General terms and conditions, data processing agreement and consumer information of KOLMUKO Softwareentwicklung Thomas Müller & Sandro Könnecke GbR
I.General terms and conditions
II.Data processing agreement
IV.Right of withdrawal for consumers
I.General terms and conditions
1.Validity of the General Terms and Conditions and Amendment
1.1.The following General Terms and Conditions (GTC) apply to all contracts between KOLMUKO Softwareentwicklung Thomas Müller & Sandro Könnecke GbR, Aurelienstraße 60, 04177 Leipzig (hereinafter referred to as "KOLMUKO") and the customers regarding the Timeslider software (hereinafter referred to as "Software").
1.2.Deviating general terms and conditions of the customer are not recognized unless KOLMUKO expressly agrees to their validity.
1.3.Amendments to these GTC or subsequent agreements shall be notified to the customer by KOLMUKO in text form by e-mail in detail prior to their coming into effect and shall come into effect one month after such notification, unless a later date is expressly specified. The amendments shall be deemed to have been approved by the customer unless the customer objects to the amendments to the GTC in writing or in text form by e-mail within one month of receipt of the notification of amendment. KOLMUKO will inform the customer of his right of objection and the associated legal consequences in the notification of change.
2.Subject matter of the contract
2.1.The subject matter of the contracts is the provision of the software for a limited period of time combined with the granting of rights of use thereto.
2.2.Depending on the package selected by the Customer ("Free", "Premium" or "Enterprise"), the Software shall be provided free of charge or against payment or as a web application or as a download for installation of the Software on the Customer's system.
2.3.Installation instructions and a user manual are not part of the contract.
2.4.In the "Free" package the number of possible users of the Software is limited to three persons and in the "Premium" package to 50 persons.
3.Registration, conclusion of the contract
3.1.Without the registration of the customer the software can be tested only in the demo version.
3.2.The conclusion of a contract with KOLMUKO requires the registration of the customer and the related creation of a free account on the website of KOLMUKO. After the creation of the account the customer can use the software with the package "Free". In this case the customer does not incur any costs.
3.3.If the customer wishes to book the "Premium" package, which is subject to a charge, he clicks on the "Continue" button visible below. On the next page, the Customer shall specify the number of users, which may be between four and 50, by pressing the slider. At the same time, the customer is shown the monthly costs based on the number of users. By clicking the "Next" button, the customer is taken to the next page, where the customer has to enter the payment data. By pressing the button "buy bindingly" the contract with KOLMUKO is concluded. Before that, the customer can use the back functions of his browser to get to the previous pages of the order process and make changes.
3.4.The package "Enterprise" cannot be purchased via the website, but must be requested by e-mail. After agreeing on the details, the customer receives a binding offer from KULMUKO in text form (e.g. by e-mail), which the customer can accept within one week, unless otherwise stated in the offer.
4.Granting of rights
KOLMUKO grants customers - in the case of paid packages subject to a condition precedent as of the date of the remuneration due for the respective minimum contract term - the non-exclusive, non-transferable and non-sublicensable right, limited in time to the contract term and in location to the territory of the Federal Republic of Germany, to use the software to the extent granted in the contract.
5.Duration of the Contract, Termination
5.1.The duration of contracts with the "Free" package is unlimited. The contracts may be terminated by the customer at any time and by KOLMUKO with a notice period of two weeks.
5.2.VContracts with the package "Premium" are concluded for a term of one month. Thereafter, the contract term shall be automatically extended by a further month in each case, unless the contract is terminated by one of the parties at the respective end of the contract term with a notice period of two weeks.
5.3.The minimum contract term as well as the notice period for contracts with the "Enterprise" package shall be based on the respective individual agreement.
5.4.The right to extraordinary termination for good cause shall remain unaffected.
5.5.Any termination must be in text form (e.g., e-mail) to be effective.
6.Right of cancellation
If the customer is a consumer in the sense of § 13 BGB (i.e. any natural person who enters into a legal transaction for purposes which are predominantly neither commercial nor self-employed), he shall be entitled to a right of revocation in accordance with the statutory provisions. The right of withdrawal shall be governed by the provisions set out in detail under the "Right of withdrawal" button.
7.Maintenance, Warranty, Availability
7.1.KULMUKO is obliged to maintain the contractually agreed condition of the software during the term of the contract. The contractually owed condition of the software is determined in accordance with the contract. In order to fulfill the obligation to maintain, KULMUKO shall carry out the maintenance and servicing measures required according to the state of the art. KULMUKO is only obliged to modify or adapt the Software if such modification or adaptation is necessary for the maintenance of the Software according to the state of the art. Apart from that, KULMUKO is only obliged to change, adapt and further develop the software if the parties agree on this separately.
7.2.The statutory warranty rights shall apply.
7.3.Should the customer discover defects in the software, the customer shall immediately report these to KOLMUKO at the following contact details: firstname.lastname@example.org
7.4.KOLMUKO is obliged to remedy the notified defects in the Software within a reasonable period of time.
7.5.KOLMUKO grants an overall availability of the Software of at least 99.5% per month at the delivery point. The handover point is the router exit of the data center of the provider of KOLMUKO. Availability means the possibility of the customer to use all main functions of the software. Maintenance times as well as times of malfunction under observance of the remedial time are considered as times of availability of the software. Times of insignificant malfunctions are not considered in the calculation of availability.
8.1.KOLMUKO is liable without limitation
8.1.1.in case of malice, intent or gross negligence;
8.1.2.within the scope of a guarantee expressly assumed by it;
8.1.3.for damages resulting from injury to life, body or health;
8.1.4.for the breach of a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of this Agreement and on the observance of which the Customer regularly relies and may rely ("Cardinal Obligation"), but limited to the damage reasonably to be expected at the time of the conclusion of the Agreement;
8.1.5.in accordance with the provisions of the Product Liability Act.
8.2.The above liability rules apply accordingly to the conduct of and claims against employees, legal representatives and vicarious agents of KOLMUKO.
9.1.In the event that the DSGVO applies and the customer acts as a responsible party within the meaning of Art. 4 No. 7 DSGVO, KOLMUKO shall act as a processor within the meaning of Art. 4 No. 8 DSGVO for the customer as a responsible party within the meaning of Art. 4 No. 7 DSGVO.
9.2.For the legitimation of KOLMUKO's involvement under data protection law, the Parties shall conclude the order processing agreement listed under Section II (Art. 28 para. 3 DSGVO).
10.Choice of law, place of jurisdiction, severability clause
10.1.The law of the Federal Republic of Germany shall apply to all contracts between KOLMUKO and the customers to the exclusion of international uniform law. The statutory provisions on the restriction of the choice of law and on the applicability of mandatory provisions, in particular of the state in which the customer has his habitual residence as a consumer, shall remain unaffected.
10.2.If the customer is a merchant within the meaning of the German Commercial Law, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction - including international jurisdiction - for all disputes arising directly or indirectly from the contractual relationship shall be the registered office of KOLMUKO. The same applies if the customer is an entrepreneur according to § 14 BGB. However, KOLMUKO is also entitled in all cases to bring an action at the place of performance of the obligation to perform or at the general place of jurisdiction of the customer. Overriding statutory provisions, in particular regarding exclusive jurisdiction, shall remain unaffected.
10.3.Should individual provisions of the General Terms and Conditions and the following agreements be invalid, this shall not affect the validity of the remaining provisions. The parties shall endeavor to replace the invalid provision with a valid provision that comes as close as possible to the economic meaning of the invalid provision.
II.Data processing agreement
1.Subject matter, duration and place of processing
1.1.The following provisions shall only apply if KOLMUKO acts as a processor within the meaning of Art. 4 No. 8 DSGVO for the Customer as a controller within the meaning of Art. 4 No. 7 DSGVO (cf. Section 9 of the General Terms and Conditions).
1.2.This supplementary agreement specifies the data protection obligations of the parties arising from the conclusion of the contract for commissioned data processing. It serves as a supplement to the above terms and conditions between KOLMUKO as the contractor (processor) and the customer as the client (responsible party).
1.3.The order includes the use of the software and the functions provided in this time recording software by the Customer. In doing so, KOLMUKO processes personal data for the customer within the meaning of Art. 4 No. 2, 28 DSGVO on the basis of this agreement.
1.4.The agreement is concluded for the duration of the term of the contract.
1.5.The contractually agreed service shall be provided exclusively in a member state of the European Union or in another contracting state of the Agreement on the European Economic Area. Any relocation of the service to a third country shall require the prior consent of the Customer and may only take place if the special requirements of Art. 44 et seq. DSGVO are fulfilled.
2.Type and purpose of processing, type of personal data and categories of data subjects
2.1.KOLMUKO processes the data collected by the customer within the organization for the purpose of storing, archiving and evaluating recorded times of an organization.
2.2.The following types of data are regularly the subject of processing: master data of the user as well as the user's time records with description of activity
2.3.The category of persons concerned by the data processing are the employees, members and other project partners of the Customer
3.Rights and obligations as well as authority to issue instructions of the Customer
3.1.The Customer shall be solely responsible for assessing the permissibility of the Processing pursuant to Art. 6 (1) DSGVO and for safeguarding the rights of the Data Subjects pursuant to Art. 12 to 22 DSGVO. Nevertheless, KOLMUKO is obliged to immediately forward all such inquiries to the customer, provided that they are recognizably directed exclusively to the customer.
3.2.As a rule, the customer shall issue all orders, partial orders and instructions in writing or in a documented electronic format. Verbal instructions shall be confirmed immediately in writing or in a documented electronic format.
3.3.The customer is entitled to satisfy himself in an appropriate manner before the start of the processing and thereafter regularly of the compliance with the technical and organizational measures taken at KOLMUKO as well as the obligations stipulated in this agreement.
3.4.The customer shall inform KOLMUKO without undue delay if he discovers errors or irregularities in the examination of the order results.
3.5.The customer is obliged to treat confidentially all knowledge of business secrets and data security measures of KOLMUKO obtained within the scope of the contractual relationship. This obligation shall remain in force even after termination of this agreement.
4.Rights and obligations of KOLMUKO
4.1.KOLMUKO shall process personal data exclusively within the framework of the agreements made and in accordance with the instructions of the Customer, unless KOLMUKO is required to do so by the law of the Union or the Member States to which the Processor is subject (e.g. investigations by law enforcement or state protection authorities); in such a case, KOLMUKO shall notify Customer as Controller of such legal requirements prior to the Processing, unless the relevant law prohibits such notification due to an important public interest (Article 28 (3) sentence 2 lit. a DSGVO).
4.2.KOLMUKO does not use the personal data provided for processing for any other purposes, in particular not for its own purposes. Copies or duplicates of the personal data will not be made without the knowledge of the customer.
4.3.KOLMUKO assures in the area of the processing of personal data in accordance with the order that all agreed measures will be carried out in accordance with the contract. KOLMUKO assures that the data processed for the customer are strictly separated from other data stocks.
4.4.KOLMUKO shall cooperate to the necessary extent in the fulfillment of the rights of the data subjects according to Art. 12 to 22 DSGVO by the customer, in the creation of the directories of processing activities as well as in any necessary data protection impact assessments of the customer and shall support the customer appropriately as far as possible (Art. 28 para. 3 sentence 2 lit. e and f DSGVO). KOLMUKO shall forward the information required for this purpose to the customer without delay in each case.
4.5.KOLMUKO shall inform the customer without delay if, in the opinion of KOLMUKO, an instruction given by the customer violates statutory provisions (Art. 28 para. 3 p. 3 DSGVO). KOLMUKO shall be entitled to suspend the execution of the corresponding instruction until it is confirmed or changed by the customer after review.
4.6.KOLMUKO shall correct, delete or restrict the processing of personal data from the contractual relationship if the customer requests this by means of an instruction and legitimate interests of KOLMUKO do not conflict with this.
4.7.KOLMUKO may only provide information about personal data from the contractual relationship to third parties or the person concerned after prior instruction or consent by the customer.
4.8.KOLMUKO agrees that the customer is entitled, by appointment, to monitor compliance with the regulations on data protection and data security as well as the contractual agreements to a reasonable and necessary extent itself or by third parties commissioned by the customer, in particular by obtaining information and inspecting the stored data and the data processing programs as well as by on-site reviews and inspections (Art. 28 para. 3 sentence 2 lit. h DSGVO). KOLMUKO assures that it will assist in these inspections to the extent necessary.
4.9.KOLMUKO confirms that KOLMUKO is aware of the data protection regulations of the DSGVO relevant for the commissioned processing. KOLMUKO undertakes to maintain confidentiality in the processing of the customer's personal data in accordance with the order. This shall continue to exist after termination of the contract.
4.10.KOLMUKO assures that KOLMUKO will familiarize the employees employed in the performance of the work with the provisions of data protection applicable to them prior to commencement of the activity and will oblige them to maintain confidentiality in an appropriate manner for the period of their activity as well as after termination of the employment relationship (Art. 28 para. 3 sentence 2 lit. b and Art. 29 DSGVO). KOLMUKO shall monitor compliance with the data protection regulations in the company.
4.11.KOLMUKO shall notify the customer without undue delay of any disruptions, violations by KOLMUKO or the persons employed by KOLMUKO as well as of any violations of data protection regulations or the stipulations made in the order as well as of any suspected data protection violations or irregularities in the processing of personal data. This applies in particular also with regard to possible reporting and notification obligations of the customer according to Art. 33 and Art. 34 DSGVO. KOLMUKO assures to adequately support the customer, if necessary, in his obligations according to Art. 33 and 34 DSGVO (Art. 28 para. 3 p. 2 lit. f DSGVO). Notifications according to Art. 33 or 34 DSGVO for the customer may only be carried out by KOLMUKO after prior instruction according to clause 3 of this agreement.
4.12.A company data protection officer has not been appointed at KOLMUKO, as the legal necessity for an appointment does not exist.
5.1.The customer grants KOLMUKO the general permission to use further processors in the sense of Art. 28 DSGVO for the performance of the contract.
5.2.If KOLMUKO places orders with further order processors, it is incumbent on KOLMUKO to transfer its obligations under data protection law from this contract to the further order processor.
5.3.Further Processors are only those subcontractors who provide services which are directly related to the provision of the main service. This does not include such ancillary services that relate to telecommunications services, printing, postal and transport services, maintenance and care, waste disposal.
5.4.KOLMUKO has contracted the following subcontractor for the operation of servers: Hetzner Online GmbH, Industriestr. 25, 91710 Gunzenhausen/Germany. An order data processing agreement has also been concluded with this subcontractor. This will be made available to the customer upon request.
5.5.KOLMUKO is liable to the customer that the subcontractor complies with the data protection obligations that were contractually imposed on him by KOLMUKO.
6.Technical and organizational measures
6.1.A level of protection appropriate to the risk to the rights and freedoms of the natural persons concerned by the processing is ensured for the specific commissioned processing. To this end, the protection objectives of Article 32 (1) of the GDPR, such as confidentiality, integrity and availability of the systems and services as well as their resilience in relation to the type, scope, circumstances and purpose of the processing operations are taken into account in such a way that the risk is permanently contained by means of appropriate technical and organizational remedial measures.
6.2.The concrete technical and organizational measures taken as well as on the procedure for regular review, assessment and evaluation shall be provided to the Customer upon request.
6.3.KOLMUKO shall carry out a review, assessment and evaluation of the effectiveness of the technical and organizational measures to ensure the security of the processing when there is a given reason, but at least annually (Art. 32 para. 1 lit. d DSGVO).
6.4.Decisions regarding the organization of the data processing and the applied procedures that are significant for the security shall be coordinated between KOLMUKO and the customer.
6.5.If the measures taken at KOLMUKO do not meet the requirements of the customer, KOLMUKO shall notify the customer without delay.
6.6.The measures at KOLMUKO may be adapted to the technical and organizational further development in the course of the contractual relationship, but may not fall below the agreed standards.
6.7.KOLMUKO must coordinate essential changes with the customer in a documented form (in writing, electronically). Such coordination shall be kept for the duration of this agreement.
7.Obligations of KOLMUKO after termination of the order
7.1.After completion of the contractual work in compliance with the legal retention periods KOLMUKO has to delete or destroy all data, documents and created processing or utilization results in its possession as well as to subcontractors, which are related to the contractual relationship, in compliance with data protection laws.
7.1.The deletion or destruction shall be confirmed to the customer with date in writing or in a documented electronic format, if the customer expressly requests this.
1.Identity of the provider
Thomas Müller & Sandro Könnecke GbR
04177 Leipzig (Germany)
Phone: +49 (0) 160/91 93 70 76
2.Alternative dispute resolution
The EU Commission provides an Internet platform for online dispute resolution (OS platform) for consumers, which can be accessed at https://ec.europa.eu/odr. We are neither willing nor obliged to participate in a dispute resolution procedure before a consumer arbitration board.
3.Information on the conclusion of the contract
The technical steps for the conclusion of the contract and the correction options are carried out in accordance with section 3. of the General Terms and Conditions (Part I).
4.Contract language and contract text storage
4.1.The following languages are available to the customer for the conclusion of the contract: German.
4.2.KOLMUKO stores the contract text of the contract concluded with the customer. In addition, the customer receives the contractual provisions with the details of the concluded contract including these regulations by e-mail.
5.Information on the conclusion of the contract
The essential features of the services of KOLMUKO result from the respective package description.
6.Remuneration and payment modalities
6.1.The amount of the remuneration results from the respective package description.
6.2.All "prices" shown represent total prices. They include all price components including all applicable taxes. Shipping costs do not apply.
6.3.The payment methods available to the customer are shown under the correspondingly designated button on the website.
6.4.The payment claims arising from the concluded contract are due for payment immediately, unless otherwise specified in the individual payment methods.
IV.Right of withdrawal for consumers
You have the right to cancel this contract within 14 days without giving any reason. The revocation period is 14 days from the day of the conclusion of the contract. In order to exercise your right of withdrawal, you must inform us: Thomas Müller & Sandro Könnecke GbR, Aurelienstraße 60, 04177 Leipzig, phone: +49 (0) 160/91 93 70 76, e-mail: email@example.com by means of a clear declaration (e.g. a letter sent by post, e-mail) of your decision to withdraw from this contract. You can use the attached model withdrawal form, which is not mandatory.
To comply with the withdrawal period, it is sufficient that you send the notification of the exercise of your right of withdrawal before the expiry of the withdrawal period.
Consequences of the revocation
If you revoke this contract, we shall reimburse you all payments we have received from you, including delivery costs (with the exception of additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without undue delay and at the latest within 14 days from the day on which we received the notification of your revocation of this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged any fees because of this repayment.
The right of withdrawal shall expire in the case of a contract for the delivery of digital content that is not on a physical data carrier if the entrepreneur has begun to execute the contract after the consumer has
1. has expressly agreed that the Entrepreneur shall commence performance of the contract before the expiry of the withdrawal period, and
2. has confirmed his knowledge that by his consent he loses his right of withdrawal with the start of the execution of the contract.
Template withdrawal form