Welcome to fileee! Below you will find our General Terms and Conditions (GTC) for fileee Conversations customers. The T&Cs set out the services we undertake to provide and the rules that apply when using fileee Conversations. If you are a private customer, the fileee Consumer Terms and Conditions apply.
Brief description fileee Conversations
fileee Conversations is a cloud service (technical system) for digital services on the standardised fileee platform. By means of configurations, a variety of processes between a company and its customers can be modelled via fileee Conversations (fileee processes). The customer (company) wants to offer fileee processes for its end customers via fileee Conversations. The scope of services is always determined by the selected fileee Conversations package. The following terms and conditions govern the use of fileee Conversations by the customer.
The present General Terms and Conditions (GTC) "fileee Conversations" of fileee are integral parts of the contract.
General terms and conditions of the customer, the (supplementary) validity of which is not expressly determined by individual agreement of the parties, are excluded, even if reference is made to their validity in declarations of acceptance of the customer to an offer of fileee or similar declarations.
If and to the extent that fileee comes into contact with personal data within the scope of the provision of services under the individual contract, for which the Customer is the data controller within the meaning of the data protection regulations, it is mandatory that an agreement on commissioned processing be concluded between the parties. The customer is obliged to inform fileee prior to the conclusion of the contract about the purpose, type and scope of any commissioned processing, the type of data processed in the commission and the categories of data subjects. The customer must ensure that all data processed by fileee on its behalf was collected and is processed lawfully within its area of responsibility.
fileee is entitled to adapt the hardware and software used to provide the services to the respective state of the art. If, as a result of such an adaptation, additional requirements arise for the content stored by the customer on the server in order to guarantee the provision of the services by fileee, fileee will inform the customer of these additional requirements. Immediately upon receipt of the notification, the customer will decide whether the additional requirements are to be fulfilled and by when this will be done. If the customer does not declare at the latest four weeks before the changeover date that he will adapt his content to the additional requirements in time for the changeover, i.e. at the latest three working days before the changeover date, fileee has the right to terminate the contractual relationship with effect from the changeover date.
fileee will only agree to the client's change requests to the extent that it is reasonable. fileee is obligated to review the client's change proposal. If fileee recognises that the customer's proposed change is incorrect, incomplete, ambiguous or not feasible, fileee will inform the customer of this and the consequences it recognises in text form and give the customer the opportunity to correct or confirm the proposed change. The client, in turn, will immediately decide on the correction or confirmation of the proposed amendment. If fileee recognises that even the examination of the change request is only possible with considerable effort, it will inform the client of this and at the same time submit an offer for the examination of the change request. In this case, the preceding sentences apply accordingly. Furthermore, fileee will inform the customer within ten working days of receipt of the change request of any effects of the change request on the services under the contract and submit a change agreement as an offer, insofar as the implementation of the changes results in relevant changes in terms of time or price.
In the first step, the customer logs in and registers. He enters his e-mail address and assigns a secure password for access to fileee. If the customer already has a fileee account according to the fileee Consumer or fileee Business Terms and Conditions, this account can also be used to access fileee Conversations. Access to fileee can also be provided via web portals of other providers; in these cases, the customer can initially also use his access data for the web portals of these other providers to register with fileee. In any case, the customer must confirm that he is aware of the fileee Conversations Terms and Conditions and the data protection regulations before registering. He completes this process by confirming a button with a corresponding label (e.g. "Create account"). From this moment on, it is no longer possible to correct errors and entries of information that are relevant for the conclusion of the contract. The contract is concluded. For the sake of clarity, it should be noted that the password and user name can in principle be changed at any time, even after the contract has been concluded. fileee recommends regularly changing the password for reasons of data security.
Additional functions subject to a charge
The customer has the option of activating additional functions for use. This can be done directly with registration by confirming a button with the corresponding inscription (e.g. Book package now with costs). In addition, the customer has the possibility at any time within the profile settings, which are set up in the "software", to book additional functions named in detail there such as packages (subscriptions) for a fee. The use of additional functions is subject to payment of a fee. Payment can be made monthly or for a longer period in advance (e.g. annually). Likewise, some functionalities are charged according to consumption. Prices and information on possible payment methods for the use of these additional functions can be found on the website at www.fileee.com/conversations, as well as information on the spatial restrictions of use of the "system". The invoice amount due can only be settled by the payment methods listed in the "Software". Payment methods not listed are not accepted. The customer shall receive information on the accepted means of payment and the spatial restrictions on use of the "System" before the order process begins.
Activation takes place by clicking on the "Buy now" button or similarly meaningful wording next to the additional function selected in each case. The customer is then given the opportunity to correct input errors by cancelling and restarting the order process or via the editing function. Only after a further confirmation is the activation carried out directly in the programme and the customer can use the functionalities of the additional function.
The customer receives a confirmation e-mail to the e-mail address stored in the user profile. This confirmation email once again contains the General Terms and Conditions of fileee that apply to the use of the service. fileee also permanently stores the text of the contract and sends the order data and the General Terms and Conditions to the customer by email at any time upon request.
fileee uses the services of an external data centre for the provision of services. A description of the technical environment in the data centre and the relevant security precautions in the data centre as well as certifications of the data centre or the data centre operator are recorded in the fileee Conversations service description.
The services of fileee in the context of granting access to or via the Internet are limited solely to the mediation of the data communication initiated by the customer between the connection of the customer and the transfer point of the data centre to the Internet. It is not possible for fileee to influence the data traffic outside of its own communication network. In this respect, a successful forwarding of information from or to the target computer addressed by the customer is not owed. fileee ensures that the highest possible data transmission speed is achieved for the customer by means of a state-of-the-art bandwidth of the connection to the next Internet node.
fileee shall provide the services to the client as of the conclusion of the contract (§3).
fileee provides transactions for the customer on the basis of access services, which include the receipt, storage and transmission of electronic messages addressed to the customer, as well as the receipt, storage and transmission of electronic messages that the customer wishes to send to recipients named by the customer within or outside the fileee network. Details of the scope of services are set out in the following paragraphs and, in particular, the technical principles in the fileee Conversations service description.
The obligations of fileee with regard to the receipt and forwarding of transactions are limited to the receipt of the transactions to be transmitted by the customer and, if the address of the recipient does not belong to the fileee network, the transfer of these transactions to the Internet at a transfer point to the Internet held ready by fileee (transfer point of the computer centre pursuant to § 4.1). Accordingly, the service with regard to the transactions directed to the customer from outside the fileee network consists of the receipt of the electronic messages at the transfer point of the fileee network to the Internet and the holding of the received transactions ready for retrieval by the customer.
The obligation of fileee to store transactions entered into is limited to the duration of the contractual relationship.
The customer has the right to receive the transactions addressed to him as well as the transactions sent by him via the fileee Platform and stored by fileee for the customer (in particular, but not exclusively, the personal data concerning him) in a structured, common and machine-readable format. To the extent that this is technically feasible and legally permissible, the customer also has the right to request that fileee transmit the data to third parties. fileee provides these services by providing standard interfaces (API). § 12 remains unaffected.
As part of the shared cloud environment, fileee will rent storage space to the customer on its own servers so that the customer can use them via data networks. On the server, the content is made available for retrieval via the Internet. The contents of the storage space intended for the customer are secured by fileee in accordance with the fileee Conversations service description.
If fileee has provided the Customer with static IP addresses, fileee may change the IP addresses assigned to the Customer if this should become necessary for technical or legal reasons. The customer will be informed immediately about the upcoming change.
Application Service Providing
In addition to the services according to § 4.2 and § 4.3, fileee provides the customer with the use of the application fileee Conversations according to the service of the selected fileee Conversations package. fileee Conversations is provided for use by fileee from the transfer point of the data centre according to § 4.1. fileee Conversations remains on the server of fileee. fileee does not owe the establishment and maintenance of the data connection between the IT system of the customer and the transfer point operated by fileee. The provision of the functions and services described in the fileee Conversations service description and in an objectively customary system environment at the time of provision is guaranteed. fileee does not owe any further quality of fileee Conversations.
Outside of release changes, fileee can change and further develop the product fileee Conversations within the scope of technical possibilities, if the change is reasonable for the customer, taking into account the interests of fileee. fileee will inform the customer of such changes in an appropriate manner, if and to the extent that these changes have an influence on the services of fileee agreed in the selected fileee Conversations package. However, the customer has no claim to the use of a newer version than the services provided at the time of the conclusion of the contract. fileee provides care and maintenance of fileee Conversations. These services include:
Elimination of defects and malfunctions of fileee Conversations within the agreed error response time (see § 4.6 in this regard), which exceeds the statutory rights.
Provision of a support service via e-mail or a ticket system for advice and support in the use of fileee Conversations (see § 4.6). The support request must always be made by e-mail or via the ticket system in accordance with the agreement of the contractual partners.
Updating fileee Conversations as part of maintenance (updates).
Entitlement to the provision of additional services by fileee. Not included are the support and responsibility for the interfaces, network infrastructure and bandwidths on the customer side.
The customer has the option to store data on the virtual data server set up for him by fileee, which he can access in connection with the use of fileee Conversations. fileee owes only the provision of storage space for use by the customer. fileee has no custodial or safekeeping obligations with respect to the data transmitted and processed by the customer. The customer is responsible for complying with the retention periods under commercial and tax law.
The amount of storage space available to the customer is determined by the selected fileee Conversations package.
The customer may access fileee Conversations simultaneously from the number of workstations specified in the currently selected fileee Conversations package. Subject to full and unconditional payment of the agreed remuneration, the customer receives the non-exclusive right to use fileee Conversations as intended for their own use within the scope of their business operations. For this purpose, the customer receives the right to access fileee Conversations via data networks and, if necessary, to load the fileee Conversations product in whole or in part into the working memory of his computer or mobile device. The above rights are transferred for a limited period of time for the duration of the contract.
The customer does not receive any further rights than those expressly granted above; in particular, the customer does not receive the right to sub-license or rent out fileee Conversations or otherwise grant third parties rights to use fileee Conversations (see also § 7).
The removal of copy protection or similar protection routines as well as the implementation of program modifications to fileee Conversations are only permitted for fileee or representatives of fileee. Copyright notices, serial numbers and other features serving as programme identifiers may not be removed or changed under any circumstances.
Support, service times, error classes
fileee provides the customer with support for technical questions and error messages. These support services as well as service times and error classes result from the selected fileee Conversations package and are defined in the fileee Conversations service description.
fileee is entitled to charge for expenses that exceed the defined support services (service description fileee Conversations). The hourly rate for such services is 150€/hour.
At the request of the customer and upon corresponding agreement, fileee will provide additional services for the customer such as extended user support, configuration support, extended monitoring of servers and software, patching of software, data recovery services (restoring of data backups) as well as the analysis and correction of errors that are caused in the customer's IT environment and not in the fileee platform itself. These services are provided by fileee for an additional fee based on the time and effort involved.
A third party company commissioned by the customer can make use of extended support services. This company does not have to be a customer itself. The use of chargeable support services must be notified to the customer and approved by the customer, insofar as these are identifiable in advance.
The following examples describe excerpts of requirements that fall within the scope of Managed Services:
The customer warrants that the data provided by him to fileee is correct and complete. The customer undertakes to inform fileee immediately of any changes to the data provided and, upon request by fileee, to reconfirm the current accuracy within 15 days of receipt. This applies in particular to the name and postal address, e-mail address and telephone number of the customer (including any necessary contact person). For the duration of the contractual relationship, the customer shall permanently appoint a person authorised to make legal declarations, including a deputy. Likewise, a technically competent contact person and deputy shall be appointed at all times for the duration of the contractual relationship.
The customer is responsible for creating the conditions for exchanging data with fileee using a suitable end device. In particular, he will regularly download the updates updated by fileee to his end devices used for communication (e.g. computer, tablet, smartphone), as otherwise the agreed services cannot be used or can only be used to a limited extent via these devices. The customer is obliged to transmit data exclusively using and recognising the standards adopted in accordance with the TCP/IP Internet protocol. He may only use the interfaces recognised as standard or specified by fileee.
The customer shall be responsible for establishing a data connection between the workstations intended for use by the customer and the data transfer point defined by fileee. fileee is entitled to redefine the data transfer point if this is necessary to enable the customer to use the services smoothly. In this case, the customer will establish a connection to the newly defined transfer point.
The customer shall support fileee to the best of its ability in the search for the cause of an error and, if necessary, encourage its employees to cooperate with those authorised by fileee; this includes, in particular, the sending of the error message by e-mail or, if agreed, the use of a ticket system including a detailed description of the error, a description of the circumstances under which the error can be provoked, as well as the attachment of the fileee log files and screenshots. In addition, fileee can provide the customer with a test system that largely corresponds to the productive system. The aim of the test system is to be able to reproduce and identify an error quickly together without disturbing the productive system, which is ensured by faster update cycles and extended reporting options. Updates to the test system are specified and installed by fileee.
The customer undertakes not to store any unlawful content that violates the law, official requirements or the rights of third parties on the storage space made available to him. He will ensure that the Internet address chosen by him, under which the content can be accessed via the Internet, also does not violate laws, official requirements or the rights of third parties. When using fileee Conversations, the customer is prohibited from using signs, in particular but not exclusively words, images or word/image combinations, which infringe registered trademarks or other protected company trademarks of third parties, from using designs, in particular but not exclusively images, which infringe registered designs or community designs or unregistered community designs of third parties, use designs that are pornographic, harmful to minors, glorify violence or are otherwise offensive, use designs that incite hatred, are anti-Semitic, xenophobic, homophobic or otherwise contemptuous of humanity, use designs that support terrorism or propaganda, use designs that are insulting, defamatory or otherwise disparaging, use designs that infringe personal rights, use designs that are anti-competitive. Furthermore, the customer shall ensure that programs, scripts, etc. installed by him do not endanger the operation of the server or the communication network of fileee or the security and integrity of other data stored on the servers of the Provider. If the customer violates this obligation, he is obligated to refrain from further violations, to compensate fileee for damages incurred and still to be incurred, and to indemnify and hold fileee harmless from claims for damages and reimbursement of expenses of third parties caused by the violation. The indemnification obligation also includes the obligation to fully indemnify fileee from legal defence costs (court and lawyer fees, etc.).
The customer is obliged to keep the access data provided to him secret from unauthorised third parties and to keep it safe from access by unauthorised third parties so that misuse of the data by third parties for access is impossible. The personal password shall be changed at regular intervals. Third parties who use the customer's Internet connection with the customer's knowledge and intention are not authorised to do so. If the customer violates this obligation, the customer is obligated to refrain from further violations, to compensate fileee for the damage incurred and still to be incurred, and to indemnify and hold fileee harmless from claims for damages and reimbursement of expenses by third parties caused by the violation. The indemnification obligation also includes the obligation to fully indemnify fileee from legal defence costs (court and lawyer fees, etc.).
In the event of an imminent or actual breach of the aforementioned obligations as well as in the event of the assertion of not obviously unfounded claims by third parties against fileee for the omission of the complete or partial presentation of the contents stored on the server via the Internet, fileee shall be entitled, also taking into account the legitimate interests of the customer, to temporarily discontinue the connection of these contents to the Internet in whole or in part with immediate effect or to block the customer's access altogether. fileee shall inform the customer of this measure without delay.
If programs, scripts or similar installed by the customer endanger or impair the operation of the server or the communication network of fileee or the security and integrity of other data stored on the servers of fileee, fileee may deactivate or uninstall these programs, scripts etc.. If the elimination of the threat or impairment so requires, fileee is also entitled to interrupt the connection of the contents stored on the server to the Internet. fileee shall inform the customer of this measure without delay.
If the customer does not fulfil his obligations to cooperate in accordance with the contract, fileee is not obliged to provide the service and may, after prior warning, declare the temporary cessation of the service or the termination of the contract without notice. fileee is not in default as long as the customer does not provide the services incumbent upon him.
During the term of the contract, the customer grants fileee the right to name him/her as a reference customer and to use the name as well as the logos for this purpose. The customer may object to this use in writing at any time.
Each client of the customer (end user) who wishes to use the fileee Platform to communicate with the customer must conclude their own (free) usage agreement for the fileee Platform with fileee. To this end, fileee will conclude contracts with the end users regarding the free use of fileee(fileee Consumer GTC for private users or fileee Business GTC for commercial use). fileee reserves the right to make changes to these Terms and Conditions of Use at any time; these changes can also be made without consultation with the client, as long as the provision of services between fileee and the client and the contractual use of fileee Conversations in the relationship between the client and the end users is not impaired. The current version of the fileee Consumer GTC is available online at www.fileee.com/agb and the fileee Business GTC at www.fileee.com/business-agb.
Notwithstanding the foregoing, the customer is entitled to conclude agreements with its customers who wish to use the fileee Platform to communicate with the customer, which legitimise the use of the fileee Platform in the relationship between the customer and its customers (e.g. in order to comply with formal requirements or releases from confidentiality obligations) or to provide information under data protection law to such customers.
The customer may not transfer the services provided by fileee to third parties for sole or commercial use. However, individual fileee Conversations packages may permit the transfer of services to third parties. In these cases, the customer must ensure that all parts of the contract, in particular the fileee Conversations GTC, also apply to third parties.
The contents stored by the customer on the storage space designated for him may be protected by copyright and data protection laws. The customer grants fileee the right to make the contents stored by him on the server accessible in case of queries via the Internet, in particular to reproduce and transmit them for this purpose as well as to be able to reproduce them for the purpose of data backup. In order to eliminate malfunctions, fileee is also entitled to make changes to the structure of the data or the data format. The customer is responsible for verifying whether the use of personal data by the customer complies with data protection requirements.
The customer grants fileee the right to use the customer's word, word/picture and/or picture marks in order to customise the fileee platform for the customer's customers. For this purpose, the customer grants fileee in particular the necessary licensing rights to the customer's trademarks. These rights shall be exercised by fileee in accordance with the guidelines specified by the customer. Their transfer is limited to the term of the contract. The rights are granted without remuneration.
The remuneration for the services provided by fileee is based on the selected fileee Conversations package (see §3.2)
. If and to the extent that the customer wishes to make use of service components that additionally provide for a direct contract conclusion with third-party providers, the remuneration in this respect is exclusively based on the agreement of the customer with the respective third-party provider.
The obligation to pay remuneration shall commence as of the conclusion of the contract.
The remuneration is exclusive of the applicable statutory value-added tax.
The customer's obligation to pay the fees for services that fileee has provided within the scope of the contract for the use of fileee Conversations does not exist insofar as the customer proves that the use is not attributable to him. In the event of a block, the customer is still obliged to pay the fees. Unblocking of the respective service is a managed service which is charged according to time and effort and the current price list.
The client must raise objections to the billing of the services rendered in writing to the office indicated on the invoice within eight weeks after receipt of the invoice. After expiry of the aforementioned period, the invoice shall be deemed to have been approved by the client. fileee shall specifically draw the client's attention to the significance of his conduct when sending the invoice.
fileee shall adjust the fees to be paid on the basis of this contract at its reasonable discretion to the development of the costs that are decisive for the price calculation. A price increase shall be considered and a price reduction shall be made if, for example, the costs for the procurement of hardware and software as well as energy, the use of communication networks or the labour costs increase or decrease or other changes in the economic or legal framework conditions lead to a changed cost situation. Increases in one type of cost, e.g. labour costs, may only be used for a price increase to the extent that they are not compensated by possible decreases in other areas, e.g. in the costs for hardware and software. In the event of cost reductions, e.g. in hardware costs, fileee will reduce prices to the extent that these cost reductions are not fully or partially offset by increases in other areas. When exercising its reasonable discretion, fileee will choose the respective times of a price change in such a way that cost reductions are not taken into account according to standards that are less favourable for the customer than cost increases, i.e. cost reductions will have at least the same effect on the price as cost increases. fileee will inform the customer about changes in the price list in text form at least six weeks before the changes come into effect.
If fileee provides the services according to § 4 in a defective manner, the customer is entitled to demand subsequent performance. If subsequent performance is not possible because, for example, the service cannot be made up for or if the subsequent performance fails, the customer is entitled to demand compensation for damages or reimbursement of its futile expenses as well as to reduce the remuneration and, if the customer cannot reasonably be expected to continue the contractual relationship until the expiry of the notice period, taking into account all circumstances of the individual case and weighing up the interests of both parties, to terminate the contractual relationship for good cause without observing a notice period.
If the contractual use of the services is suspended according to § 4, the customer shall be released from the payment of the fee for the impaired service for the time during which the use is suspended. Termination by the client pursuant to § 543 para. 2 sentence 1 no. 1 BGB (German Civil Code) due to non-provision of use in accordance with the contract is only permissible if fileee has been given sufficient opportunity to remedy the defect and this has failed. The rectification of defects shall only be deemed to have failed if it is impossible, if fileee refuses to rectify the defect or if it is unreasonably delayed, if there are justified doubts regarding the prospects of success or if it is unreasonable for the customer for other reasons. The customer is not entitled to remedy defects himself and to demand reimbursement of the expenses required for this. Claims for reimbursement of expenses shall expire at the latest six months after termination of the contract.
Defects will be rectified free of charge. Defects and errors that occur are to be reported to fileee in a comprehensible manner in written or electronic form immediately after their discovery.
For defects that were already present when the services were provided to the customer, fileee is only liable if it is responsible for these defects.
The provider's liability for damages resulting from the use of telecommunications services for the public is governed by the provisions of the Telecommunications Act.
fileee shall be liable for intent and gross negligence in accordance with the statutory provisions. In the event of slight negligence, fileee shall only be liable in the event of a breach of an essential contractual obligation, the fulfilment of which is a prerequisite for the proper execution of the contract and on the observance of which the customer may regularly rely, as well as in the event of damages resulting from injury to life, body or health. fileee shall only be liable for foreseeable damages, the occurrence of which must typically be expected, and only up to the amount individually agreed with the customer.
fileee is not liable for the loss of data and/or programs insofar as the damage is due to the fact that the customer has failed to perform data backups and thereby ensure that lost data can be restored with reasonable effort.
The compatibility of fileee Conversations with existing hardware and software configurations of the customer is only guaranteed for the system explicitly mentioned in the fileee Conversations service description. fileee does not assume any liability for the compatibility of fileee Conversations with other hardware or software configurations of the customer that were changed by the customer after the order. Likewise, no liability is guaranteed for the compatibility of systems that may be put into operation by other suppliers at the same time as fileee's performance at the customer's premises. Deviations are to be agreed separately. If the customer changes the system environment (system environment defined as hardware, operating software or programs required for the proper functioning of fileee Conversations) after installation or acceptance without the consent of fileee, the customer bears the burden of proof that the damage was not caused by the change.
The liability of fileee is excluded in cases of force majeure. Force majeure within the meaning of this provision are all events that were not foreseeable at the time of the conclusion of the contract, which are beyond the control of the contractual partners and whose effects on the performance of the contract cannot be prevented by reasonable efforts of the contractual partners. These include in particular natural disasters, severe storms, lightning, fire, intervention by higher authorities, riots, war, civil war, embargoes, sabotage, explosion, interruptions or failures of the energy or water supply as well as strikes, lock-outs and other industrial action at the contracting parties or at suppliers or other vicarious agents. Culpable breaches of contract by subcontractors shall not be deemed to be force majeure. The contracting parties shall immediately inform each other in writing of the occurrence of a case of force majeure, in particular stating the reason and the probable effects (delays, impossibility of performance). The other contracting party shall be informed immediately of any change in the situation, in particular whether and when the delay can be expected to end.
The usability of the free fileee Conversations Package (§1.2) is concluded for an indefinite period of time. The customer may terminate the use of these functionalities at any time by making a corresponding declaration to fileee.
If "additional functions" (§1.3) are activated, the following applies: The contract for the use of the respective "additional function" is concluded for an indefinite period of time. Each party has the right to terminate the contract by declaration in text form (e-mail or other electronic declaration, also directly within the fileee applications) at the end of a calendar month. Fees paid in advance will not be refunded in the event of termination by the client.
The right to terminate for good cause remains unaffected. An important reason for fileee exists in particular if the customer.
is in arrears with the payment of the agreed remuneration for two consecutive dates, or the client is in arrears with the payment of the remuneration in a period extending over more than two dates in an amount corresponding to the remuneration for two months.
insolvency proceedings are opened against the customer's assets or the opening of such proceedings is rejected for lack of assets or the customer enters into out-of-court settlement negotiations with its creditors in order to avert insolvency proceedings.
culpably breaches an essential contractual obligation and fails to remedy this breach within the reasonable period specified in the warning despite a warning.
Upon request of the customer, fileee shall immediately hand over a copy of the data stored by the customer on the storage space allocated to the customer at any time, at the latest, however, upon termination of the contractual relationship or, in the absence of such a request for handover, delete the data without such a handover. This shall be done in accordance with the fileee Conversations service description.
fileee is not entitled to a right of retention or the statutory landlord's lien (§ 562 BGB) with regard to the customer's data.
fileee points out that the storage of personal data in the "System" constitutes an act of commissioned data processing within the meaning of Article 28 DSGVO as well as Section 62 BDSG. fileee offers the Customer to conclude a corresponding agreement on commissioned data processing. In view of the customer's responsibility for the lawful handling of personal data entrusted to it, fileee strongly recommends the conclusion of this agreement.
The assignment of claims is only permitted with the prior written consent of the other party. The consent may not be unreasonably withheld. The provision of § 354a HGB remains unaffected.
A right of retention can only be asserted due to counterclaims from the respective contractual relationship. The parties may only offset claims that have been legally established or are undisputed.
All amendments and additions to contractual agreements must be made in writing, unless this contract provides for text form.
Should individual provisions of this contract be or become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The same applies to any loopholes in the agreements.
The law of the Federal Republic of Germany shall apply.
The place of jurisdiction is Frankfurt a.M.
Münster, 30 March 2020
30 March 2020: Conversations AGB