in the last twelve months before the accrual of the<\/p>\n

                                                                                                                                                Damage limited.<\/p>\n

                                                                                                                                                14.7. The warranty for the functional and operational readiness as well as the liability regarding<\/p>\n

                                                                                                                                                to third-party software and services (especially add-ons,<\/p>\n

                                                                                                                                                consulting services, bank interfaces) is provided to the extent permitted by law.<\/p>\n

                                                                                                                                                fully excluded.<\/p>\n

                                                                                                                                                  \n
                                                                                                                                                1. Contract duration<\/li>\n<\/ol>\n

                                                                                                                                                  15.1. The contractual relationship begins with the registration and order by the customer.<\/p>\n

                                                                                                                                                  15.2. The contractual relationship is concluded for an indefinite period. Consequently, the respective<\/p>\n

                                                                                                                                                  Subscription (monthly, annual, etc.) automatically for another billing period<\/p>\n

                                                                                                                                                  extended as long as the contractual relationship is not terminated in accordance with this chapter.<\/p>\n

                                                                                                                                                  was.<\/p>\n

                                                                                                                                                  15.3. The parties are entitled to terminate the agreement with one month’s notice as of the end of<\/p>\n

                                                                                                                                                  the current billing period of the respective subscription (monthly subscription, annual subscription, etc.)<\/p>\n

                                                                                                                                                  to terminate the contractual relationship. Agreements to the contrary concerning<\/p>\n

                                                                                                                                                  Cancellation periods remain reserved (especially in the context of special promotions).<\/p>\n

                                                                                                                                                  15.4. Form of termination: The cancellation must be made online in the customer’s Buchassist account. At<\/p>\n

                                                                                                                                                  Following the termination, the customer receives an e-mail from the provider with a<\/p>\n

                                                                                                                                                  Confirmation link. When this confirmation is received by the provider, the<\/p>\n

                                                                                                                                                  bookassist account<\/span> after the expiry of the one-month notice period at the end of the respective<\/p>\n

                                                                                                                                                  Biennium locked. The decisive date for termination is the date of receipt of the<\/p>\n

                                                                                                                                                  Confirmation of termination with the provider.<\/p>\n

                                                                                                                                                  15.5. The parties reserve the right to terminate the contract immediately for good cause.<\/p>\n

                                                                                                                                                  unprejudiced. An important reason for the immediate termination of this contract is for the<\/p>\n

                                                                                                                                                  Provider in particular then before,<\/p>\n

                                                                                                                                                    \n
                                                                                                                                                  1. a) if the customer falls into bankruptcy or the bankruptcy proceedings are initiated for lack of assets<\/li>\n<\/ol>\n

                                                                                                                                                    was set;<\/p>\n

                                                                                                                                                      \n
                                                                                                                                                    1. b) if the customer is in arrears with payment obligations arising from this contractual relationship.<\/li>\n<\/ol>\n

                                                                                                                                                      of at least one month’s remuneration is in arrears and he has been given notice of default.<\/p>\n

                                                                                                                                                      a grace period of two weeks has been granted without success;<\/p>\n

                                                                                                                                                        \n
                                                                                                                                                      1. c) if the customer, when using the services that are the subject of the contract, culpably<\/li>\n<\/ol>\n

                                                                                                                                                        violates legal regulations or infringes on copyrights, industrial property rights or<\/p>\n

                                                                                                                                                        name rights of third parties;<\/p>\n

                                                                                                                                                          \n
                                                                                                                                                        1. d) if the customer seriously violates obligations according to these GTC or<\/li>\n<\/ol>\n

                                                                                                                                                          violates any other contractual provisions;<\/p>\n

                                                                                                                                                            \n
                                                                                                                                                          1. e) when using the distributed services for the purpose of promoting criminal,<\/li>\n<\/ol>\n

                                                                                                                                                            unlawful and ethically questionable actions by the customer.<\/p>\n

                                                                                                                                                            15.6. In the event of the death of the owner of a sole proprietorship, the Provider shall in principle be liable for the<\/p>\n

                                                                                                                                                            Release of the data of the sole proprietorship to authorized persons (in particular<\/p>\n

                                                                                                                                                            family members, trustees) are entitled. This issuance is conditional upon proof of a<\/p>\n

                                                                                                                                                            legitimate interest (e.g. succession planning, division of an estate, etc.). Further the<\/p>\n

                                                                                                                                                            Provider after providing appropriate evidence of an authorized person<\/p>\n

                                                                                                                                                            Grant access to the book-assist account of the individual company concerned or set the account to<\/p>\n

                                                                                                                                                            transferred to such a person (e.g. heir). Is the authorization in doubt or does it raise<\/p>\n

                                                                                                                                                            several parties have divergent claims, the Provider may refuse to issue data or<\/p>\n

                                                                                                                                                            refuse to take further steps.<\/p>\n

                                                                                                                                                              \n
                                                                                                                                                            1. Communications<\/li>\n<\/ol>\n

                                                                                                                                                              16.1. All notices, except as provided in this Agreement or by law, shall be<\/p>\n

                                                                                                                                                              more stringent form is mandatory, in writing or by e-mail to the address specified by the customer.<\/p>\n

                                                                                                                                                              specified in the bookassist account or indicated on the provider’s website.<\/p>\n

                                                                                                                                                              (e-mail) addresses. The Customer is obliged to notify the Provider of address changes<\/p>\n

                                                                                                                                                              (incl. e-mail) without delay, respectively to adjust in the Buchassist account,<\/p>\n

                                                                                                                                                              Otherwise, notices sent to the last known address shall be deemed to be legally effective.<\/p>\n

                                                                                                                                                              received.<\/p>\n

                                                                                                                                                                \n
                                                                                                                                                              1. Privacy<\/li>\n<\/ol>\n

                                                                                                                                                                17.1. With the acceptance of these GTC, the customer simultaneously declares his consent to the<\/p>\n

                                                                                                                                                                Privacy policy (attachment 1) and to the order processing agreement (Annex 2) of the<\/p>\n

                                                                                                                                                                Provider in each case in the currently valid version. This is permanently available on the website of the<\/p>\n

                                                                                                                                                                provider is switched on. The customer declares to know these documents.<\/p>\n

                                                                                                                                                                  \n
                                                                                                                                                                1. Intellectual property rights<\/li>\n<\/ol>\n

                                                                                                                                                                  18.1. All intellectual property rights to the SaaS services of the Provider, in particular to<\/p>\n

                                                                                                                                                                  of the software Buchassist as well as to the website remain the property of the provider.<\/p>\n

                                                                                                                                                                    \n
                                                                                                                                                                  1. Secrecy obligation<\/li>\n<\/ol>\n

                                                                                                                                                                    19.1. The Provider undertakes to inform the Provider about all the information it receives in the course of the preparation, implementation and<\/p>\n

                                                                                                                                                                    confidential processes that have come to our knowledge in the course of the performance of this contract, in particular<\/p>\n

                                                                                                                                                                    business or trade secrets of the customer and to keep them confidential.<\/p>\n

                                                                                                                                                                    Information without authorization of the customer not to outside third parties<\/p>\n

                                                                                                                                                                    to pass on. This applies vis-\u00e0-vis any unauthorized third party, provided that the disclosure of<\/p>\n

                                                                                                                                                                    Information is not required for the proper fulfillment of the contractual obligations of the<\/p>\n

                                                                                                                                                                    provider is required.<\/p>\n<\/p>\n

                                                                                                                                                                    19.3. The Customer authorizes the Provider to name the Customer publicly as a reference and to<\/p>\n

                                                                                                                                                                    General about the agreed contract in an appropriate manner for marketing, public<\/p>\n

                                                                                                                                                                    relations and sales purposes. However, the provider will notify the customer before<\/p>\n

                                                                                                                                                                    Publication contact, whereby the customer exclusively for important reasons its<\/p>\n

                                                                                                                                                                    can revoke consent.<\/p>\n

                                                                                                                                                                      \n
                                                                                                                                                                    1. Severability clause<\/li>\n<\/ol>\n

                                                                                                                                                                      20.1. Should individual provisions of this contract be or become invalid or void,<\/p>\n

                                                                                                                                                                      this shall not affect the validity of the remaining provisions. The ineffective or<\/p>\n

                                                                                                                                                                      void provision shall be replaced by a new, legally permissible provision.<\/p>\n

                                                                                                                                                                      replace the economic significance and effect of the ineffective or<\/p>\n

                                                                                                                                                                      void provision comes closest. The same procedure shall be followed if a<\/p>\n

                                                                                                                                                                      contractual gap becomes apparent.<\/p>\n

                                                                                                                                                                        \n
                                                                                                                                                                      1. Applicable law and place of jurisdiction<\/li>\n<\/ol>\n

                                                                                                                                                                        21.1. This Agreement, including the issues of its formation and validity, is subject to<\/p>\n

                                                                                                                                                                        Swiss law, excluding the conflict of law rules and international agreements.<\/p>\n

                                                                                                                                                                        21.2. Exclusive place of jurisdiction for all disputes arising from or in connection with<\/p>\n

                                                                                                                                                                        this Agreement and with respect to the subject matter hereof, including the<\/p>\n

                                                                                                                                                                        Questions of formation, validity, invalidity, binding nature<\/p>\n

                                                                                                                                                                        implementation, modification or amendment, breach or termination of this<\/p>\n

                                                                                                                                                                        contract, is at the registered office of the Provider.<\/p>\n

                                                                                                                                                                          \n
                                                                                                                                                                        1. Priority<\/li>\n<\/ol>\n

                                                                                                                                                                          22.1. In the event of any inconsistencies between the German version of these GTC and its annexes and a<\/p>\n

                                                                                                                                                                          version in another language, the German version has priority.<\/p>\n

                                                                                                                                                                          Last version: November 2022<\/p>\n

                                                                                                                                                                          Accentoris AG<\/p>\n

                                                                                                                                                                          Auerstrasse 14<\/p>\n

                                                                                                                                                                          9442 Berneck<\/p>\n

                                                                                                                                                                          Switzerland<\/p>\n

                                                                                                                                                                          Annex 1 Privacy policy<\/p>\n

                                                                                                                                                                          Annex 2 Order processing contract<\/p><\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

                                                                                                                                                                          \n\t\t\t\t
                                                                                                                                                                          \n\t\t\t\t\t\t\t\t\t

                                                                                                                                                                          General terms and conditions<\/p>\n

                                                                                                                                                                          Accentoris AG<\/p>\n

                                                                                                                                                                          These General Terms and Conditions (“GTC”) govern the contractual relationship between Accentoris AG<\/p>\n

                                                                                                                                                                          (“Provider”) and its customers (hereinafter “Customer”). By filling in the<\/p>\n

                                                                                                                                                                          Login screen for registering and ordering a user account (“bookassist account”) on the website<\/p>\n

                                                                                                                                                                          of the Provider, the Customer accepts the following provisions without reservation. The provider retains<\/p>\n

                                                                                                                                                                          reserves the right to make subsequent changes or additions to the GTC. These are<\/p>\n

                                                                                                                                                                          become an integral part of the contract, unless the customer objects within 14 days of becoming aware of them.<\/p>\n

                                                                                                                                                                          The current version is published on the provider’s website (https:\/\/www. Buchassist.com\/).<\/p>\n

                                                                                                                                                                          published.<\/p>\n

                                                                                                                                                                            \n
                                                                                                                                                                          1. Subject of the contract<\/li>\n<\/ol>\n

                                                                                                                                                                            1.1. With the software and plugin Buchassist (hereinafter “Buchassist”) the Provider provides for its Customers<\/p>\n

                                                                                                                                                                            predominantly Software as a Service (“SaaS”) services via the Internet in the area of<\/p>\n

                                                                                                                                                                            business management software. In addition, the Provider provides further services<\/p>\n

                                                                                                                                                                            in different areas (hereinafter collectively referred to as “Services”). For the respective<\/p>\n

                                                                                                                                                                            Scope of services and the conditions is referred to the current service description on the<\/p>\n

                                                                                                                                                                            Website of the provider referred to. The subject of the contract is in particular:<\/p>\n

                                                                                                                                                                              \n
                                                                                                                                                                            1. a) the provision of the software Buchassist for use via the Internet;<\/li>\n
                                                                                                                                                                            2. b) the storage of the Customer’s data (“Data Hosting”);<\/li>\n
                                                                                                                                                                            3. c) providing various add-ons in addition to the Buchassist software. The<\/li>\n<\/ol>\n

                                                                                                                                                                              Add-ons are partly offered by the provider itself, partly by third parties.<\/p>\n

                                                                                                                                                                              The add-ons can be installed directly in the bookassist account<\/p>\n

                                                                                                                                                                              ordered, respectively set up.<\/p>\n

                                                                                                                                                                                \n
                                                                                                                                                                              1. Software transfer<\/li>\n<\/ol>\n

                                                                                                                                                                                2.1. For the duration of this Agreement, the Provider shall provide the Customer with the software Buchassist in the<\/p>\n

                                                                                                                                                                                The current version of the software is available for use on the Internet free of charge. To this<\/p>\n

                                                                                                                                                                                purpose, the provider stores the software on a server that is accessible via the Internet for the<\/p>\n

                                                                                                                                                                                customers can be reached.<\/p>\n

                                                                                                                                                                                2.2. The Provider shall continuously develop the Software and shall keep it up-to-date through regular<\/p>\n

                                                                                                                                                                                Improve updates and upgrades. The respective current scope of functions results from the<\/p>\n

                                                                                                                                                                                Service description on the provider’s website.<\/p>\n

                                                                                                                                                                                2.3. The Provider shall continuously monitor the functionality of the Software and, after<\/p>\n

                                                                                                                                                                                To the extent technically possible, software errors.<\/p>\n

                                                                                                                                                                                  \n
                                                                                                                                                                                1. Rights to use the software<\/li>\n<\/ol>\n

                                                                                                                                                                                  3.1. The Provider grants the Customer the non-exclusive and non-transferable right,<\/p>\n

                                                                                                                                                                                  the software Buchassist during the term of the contract within the scope of the respective<\/p>\n

                                                                                                                                                                                  to use the scope of services as intended.<\/p>\n

                                                                                                                                                                                  3.2. The customer may neither duplicate nor edit the software, unless this is stipulated in the<\/p>\n

                                                                                                                                                                                  current service description on the website is expressly permitted or by the provider.<\/p>\n

                                                                                                                                                                                  has been approved in writing. Prohibited in particular is the even temporary<\/p>\n

                                                                                                                                                                                  Installation or saving of the software on data carriers (hard disks, etc.) of the<\/p>\n

                                                                                                                                                                                  hardware used by the customer (with the exception of RAM).<\/p>\n

                                                                                                                                                                                  3.3. The customer is not entitled to sell or transfer this software to unauthorized third parties.<\/p>\n

                                                                                                                                                                                  to make available for use free of charge. Any form of making available the<\/p>\n

                                                                                                                                                                                  Software to third parties is expressly forbidden to the customer, unless this is specified in the current<\/p>\n

                                                                                                                                                                                  Service description on the website expressly permitted or by the provider in writing.<\/p>\n

                                                                                                                                                                                  was approved.<\/p>\n

                                                                                                                                                                                  3.4. The customer undertakes to conduct his contractual relations with third parties in such a way<\/p>\n

                                                                                                                                                                                  that unlawful use of the software by third parties is effectively prevented.<\/p>\n

                                                                                                                                                                                  is prevented.<\/p>\n

                                                                                                                                                                                    \n
                                                                                                                                                                                  1. Data Hosting<\/li>\n<\/ol>\n

                                                                                                                                                                                    4.1. The provider leaves a defined storage space to the customer (see<\/p>\n

                                                                                                                                                                                    Service Description) on a server to store its data. Provided that the<\/p>\n

                                                                                                                                                                                    storage space should not be sufficient to store the data, the provider shall<\/p>\n

                                                                                                                                                                                    Inform customers in good time. Unless the customer subsequently requests further<\/p>\n

                                                                                                                                                                                    storage space against payment, data that exceeds the available storage space will be<\/p>\n

                                                                                                                                                                                    exceed, are no longer stored.<\/p>\n

                                                                                                                                                                                    4.2. The Provider shall ensure that the data stored via the Internet within the scope of<\/p>\n

                                                                                                                                                                                    of the technical possibilities are retrievable.<\/p>\n

                                                                                                                                                                                    4.3. The customer is not entitled to assign this storage space to a third party in part or in full,<\/p>\n

                                                                                                                                                                                    for use in return for payment or free of charge.<\/p>\n

                                                                                                                                                                                    4.4. The customer undertakes not to store any content on the storage space whose<\/p>\n

                                                                                                                                                                                    Provision, publication and use against applicable law or agreements<\/p>\n

                                                                                                                                                                                    with third parties.<\/p>\n

                                                                                                                                                                                    4.5. The Provider shall take appropriate and reasonable measures within the scope of the technical possibilities.<\/p>\n

                                                                                                                                                                                    Precautions against data loss and to prevent unauthorized access by third parties to the<\/p>\n

                                                                                                                                                                                    Data of the customer. For this purpose, the Provider will make regular backups, which will be<\/p>\n

                                                                                                                                                                                    Check customer’s data for viruses as well as install firewalls.<\/p>\n

                                                                                                                                                                                    4.6. In any case, the customer remains the sole owner of the data and can therefore demand that the provider<\/p>\n

                                                                                                                                                                                    during the term of the contract, the surrender of individual or all data<\/p>\n

                                                                                                                                                                                    without the Provider having a right of retention. The publication of the<\/p>\n

                                                                                                                                                                                    Data is transmitted via a data network in which the provider has<\/p>\n

                                                                                                                                                                                    format used. The customer has no right to the data required for the use of the data.<\/p>\n

                                                                                                                                                                                    suitable software. The Provider is entitled to charge a fee for the release of the data.<\/p>\n

                                                                                                                                                                                    to demand compensation for expenses.<\/p>\n

                                                                                                                                                                                    4.7. After termination of the contract, the customer is still entitled for one month to use the<\/p>\n

                                                                                                                                                                                    Release of his data according to para. 4.6. to require. The provider is not obligated,<\/p>\n

                                                                                                                                                                                    to store the customer’s data beyond this period or to demand the surrender of the data.<\/p>\n

                                                                                                                                                                                    ensure If, after the expiration of the one-month period, a customer requests the surrender of<\/p>\n

                                                                                                                                                                                    data and if these data are still available at the provider, the provider will give the<\/p>\n

                                                                                                                                                                                    data to the customer after payment of the costs actually incurred for this.<\/p>\n

                                                                                                                                                                                      \n
                                                                                                                                                                                    1. Subcontractor<\/li>\n<\/ol>\n

                                                                                                                                                                                      5.1. The Provider may, for the purpose of fulfilling the contractual performance, in particular to<\/p>\n

                                                                                                                                                                                      Software programming, involve subcontractors\/third parties. In the case of the authorized<\/p>\n

                                                                                                                                                                                      The provider is responsible for the careful instruction of the consulted persons.<\/p>\n

                                                                                                                                                                                      5.2. The warranty and liability for subcontractors\/third parties shall be governed in accordance with Chapter 14<\/p>\n

                                                                                                                                                                                      excluded to the extent permitted by law.<\/p>\n

                                                                                                                                                                                        \n
                                                                                                                                                                                      1. Cooperation with third parties<\/li>\n<\/ol>\n

                                                                                                                                                                                        6.1. The customer has the possibility to give a third party,  access to his<\/p>\n

                                                                                                                                                                                        Buchassist account<\/span> and thus ensure the exchange of data. The customer retains<\/p>\n

                                                                                                                                                                                        At the same time, full control over the access rights of the third party at all times<\/p>\n

                                                                                                                                                                                        to its data and can restrict or deny access at any time.<\/p>\n

                                                                                                                                                                                        6.2. In addition, the Provider allows the third party  itself as a customer to have a bookassist account<\/p>\n

                                                                                                                                                                                        opened In this case, the third party manages the access rights as a customer and can<\/p>\n

                                                                                                                                                                                        grant, respectively restrict or deny them to third parties. The provider<\/p>\n

                                                                                                                                                                                        reserves the right, however, to pass on specific data to third parties in justified individual cases.<\/p>\n

                                                                                                                                                                                        authorized third parties.<\/p>\n

                                                                                                                                                                                        6.3. By granting access rights to third parties, the customer expressly declares his<\/p>\n

                                                                                                                                                                                        Consent that the Provider may disclose to the Authorized Person any and all data released<\/p>\n

                                                                                                                                                                                        or allow access to it. For the data processing of the<\/p>\n

                                                                                                                                                                                        The Provider does not assume any responsibility for the access of third parties (e.g. trustees). At<\/p>\n

                                                                                                                                                                                        For the rest, reference is made to chapter 3 of the provider’s privacy policy.<\/p>\n

                                                                                                                                                                                          \n
                                                                                                                                                                                        1. App Marketplace \/ Third Party Add-ons<\/li>\n<\/ol>\n

                                                                                                                                                                                          7.1. The Provider provides an interface (“API”) for communication with software from<\/p>\n

                                                                                                                                                                                          Third-party providers available. This gives the customer the opportunity to use the software to<\/p>\n

                                                                                                                                                                                          Buchassist<\/span> also offers various additional packages and services from third-party providers.<\/p>\n

                                                                                                                                                                                          (“add-ons”) to be integrated. In addition, the customer may allow further third parties to<\/p>\n

                                                                                                                                                                                          Grant authorization to use the interface to his bookassist account. Unless<\/p>\n

                                                                                                                                                                                          expressly agreed otherwise, a contractual relationship concerning the use of the<\/p>\n

                                                                                                                                                                                          of the third-party add-ons shall be exclusively between the customer and the third-party provider.<\/p>\n

                                                                                                                                                                                          7.2. Insofar as access rights are required for the use of an add-on, the customer agrees to<\/p>\n

                                                                                                                                                                                          with the order or integration of the Add-on expressly agrees, all<\/p>\n

                                                                                                                                                                                          to grant the access rights required for this purpose. The Provider is then entitled,<\/p>\n

                                                                                                                                                                                          to provide all data of the customer necessary for the use of the add-on.<\/p>\n

                                                                                                                                                                                          or to allow access to them. The customer retains at all times the full<\/p>\n

                                                                                                                                                                                          Control over the third party’s access rights to its data and can restrict access<\/p>\n

                                                                                                                                                                                          limit or deny at any time. The customer agrees that the<\/p>\n

                                                                                                                                                                                          Provider or the third party provider when using additional add-ons data with this<\/p>\n

                                                                                                                                                                                          Third-party provider exchanges.<\/p>\n

                                                                                                                                                                                          7.3. Any warranty and liability shall be excluded pursuant to sec. 14.7 explicit<\/p>\n

                                                                                                                                                                                          excluded. In particular, the Provider assumes responsibility for the data processing of the<\/p>\n

                                                                                                                                                                                          Third-party provider no responsibility.<\/p>\n

                                                                                                                                                                                          7.4. Notwithstanding any representation to the contrary, Provider shall in any event have the right,<\/p>\n

                                                                                                                                                                                          access to the Provider’s API for individual or all customers for important reasons.<\/p>\n

                                                                                                                                                                                          reason to partially or completely restrict at any time. Good cause shall be deemed to exist in particular<\/p>\n

                                                                                                                                                                                          if data is migrated via the interface to the detriment of the Provider or the<\/p>\n

                                                                                                                                                                                          infrastructure is too heavily loaded via requests through this interface.<\/p>\n

                                                                                                                                                                                          7.5. By ordering the add-on, the customer declares his agreement to the GTC as well as to the<\/p>\n

                                                                                                                                                                                          Privacy policy of the respective third-party provider. For the rest, reference is made to Chapter 3 of the<\/p>\n

                                                                                                                                                                                          Privacy policy of the provider.<\/p>\n

                                                                                                                                                                                            \n
                                                                                                                                                                                          1. Third-party consulting services<\/li>\n<\/ol>\n

                                                                                                                                                                                            8.1. The Provider offers third-party consulting services to its customers. The<\/p>\n

                                                                                                                                                                                            In accordance with the current service description on the Provider’s website, Customers are entitled to receive<\/p>\n

                                                                                                                                                                                            of consulting services from third-party providers. The<\/p>\n

                                                                                                                                                                                            Consulting services can be provided in particular, but not exclusively, on the basis of<\/p>\n

                                                                                                                                                                                            Insurance contracts are offered between the provider and the third party vendors.<\/p>\n

                                                                                                                                                                                            8.2. In order for the third-party provider to verify the customer’s eligibility and have the necessary<\/p>\n

                                                                                                                                                                                            contact information, the following data will be transmitted to the third party provider:<\/p>\n

                                                                                                                                                                                              \n
                                                                                                                                                                                            1. a) Name \/ Company of the company;<\/li>\n
                                                                                                                                                                                            2. b) Address (street, postal code, city, address additions);<\/li>\n
                                                                                                                                                                                            3. c) concluded contracts between the Provider and the Customer;<\/li>\n
                                                                                                                                                                                            4. d) Telephone number(s);<\/li>\n
                                                                                                                                                                                            5. e) E-mail address(es).<\/li>\n<\/ol>\n

                                                                                                                                                                                              8.3. Customers must, upon request to the third-party provider, confirm their eligibility for the<\/p>\n

                                                                                                                                                                                              be able to prove receipt of the consulting services at any time. The customers are in favor<\/p>\n

                                                                                                                                                                                              responsible to grant access to the consulting services exclusively to authorized<\/p>\n

                                                                                                                                                                                              employees (e.g. by disclosing the telephone number of the third-party provider).<\/p>\n

                                                                                                                                                                                              8.4. The customer obtains the respective consulting services in accordance with the present chapter<\/p>\n

                                                                                                                                                                                              exclusively from the third-party provider. All of the customer’s entitlements to benefits exist<\/p>\n

                                                                                                                                                                                              accordingly exclusively against the third-party provider. In particular, there is between<\/p>\n

                                                                                                                                                                                              Provider and the Customer shall at no time have any consulting or<\/p>\n

                                                                                                                                                                                              Insurance contract.<\/p>\n

                                                                                                                                                                                              8.5. The Provider reserves the right to terminate the consulting services for important reasons at any time.<\/p>\n

                                                                                                                                                                                              to restrict or terminate for individual customers. An important reason is<\/p>\n

                                                                                                                                                                                              in particular in the event of cross-regulatory or excessive use of the offer.<\/p>\n

                                                                                                                                                                                              8.6. By accepting the present GTC, the customers simultaneously declare their agreement to<\/p>\n

                                                                                                                                                                                              to the general terms and conditions as well as to the privacy policy of the respective<\/p>\n

                                                                                                                                                                                              Third party provider.<\/p>\n

                                                                                                                                                                                                \n
                                                                                                                                                                                              1. Support<\/li>\n<\/ol>\n

                                                                                                                                                                                                10.1. The Provider will respond to requests (by e-mail or telephone) from the Customer regarding the Buchassist software and<\/p>\n

                                                                                                                                                                                                other services provided by the Provider within the scope of the services offered on the Provider’s website<\/p>\n

                                                                                                                                                                                                published business hours as soon as possible after receipt of the respective question<\/p>\n

                                                                                                                                                                                                answer by phone or in writing. This does not include support for software<\/p>\n

                                                                                                                                                                                                and third-party services (e.g. add-ons).<\/p>\n

                                                                                                                                                                                                  \n
                                                                                                                                                                                                1. Impairment of accessibility<\/li>\n<\/ol>\n

                                                                                                                                                                                                  11.1. Adjustments, modifications and additions to the contractual<\/p>\n

                                                                                                                                                                                                  SaaS services of the provider as well as measures that serve to detect and remedy<\/p>\n

                                                                                                                                                                                                  of functional disturbances will only lead to a temporary interruption of the<\/p>\n

                                                                                                                                                                                                  or impairment of accessibility, if this is not possible for technical reasons.<\/p>\n

                                                                                                                                                                                                  is required.<\/p>\n

                                                                                                                                                                                                  11.2. The monitoring of the basic functions as well as the maintenance of the software Buchassist takes place<\/p>\n

                                                                                                                                                                                                  regularly. In case of serious errors (i.e. the use of the Book Assist software is no longer<\/p>\n

                                                                                                                                                                                                  possible or considerably restricted), maintenance is usually carried out within 4 hours from<\/p>\n

                                                                                                                                                                                                  Knowledge or notification by the customer. The Provider will inform the Customer about the<\/p>\n

                                                                                                                                                                                                  Notify maintenance work in good time and carry it out as quickly as possible. The<\/p>\n

                                                                                                                                                                                                  Provider makes every effort to ensure the highest possible availability of the Buchassist software.<\/p>\n

                                                                                                                                                                                                  11.3. Third-party services are excluded from this chapter. The provider<\/p>\n

                                                                                                                                                                                                  in particular for add-ons, which are the responsibility of third parties, can not be<\/p>\n

                                                                                                                                                                                                  Ensure availability.<\/p>\n

                                                                                                                                                                                                    \n
                                                                                                                                                                                                  1. Duties of the customer<\/li>\n<\/ol>\n

                                                                                                                                                                                                    12.1. The customer undertakes to use the SaaS services exclusively for the<\/p>\n

                                                                                                                                                                                                    use for the purpose stipulated in the contract. He bears sole responsibility for the content,<\/p>\n

                                                                                                                                                                                                    which he as well as the users he has set up use the<\/p>\n

                                                                                                                                                                                                    Create, transmit or use SaaS services. The customer is responsible for the<\/p>\n

                                                                                                                                                                                                    necessary system requirements (in particular hardware and software) to use the<\/p>\n

                                                                                                                                                                                                    Software Buchassist responsible. The customer is responsible for the entry and maintenance of his<\/p>\n

                                                                                                                                                                                                    data and information required to use the SaaS services – without prejudice to<\/p>\n

                                                                                                                                                                                                    the provider’s obligation to back up data – responsible.<\/p>\n

                                                                                                                                                                                                    12.2. The customer is obligated to check his data and information for viruses or<\/p>\n

                                                                                                                                                                                                    other harmful components and to check the state of the art for this purpose.<\/p>\n

                                                                                                                                                                                                    use appropriate anti-virus programs.<\/p>\n

                                                                                                                                                                                                    12.3. The customer is obliged to prevent unauthorized access to the software by third parties by means of suitable<\/p>\n

                                                                                                                                                                                                    precautions to prevent. The customer is obliged to inform his employees about the<\/p>\n

                                                                                                                                                                                                    existing intellectual property rights and to ensure compliance with them.<\/p>\n

                                                                                                                                                                                                    In particular, the customer shall instruct its employees not to make any copies of the<\/p>\n

                                                                                                                                                                                                    software or to pass on access data to third parties.<\/p>\n

                                                                                                                                                                                                    12.4. When using the SaaS services for the first time, the customer must create a “User ID” himself.<\/p>\n

                                                                                                                                                                                                    incl. Generate password, which is required to access the bookassist account. The<\/p>\n

                                                                                                                                                                                                    Customer is obliged to provide his “User ID” incl. Password secret and third parties<\/p>\n

                                                                                                                                                                                                    not to make them accessible to third parties. The Customer shall immediately notify the Provider of any<\/p>\n

                                                                                                                                                                                                    unauthorized use or otherwise attacking security. In<\/p>\n

                                                                                                                                                                                                    in such cases, the provider will store the “User ID” incl. Reset the customer’s password.<\/p>\n

                                                                                                                                                                                                    12.5. The customer shall take all measures which, in its reasonable discretion, are necessary for the<\/p>\n

                                                                                                                                                                                                    Maintaining or improving the security of the data, the software and the<\/p>\n

                                                                                                                                                                                                    network connections are required. In particular, the customer undertakes to keep its<\/p>\n

                                                                                                                                                                                                    Change password regularly, but at least every sixty (60) days.<\/p>\n

                                                                                                                                                                                                    12.6. The customer is obligated to keep his details in his Buchassist account, in particular the<\/p>\n

                                                                                                                                                                                                    stored personal data such as residential\/domicile address, e-mail address for messages and<\/p>\n

                                                                                                                                                                                                    invoice deliveries as well as telephone number(s), always (daily) up to date.<\/p>\n

                                                                                                                                                                                                    12.7. After termination of the contractual relationship, the customer himself is responsible for securing his<\/p>\n

                                                                                                                                                                                                    Data responsible. The Provider is entitled to delete all data one month after<\/p>\n

                                                                                                                                                                                                    termination of the contract irrevocably.<\/p>\n

                                                                                                                                                                                                    12.8. If the customer violates any obligations according to these GTC or further<\/p>\n

                                                                                                                                                                                                    contractual provisions, the Provider shall be authorized to transfer the book-assist account and thus the<\/p>\n

                                                                                                                                                                                                    Access to all services of the Provider temporarily or permanently<\/p>\n

                                                                                                                                                                                                    to restrict or block.<\/p>\n

                                                                                                                                                                                                      \n
                                                                                                                                                                                                    1. Charge<\/li>\n<\/ol>\n

                                                                                                                                                                                                      13.1. The Customer undertakes to pay to the Provider for the services ordered the amount due in accordance with its<\/p>\n

                                                                                                                                                                                                      Subscription \/ corresponding service description agreed fee plus. VAT to be paid.<\/p>\n

                                                                                                                                                                                                      13.2. Unless otherwise agreed in writing, the fee shall be paid in advance in each case.<\/p>\n

                                                                                                                                                                                                      13.3. The Provider will send an invoice to the Customer for the fee owed under the contract to<\/p>\n

                                                                                                                                                                                                      the e-mail address stored with the billing address.<\/p>\n

                                                                                                                                                                                                      13.4. The Provider shall be entitled at any time by written notice to the Customer to<\/p>\n

                                                                                                                                                                                                      to adjust the charges and\/or service contents. Reasons for such<\/p>\n

                                                                                                                                                                                                      Change in performance are in particular the technical progress and further development<\/p>\n

                                                                                                                                                                                                      of the software. If the customer does not wish to continue the contract at the amended rates and<\/p>\n

                                                                                                                                                                                                      If the changes represent a deterioration of the conditions from the customer’s point of view, it is<\/p>\n

                                                                                                                                                                                                      for extraordinary termination with a notice period of 14 days to the date of change<\/p>\n

                                                                                                                                                                                                      authorized.<\/p>\n

                                                                                                                                                                                                      13.5. In the event of a delay in payment, the Provider is entitled to terminate the bookassist account and thus the<\/p>\n

                                                                                                                                                                                                      temporarily block access to all services of the Provider. In this case<\/p>\n

                                                                                                                                                                                                      the agreed fee remains due in full even during the blocking. The<\/p>\n

                                                                                                                                                                                                      Access will be reactivated after payment of outstanding invoices. Digit. 15.5<\/p>\n

                                                                                                                                                                                                      remains reserved.<\/p>\n

                                                                                                                                                                                                        \n
                                                                                                                                                                                                      1. Warranty \/ Liability<\/li>\n<\/ol>\n

                                                                                                                                                                                                        14.1. The Provider shall provide for the functional and operational readiness of the<\/p>\n

                                                                                                                                                                                                        SaaS Services Warranty in accordance with the provisions in these GTC.<\/p>\n

                                                                                                                                                                                                        14.2. The Customer undertakes to indemnify the Provider against all claims by third parties based on the<\/p>\n

                                                                                                                                                                                                        stored data and to reimburse the Provider for all costs,<\/p>\n

                                                                                                                                                                                                        incurred by the latter due to possible infringements of rights.<\/p>\n

                                                                                                                                                                                                        14.3. The Provider is entitled to immediately block the storage space if the justified<\/p>\n

                                                                                                                                                                                                        there is suspicion that the stored data is illegal and\/or rights of third parties<\/p>\n

                                                                                                                                                                                                        injure A reasonable suspicion for an illegality and\/or an<\/p>\n

                                                                                                                                                                                                        Violation of rights exists in particular when courts, authorities and\/or other<\/p>\n

                                                                                                                                                                                                        third party to notify the Provider thereof. The Provider has informed the Customer of the<\/p>\n

                                                                                                                                                                                                        distance and the reason for it without delay. The lock is to be lifted,<\/p>\n

                                                                                                                                                                                                        as soon as the suspicion has been fully rebutted.<\/p>\n

                                                                                                                                                                                                        14.4. Within the framework of the statutory provisions, the Provider excludes any liability<\/p>\n

                                                                                                                                                                                                        towards the customer (or any third party) in particular for the fulfillment of its<\/p>\n

                                                                                                                                                                                                        contractual and non-contractual obligations as well as for the loss of data from<\/p>\n

                                                                                                                                                                                                        (including for negligence). This exclusion of liability shall also apply to the damage<\/p>\n

                                                                                                                                                                                                        arises directly or indirectly from the use of the Book Assist software.<\/p>\n

                                                                                                                                                                                                        14.5. If the Provider has auxiliary persons for the fulfillment of its contractual obligations<\/p>\n

                                                                                                                                                                                                        If a member of the Board of Directors is called in, he shall be responsible for the careful instruction of the persons called in. For the rest<\/p>\n

                                                                                                                                                                                                        Warranty and liability are fully excluded to the extent permitted by law.<\/p>\n

                                                                                                                                                                                                        excluded. This exclusion of warranty and liability also applies in particular to<\/p>\n

                                                                                                                                                                                                        Intent and gross negligence.<\/p>\n

                                                                                                                                                                                                        14.6. In all cases, regardless of the basis of liability, the Provider’s liability is limited to the<\/p>\n

                                                                                                                                                                                                        Amount of the monthly license fee in the last twelve months before the accrual of the<\/p>\n

                                                                                                                                                                                                        Damage limited.<\/p>\n

                                                                                                                                                                                                        14.7. The warranty for the functional and operational readiness as well as the liability regarding<\/p>\n

                                                                                                                                                                                                        to third-party software and services (especially add-ons,<\/p>\n

                                                                                                                                                                                                        consulting services, bank interfaces) is provided to the extent permitted by law.<\/p>\n

                                                                                                                                                                                                        fully excluded.<\/p>\n

                                                                                                                                                                                                          \n
                                                                                                                                                                                                        1. Contract duration<\/li>\n<\/ol>\n

                                                                                                                                                                                                          15.1. The contractual relationship begins with the registration and order by the customer.<\/p>\n

                                                                                                                                                                                                          15.2. The contractual relationship is concluded for an indefinite period. Consequently, the respective<\/p>\n

                                                                                                                                                                                                          Subscription (monthly, annual, etc.) automatically for another billing period<\/p>\n

                                                                                                                                                                                                          extended as long as the contractual relationship is not terminated in accordance with this chapter.<\/p>\n

                                                                                                                                                                                                          was.<\/p>\n

                                                                                                                                                                                                          15.3. The parties are entitled to terminate the agreement with one month’s notice as of the end of<\/p>\n

                                                                                                                                                                                                          the current billing period of the respective subscription (monthly subscription, annual subscription, etc.)<\/p>\n

                                                                                                                                                                                                          to terminate the contractual relationship. Agreements to the contrary concerning<\/p>\n

                                                                                                                                                                                                          Cancellation periods remain reserved (especially in the context of special promotions).<\/p>\n

                                                                                                                                                                                                          15.4. Form of termination: The cancellation must be made online in the customer’s Buchassist account. At<\/p>\n

                                                                                                                                                                                                          Following the termination, the customer receives an e-mail from the provider with a<\/p>\n

                                                                                                                                                                                                          Confirmation link. When this confirmation is received by the provider, the<\/p>\n

                                                                                                                                                                                                          bookassist account<\/span> after the expiry of the one-month notice period at the end of the respective<\/p>\n

                                                                                                                                                                                                          Biennium locked. The decisive date for termination is the date of receipt of the<\/p>\n

                                                                                                                                                                                                          Confirmation of termination with the provider.<\/p>\n

                                                                                                                                                                                                          15.5. The parties reserve the right to terminate the contract immediately for good cause.<\/p>\n

                                                                                                                                                                                                          unprejudiced. An important reason for the immediate termination of this contract is for the<\/p>\n

                                                                                                                                                                                                          Provider in particular then before,<\/p>\n

                                                                                                                                                                                                            \n
                                                                                                                                                                                                          1. a) if the customer falls into bankruptcy or the bankruptcy proceedings are initiated for lack of assets<\/li>\n<\/ol>\n

                                                                                                                                                                                                            was set;<\/p>\n

                                                                                                                                                                                                              \n
                                                                                                                                                                                                            1. b) if the customer is in arrears with payment obligations arising from this contractual relationship.<\/li>\n<\/ol>\n

                                                                                                                                                                                                              of at least one month’s remuneration is in arrears and he has been given notice of default.<\/p>\n

                                                                                                                                                                                                              a grace period of two weeks has been granted without success;<\/p>\n

                                                                                                                                                                                                                \n
                                                                                                                                                                                                              1. c) if the customer, when using the services that are the subject of the contract, culpably<\/li>\n<\/ol>\n

                                                                                                                                                                                                                violates legal regulations or infringes on copyrights, industrial property rights or<\/p>\n

                                                                                                                                                                                                                name rights of third parties;<\/p>\n

                                                                                                                                                                                                                  \n
                                                                                                                                                                                                                1. d) if the customer seriously violates obligations according to these GTC or<\/li>\n<\/ol>\n

                                                                                                                                                                                                                  violates any other contractual provisions;<\/p>\n

                                                                                                                                                                                                                    \n
                                                                                                                                                                                                                  1. e) when using the distributed services for the purpose of promoting criminal,<\/li>\n<\/ol>\n

                                                                                                                                                                                                                    unlawful and ethically questionable actions by the customer.<\/p>\n

                                                                                                                                                                                                                    15.6. In the event of the death of the owner of a sole proprietorship, the Provider shall in principle be liable for the<\/p>\n

                                                                                                                                                                                                                    Release of the data of the sole proprietorship to authorized persons (in particular<\/p>\n

                                                                                                                                                                                                                    family members, trustees) are entitled. This issuance is conditional upon proof of a<\/p>\n

                                                                                                                                                                                                                    legitimate interest (e.g. succession planning, division of an estate, etc.). Further the<\/p>\n

                                                                                                                                                                                                                    Provider after providing appropriate evidence of an authorized person<\/p>\n

                                                                                                                                                                                                                    Grant access to the book-assist account of the individual company concerned or set the account to<\/p>\n

                                                                                                                                                                                                                    transferred to such a person (e.g. heir). Is the authorization in doubt or does it raise<\/p>\n

                                                                                                                                                                                                                    several parties have divergent claims, the Provider may refuse to issue data or<\/p>\n

                                                                                                                                                                                                                    refuse to take further steps.<\/p>\n

                                                                                                                                                                                                                      \n
                                                                                                                                                                                                                    1. Communications<\/li>\n<\/ol>\n

                                                                                                                                                                                                                      16.1. All notices, except as provided in this Agreement or by law, shall be<\/p>\n

                                                                                                                                                                                                                      more stringent form is mandatory, in writing or by e-mail to the address specified by the customer.<\/p>\n

                                                                                                                                                                                                                      specified in the bookassist account or indicated on the provider’s website.<\/p>\n

                                                                                                                                                                                                                      (e-mail) addresses. The Customer is obliged to notify the Provider of address changes<\/p>\n

                                                                                                                                                                                                                      (incl. e-mail) without delay, respectively to adjust in the Buchassist account,<\/p>\n

                                                                                                                                                                                                                      Otherwise, notices sent to the last known address shall be deemed to be legally effective.<\/p>\n

                                                                                                                                                                                                                      received.<\/p>\n

                                                                                                                                                                                                                        \n
                                                                                                                                                                                                                      1. Privacy<\/li>\n<\/ol>\n

                                                                                                                                                                                                                        17.1. With the acceptance of these GTC, the customer simultaneously declares his consent to the<\/p>\n

                                                                                                                                                                                                                        Privacy policy (attachment 1) and to the order processing agreement (Annex 2) of the<\/p>\n

                                                                                                                                                                                                                        Provider in each case in the currently valid version. This is permanently available on the website of the<\/p>\n

                                                                                                                                                                                                                        provider is switched on. The customer declares to know these documents.<\/p>\n

                                                                                                                                                                                                                          \n
                                                                                                                                                                                                                        1. Intellectual property rights<\/li>\n<\/ol>\n

                                                                                                                                                                                                                          18.1. All intellectual property rights to the SaaS services of the Provider, in particular to<\/p>\n

                                                                                                                                                                                                                          of the software Buchassist as well as to the website remain the property of the provider.<\/p>\n

                                                                                                                                                                                                                            \n
                                                                                                                                                                                                                          1. Secrecy obligation<\/li>\n<\/ol>\n

                                                                                                                                                                                                                            19.1. The Provider undertakes to inform the Provider about all the information it receives in the course of the preparation, implementation and<\/p>\n

                                                                                                                                                                                                                            confidential processes that have come to our knowledge in the course of the performance of this contract, in particular<\/p>\n

                                                                                                                                                                                                                            business or trade secrets of the customer and to keep them confidential.<\/p>\n

                                                                                                                                                                                                                            Information without authorization of the customer not to outside third parties<\/p>\n

                                                                                                                                                                                                                            to pass on. This applies vis-\u00e0-vis any unauthorized third party, provided that the disclosure of<\/p>\n

                                                                                                                                                                                                                            Information is not required for the proper fulfillment of the contractual obligations of the<\/p>\n

                                                                                                                                                                                                                            provider is required.<\/p>\n


                                                                                                                                                                                                                            <\/p>\n

                                                                                                                                                                                                                            19.3. The Customer authorizes the Provider to name the Customer publicly as a reference and to<\/p>\n

                                                                                                                                                                                                                            General about the agreed contract in an appropriate manner for marketing, public<\/p>\n

                                                                                                                                                                                                                            relations and sales purposes. However, the provider will notify the customer before<\/p>\n

                                                                                                                                                                                                                            Publication contact, whereby the customer exclusively for important reasons its<\/p>\n

                                                                                                                                                                                                                            can revoke consent.<\/p>\n

                                                                                                                                                                                                                              \n
                                                                                                                                                                                                                            1. Severability clause<\/li>\n<\/ol>\n

                                                                                                                                                                                                                              20.1. Should individual provisions of this contract be or become invalid or void,<\/p>\n

                                                                                                                                                                                                                              this shall not affect the validity of the remaining provisions. The ineffective or<\/p>\n

                                                                                                                                                                                                                              void provision shall be replaced by a new, legally permissible provision.<\/p>\n

                                                                                                                                                                                                                              replace the economic significance and effect of the ineffective or<\/p>\n

                                                                                                                                                                                                                              void provision comes closest. The same procedure shall be followed if a<\/p>\n

                                                                                                                                                                                                                              contractual gap becomes apparent.<\/p>\n

                                                                                                                                                                                                                                \n
                                                                                                                                                                                                                              1. Applicable law and place of jurisdiction<\/li>\n<\/ol>\n

                                                                                                                                                                                                                                21.1. This Agreement, including the issues of its formation and validity, is subject to<\/p>\n

                                                                                                                                                                                                                                Swiss law, excluding the conflict of law rules and international agreements.<\/p>\n

                                                                                                                                                                                                                                21.2. Exclusive place of jurisdiction for all disputes arising from or in connection with<\/p>\n

                                                                                                                                                                                                                                this Agreement and with respect to the subject matter hereof, including the<\/p>\n

                                                                                                                                                                                                                                Questions of formation, validity, invalidity, binding nature<\/p>\n

                                                                                                                                                                                                                                implementation, modification or amendment, breach or termination of this<\/p>\n

                                                                                                                                                                                                                                contract, is at the registered office of the Provider.<\/p>\n

                                                                                                                                                                                                                                  \n
                                                                                                                                                                                                                                1. Priority<\/li>\n<\/ol>\n

                                                                                                                                                                                                                                  22.1. In the event of any inconsistencies between the German version of these GTC and its annexes and a<\/p>\n

                                                                                                                                                                                                                                  version in another language, the German version has priority.<\/p>\n

                                                                                                                                                                                                                                  Last version: November 2022<\/p>\n

                                                                                                                                                                                                                                  Accentoris AG<\/p>\n

                                                                                                                                                                                                                                  Auerstrasse 14<\/p>\n

                                                                                                                                                                                                                                  9442 Berneck<\/p>\n

                                                                                                                                                                                                                                  Switzerland<\/p>\n

                                                                                                                                                                                                                                  Annex 1 Privacy policy<\/p>\n

                                                                                                                                                                                                                                  Annex 2 Order processing contract<\/p>\n

                                                                                                                                                                                                                                  <\/p>\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t

                                                                                                                                                                                                                                  \n\t\t\t\t
                                                                                                                                                                                                                                  \n\t\t\t\t\t\t\t\t\t

                                                                                                                                                                                                                                  General terms and conditions<\/p>\n

                                                                                                                                                                                                                                  Accentoris AG<\/p>\n

                                                                                                                                                                                                                                  These General Terms and Conditions (“GTC”) govern the contractual relationship between Accentoris AG<\/p>\n

                                                                                                                                                                                                                                  (“Provider”) and its customers (hereinafter “Customer”). By filling in the<\/p>\n

                                                                                                                                                                                                                                  Login screen for registering and ordering a user account (“bookassist account”) on the website<\/p>\n

                                                                                                                                                                                                                                  of the Provider, the Customer accepts the following provisions without reservation. The provider retains<\/p>\n

                                                                                                                                                                                                                                  reserves the right to make subsequent changes or additions to the GTC. These are<\/p>\n

                                                                                                                                                                                                                                  become an integral part of the contract, unless the customer objects within 14 days of becoming aware of them.<\/p>\n

                                                                                                                                                                                                                                  The current version is published on the provider’s website (https:\/\/www. Buchassist.com\/).<\/p>\n

                                                                                                                                                                                                                                  published.<\/p>\n

                                                                                                                                                                                                                                    \n
                                                                                                                                                                                                                                  1. Subject of the contract<\/li>\n<\/ol>\n

                                                                                                                                                                                                                                    1.1. With the software and plugin Buchassist (hereinafter “Buchassist”), the Provider provides for its customers<\/p>\n

                                                                                                                                                                                                                                    predominantly Software as a Service (“SaaS”) services via the Internet in the area of<\/p>\n

                                                                                                                                                                                                                                    business management software. In addition, the Provider provides further services<\/p>\n

                                                                                                                                                                                                                                    in different areas (hereinafter collectively referred to as “Services”). For the respective<\/p>\n

                                                                                                                                                                                                                                    Scope of services and the conditions is referred to the current service description on the<\/p>\n

                                                                                                                                                                                                                                    Website of the provider referred to. The subject of the contract is in particular:<\/p>\n

                                                                                                                                                                                                                                      \n
                                                                                                                                                                                                                                    1. a) the provision of the Buchassist software for use via the Internet;<\/li>\n
                                                                                                                                                                                                                                    2. b) the storage of the Customer’s data (“Data Hosting”);<\/li>\n
                                                                                                                                                                                                                                    3. c) providing various add-ons in addition to the Buchassist software. The<\/li>\n<\/ol>\n

                                                                                                                                                                                                                                      Add-ons are partly offered by the provider itself, partly by third parties.<\/p>\n

                                                                                                                                                                                                                                      The add-ons can be installed directly in the bookassist account<\/p>\n

                                                                                                                                                                                                                                      ordered, respectively set up.<\/p>\n

                                                                                                                                                                                                                                        \n
                                                                                                                                                                                                                                      1. Software transfer<\/li>\n<\/ol>\n

                                                                                                                                                                                                                                        2.1. For the duration of this contract, the Provider shall provide the Customer with the Buchassist software in the<\/p>\n

                                                                                                                                                                                                                                        The current version of the software is available for use on the Internet free of charge. To this<\/p>\n

                                                                                                                                                                                                                                        purpose, the provider stores the software on a server that is accessible via the Internet for the<\/p>\n

                                                                                                                                                                                                                                        customers can be reached.<\/p>\n

                                                                                                                                                                                                                                        2.2. The Provider shall continuously develop the Software and shall keep it up-to-date through regular<\/p>\n

                                                                                                                                                                                                                                        Improve updates and upgrades. The respective current scope of functions results from the<\/p>\n

                                                                                                                                                                                                                                        Service description on the provider’s website.<\/p>\n

                                                                                                                                                                                                                                        2.3. The Provider shall continuously monitor the functionality of the Software and, after<\/p>\n

                                                                                                                                                                                                                                        To the extent technically possible, software errors.<\/p>\n

                                                                                                                                                                                                                                          \n
                                                                                                                                                                                                                                        1. Rights to use the software<\/li>\n<\/ol>\n

                                                                                                                                                                                                                                          3.1. The Provider grants the Customer the non-exclusive and non-transferable right,<\/p>\n

                                                                                                                                                                                                                                          the Buchassist software during the term of the contract within the scope of the respective<\/p>\n

                                                                                                                                                                                                                                          to use the scope of services as intended.<\/p>\n

                                                                                                                                                                                                                                          3.2. The customer may neither duplicate nor edit the software, unless this is stipulated in the<\/p>\n

                                                                                                                                                                                                                                          current service description on the website is expressly permitted or by the provider.<\/p>\n

                                                                                                                                                                                                                                          has been approved in writing. Prohibited in particular is the even temporary<\/p>\n

                                                                                                                                                                                                                                          Installation or saving of the software on data carriers (hard disks, etc.) of the<\/p>\n

                                                                                                                                                                                                                                          hardware used by the customer (with the exception of RAM).<\/p>\n

                                                                                                                                                                                                                                          3.3. The customer is not entitled to sell or transfer this software to unauthorized third parties.<\/p>\n

                                                                                                                                                                                                                                          to make available for use free of charge. Any form of making available the<\/p>\n

                                                                                                                                                                                                                                          Software to third parties is expressly forbidden to the customer, unless this is specified in the current<\/p>\n

                                                                                                                                                                                                                                          Service description on the website expressly permitted or by the provider in writing.<\/p>\n

                                                                                                                                                                                                                                          was approved.<\/p>\n

                                                                                                                                                                                                                                          3.4. The customer undertakes to conduct his contractual relations with third parties in such a way<\/p>\n

                                                                                                                                                                                                                                          that unlawful use of the software by third parties is effectively prevented.<\/p>\n

                                                                                                                                                                                                                                          is prevented.<\/p>\n

                                                                                                                                                                                                                                            \n
                                                                                                                                                                                                                                          1. Data Hosting<\/li>\n<\/ol>\n

                                                                                                                                                                                                                                            4.1. The provider leaves a defined storage space to the customer (see<\/p>\n

                                                                                                                                                                                                                                            Service Description) on a server to store its data. Provided that the<\/p>\n

                                                                                                                                                                                                                                            storage space should not be sufficient to store the data, the provider shall<\/p>\n

                                                                                                                                                                                                                                            Inform customers in good time. Unless the customer subsequently requests further<\/p>\n

                                                                                                                                                                                                                                            storage space against payment, data that exceeds the available storage space will be<\/p>\n

                                                                                                                                                                                                                                            exceed, are no longer stored.<\/p>\n

                                                                                                                                                                                                                                            4.2. The Provider shall ensure that the data stored via the Internet within the scope of<\/p>\n

                                                                                                                                                                                                                                            of the technical possibilities are retrievable.<\/p>\n

                                                                                                                                                                                                                                            4.3. The customer is not entitled to assign this storage space to a third party in part or in full,<\/p>\n

                                                                                                                                                                                                                                            for use in return for payment or free of charge.<\/p>\n

                                                                                                                                                                                                                                            4.4. The customer undertakes not to store any content on the storage space whose<\/p>\n

                                                                                                                                                                                                                                            Provision, publication and use against applicable law or agreements<\/p>\n

                                                                                                                                                                                                                                            with third parties.<\/p>\n

                                                                                                                                                                                                                                            4.5. The Provider shall take appropriate and reasonable measures within the scope of the technical possibilities.<\/p>\n

                                                                                                                                                                                                                                            Precautions against data loss and to prevent unauthorized access by third parties to the<\/p>\n

                                                                                                                                                                                                                                            Data of the customer. For this purpose, the Provider will make regular backups, which will be<\/p>\n

                                                                                                                                                                                                                                            Check customer’s data for viruses as well as install firewalls.<\/p>\n

                                                                                                                                                                                                                                            4.6. In any case, the customer remains the sole owner of the data and can therefore demand that the provider<\/p>\n

                                                                                                                                                                                                                                            during the term of the contract, the surrender of individual or all data<\/p>\n

                                                                                                                                                                                                                                            without the Provider having a right of retention. The publication of the<\/p>\n

                                                                                                                                                                                                                                            Data is transmitted via a data network in which the provider has<\/p>\n

                                                                                                                                                                                                                                            format used. The customer has no right to the data required for the use of the data.<\/p>\n

                                                                                                                                                                                                                                            suitable software. The Provider is entitled to charge a fee for the release of the data.<\/p>\n

                                                                                                                                                                                                                                            to demand compensation for expenses.<\/p>\n

                                                                                                                                                                                                                                            4.7. After termination of the contract, the customer is still entitled for one month to use the<\/p>\n

                                                                                                                                                                                                                                            Release of his data according to para. 4.6. to require. The provider is not obligated,<\/p>\n

                                                                                                                                                                                                                                            to store the customer’s data beyond this period or to demand the surrender of the data.<\/p>\n

                                                                                                                                                                                                                                            ensure If, after the expiration of the one-month period, a customer requests the surrender of<\/p>\n

                                                                                                                                                                                                                                            data and if these data are still available at the provider, the provider will give the<\/p>\n

                                                                                                                                                                                                                                            data to the customer after payment of the costs actually incurred for this.<\/p>\n

                                                                                                                                                                                                                                              \n
                                                                                                                                                                                                                                            1. Subcontractor<\/li>\n<\/ol>\n

                                                                                                                                                                                                                                              5.1. The Provider may, for the purpose of fulfilling the contractual performance, in particular to<\/p>\n

                                                                                                                                                                                                                                              Software programming, involve subcontractors\/third parties. In the case of the authorized<\/p>\n

                                                                                                                                                                                                                                              The provider is responsible for the careful instruction of the consulted persons.<\/p>\n

                                                                                                                                                                                                                                              5.2. The warranty and liability for subcontractors\/third parties shall be governed in accordance with Chapter 14<\/p>\n

                                                                                                                                                                                                                                              excluded to the extent permitted by law.<\/p>\n

                                                                                                                                                                                                                                                \n
                                                                                                                                                                                                                                              1. Cooperation with third parties<\/li>\n<\/ol>\n

                                                                                                                                                                                                                                                6.1. The customer has the possibility to give a third party, access to his<\/p>\n

                                                                                                                                                                                                                                                Buchassist account<\/span> and thus ensure the exchange of data. The customer retains<\/p>\n

                                                                                                                                                                                                                                                At the same time, full control over the access rights of the third party at all times<\/p>\n

                                                                                                                                                                                                                                                to its data and can restrict or deny access at any time.<\/p>\n

                                                                                                                                                                                                                                                6.2. In addition, the Provider allows the third party itself as a customer to have a bookassist account<\/p>\n

                                                                                                                                                                                                                                                opened In this case, the third party manages the access rights as a customer and can<\/p>\n

                                                                                                                                                                                                                                                grant, respectively restrict or deny them to third parties. The provider<\/p>\n

                                                                                                                                                                                                                                                reserves the right, however, to pass on specific data to third parties in justified individual cases.<\/p>\n

                                                                                                                                                                                                                                                authorized third parties.<\/p>\n

                                                                                                                                                                                                                                                6.3. By granting access rights to third parties, the customer expressly declares his<\/p>\n

                                                                                                                                                                                                                                                Consent that the Provider may disclose to the Authorized Person any and all data released<\/p>\n

                                                                                                                                                                                                                                                or allow access to it. For the data processing of the<\/p>\n

                                                                                                                                                                                                                                                The Provider does not assume any responsibility for the access of third parties (e.g. trustees). At<\/p>\n

                                                                                                                                                                                                                                                For the rest, reference is made to chapter 3 of the provider’s privacy policy.<\/p>\n

                                                                                                                                                                                                                                                  \n
                                                                                                                                                                                                                                                1. App Marketplace \/ Third Party Add-ons<\/li>\n<\/ol>\n

                                                                                                                                                                                                                                                  7.1. The Provider provides an interface (“API”) for communication with software from<\/p>\n

                                                                                                                                                                                                                                                  Third-party providers available. This gives the customer the opportunity to use the software to<\/p>\n

                                                                                                                                                                                                                                                  Buchassist<\/span> also offers various additional packages and services from third-party providers.<\/p>\n

                                                                                                                                                                                                                                                  (“add-ons”) to be integrated. In addition, the customer may allow further third parties to<\/p>\n

                                                                                                                                                                                                                                                  Grant authorization to use the interface to his bookassist account. Unless<\/p>\n

                                                                                                                                                                                                                                                  expressly agreed otherwise, a contractual relationship concerning the use of the<\/p>\n

                                                                                                                                                                                                                                                  of the third-party add-ons shall be exclusively between the customer and the third-party provider.<\/p>\n

                                                                                                                                                                                                                                                  7.2. Insofar as access rights are required for the use of an add-on, the customer agrees to<\/p>\n

                                                                                                                                                                                                                                                  with the order or integration of the Add-on expressly agrees, all<\/p>\n

                                                                                                                                                                                                                                                  to grant the access rights required for this purpose. The Provider is then entitled,<\/p>\n

                                                                                                                                                                                                                                                  to provide all data of the customer necessary for the use of the add-on.<\/p>\n

                                                                                                                                                                                                                                                  or to allow access to them. The customer retains at all times the full<\/p>\n

                                                                                                                                                                                                                                                  Control over the third party’s access rights to its data and can restrict access<\/p>\n

                                                                                                                                                                                                                                                  limit or deny at any time. The customer agrees that the<\/p>\n

                                                                                                                                                                                                                                                  Provider or the third party provider when using additional add-ons data with this<\/p>\n

                                                                                                                                                                                                                                                  Third-party provider exchanges.<\/p>\n

                                                                                                                                                                                                                                                  7.3. Any warranty and liability shall be excluded pursuant to sec. 14.7 explicit<\/p>\n

                                                                                                                                                                                                                                                  excluded. In particular, the Provider assumes responsibility for the data processing of the<\/p>\n

                                                                                                                                                                                                                                                  Third-party provider no responsibility.<\/p>\n

                                                                                                                                                                                                                                                  7.4. Notwithstanding any representation to the contrary, Provider shall in any event have the right,<\/p>\n

                                                                                                                                                                                                                                                  access to the Provider’s API for individual or all customers for important reasons.<\/p>\n

                                                                                                                                                                                                                                                  reason to partially or completely restrict at any time. Good cause shall be deemed to exist in particular<\/p>\n

                                                                                                                                                                                                                                                  if data is migrated via the interface to the detriment of the Provider or the<\/p>\n

                                                                                                                                                                                                                                                  infrastructure is too heavily loaded via requests through this interface.<\/p>\n

                                                                                                                                                                                                                                                  7.5. By ordering the add-on, the customer declares his agreement to the GTC as well as to the<\/p>\n

                                                                                                                                                                                                                                                  Privacy policy of the respective third-party provider. For the rest, reference is made to Chapter 3 of the<\/p>\n

                                                                                                                                                                                                                                                  Privacy policy of the provider.<\/p>\n

                                                                                                                                                                                                                                                    \n
                                                                                                                                                                                                                                                  1. Third-party consulting services<\/li>\n<\/ol>\n

                                                                                                                                                                                                                                                    8.1. The Provider offers third-party consulting services to its customers. The<\/p>\n

                                                                                                                                                                                                                                                    In accordance with the current service description on the Provider’s website, Customers are entitled to receive<\/p>\n

                                                                                                                                                                                                                                                    of consulting services from third-party providers. The<\/p>\n

                                                                                                                                                                                                                                                    Consulting services can be provided in particular, but not exclusively, on the basis of<\/p>\n

                                                                                                                                                                                                                                                    Insurance contracts are offered between the provider and the third party vendors.<\/p>\n

                                                                                                                                                                                                                                                    8.2. In order for the third-party provider to verify the customer’s eligibility and have the necessary<\/p>\n

                                                                                                                                                                                                                                                    contact information, the following data will be transmitted to the third party provider:<\/p>\n

                                                                                                                                                                                                                                                      \n
                                                                                                                                                                                                                                                    1. a) Name \/ Company of the company;<\/li>\n
                                                                                                                                                                                                                                                    2. b) Address (street, postal code, city, address additions);<\/li>\n
                                                                                                                                                                                                                                                    3. c) concluded contracts between the Provider and the Customer;<\/li>\n
                                                                                                                                                                                                                                                    4. d) Telephone number(s);<\/li>\n
                                                                                                                                                                                                                                                    5. e) E-mail address(es).<\/li>\n<\/ol>\n

                                                                                                                                                                                                                                                      8.3. Customers must, upon request to the third-party provider, confirm their eligibility for the<\/p>\n

                                                                                                                                                                                                                                                      be able to prove receipt of the consulting services at any time. The customers are in favor<\/p>\n

                                                                                                                                                                                                                                                      responsible to grant access to the consulting services exclusively to authorized<\/p>\n

                                                                                                                                                                                                                                                      employees (e.g. by disclosing the telephone number of the third-party provider).<\/p>\n

                                                                                                                                                                                                                                                      8.4. The customer obtains the respective consulting services in accordance with the present chapter<\/p>\n

                                                                                                                                                                                                                                                      exclusively from the third-party provider. All of the customer’s entitlements to benefits exist<\/p>\n

                                                                                                                                                                                                                                                      accordingly exclusively against the third-party provider. In particular, there is between<\/p>\n

                                                                                                                                                                                                                                                      Provider and the Customer shall at no time have any consulting or<\/p>\n

                                                                                                                                                                                                                                                      Insurance contract.<\/p>\n

                                                                                                                                                                                                                                                      8.5. The Provider reserves the right to terminate the consulting services for important reasons at any time.<\/p>\n

                                                                                                                                                                                                                                                      to restrict or terminate for individual customers. An important reason is<\/p>\n

                                                                                                                                                                                                                                                      in particular in the event of cross-regulatory or excessive use of the offer.<\/p>\n

                                                                                                                                                                                                                                                      8.6. By accepting the present GTC, the customers simultaneously declare their agreement to<\/p>\n

                                                                                                                                                                                                                                                      to the general terms and conditions as well as to the privacy policy of the respective<\/p>\n

                                                                                                                                                                                                                                                      Third party provider.<\/p>\n

                                                                                                                                                                                                                                                        \n
                                                                                                                                                                                                                                                      1. Support<\/li>\n<\/ol>\n

                                                                                                                                                                                                                                                        10.1. The Provider will respond to inquiries (by e-mail or telephone) from the Customer about the Buchassist software and<\/p>\n

                                                                                                                                                                                                                                                        other services provided by the Provider within the scope of the services offered on the Provider’s website<\/p>\n

                                                                                                                                                                                                                                                        published business hours as soon as possible after receipt of the respective question<\/p>\n

                                                                                                                                                                                                                                                        answer by phone or in writing. This does not include support for software<\/p>\n

                                                                                                                                                                                                                                                        and third-party services (e.g. add-ons).<\/p>\n

                                                                                                                                                                                                                                                          \n
                                                                                                                                                                                                                                                        1. Impairment of accessibility<\/li>\n<\/ol>\n

                                                                                                                                                                                                                                                          11.1. Adjustments, modifications and additions to the contractual<\/p>\n

                                                                                                                                                                                                                                                          SaaS services of the provider as well as measures that serve to detect and remedy<\/p>\n

                                                                                                                                                                                                                                                          of functional disturbances will only lead to a temporary interruption of the<\/p>\n

                                                                                                                                                                                                                                                          or impairment of accessibility, if this is not possible for technical reasons.<\/p>\n

                                                                                                                                                                                                                                                          is required.<\/p>\n

                                                                                                                                                                                                                                                          11.2. The monitoring of the basic functions as well as the maintenance of the Buchassist software is performed<\/p>\n

                                                                                                                                                                                                                                                          regularly. In case of serious errors (i.e. the use of the Buchassist software is no longer<\/p>\n

                                                                                                                                                                                                                                                          possible or considerably restricted), maintenance is usually carried out within 4 hours from<\/p>\n

                                                                                                                                                                                                                                                          Knowledge or notification by the customer. The Provider will inform the Customer about the<\/p>\n

                                                                                                                                                                                                                                                          Notify maintenance work in good time and carry it out as quickly as possible. The<\/p>\n

                                                                                                                                                                                                                                                          Provider makes every effort to ensure the highest possible availability of the Buchassist software.<\/p>\n

                                                                                                                                                                                                                                                          11.3. Third-party services are excluded from this chapter. The provider<\/p>\n

                                                                                                                                                                                                                                                          in particular for add-ons, which are the responsibility of third parties, can not be<\/p>\n

                                                                                                                                                                                                                                                          Ensure availability.<\/p>\n

                                                                                                                                                                                                                                                            \n
                                                                                                                                                                                                                                                          1. Duties of the customer<\/li>\n<\/ol>\n

                                                                                                                                                                                                                                                            12.1. The customer undertakes to use the SaaS services exclusively for the<\/p>\n

                                                                                                                                                                                                                                                            use for the purpose stipulated in the contract. He bears sole responsibility for the content,<\/p>\n

                                                                                                                                                                                                                                                            which he as well as the users he has set up use the<\/p>\n

                                                                                                                                                                                                                                                            Create, transmit or use SaaS services. The customer is responsible for the<\/p>\n

                                                                                                                                                                                                                                                            necessary system requirements (in particular hardware and software) to use the<\/p>\n

                                                                                                                                                                                                                                                            Software Buchassist responsible. The customer is responsible for the entry and maintenance of his<\/p>\n

                                                                                                                                                                                                                                                            data and information required to use the SaaS services – without prejudice to<\/p>\n

                                                                                                                                                                                                                                                            the provider’s obligation to back up data – responsible.<\/p>\n

                                                                                                                                                                                                                                                            12.2. The customer is obligated to check his data and information for viruses or<\/p>\n

                                                                                                                                                                                                                                                            other harmful components and to check the state of the art for this purpose.<\/p>\n

                                                                                                                                                                                                                                                            use appropriate anti-virus programs.<\/p>\n

                                                                                                                                                                                                                                                            12.3. The customer is obliged to prevent unauthorized access to the software by third parties by means of suitable<\/p>\n

                                                                                                                                                                                                                                                            precautions to prevent. The customer is obliged to inform his employees about the<\/p>\n

                                                                                                                                                                                                                                                            existing intellectual property rights and to ensure compliance with them.<\/p>\n

                                                                                                                                                                                                                                                            In particular, the customer shall instruct its employees not to make any copies of the<\/p>\n

                                                                                                                                                                                                                                                            software or to pass on access data to third parties.<\/p>\n

                                                                                                                                                                                                                                                            12.4. When using the SaaS services for the first time, the customer must create a “User ID” himself.<\/p>\n

                                                                                                                                                                                                                                                            incl. Generate password, which is required to access the bookassist account. The<\/p>\n

                                                                                                                                                                                                                                                            Customer is obliged to provide his “User ID” incl. Password secret and third parties<\/p>\n

                                                                                                                                                                                                                                                            not to make them accessible to third parties. The Customer shall immediately notify the Provider of any<\/p>\n

                                                                                                                                                                                                                                                            unauthorized use or otherwise attacking security. In<\/p>\n

                                                                                                                                                                                                                                                            in such cases, the provider will store the “User ID” incl. Reset the customer’s password.<\/p>\n

                                                                                                                                                                                                                                                            12.5. The customer shall take all measures which, in its reasonable discretion, are necessary for the<\/p>\n

                                                                                                                                                                                                                                                            Maintaining or improving the security of the data, the software and the<\/p>\n

                                                                                                                                                                                                                                                            network connections are required. In particular, the customer undertakes to keep its<\/p>\n

                                                                                                                                                                                                                                                            Change password regularly, but at least every sixty (60) days.<\/p>\n

                                                                                                                                                                                                                                                            12.6. The customer is obligated to keep his details in his Buchassist account, in particular the<\/p>\n

                                                                                                                                                                                                                                                            stored personal data such as residential\/domicile address, e-mail address for messages and<\/p>\n

                                                                                                                                                                                                                                                            invoice deliveries as well as telephone number(s), always (daily) up to date.<\/p>\n

                                                                                                                                                                                                                                                            12.7. After termination of the contractual relationship, the customer himself is responsible for securing his<\/p>\n

                                                                                                                                                                                                                                                            Data responsible. The Provider is entitled to delete all data one month after<\/p>\n

                                                                                                                                                                                                                                                            termination of the contract irrevocably.<\/p>\n

                                                                                                                                                                                                                                                            12.8. If the customer violates any obligations according to these GTC or further<\/p>\n

                                                                                                                                                                                                                                                            contractual provisions, the Provider shall be authorized to transfer the book-assist account and thus the<\/p>\n

                                                                                                                                                                                                                                                            Access to all services of the Provider temporarily or permanently<\/p>\n

                                                                                                                                                                                                                                                            to restrict or block.<\/p>\n

                                                                                                                                                                                                                                                              \n
                                                                                                                                                                                                                                                            1. Charge<\/li>\n<\/ol>\n

                                                                                                                                                                                                                                                              13.1. The Customer undertakes to pay to the Provider for the services ordered the amount due in accordance with its<\/p>\n

                                                                                                                                                                                                                                                              Subscription \/ corresponding service description agreed fee plus. VAT to be paid.<\/p>\n

                                                                                                                                                                                                                                                              13.2. Unless otherwise agreed in writing, the fee shall be paid in advance in each case.<\/p>\n

                                                                                                                                                                                                                                                              13.3. The Provider will send an invoice to the Customer for the fee owed under the contract to<\/p>\n

                                                                                                                                                                                                                                                              the e-mail address stored with the billing address.<\/p>\n

                                                                                                                                                                                                                                                              13.4. The Provider shall be entitled at any time by written notice to the Customer to<\/p>\n

                                                                                                                                                                                                                                                              to adjust the charges and\/or service contents. Reasons for such<\/p>\n

                                                                                                                                                                                                                                                              Change in performance are in particular the technical progress and further development<\/p>\n

                                                                                                                                                                                                                                                              of the software. If the customer does not wish to continue the contract at the amended rates and<\/p>\n

                                                                                                                                                                                                                                                              If the changes represent a deterioration of the conditions from the customer’s point of view, it is<\/p>\n

                                                                                                                                                                                                                                                              for extraordinary termination with a notice period of 14 days to the date of change<\/p>\n

                                                                                                                                                                                                                                                              authorized.<\/p>\n

                                                                                                                                                                                                                                                              13.5. In the event of a delay in payment, the Provider is entitled to terminate the bookassist account and thus the<\/p>\n

                                                                                                                                                                                                                                                              temporarily block access to all services of the Provider. In this case<\/p>\n

                                                                                                                                                                                                                                                              the agreed fee remains due in full even during the blocking. The<\/p>\n

                                                                                                                                                                                                                                                              Access will be reactivated after payment of outstanding invoices. Digit. 15.5<\/p>\n

                                                                                                                                                                                                                                                              remains reserved.<\/p>\n

                                                                                                                                                                                                                                                                \n
                                                                                                                                                                                                                                                              1. Warranty \/ Liability<\/li>\n<\/ol>\n

                                                                                                                                                                                                                                                                14.1. The Provider shall provide for the functional and operational readiness of the<\/p>\n

                                                                                                                                                                                                                                                                SaaS Services Warranty in accordance with the provisions in these GTC.<\/p>\n

                                                                                                                                                                                                                                                                14.2. The Customer undertakes to indemnify the Provider against all claims by third parties based on the<\/p>\n

                                                                                                                                                                                                                                                                stored data and to reimburse the Provider for all costs,<\/p>\n

                                                                                                                                                                                                                                                                incurred by the latter due to possible infringements of rights.<\/p>\n

                                                                                                                                                                                                                                                                14.3. The Provider is entitled to immediately block the storage space if the justified<\/p>\n

                                                                                                                                                                                                                                                                there is suspicion that the stored data is illegal and\/or rights of third parties<\/p>\n

                                                                                                                                                                                                                                                                injure A reasonable suspicion for an illegality and\/or an<\/p>\n

                                                                                                                                                                                                                                                                Violation of rights exists in particular when courts, authorities and\/or other<\/p>\n

                                                                                                                                                                                                                                                                third party to notify the Provider thereof. The Provider has informed the Customer of the<\/p>\n

                                                                                                                                                                                                                                                                distance and the reason for it without delay. The lock is to be lifted,<\/p>\n

                                                                                                                                                                                                                                                                as soon as the suspicion has been fully rebutted.<\/p>\n

                                                                                                                                                                                                                                                                14.4. Within the framework of the statutory provisions, the Provider excludes any liability<\/p>\n

                                                                                                                                                                                                                                                                towards the customer (or any third party) in particular for the fulfillment of its<\/p>\n

                                                                                                                                                                                                                                                                contractual and non-contractual obligations as well as for the loss of data from<\/p>\n

                                                                                                                                                                                                                                                                (including for negligence). This exclusion of liability shall also apply to the damage<\/p>\n

                                                                                                                                                                                                                                                                arises directly or indirectly from the use of the Buchassist software.<\/p>\n

                                                                                                                                                                                                                                                                14.5. If the Provider has auxiliary persons for the fulfillment of its contractual obligations<\/p>\n

                                                                                                                                                                                                                                                                If a member of the Board of Directors is called in, he shall be responsible for the careful instruction of the persons called in. For the rest<\/p>\n

                                                                                                                                                                                                                                                                Warranty and liability are fully excluded to the extent permitted by law.<\/p>\n

                                                                                                                                                                                                                                                                excluded. This exclusion of warranty and liability also applies in particular to<\/p>\n

                                                                                                                                                                                                                                                                Intent and gross negligence.<\/p>\n

                                                                                                                                                                                                                                                                14.6. In all cases, regardless of the basis of liability, the Provider’s liability is limited to the<\/p>\n

                                                                                                                                                                                                                                                                Amount of the monthly license fee in the last twelve months before the accrual of the<\/p>\n

                                                                                                                                                                                                                                                                Damage limited.<\/p>\n

                                                                                                                                                                                                                                                                14.7. The warranty for the functional and operational readiness as well as the liability regarding<\/p>\n

                                                                                                                                                                                                                                                                to third-party software and services (especially add-ons,<\/p>\n

                                                                                                                                                                                                                                                                consulting services, bank interfaces) is provided to the extent permitted by law.<\/p>\n

                                                                                                                                                                                                                                                                fully excluded.<\/p>\n

                                                                                                                                                                                                                                                                  \n
                                                                                                                                                                                                                                                                1. Contract duration<\/li>\n<\/ol>\n

                                                                                                                                                                                                                                                                  15.1. The contractual relationship begins with the registration and order by the customer.<\/p>\n

                                                                                                                                                                                                                                                                  15.2. The contractual relationship is concluded for an indefinite period. Consequently, the respective<\/p>\n

                                                                                                                                                                                                                                                                  Subscription (monthly, annual, etc.) automatically for another billing period<\/p>\n

                                                                                                                                                                                                                                                                  extended as long as the contractual relationship is not terminated in accordance with this chapter.<\/p>\n

                                                                                                                                                                                                                                                                  was.<\/p>\n

                                                                                                                                                                                                                                                                  15.3. The parties are entitled to terminate the agreement with one month’s notice as of the end of<\/p>\n

                                                                                                                                                                                                                                                                  the current billing period of the respective subscription (monthly subscription, annual subscription, etc.)<\/p>\n

                                                                                                                                                                                                                                                                  to terminate the contractual relationship. Agreements to the contrary concerning<\/p>\n

                                                                                                                                                                                                                                                                  Cancellation periods remain reserved (especially in the context of special promotions).<\/p>\n

                                                                                                                                                                                                                                                                  15.4. Form of termination: The cancellation must be made online in the customer’s Buchassist account. At<\/p>\n

                                                                                                                                                                                                                                                                  Following the termination, the customer receives an e-mail from the provider with a<\/p>\n

                                                                                                                                                                                                                                                                  Confirmation link. When this confirmation is received by the provider, the<\/p>\n

                                                                                                                                                                                                                                                                  bookassist account<\/span> after the expiry of the one-month notice period at the end of the respective<\/p>\n

                                                                                                                                                                                                                                                                  Biennium locked. The decisive date for termination is the date of receipt of the<\/p>\n

                                                                                                                                                                                                                                                                  Confirmation of termination with the provider.<\/p>\n

                                                                                                                                                                                                                                                                  15.5. The parties reserve the right to terminate the contract immediately for good cause.<\/p>\n

                                                                                                                                                                                                                                                                  unprejudiced. An important reason for the immediate termination of this contract is for the<\/p>\n

                                                                                                                                                                                                                                                                  Provider in particular then before,<\/p>\n

                                                                                                                                                                                                                                                                    \n
                                                                                                                                                                                                                                                                  1. a) if the customer falls into bankruptcy or the bankruptcy proceedings are initiated for lack of assets<\/li>\n<\/ol>\n

                                                                                                                                                                                                                                                                    was set;<\/p>\n

                                                                                                                                                                                                                                                                      \n
                                                                                                                                                                                                                                                                    1. b) if the customer is in arrears with payment obligations arising from this contractual relationship.<\/li>\n<\/ol>\n

                                                                                                                                                                                                                                                                      of at least one month’s remuneration is in arrears and he has been given notice of default.<\/p>\n

                                                                                                                                                                                                                                                                      a grace period of two weeks has been granted without success;<\/p>\n

                                                                                                                                                                                                                                                                        \n
                                                                                                                                                                                                                                                                      1. c) if the customer, when using the services that are the subject of the contract, culpably<\/li>\n<\/ol>\n

                                                                                                                                                                                                                                                                        violates legal regulations or infringes on copyrights, industrial property rights or<\/p>\n

                                                                                                                                                                                                                                                                        name rights of third parties;<\/p>\n

                                                                                                                                                                                                                                                                          \n
                                                                                                                                                                                                                                                                        1. d) if the customer seriously violates obligations according to these GTC or<\/li>\n<\/ol>\n

                                                                                                                                                                                                                                                                          violates any other contractual provisions;<\/p>\n

                                                                                                                                                                                                                                                                            \n
                                                                                                                                                                                                                                                                          1. e) when using the distributed services for the purpose of promoting criminal,<\/li>\n<\/ol>\n

                                                                                                                                                                                                                                                                            unlawful and ethically questionable actions by the customer.<\/p>\n

                                                                                                                                                                                                                                                                            15.6. In the event of the death of the owner of a sole proprietorship, the Provider shall in principle be liable for the<\/p>\n

                                                                                                                                                                                                                                                                            Release of the data of the sole proprietorship to authorized persons (in particular<\/p>\n

                                                                                                                                                                                                                                                                            family members, trustees) are entitled. This issuance is conditional upon proof of a<\/p>\n

                                                                                                                                                                                                                                                                            legitimate interest (e.g. succession planning, division of an estate, etc.). Further the<\/p>\n

                                                                                                                                                                                                                                                                            Provider after providing appropriate evidence of an authorized person<\/p>\n

                                                                                                                                                                                                                                                                            Grant access to the book-assist account of the individual company concerned or set the account to<\/p>\n

                                                                                                                                                                                                                                                                            transferred to such a person (e.g. heir). Is the authorization in doubt or does it raise<\/p>\n

                                                                                                                                                                                                                                                                            several parties have divergent claims, the Provider may refuse to issue data or<\/p>\n

                                                                                                                                                                                                                                                                            refuse to take further steps.<\/p>\n

                                                                                                                                                                                                                                                                              \n
                                                                                                                                                                                                                                                                            1. Communications<\/li>\n<\/ol>\n

                                                                                                                                                                                                                                                                              16.1. All notices, except as provided in this Agreement or by law, shall be<\/p>\n

                                                                                                                                                                                                                                                                              more stringent form is mandatory, in writing or by e-mail to the address specified by the customer.<\/p>\n

                                                                                                                                                                                                                                                                              specified in the bookassist account or indicated on the provider’s website.<\/p>\n

                                                                                                                                                                                                                                                                              (e-mail) addresses. The Customer is obliged to notify the Provider of address changes<\/p>\n

                                                                                                                                                                                                                                                                              (incl. e-mail) without delay, respectively to adjust in the Buchassist account,<\/p>\n

                                                                                                                                                                                                                                                                              Otherwise, notices sent to the last known address shall be deemed to be legally effective.<\/p>\n

                                                                                                                                                                                                                                                                              received.<\/p>\n

                                                                                                                                                                                                                                                                                \n
                                                                                                                                                                                                                                                                              1. Privacy<\/li>\n<\/ol>\n

                                                                                                                                                                                                                                                                                17.1. With the acceptance of these GTC, the customer simultaneously declares his consent to the<\/p>\n

                                                                                                                                                                                                                                                                                Privacy policy (attachment 1) and to the order processing agreement (Annex 2) of the<\/p>\n

                                                                                                                                                                                                                                                                                Provider in each case in the currently valid version. This is permanently available on the website of the<\/p>\n

                                                                                                                                                                                                                                                                                provider is switched on. The customer declares to know these documents.<\/p>\n

                                                                                                                                                                                                                                                                                  \n
                                                                                                                                                                                                                                                                                1. Intellectual property rights<\/li>\n<\/ol>\n

                                                                                                                                                                                                                                                                                  18.1. All intellectual property rights to the SaaS services of the Provider, in particular to<\/p>\n

                                                                                                                                                                                                                                                                                  of the software Buchassist as well as to the website remain the property of the provider.<\/p>\n

                                                                                                                                                                                                                                                                                    \n
                                                                                                                                                                                                                                                                                  1. Secrecy obligation<\/li>\n<\/ol>\n

                                                                                                                                                                                                                                                                                    19.1. The Provider undertakes to inform the Provider about all the information it receives in the course of the preparation, implementation and<\/p>\n

                                                                                                                                                                                                                                                                                    confidential processes that have come to our knowledge in the course of the performance of this contract, in particular<\/p>\n

                                                                                                                                                                                                                                                                                    business or trade secrets of the customer and to keep them confidential.<\/p>\n

                                                                                                                                                                                                                                                                                    Information without authorization of the customer not to outside third parties<\/p>\n

                                                                                                                                                                                                                                                                                    to pass on. This applies vis-\u00e0-vis any unauthorized third party, provided that the disclosure of<\/p>\n

                                                                                                                                                                                                                                                                                    Information is not required for the proper fulfillment of the contractual obligations of the<\/p>\n

                                                                                                                                                                                                                                                                                    provider is required.<\/p>\n<\/p>\n

                                                                                                                                                                                                                                                                                    19.3. The Customer authorizes the Provider to name the Customer publicly as a reference and to<\/p>\n

                                                                                                                                                                                                                                                                                    General about the agreed contract in an appropriate manner for marketing, public<\/p>\n

                                                                                                                                                                                                                                                                                    relations and sales purposes. However, the provider will notify the customer before<\/p>\n

                                                                                                                                                                                                                                                                                    Publication contact, whereby the customer exclusively for important reasons its<\/p>\n

                                                                                                                                                                                                                                                                                    can revoke consent.<\/p>\n

                                                                                                                                                                                                                                                                                      \n
                                                                                                                                                                                                                                                                                    1. Severability clause<\/li>\n<\/ol>\n

                                                                                                                                                                                                                                                                                      20.1. Should individual provisions of this contract be or become invalid or void,<\/p>\n

                                                                                                                                                                                                                                                                                      this shall not affect the validity of the remaining provisions. The ineffective or<\/p>\n

                                                                                                                                                                                                                                                                                      void provision shall be replaced by a new, legally permissible provision.<\/p>\n

                                                                                                                                                                                                                                                                                      replace the economic significance and effect of the ineffective or<\/p>\n

                                                                                                                                                                                                                                                                                      void provision comes closest. The same procedure shall be followed if a<\/p>\n

                                                                                                                                                                                                                                                                                      contractual gap becomes apparent.<\/p>\n

                                                                                                                                                                                                                                                                                        \n
                                                                                                                                                                                                                                                                                      1. Applicable law and place of jurisdiction<\/li>\n<\/ol>\n

                                                                                                                                                                                                                                                                                        21.1. This Agreement, including the issues of its formation and validity, is subject to<\/p>\n

                                                                                                                                                                                                                                                                                        Swiss law, excluding the conflict of law rules and international agreements.<\/p>\n

                                                                                                                                                                                                                                                                                        21.2. Exclusive place of jurisdiction for all disputes arising from or in connection with<\/p>\n

                                                                                                                                                                                                                                                                                        this Agreement and with respect to the subject matter hereof, including the<\/p>\n

                                                                                                                                                                                                                                                                                        Questions of formation, validity, invalidity, binding nature<\/p>\n

                                                                                                                                                                                                                                                                                        implementation, modification or amendment, breach or termination of this<\/p>\n

                                                                                                                                                                                                                                                                                        contract, is at the registered office of the Provider.<\/p>\n

                                                                                                                                                                                                                                                                                          \n
                                                                                                                                                                                                                                                                                        1. Priority<\/li>\n<\/ol>\n

                                                                                                                                                                                                                                                                                          22.1. In the event of any inconsistencies between the German version of these GTC and its annexes and a<\/p>\n

                                                                                                                                                                                                                                                                                          version in another language, the German version has priority.<\/p>\n

                                                                                                                                                                                                                                                                                          Last version: November 2022<\/p>\n

                                                                                                                                                                                                                                                                                          Accentoris AG<\/p>\n

                                                                                                                                                                                                                                                                                          Auerstrasse 14<\/p>\n

                                                                                                                                                                                                                                                                                          9442 Berneck<\/p>\n

                                                                                                                                                                                                                                                                                          Switzerland<\/p>\n

                                                                                                                                                                                                                                                                                          Annex 1 Privacy policy<\/p>\n

                                                                                                                                                                                                                                                                                          Annex 2 Order processing contract<\/p><\/p>\n\t\t\t\t\t\t\t\t<\/div>\n\t\t\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t\t<\/div>\n\t\t<\/div>\n\t\t\t\t\t<\/div>\n\t\t<\/section>\n\t\t\t\t<\/div>\n\t\t","protected":false},"excerpt":{"rendered":"

                                                                                                                                                                                                                                                                                          General terms and conditions Contact Buchassist General terms and conditions Accentoris AG These General Terms and Conditions (“GTC”) govern the contractual relationship between Accentoris AG (“Provider”) and its customers (hereinafter “Customer”). By filling in the Login screen for registering and ordering a user account (“Buchassist account”) on the website of the Provider, the Customer accepts […]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_monsterinsights_skip_tracking":false,"_monsterinsights_sitenote_active":false,"_monsterinsights_sitenote_note":"","_monsterinsights_sitenote_category":0,"site-sidebar-layout":"no-sidebar","site-content-layout":"page-builder","ast-site-content-layout":"","site-content-style":"default","site-sidebar-style":"default","ast-global-header-display":"","ast-banner-title-visibility":"","ast-main-header-display":"","ast-hfb-above-header-display":"","ast-hfb-below-header-display":"","ast-hfb-mobile-header-display":"","site-post-title":"disabled","ast-breadcrumbs-content":"","ast-featured-img":"disabled","footer-sml-layout":"","theme-transparent-header-meta":"","adv-header-id-meta":"","stick-header-meta":"","header-above-stick-meta":"","header-main-stick-meta":"","header-below-stick-meta":"","astra-migrate-meta-layouts":"default","ast-page-background-enabled":"default","ast-page-background-meta":{"desktop":{"background-color":"var(--ast-global-color-4)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""},"tablet":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""},"mobile":{"background-color":"","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""}},"ast-content-background-meta":{"desktop":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""},"tablet":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""},"mobile":{"background-color":"var(--ast-global-color-5)","background-image":"","background-repeat":"repeat","background-position":"center center","background-size":"auto","background-attachment":"scroll","background-type":"","background-media":"","overlay-type":"","overlay-color":"","overlay-gradient":""}},"footnotes":""},"_links":{"self":[{"href":"https:\/\/www.buchassist.com\/en\/wp-json\/wp\/v2\/pages\/1108"}],"collection":[{"href":"https:\/\/www.buchassist.com\/en\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.buchassist.com\/en\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.buchassist.com\/en\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.buchassist.com\/en\/wp-json\/wp\/v2\/comments?post=1108"}],"version-history":[{"count":8,"href":"https:\/\/www.buchassist.com\/en\/wp-json\/wp\/v2\/pages\/1108\/revisions"}],"predecessor-version":[{"id":2388,"href":"https:\/\/www.buchassist.com\/en\/wp-json\/wp\/v2\/pages\/1108\/revisions\/2388"}],"wp:attachment":[{"href":"https:\/\/www.buchassist.com\/en\/wp-json\/wp\/v2\/media?parent=1108"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}