General Terms and Conditions

Note

Scope of application

General Terms and Conditions

Contractual conditions for products and services

I. General Terms and Conditions of ec elements GmbH (hereinafter referred to as "ec elements")

1. Scope of application, subject matter of the contract

1.1 These GTC apply to all contracts that a customer concludes with ec elements (e.g. via the websites www.ec-elements.com, support.ec-elements.com or through a written order). The GTC also apply to contracts to be concluded between the parties in the future, even if the parties do not expressly include them again.

1.2 The services under this contract are aimed exclusively at entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), i.e. natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, are acting in the exercise of their commercial or independent professional activity and to legal entities under public law or special funds under public law.

1.3 These GTC govern the provision of services by ec elements and the cooperation between the parties. The GTC are supplemented by additional conditions as well as concretizing service certificates for the service modules selected by the customer. The content of the contractual relationship and the subject matter of the services provided by ec elements shall be governed first by the specifying service certificate, then by the special additional conditions and secondly by these GTC.

1.4 General terms and conditions, deviating contractual conditions or stipulations in orders or letters from the customer shall not apply. These are expressly contradicted by ec elements. Verbal agreements shall only become effective if they are confirmed at least by e-mail.

2. Conclusion of contract, user account

2.1 A contract for the use of ec elements services is concluded by the exchange of offer and acceptance in text form, for example by post, fax or e-mail or via the ec elements website. The conclusion of a contract via the website requires registration as a user (section 2.2). The contract is concluded when the customer completes his order after going through the ordering process by clicking the button "Order with obligation to pay" and ec elements then expressly accepts the order or begins with the execution of the ordered service.

2.2 The customer receives access to the ec-elements support portal at support.ec-elements.com via the user account. In the support portal, the customer has the possibility to manage the services ordered by him (e.g. to book or cancel additional services) and to make specific settings to the services ordered by him (e.g. to change passwords of e-mail accounts and FTP accesses, to make DNS settings). When setting up the user account, the customer must confirm that he is using the services of ec elements in the exercise of his business activity. If necessary, the customer will provide suitable proof of his entrepreneurial status, e.g. copy of the trade license, entry in the commercial register, at the request of ec elements. If the customer is not an entrepreneur within the meaning of § 14 BGB (German Civil Code) and cannot provide such proof, ec elements will refuse to conclude the contract.

3. Obligations of the customer

3.1 The customer must promote the execution of the contract through active and appropriate cooperation. In particular, the customer has the obligations listed in this section. If the performance of a specific service is delayed due to a lack of cooperation on the part of the customer, the performance period shall be extended accordingly.

3.2 The customer is obliged to provide the data required for the performance of the contractual services in his user account truthfully and completely and to keep it up to date at all times. Personal access data and/or user authorizations assigned to the customer or its employees must be kept secret and protected from access by third parties. This data must be protected by suitable measures that meet current requirements, for example by regularly changing passwords. The customer shall inform ec elements immediately if there is a suspicion that the access data or passwords may have become known to unauthorized persons. This does not affect the customer's obligation to take suitable measures to avert possible dangers in such a case, such as the immediate change of access data that has become known.

3.3 The customer shall provide ec elements with all information, data and documents required for the provision of the services in good time. In the case of more complex projects (e.g. creation of individual software), the customer shall name a technically competent contact person at the request of ec elements. This contact person is responsible for any necessary internal coordination of the project with the customer and provides the necessary information and documents in a usable form. The contact person is authorized to make decisions for the customer with regard to the project and to make or receive binding declarations of intent.

3.4 The use of ec elements' services requires the fulfillment of technical prerequisites on the part of the customer, such as the provision of certain hardware and software or a telecommunications connection. The technical requirements to be fulfilled by the customer can be listed in the service modules or the concretizing service certificates. ec elements is not responsible for the quality of the required hardware and software on the part of the customer or the telecommunications connection between the customer and ec elements up to the transfer point.

3.5 The customer shall always report faults in text form. A verbal report is permissible if the customer makes the report in text form within two working days at the latest.

3.6 The customer must regularly and independently back up the data used in the course of using the services of ec elements by downloading and creating backup copies. Any obligation of ec elements to back up data according to clause 5.2 remains unaffected.

3.7 The customer shall refrain from measures that could endanger the IT security and stability of ec elements' systems, in particular the customer shall not retrieve any information or data without authorization, interfere with programs operated by ec elements or penetrate ec elements' data networks without authorization or promote such penetration or artificially generate system load, unless these actions correspond to the intended use of the contractual services.

3.8 When using the services (e.g. placing articles in online stores, designing and sending e-mails, operating websites) of ec elements, the customer shall observe the general laws and the rights of third parties, in particular he shall,

• Observe information obligations (e.g. imprint obligation),
• observe the regulations of data protection and, if the customer collects, processes or uses personal data in the context of using the services of ec elements, ensure the admissibility under data protection law, for example by obtaining declarations of consent,
• observe the rights of third parties (in particular copyrights and trademark rights, personal rights, competition law) when using materials (e.g. texts, images, designs, data),
• neither store nor transmit illegal or immoral content or links to such content. This includes information that serves to incite hatred, encourages criminal acts, glorifies violence or is sexually offensive.

3.9 The customer grants ec elements all necessary rights to store and modify the customer's content within the scope of the purpose of the contract and to make it publicly accessible via the services selected by the customer. This includes the authorization to create backup copies within the scope of data backup, also for ec elements' own backup purposes.

4. Availability

4.1. ec elements guarantees an annual average availability of 99.5% for services provided via the internet (e.g. software as a service) in its area of responsibility. Availability is given if the contractual services can be accessed on the server used by ec elements for the service. If the customer requires a higher availability, this must be agreed separately.

4.2. ec elements is entitled to carry out care and maintenance work on the systems used for customers and to discontinue or limit the provision of services for this reason (scheduled downtime). ec elements will inform the customer of this. If it is foreseeable for ec elements that the scheduled downtime will exceed one hour, ec elements will inform the customer by e-mail at least one week before the start of the respective work. If possible, ec elements will carry out care and maintenance work during periods of generally low usage. This does not affect the right of ec elements to take suitable measures at any time, even without prior notice, to prevent concrete threats to the security and integrity of the systems. Before calculating the availability, restrictions on availability due to such security measures and/or scheduled downtimes must be deducted. However, the scheduled downtimes may not exceed a total duration of 3 hours per month.

5. General principles of service provision, service changes

5.1 Services are generally provided by ec elements at the registered office of ec elements. Furthermore, ec elements is free to decide from which data center within the European Union hosting services are provided, unless a specific location for servers used by the customer is the subject of the service. In these cases, the customer is responsible for ensuring that the selection of the server location enables legally compliant use of the services, in particular in compliance with data protection regulations.

5.2 Server locations are always designated by a known location in whose metropolitan area the data center used is located. The server location New York City means, for example, that the data center can be located in the city of New York or its surroundings, the New York Metropolitan Area. ec elements is free to choose a suitable data center in the metropolitan area around an agreed location.

5.3. ec elements carries out a daily data backup. The backed-up data is archived for a period of 14 days and then deleted.

5.4. ec elements is entitled to expand or improve its services at any time, in particular to adapt them to technical progress or changed legal requirements. ec elements will notify the customer of significant changes to its services in good time in advance. The customer is entitled to object to a change within one month of receipt of the notification of the change request; otherwise his consent to the change is deemed to have been given. ec elements will point out the effect of a failure to object in the announcement.

6. Sending electronic messages

6.1 If ec elements enables the customer to send electronic messages to third parties (e.g. e-mails, internal messaging system), the customer may use the messaging system exclusively for the contractually agreed purposes, e.g. to process the legal transactions to be carried out via his store, such as sending order confirmations and contract confirmations. The sending of general advertising messages (newsletters etc.) is only permitted by separate agreement under the special conditions for Mailscale.

6.2 The customer is responsible for compliance with the relevant legal requirements for sending messages, in particular compliance with the statutory information obligations and competition law requirements. Furthermore, the customer may neither use false sender details nor disguise the identity of the sender in any other way.

6.3 It is not permitted to send messages that have not been checked for malware or to send commercial communications without consent or legal permission.

6.4. ec elements is entitled to technically check and filter electronic messages on its own systems to ensure that they do not threaten to impair the system (malware, viruses, Trojans, spam) or are otherwise used contrary to the provisions. ec elements is authorized not to accept, block or delete corresponding messages to or from customer accounts. In justified exceptional cases, ec elements may take note of the content of such messages if necessary to avert danger. The customer expressly consents to this, even if his telecommunications or e-mail confidentiality is affected. ec elements will inform the customer immediately of measures taken in accordance with this clause. This can also be done by means of summarized reports (e.g. spam report).

7. Blocking, modification or deletion of content by ec elements

7.1 If there are concrete indications (e.g. notification of legal violations by third parties or supervisory authorities, overloading of ec elements' systems in connection with use by the customer) that the customer is violating legal regulations, third-party rights or contractual obligations, ec elements may take the following measures:

• Request to cease the infringement immediately,
• Restriction of the use of the services by the customer, e.g. by temporarily deactivating individual functions and blocking or deleting content,
• Temporary blocking of the customer,
• Final blocking of the customer.

ec elements is also entitled to initiate measures if the services provided by ec elements are misused by third parties (e.g. hacker attack on the customer's website).

7.2. ec elements will inform the customer as far as reasonably possible if ec elements becomes aware of indications of breaches of duty by the customer or misuse of the services by third parties. Depending on the urgency of the case, ec elements may set a reasonable deadline for a statement.

7.3 When selecting the measures, ec elements shall appropriately consider its own operational requirements and liability risks as well as the legitimate interests of any claimants and the customer (e.g. fault, weight of the breach of duty, risks, statement of the customer). The customer can avert the implementation of the measures if he/she eliminates the existing indications of a violation of rights by submitting suitable evidence at his/her own expense.

8. Exemption from liability

The customer indemnifies ec elements against all claims asserted by third parties against ec elements due to a breach of law or duty by the customer, unless the customer is not responsible for this. This includes in particular claims due to the storage or transmission of infringing materials (e.g. texts, images, designs, data) via ec elements systems or the unauthorized use of data. The claim also includes reasonable costs of legal defense incurred by ec elements due to the customer's violation of rights or obligations.

9. External services, subcontractors

9.1 Insofar as services are shown as third-party services in the offers of ec elements (e.g. provision of domains), ec elements will only act as an intermediary. In these cases, the contractual conditions of the provider of the third-party service apply between the customer and the provider of the third-party service.

9.2. ec elements is entitled to engage subcontractors or freelancers unless there is an important reason recognizable to ec elements for not engaging them.

10. Change management

10.1 Services that are administered via the website or the support portal:

Unless a different fixed term is specified in the selected service modules or service certificates, the customer can replace services used in the support portal with other ec elements services at any time or book additional services to the extent offered by the support portal. If a customer wishes to terminate the use of a particular service, the respective notice period applies. Cancellations can be declared via the ec elements support portal.

10.2 Other services (e.g. creation of individual software, individual adaptations):

10.2.1 The customer shall communicate change requests regarding fixed or defined services as early as possible as a concrete and verifiable proposal (change request).

10.2.2. ec elements shall examine the change request with regard to the technical feasibility in connection with the already defined specifications and with regard to additional time and costs and shall submit a correspondingly adapted offer to the customer. The customer shall check the offer within 5 working days of receipt and inform ec elements immediately whether the offer is accepted. If the customer does not accept the offer, the parties will execute the contract within the originally agreed scope of services. Any agreed or statutory termination rights of the customer remain unaffected.

10.2.3. ec elements may continue the provision of services in accordance with the contractual agreement in the event of a change request, unless the customer instructs ec elements to suspend the provision of services. Any resulting delays extend the performance period accordingly.

11. Rights of use, retention of title

11.1 If ec elements provides services as Software as a Service (SaaS), ec elements provides the customer with software functionalities via an ec elements portal for the respective service for use via the Internet. In this way, the customer can, for example, place products in online stores or enter data in CRM systems. The customer administers the respective solutions via the corresponding portal. The customer does not acquire any rights to the software itself and has no claim to the provision of software. ec elements operates and develops the hardware and software for the portal on its own responsibility, even if the customer acts as a provider to its users with the help of the SaaS solution.

11.2 Insofar as copyrightable works are contractually provided to the customer for use, in case of doubt the customer receives simple, non-transferable rights of use limited to the term of this contract insofar as these are necessary to achieve the purpose of the contract. Insofar as new versions, updates, upgrades or patches of ec elements are transferred to the customer during the term of the contract, the same rights of use apply as for the main software.

11.3 The transfer of source code or rights thereto is only owed by ec elements, even in the case of individual programming services or software provided, if expressly agreed.

12. Acceptance

12.1 If ec elements provides work services or if the contracting parties agree on an acceptance of service results such as setup, configuration and/or programming services, the following procedure shall apply:

12.2 The customer shall immediately check and test all performance results handed over; ec elements may also hand over independently testable partial performances for this purpose. An overall acceptance shall only take place if no partial acceptance has taken place. The customer shall ensure that the services of ec elements are not used productively before completion of the tests and acceptance, unless otherwise agreed between the contractual partners.

12.3 If the services or partial services of ec elements meet the agreed requirements or if there are only insignificant deviations, the customer shall declare acceptance immediately; acceptance shall be made in writing. If the customer does not declare acceptance within 4 weeks after delivery of the service or if the customer begins productive use of the services, the services or partial services shall be deemed accepted unless the customer has previously notified defects that prevent acceptance.

13. Remuneration, terms of payment

13.1 Unless otherwise stipulated in the respective service modules, service certificates or individual orders, the services used shall be invoiced in accordance with the following principles:

13.2 One-off set-up fees and/or usage-dependent fees may be charged for the use of the services. The prices stated in the service modules or service certificates shall apply.

13.3 The prices for usage-based fees are generally calculated according to the actual usage incurred. The actual usage incurred can be calculated, for example, according to the users registered by the customer within an application (e.g. number of employees of the customer who have access to the application), according to the usage options included with the application (e.g. number of contacts that can be managed within the application) or according to the technical resources made available (e.g. performance, size of the working memory or a data storage device).

13.4 The customer has the option of booking service packages. Service packages contain fixed service contents for a fixed period of time (e.g. sending a certain number of e-mails per hour, certain amount of storage space per month) and are remunerated with a fixed price according to the respective price information. Service packages are charged for the actual use of ec elements services. If the customer uses the package services only partially, he still owes the fixed price. If the use exceeds the package services, additional services used will be charged at cost.

13.5 The fee for the use of the services shall be invoiced to the customer at the end of each month. The billing period is the calendar month. Invoicing takes place from the first day of use of the services by the customer. The first billing month is invoiced pro rata. ec elements offsets payments against the oldest outstanding claim and informs the customer of the intended offsetting. Deviating repayment terms of the customer are irrelevant.

13.6 Fees are stated as net prices plus the applicable value added tax. Payments shall be made in euros and must be made within 10 days of receipt of the invoice. In the case of participation in the SEPA direct debit procedure or credit card payment, the invoice amounts will not be collected or debited before five working days have elapsed after receipt of the invoice and the SEPA pre-notification.

13.7 If the customer is in arrears with a payment at least in the amount of the last monthly fee owed for a period of at least 14 days, ec elements is entitled to restrict contractual services and to block access to services. ec elements will inform the customer in writing about the impending blocking at least one week before restricting the services. The blocking does not release the customer from his obligation to pay all agreed fees.

14. Warranty and liability

14.1 The following provisions on liability and warranty of ec elements apply to all claims for damages or other claims for compensation of the customer arising from or in connection with the performance of this contract and liability cases regardless of the legal grounds on which they are based (e.g. warranty, default, impossibility, any breach of duty, existence of an obstacle to performance, tort, etc.) except for claims of the customer:

• for damages resulting from injury to life, limb or health,
• in the event of fraudulent concealment of a defect by ec elements or due to the absence of a quality for which ec elements has assumed a guarantee,
• which are based on intentional or grossly negligent conduct on the part of ec elements, its executive bodies or executive employees, and
• in accordance with the Product Liability Act.

For these exceptions, the statutory regulation remains in place.

14.2. ec elements and its vicarious agents shall only be liable for property damage and financial loss caused by negligence in the event of a breach of a material obligation, i.e. an obligation whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer may regularly rely, but limited to compensation for typical damage foreseeable at the time of conclusion of the contract.

14.3. ec elements' liability for slight or simple negligence is otherwise excluded.

14.4 The strict liability of ec elements in the area of tenancy law and similar usage relationships for errors already existing at the time of conclusion of the contract is expressly excluded.

14.5. ec elements guarantees the technical availability of the services in accordance with the provisions in clause 4.1 of these GTC. ec elements assumes no liability for disruptions within the network for which ec elements is not responsible.

14.6 In the case of services under a contract for work and services, the customer shall have no right to self-performance pursuant to Section 637 BGB. Warranty rights under contracts for work and services shall be limited to a period of 12 months from acceptance of the work. Claims for damages remain unaffected by this.

14.7 If a defect claimed by the customer is not subject to the warranty obligation of ec elements, ec elements may demand from the customer the expenses incurred in accordance with its usual rates.

15. Data protection

15.1 Services under this contract, in particular the provision of software applications as part of Software as a Service, may constitute data processing on behalf of the customer. In these cases, the customer is the client and responsible body for data processing. ec elements is obliged to keep personal data processed on behalf of the customer confidential and to process it only in accordance with the customer's instructions. If necessary, the parties shall regulate the commissioned data processing in a separately concluded commissioned data processing agreement.

15.2 Employees of ec elements, as well as third parties who work within the scope of the order or have access to personal data, are obliged in writing to maintain confidentiality and data secrecy in accordance with § 5 of the Federal Data Protection Act (BDSG).

15.3 Use of anonymous data for statistical purposes

ec elements is entitled to anonymize the data stored on its own systems and to evaluate it statistically for its own purposes. This includes both the technical analysis of the utilization and use of the systems as well as content-related evaluations of the transactions processed via the systems. For this purpose, only anonymous data is analyzed by computer programs. Only the results of these processes are used by ec elements, processed and, if necessary, made accessible to third parties.

16. Term, termination

16.1 Unless otherwise stipulated in the respective service modules, service certificates or individual orders, the contract shall commence on the day the order is placed by the customer (Section 2.1) and shall have the fixed term specified in the service module or service certificate.

16.2 The entire contract or individual services can be terminated within the periods specified in the service module or service certificate. Cancellation can be made via the corresponding function in the support portal. The customer's option to exchange individual services remains unaffected (Section 9.1).

16.3 The right of both parties to terminate the contract for good cause without observing a notice period remains unaffected. Good cause shall be deemed to exist for ec elements in particular if

• the customer has culpably breached material obligations under this contract;
• the customer is two consecutive months in arrears with the payment of the charges or a not insignificant part of the charges or over a period of more than two months with the payment of the charges in an amount equal to the monthly amount for two months;
• the customer has used the services of ec elements for criminal or unlawful acts or acts infringing the rights of third parties.

17. Termination, effect of termination of the contract, disclosure of data

17.1 The customer is responsible for downloading or otherwise backing up his data before the contract expires. The portal solution of ec elements provides a corresponding function for certain data. ec elements will store the data provided by the customer or stored on behalf of the customer on backup media for a period of fourteen days after termination of the contract. After expiry of this period, ec elements is entitled to delete the customer's data.

17.2. ec elements offers the reconstruction and transmission of existing customer data from the ec elements data backup for a separate fee.

17.3 If the customer agrees to the deletion in writing, by e-mail or by fax, ec elements will delete the data immediately, even before expiry of the retention period according to clause 16.1.

17.4 Data that ec elements is obliged to retain or is entitled to retain to protect its own interests is exempt from deletion.

18. Final provisions

18.1 The legal relationship between the contracting parties shall be governed exclusively by the law of the Federal Republic of Germany to the exclusion of the rules of private international law which lead to the application of foreign law. The Vienna UN Convention on Contracts for the International Sale of Goods of April 11, 1980 shall not apply.

18.2 Section 312i (1) sentence 1 numbers 1 to 3 and sentence 2 BGB shall not apply.

18.3 The exclusive place of jurisdiction for all disputes arising from or in connection with the performance of the contractual relationships covered by these GTC is the registered office of ec elements. ec elements may, however, sue the customer at its general place of jurisdiction.

18.4. ec elements reserves the right to amend these GTC. ec elements will inform the customer of the change by e-mail at least four weeks before the change comes into effect. The change requires the customer's consent. Consent is deemed to have been given if the customer does not object within four weeks of receipt of the notification of change. If the customer objects, the customer is entitled to terminate the contractual relationship at the time the change comes into effect. ec elements will specifically inform the customer of the consequences of failing to object in the notification of change.

18.5 Should individual provisions of these GTC, supplementary conditions and/or any other contract between ec elements and the customer be or become invalid, this shall not affect the legal validity of the remaining provisions. The provision in question shall be replaced by a valid provision that comes as close as possible to the intended purpose.

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II. Supplementary Conditions Tradescale

1. Object

1.1 The subject of these additional terms and conditions is the provision of an online store as software as a service by ec elements for the customer. This means that the customer can set up his own store via the ec elements support portal, fill it with articles and administer it, which is accessible to internet users. ec elements operates the hardware and software for the portal on its own responsibility. The subject of the contract is not the provision of a specific software but only the functional usability of the store system provided by ec elements by the customer and accessibility of the store for internet users via the internet address managed by the customer. Additional services of ec elements may consist of analysis and advice on the use of the customer's online store.

1.2. ec elements provides the customer with user support by e-mail or telephone. The time scope of the user support included in the contract is shown in the service certificate. The user support includes answering questions on the use of the software as well as tips and hints on its use. If the customer wishes to make use of additional support services, these must be agreed separately and paid for on a time and material basis.

2. Setup and use of the store

2.1 After completing the order, ec elements provides the customer with the store solution selected by him. The customer is given the opportunity to add items via a web interface, enter their own data and information and make default settings, e.g. for the payment methods or shipping methods offered.

2.2 The Customer is solely responsible for setting up the store and using the functions. The Customer shall check and observe in particular the relevant legal requirements and whether the special requirements applicable to his project can be mapped in Tradescale. This includes in particular the requirements for electronic business transactions and distance selling as well as the Telemedia Act, the Trademark Act, the Copyright Act, the Federal Data Protection Act, the Act against Unfair Competition and laws for the protection of minors. In this respect, ec elements' obligation to perform is limited to designing the store system and keeping it up to date in such a way that the fulfillment of the general legal requirements is possible. In particular, ec elements assumes neither inspection nor notification obligations.

2.3 In particular, the customer may not offer any articles that

• contain pornographic or obscene material,
• glorify war, terror and other acts of violence,
• are likely to morally endanger children or adolescents,
• portray people in a way that violates human dignity,
• incite hatred against sections of the population or against a national, racial, religious or ethnic group, incite violence or arbitrary measures against them or attack the human dignity of others by insulting, maliciously denigrating or defaming sections of the population or one of the aforementioned groups,
• depict cruel or otherwise inhuman acts of violence against humans or animals in a way that glorifies or trivializes such acts of violence or depicts the cruelty or inhumanity of the act in a way that violates dignity,
• are suitable for denying, insulting, threatening or slandering others.

2.4. ec elements reserves the right to temporarily block offers that violate section 2.2 or 2.3, even without observing a notice period after becoming aware of this. The right to block the customer in accordance with section 7 of the GTC as well as the right to terminate the contract remain unaffected.

3. Term and termination

The contract runs for an indefinite period. Both parties can terminate the contractual relationship at any time with 14 days' notice to the end of the month.

4. No liability for loss of sales

The liability of ec elements for lost sales in the event of failures or impairments of the store system is excluded, unless ec elements has acted with intent or gross negligence. Further limitations of liability in the GTC remain unaffected.

5. Reference to service provision

ec elements is entitled to refer to the use of ec elements' services by the customer in the store system in a form that is more visible to the Internet user, for example by means of a link labeled "powered by ec elements".

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III. Supplementary conditions Clientscale and Tradescale

1. Scope of application and subject matter

1.1 The subject of these additional terms and conditions is the provision of customer relationship management software as software as a service by ec elements for the customer. The services of ec elements include the provision and operation of an internet portal for the systematic maintenance of customer and supplier relationships for the customer. The object of the contract is not the provision of a specific software but only the functional usability of the CRM system provided by ec elements by the customer.

1.2. ec elements provides the customer with user support by e-mail or telephone. The time scope of the user support included in the contract is shown in the service certificate. The user support includes answering questions on the use of the software as well as tips and hints on its use. If the customer wishes to make use of additional support services, these must be agreed separately and paid for on a time and material basis.

2. Installation and use

2.1 After completion of the order, ec elements provides the customer with the CRM solution selected by him. The customer is given the opportunity to enter and manage data in the CRM software via a web interface.

2.2 The software can be used by different persons. The customer can set up appropriate access for this purpose, for example for employees. The customer shall ensure that persons who are granted access to the CRM software are obliged to comply with the contractual provisions.

3. Term and termination

The contract runs for an indefinite period. Both parties can terminate the contractual relationship at any time with 14 days' notice to the end of the month.

4. No liability for loss of sales

Liability on the part of ec elements for lost sales in the event of failure or impairment of the CRM system is excluded, unless ec elements has acted with intent or gross negligence. Further limitations of liability in the GTC remain unaffected.

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IV. Supplementary terms and conditions Mailscale, Clientscale and Tradescale

1. Scope of application and subject matter

1.1 The subject of these additional terms and conditions is the provision of software for sending newsletters as software as a service by ec elements for the customer. The services of ec elements include the provision and operation of an ec elements internet portal for designing, managing and sending newsletters. The object of the contract is not the provision of a specific software, but only the functional usability of the newsletter system provided by ec elements by the customer.

1.2. ec elements provides the customer with user support by e-mail or telephone. The time scope of the user support included in the contract is shown in the service certificate. The user support includes answering questions on the use of the software as well as tips and hints on its use. If the customer wishes to make use of additional support services, these must be agreed separately and paid for on a time and material basis.

2. Installation and use

2.1 The customer has the option of creating newsletters via a web interface and sending them to recipient lists administered by him.

2.2 The customer is solely responsible for sending the newsletter. The customer shall comply with the relevant legal requirements when collecting, selecting and using the addresses and data of the recipients, as well as with regard to the content to be sent (texts, images, etc.) and the hyperlinks used. These include in particular the provisions of the Telemedia Act, the Trademark Act, the Copyright Act, the Federal Data Protection Act, the Act against Unfair Competition and laws for the protection of minors.

2.3 The customer assures that he has the express permission of the recipient concerned to send advertising or commercial communication by e-mail for each data set used. Upon request, the customer shall immediately provide ec elements with the consents in text form with all information available to him for the respective data set (e.g. information on the double opt-in procedure, date and time of registration, text of the declaration of consent, information on the possibility of revocation), unless he is demonstrably prohibited from doing so for legal reasons. In the latter case, the customer shall send ec elements an original affidavit from an employee confirming the existence of sufficient consent.

3. Contractual penalty

For each culpable breach by the customer of the obligation under section 2.3, the customer is obliged to pay a contractual penalty of EUR 5,001.00 if this leads to a justified complaint to ec elements by an affected party, a competitor, a supervisory authority or any other third party with an active right to complain. The assertion of claims for damages remains unaffected.

4. Special regulations for term and termination

The contract runs for an indefinite period. Both parties can terminate the contractual relationship at any time with 14 days' notice to the end of the month.

5. No liability for loss of sales

Liability on the part of ec elements for lost sales in the event of failure or impairment of the newsletter system is excluded, unless ec elements has acted with intent or gross negligence. Further limitations of liability in the GTC remain unaffected.

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V. Supplementary Terms and Conditions Hosting

1. Object

1.1 The subject of these additional terms and conditions is the connection of the customer's content (operation of websites, databases and e-mail accounts) to the Internet on ec elements hardware provided by ec elements (hosting).

1.2. ec elements offers its customers hosting on the basis of virtual machines as shared servers and dedicated servers. With shared servers, several customers share common hardware resources. In the case of dedicated servers, the contractually defined hardware resources are reserved for use by the respective customer. Details on the services of ec elements are regulated in the service certificate.

1.3 As part of hosting, the customer is given the opportunity to set up their own email accounts and send emails to third parties. Depending on the service package selected, the number of emails that can be sent may be limited.

1.4 The customer can book the creation of SSL certificates for email and website encryption as an additional service in the support portal. The terms and conditions of the respective certification authority (e.g. Comodo, GeoTrust, CERTUM) also apply here. The certificates are exportable and can be combined with hosting services as well as used with third-party providers.

2. E-mail services

2.1 Unless otherwise stipulated in other supplementary provisions, the customer may not use the e-mail accounts provided as part of the hosting service to send unauthorized, unsolicited advertising to third parties. Furthermore, the customer may not provide false sender details or disguise the identity of the sender in any other way. In the case of commercial communication, the customer must make this clear by designing the e-mail accordingly and complying with the applicable legal requirements.

2.2 The customer can independently define settings for the e-mail account in the support portal. The customer must set a deadline after which ec elements is authorized to delete e-mails stored in the e-mail account. The customer is responsible for regularly retrieving and saving the e-mails sent to him before this period expires.

2.3. ec elements is entitled to technically check and filter e-mails on its own systems to ensure that they do not threaten to impair the system (malware, viruses, Trojans, spam) or are otherwise used contrary to the provisions. ec elements is authorized not to accept, block or delete corresponding e-mails to or from customer accounts. In justified exceptional cases, ec elements may take note of the content of such e-mails to the extent necessary to avert danger. The customer expressly consents to this, even if his telecommunications or e-mail confidentiality is affected. ec elements will inform the customer immediately of measures taken in accordance with this clause. This can also be done by means of summarized reports (e.g. spam report).

3. SSL certificates

3.1 SSL certificates provided to the customer always have a predetermined term. This is not automatically extended. The customer is responsible for applying for a new SSL certificate in good time. The conditions of the issuing body also apply to the certificates.

3.2 Fees for the provision of SSL certificates are based on the price list valid at the time the contract is concluded. Fees for the provision of SSL certificates are charged in advance for the term of the certificate.

4. Term and termination

The contract runs for an indefinite period. Both parties can terminate the contractual relationship at any time with 14 days' notice to the end of the month.

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VI. Supplementary Terms and Conditions Domain Registration

1. Object

The subject of these additional terms and conditions is the registration and administration of domain names by ec elements for the customer. If the customer requests the registration of domain names by ec elements, ec elements will only act as an intermediary vis-à-vis the respective domain administrators (e.g. DENIC). ec elements is entitled to involve third parties in this process. Only the customer is authorized and obligated by contracts with the administration offices. These contracts are based on the general terms and conditions and guidelines of the respective administrative bodies, which can be accessed on the respective homepages of the administrative bodies.

2. Registration of domain names

2.1 The customer can order the registration of domain names by ec elements via the ec elements website. The customer can specify one or more desired domain names. The customer ensures that the desired domain name is free of third-party rights (e.g. naming rights, trademark rights).

2.2 Domain applications from the customer are forwarded to the registries in an automated process, in some cases via third parties on behalf of the customer. In this process, ec elements transfers data required for the fulfillment of the order (e.g. on the contractual partner, name, address, desired domain name) to third parties. Such data transfer takes place in countries that do not belong to the European Union and do not guarantee a comparable level of data protection. If the domain is registered, the customer's data will be published on the Internet or passed on to third parties, depending on the registry. Before commissioning ec elements, the customer is responsible for informing himself about the use of his personal data by the bodies and companies involved in the respective domain registration, as ec elements has no influence on this. Cancellation is not possible after this procedure has been initiated. ec elements has no influence on whether a domain name is actually assigned to the customer. Even if a domain name is initially displayed as free, ec elements does not guarantee that a domain name will actually be assigned or that it is free of third-party rights.

2.3 If a domain is assigned to the customer, the customer can make DNS settings independently via the support portal. Until the domain settings are entered by the customer, the domain registered to the customer can be linked to a page of the registry or of ec elements under which advertising can also be displayed.

3. Blocking of content, locking of registration, deletion of registration at the request of third parties

In addition to the blocking and deletion rights in the GTC, ec elements is particularly entitled to prevent the linking of the domain with illegal content in the case of domain registrations if third parties and in particular authorities (e.g. law enforcement authorities) demand this from ec elements and ec elements would otherwise be exposed to liability or other claims. Prior to the decision, ec elements shall give the customer the opportunity to comment.

4. Term, termination

4.1 Domain names are always registered for a fixed term. After the registration period has expired, the registration is automatically renewed. Cancellation declarations by the customer are forwarded by ec elements to the relevant registry. Cancellation periods are based on the contractual conditions of the registry.

4.2 Termination of the contractual relationship with ec elements does not affect the contractual relationship between the customer and the respective administrative office. In case of doubt, ec elements is entitled, but not obliged, to terminate the registration of the domain for the customer with the registry upon termination of the contract. If the customer wishes to terminate both the contract with ec elements and the domain, this must be clearly stated.

5. Fees

5.1 Fees for the registration and administration of domain names are based on the price list valid at the time the contract is concluded or the registration of a domain name is renewed.

5.2 Fees for registration and administration are due in advance upon registration of a domain name for the entire registration period. During the term of the contract concluded between ec elements and the customer for the registration of domain names, the fees for the registration services of the administrative offices are included in the prices invoiced by ec elements and are paid by ec elements to the administrative offices.

5.3 In the event of extraordinary termination by the customer or deletion of the registration of the domain name at the customer's request or at the request of a third party, no refund of the fees due for the period up to the expiry of the registration period will be made.

5.4 If the customer does not make the corresponding payments, ec elements is not obliged to register or maintain a registration.

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VII. Supplementary conditions for software development

1. Object

1.1. ec elements offers consulting, conception and creation of software (e.g. programming of websites, apps or desktop applications) according to the customer's requirements on the basis of a service contract.

1.2 The customer's final requirements for the software are usually not yet defined and, like the software itself, should be developed jointly by ec elements and the customer in a fluid process.

2. Obligations of the customer to cooperate

2.1 The customer shall support ec elements to a reasonable extent in the provision of services without being requested to do so, in particular by immediately communicating instructions and approvals and by responding to inquiries. The customer shall inform ec elements if he has not, not in time or not completely fulfilled his obligations or is not likely to be able to fulfill them.

2.2 The customer shall provide the necessary (technical) information, test data, materials and documents (hereinafter collectively: material). The customer shall only deliver such material that has the formats required by ec elements and is quality-assured with regard to content and carrier. The customer shall provide a backup copy of the material during the cooperation. ec elements is entitled to use the material in accordance with the purpose of the contract, unless the customer expressly indicates otherwise.

2.3 The customer shall ensure and be responsible for ensuring that the contractual use by ec elements of the material provided by it does not violate statutory or official provisions (e.g. on the protection of minors, data protection or competition law) and is free from third-party rights (in particular personal rights or copyrights).

3. External services, third-party service providers, subcontractors

3.1 Insofar as third-party services, in particular software (e.g. standard routines, modules, libraries) or media (e.g. images, sounds, scrolling images, films, data feeds) from third-party providers are to be used in the development of the software, which are not provided by the customer, ec elements is authorized by the customer to procure or procure these at the customer's expense (including any subsequent costs) in accordance with the conditions (including license conditions) of the manufacturer/provider or their sales partner. The customer shall observe the relevant conditions for third-party services (including open source, freeware or Creative Commons conditions) and, if necessary, extend the contract or license independently. ec elements is not obliged to disburse third-party services. ec elements is entitled to demand a reasonable service fee (regularly 15% of the third-party service) for the commissioning and coordination of third-party services.

3.2 If the customer engages other service providers (hereinafter: third-party service providers), these are considered vicarious agents of the customer. As the client of both ec elements and the third-party service provider, the customer is responsible for the stringent and manageable delimitation, coordination and monitoring of the areas of activity and responsibility of the various contractors. The customer shall take the necessary management and control measures independently.

4. Definitions for agile software projects

4.1 User story: The user story is a general description of the desired functionality. It contains a description of a scenario or process of how the software should behave. The user stories are specified by the customer. They do not represent a final service description, but provide a framework for the future design and development of the software.

4.2 Product backlog: The requirements for the software resulting from the user stories are collected in the product backlog. A requirement describes and specifies the technical implementation of the user story. The product backlog is dynamic and is constantly developed further by the contractual partners in order to concretize the requirements.

4.3 Product Owner: The Product Owner is responsible for deciding on the deliverables to be created, their properties and the order of implementation; in particular, the Product Owner maintains the Product Backlog. In case of doubt, the product owner also decides which features are to be completed by the end of a sprint (prioritization). The product owner is the customer, unless the parties expressly agree otherwise.

4.4 Sprint planning: As part of sprint planning, the requirements listed in the product backlog that are to be implemented in the sprint are jointly evaluated by the parties. The requirements are then prioritized by the customer and transferred to the sprint backlog in coordination with ec elements.

4.5 Sprint backlog: During the sprint, only the requirements according to the sprint backlog are processed. The requirements summarized in the sprint backlog represent the initial objective for the respective sprint and form the basis for the test carried out as part of the sprint review. The requirements for the sprint are to be summarized in a separate document in text form (e.g. PDF), confirmed by the development team of both contractual partners and communicated to the project managers of both parties (e-mail is sufficient). Changes and additions to the sprint backlog by both parties are only possible until the end of the sprint planning and are no longer taken into account after the start of a sprint; subsequent changes and/or additions are entered as new requirements in the product backlog and processed in later sprints.

4.6 Sprint review: At the end of a sprint, the processed requirements are released as part of the sprint review. For this purpose, the results of the sprint are presented by ec elements and reviewed by the product owner. Requirements that have been implemented by ec elements as agreed or that have been completed due to changes are marked as completed by the product owner; this is considered the final release. Requirements that have not been implemented or have been implemented incompletely or incorrectly are re-entered in the product backlog and implemented in one of the subsequent sprints.

5. Implementation of agile software projects (e.g. Scrum process)

5.1 The parties shall appoint mutually competent contact persons. In particular, the customer's contact person must be authorized and have the necessary expertise to make the decisions incumbent on the product owner in the course of implementing the project. The parties must also name the members of the project team.

5.2 The development services provided by ec elements are divided by the parties incrementally into sprints (iterations) using the Scrum method with a duration that can be flexibly adapted to the requirements and the partial services to be developed in a sprint.

5.3 The standard duration of a sprint is two weeks. ec elements owes the provision of services according to the general state of the art. The targeted requirements for each sprint are defined as part of sprint planning. For this purpose, the parties use the methods provided by Scrum, i.e. meetings ("Sprint Planning" and "Sprint Review"), protocols and artifacts ("Product Backlog", "Sprint Backlog"), in which the contents and the course of the project are controlled and recorded by the Product Owner. The basic content is derived from the user stories and the technical requirements concretized from them, which are recorded by the parties in the product backlog and for the specific execution of a sprint in the sprint backlog. If the parties do not reach an agreement on the requirements to be recorded in the sprint backlog, the final decision on the requirements to be recorded in the sprint backlog and their prioritization is the responsibility of the product owner.

5.4 At the beginning of the agile software project, the parties shall determine an estimated project duration within which the software is to be developed. However, the parties agree that this does not constitute a final deadline for the creation of the software. Information on possible costs based on these assumptions are mere estimates.

5.5 At the start of the project, ec elements shall receive an advance payment to be agreed between the parties. This amount will be offset against the final invoice at the latest. If the final invoice is less than the advance payment, ec elements will refund the excess amount. If the assignment ends prematurely, the advance payment is to be refunded - if necessary on a pro rata basis.

6. Rights of use

The rights of use to the software to be developed to be granted by ec elements to the customer are agreed individually between the parties, otherwise the regulation in the GTC of ec elements shall apply.

7. Remuneration, terms of payment

7.1 The respective remuneration is expressly agreed between the parties. If no provision is contained therein, the services of ec elements shall be remunerated on a time-based fee basis based on the actual amount of work at the standard rates of ec elements. The billing interval is per quarter of an hour or part thereof. If daily rates have been agreed, this includes a work performance of 8 hours per day during the usual business hours of ec elements. If ec elements works outside its business hours at the customer's request, the pro rata rate shall be increased by 50%.

7.2. ec elements may demand advance payments to a reasonable extent. In the case of invoicing on a time-based fee basis, ec elements is entitled to invoice monthly. Unless otherwise agreed in the individual contract, 30% of cost estimates or fixed prices are due upon conclusion of the contract and 70% upon handover; in the case of services under a contract for work and services, the customer is entitled to withhold 30% of the remuneration due until acceptance.

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VIII. Supplementary Terms and Conditions Premium Service Package

1. Object

1.1 The subject of these supplementary terms and conditions is the provision of the services and consulting services described in more detail in clause 2 by ec elements for the customer on the basis of a service contract. Consulting and other services can only be booked in addition to certain service packages of ec elements (hereinafter: basic service package, e.g. provision of software, hosting, domains or software development according to the terms and conditions of ec elements). These supplementary terms and conditions apply to their subject matter with priority over the general terms and conditions of ec-elements.

1.2 These supplementary terms and conditions do not affect ec elements' obligations to perform warranty work and obligations to provide support services as part of basic service packages. Insofar as services according to this contract overlap with warranty obligations of ec elements, these also serve the warranty. Services of the Premium service package may overlap with those of a basic package.

2. Benefits

2.1 User services

2.1.1 The contact persons designated by the customer shall be given the opportunity to call up user services within the service period until the monthly quota of person hours specified in the specific offer has been exhausted. The user services include support services for the use of the basic service package, e.g. for the customer's setup and adaptation of existing software functions, help with the incorrect use of program functions or with the solution of company-specific problems. The customer is only entitled to demand that ec elements provides services beyond the agreed contingent of person hours if this has been expressly agreed separately.

2.1.2 The User Services shall be utilized by the customer through the technically competent contact person designated by the customer (Section I.3.3 GTC). The use of other employees or third parties is only possible in exceptional cases if the contact person is not available at short notice for a service that cannot be postponed or if the use of the service by the third party is expedient.

2.1.3 The following services are not covered by the User Services in accordance with section 2.1.1:

• Services outside service hours,
• Elimination of problems caused by the customer using ec elements' services contrary to the contract or improperly,
• individual programming services that are not directly related to the software in accordance with the customer's booked basic service package or relate to third-party software,
• On-site service,
• Training courses.

Should the customer make use of excluded services, these shall be remunerated separately at ec-elements' general rates of remuneration. The contracting parties shall agree on such services separately before the start of execution.

2.1.4 The following services are covered by the User Services in accordance with section 2.1.1:

2.1.4.1 Advice and support with setting up software, data migration:

• Establishment of the basic service package;
• Migration of data from an old system for use on the new hardware and software provided, where technically possible;
• Preliminary consulting work for the creation of a concept for the migration of data.

2.1.4.2 Further software development:

Individual programming services for software in the basic service packages provided to the customer, e.g. to adapt certain functionalities to changes in the customer's operating processes.

2.1.4.3 Troubleshooting

ec elements supports the customer in the event of problems, difficulties or disruptions in dealing with the basic service package within the service level specified in section 3.

3. Service level

3.1 Service requests are divided by ec elements into four service classes and evaluated with service levels. ec elements guarantees the start of the processing of service requests within the service levels as described below:

Service class	Description	Servicelevel
1	Service requests for malfunctions that prevent the operation of other programs or the intended usability of the basic service package or impair it in such a way that productive use is not economically possible.	4 hours
2	Service requests regarding essential functionalities of the basic service package, in particular disruptions to such functionalities or unforeseen changes to business processes required at short notice. The effects impair essential ongoing business processes and the productive use of the basic service package.	2 days
3	Service requests regarding the general usability of the basic service package that do not significantly restrict productive use, e.g. regarding individual extensions or changes to the basic service package or only sporadic faults.	10 days
4	Service requests, in particular for individual programming services, which require more time to process than the monthly quota of person hours available to the customer.	By individual agreement

Service levels begin when ec elements confirms the receipt of a service request by ec elements by telephone or e-mail by sending an automatic e-mail. The customer shall support ec elements sufficiently in the provision of services and describe requirements or malfunctions sufficiently for an assessment in the service request or upon request by ec elements (possible triggers or causes, information on the condition of the system before and after the occurrence of the malfunction, effect of the malfunction, special damage suitability, preliminary classification into a service class, contact person with communication details).

The service level time only runs during the agreed service times. The service level time is interrupted for the duration of outstanding cooperation services by the customer.

The service level time ends when

• ec elements starts processing the service request;
• the restriction of productive usability is significantly improved;
• ec elements determines that a malfunction is due to a cause outside the sphere of ec elements' services;
• the customer's monthly quota of person-hours is exhausted.

3.2 Faults not recorded

The promised service levels do not apply in the event of the following faults:

• Disruptions and problems in the area of the Internet or telecommunications networks that represent a general operational risk (e.g. DoS attacks, network failure);
• faults for which the customer is responsible (e.g. interaction with third-party software, changes to the system configuration, inadequate performance of hardware or third-party software);
• force majeure;
• scheduled maintenance windows announced in accordance with Section I.4.2.

3.3 Procedure for service requests

ec elements confirms the receipt of a fault message and assigns it a sequential number. After checking the fault report, ec elements determines the service class. The service class is now binding unless the customer objects immediately. If ec elements assigns a service request to service class 4 or if ec elements can no longer process a service request within the time remaining in the respective contingent of person hours, ec elements informs the customer. The parties can then individually agree on the specific circumstances of processing the service request. If ec elements accepts the customer's information from a fault report or starts processing the fault, ec elements does not recognize the legal or factual situation.

4. Service times

4.1. ec elements generally provides the services according to these additional terms and conditions within the service hours on working days, Monday - Friday from 9:30 to 17:30.

4.2 The deadlines applicable under clause 3.1 of this contract do not run outside service hours.

4.3 If the provision of a service objectively cannot be postponed, ec elements shall also provide this service outside the service times.

5. Remuneration

For the service packages offered by ec-elements, the provisions in Section I. 13.4. of the GTC apply with the following proviso:

The object of the Premium service package is the provision of the number of person-hours specified in the specific offer in the area of user service on the basis of a service contract. The agreed person-hours are the monthly maximum of the service times to be provided by ec-elements per calendar month. Hours are not carried over to the following month.

Additional person-hours called up by the customer are subject to remuneration. ec-elements is regularly obliged to inform the customer of the commencement of the additional remuneration obligation prior to the provision of such additional person-hours.

Short calendar months at the beginning or end of the contract term in the event of ordinary termination are remunerated on a pro rata basis.

6. Term, termination

The contract for the use of the Premium service package has a term of 12 months and is extended by a further 12 months if it is not terminated in writing with a notice period of 3 months to the end of the respective term. The contract also ends automatically upon termination of the last basic service package without the need for any further declaration by either party.

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IX. Supplementary conditions Tradescale CMS

1. Object

1.1 The subject of these additional terms and conditions is the provision of a content management system as software as a service by ec elements for the customer. This means that the customer can use the ec elements support portal to fill and administer a website with content that is accessible to Internet users. ec elements operates the hardware and software for the portal on its own responsibility. The subject of the contract is not the provision of a specific software or the operation of the internet presence managed by the customer, but only the functional usability of the content management system provided by ec elements by the customer. Additional services of ec elements may consist of the analysis, consulting and operation of the customer's online presence

1.2. ec elements provides the customer with user support by e-mail or telephone. The time scope of the user support included in the contract is shown in the service certificate. The user support includes answering questions on the use of the software as well as tips and hints on its use. If the customer wishes to make use of additional support services, these must be agreed separately and paid for on a time and material basis.

2. creation, publication and use of websites

2.1 After completion of the order, ec elements provides the customer with the CMS solution selected by him. The customer is given the opportunity to create websites via a web interface, enter his own data and information and make default settings, e.g. for users and search engines.

2.2 A suitable web server is required to publish the web pages on the Internet, the provision, operation and maintenance of which is the sole responsibility of the customer.

2.3 The customer is solely responsible for all published content. In particular, the Customer shall check and observe the relevant legal requirements and whether the special requirements applicable to his project can be mapped in Tradescale CMS. This includes in particular the requirements for electronic business transactions and distance selling as well as the Telemedia Act, the Trademark Act, the Copyright Act, the Federal Data Protection Act, the Act against Unfair Competition and laws for the protection of minors. In this respect, the service obligation of ec elements is limited to designing the content management system and keeping it up to date in such a way that the fulfillment of the general legal requirements is possible. In particular, ec elements does not assume any obligations to check or inform.

2.4 In particular, the customer may not publish websites that

• contain pornographic or obscene material,
• glorify war, terror and other acts of violence,
• are likely to morally endanger children or adolescents,
• portray people in a way that violates human dignity,
• incite hatred against sections of the population or against a national, racial, religious or ethnic group, incite violence or arbitrary measures against them or attack the human dignity of others by insulting, maliciously denigrating or defaming sections of the population or one of the aforementioned groups,
• depict cruel or otherwise inhuman acts of violence against humans or animals in a way that glorifies or trivializes such acts of violence or depicts the cruelty or inhumanity of the act in a way that violates dignity,
• are suitable for denying, insulting, threatening or slandering others.

2.5. ec elements reserves the right to temporarily block offers that violate section 2.3 or 2.4, even without observing a notice period after becoming aware of this. The right to block the customer in accordance with section 7 of the GTC as well as the right to terminate the contract remain unaffected.

3. Term and termination

The contract runs for an indefinite period. Both parties can terminate the contractual relationship at any time with 14 days' notice to the end of the month.

4. No liability for loss of sales

The liability of ec elements for lost sales in the event of failures or impairments of the content management system is excluded, unless ec elements has acted with intent or gross negligence. Further limitations of liability in the GTC remain unaffected.

5. Reference to service provision

ec elements is entitled to refer to the use of ec elements' services by the customer in websites created by the content management system in a form that is more visible to the Internet user, for example by means of a link labeled "powered by ec elements".

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Status: September 2017