General Terms and Conditions of Business and Use for cnips

The cloud software “cloud native integration platform service” (hereinafter referred to as “cnips”) is a product of WidasConcepts GmbH, Maybachstraße 2, D-71299 Wimsheim (hereinafter referred to as “Widas”). With cnips, Widas offers an integration platform-as-a-service solution that allows customers to implement, monitor and manage integrations between different systems.

Scope of application and amendments
1. These General Terms and Conditions of Business and Use including their annexes (hereinafter referred to as “GTC”) apply to the provision of cnips in the current version to companies (Section 14 of the German Civil Code (BGB)), corporations or institutions under public law or special funds under public law (hereinafter referred to as “customers”) based within the EU/EEA.
2. The individual offer from Widas and/or the subscription selected by the Customer via the website [https://cnips.io/pricing/] (the latter also referred to on the website as the “Plan”), together with these GTC, form the contractual basis between Widas and the Customer (“Contract”). In the event of contradictions between the contractual documents, the following order of precedence shall apply:
  1. individual offer from Widas
  2. selected subscription
  3. these GTC
  The provisions of the order processing contract (Annex 1 of these GTC) shall take precedence over all other contractual documents.
3. Deviating, conflicting or supplementary terms and conditions of the customer shall not become part of the contract even if Widas has concluded the contract with knowledge of such terms and conditions. The validity of such terms and conditions is expressly rejected. The precedence of individual agreements between Widas and the customer (hereinafter individually or jointly referred to as “Party” or “Parties”) over these GTC shall remain unaffected.
4. Widas reserves the right to amend the contract, including these GTC. Amendments to the contract shall become effective if the customer does not object to the amendment in text form (§ 126b BGB) within four (4) weeks after receipt of a notification of amendment and Widas has informed the customer of the right of objection and the objection period in the notification of amendment. If the customer objects to the amendment in text form (§ 126b BGB), the contract shall continue to apply unchanged and Widas shall be entitled to extraordinary termination of the contract with a notice period of one (1) month to the end of the next calendar month. Excluded from this reservation of amendment are such amendments that relate to the obligation of one party, the fulfillment of which is essential for the proper execution of the contract and on the compliance with which the other party regularly relies or may rely (hereinafter referred to as “essential contractual obligation”).
5. § Section 312i (1) nos. 1, 2 and 3 BGB and Section 312i (1) sentence 2 BGB do not apply to contracts in electronic commerce.
6. These GTC are provided in German and in English translation. In the event of inconsistencies between the German and English versions, the German version alone shall prevail.
Conclusion of contract, registration
The contract can be concluded in two ways:
1. Conclusion of a subscription via the web portal
  The customer can select a subscription to the extent described at [https://cnips.io/pricing/] and register. A contract is only concluded when Widas confirms the registration and order.
2. Conclusion according to an offer from Widas
  Alternatively, the contract can be concluded outside the web portal according to an individual offer from Widas.
3. A contract is concluded exclusively between the customer and Widas. There is no contractual relationship between Widas and the users authorized by the customer for cnips or third parties.
4. In order to use cnips, it is always necessary to register and create a user account. This account is also used to control access to the services ordered in the web portal.
Contractual services
The contractual services are cnips as a fee-based Integration-Platform-as-a-Service solution, with which customers can implement, monitor and manage integrations between different systems, with which in the
1. Service Level Agreement (SLA) and the customer support described therein.
2. The contractual scope of functions, use and availability of cnips depends on the selected subscription, taking into account any individual offer from Widas. The scope of functions and use of cnips granted within the scope of the agreed subscription is shown at [https://cnips.io/de/vertragsdokumente] and the availability is shown in the Service Level Agreement (SLA).
3. If reference is made in the contract to a description on the Widas website by means of a URL, this refers to the version of the description valid at the time the service is ordered. The customer is obliged to obtain information about the versions valid at that time before commissioning new services. Services already ordered prior to notification of changes shall remain unaffected by changes.
Type and Scope of Free Services Provided by Widas
Insofar as cnips is expressly made available free of charge (hereinafter referred to as “free services”), the following applies:
1. The customer has no entitlement to specific functionalities and usage options. Free services are provided “as is.” Usage options and functionalities may be adjusted by Widas at any time without notice, or partially or completely discontinued.
2. No specific availability is guaranteed for free services.
3. Different provisions apply regarding liability (Section 12.1.1) and data protection (Section 15.1).
Subcontractors of Widas
1. Widas is entitled to provide its services in whole or in part through subcontractors. Widas will structure the contract with the subcontractor in such a way that the subcontractor’s obligations correspond to Widas’s obligations toward the customer for the services provided by the subcontractor.
2. Widas is liable for any fault on the part of its subcontractors to the same extent as for its own fault. Services provided by a subcontractor are, in relation to the customer, considered services provided by Widas.
3. Widas will inform the customer in text form (§ 126b BGB) upon request of the engagement of subcontractors, specifying the subcontractor and the services to be provided by them. The stipulations made in the data processing agreement pursuant to Art. 28 (3) GDPR regarding subcontractors remain unaffected by this clause 7.
Customer’s Rights of Use to cnips
1. Upon provision, the customer receives a non-exclusive, time-limited (to the contract term), non-transferable, and revocable right to use cnips in accordance with the quantitative metrics specified in the offer, such as number of users or volume (e.g., number of “flows”; each flow represents a data exchange between the systems connected via cnips), and limited to the modules specified in the offer. Use includes the right to temporarily store, load, display, and execute cnips, to the extent necessary for the intended use of cnips. This also applies to any reproductions of cnips that may be required.
2. The usage right applies worldwide, except in countries where Widas, due to governmental legal acts (e.g., export restrictions), does not generally offer cnips or where access is not legally permissible. Access is not deemed permissible if, with accurate geolocation, access is blocked for all customers in the respective country due to governmental legal acts. Widas will inform the customer upon request of the countries where cnips is wholly or partially unavailable due to the aforementioned regulation.
3. The use of cnips is permitted for all business purposes of the customer, as long as it does not conflict with the intended purpose. Use of cnips for purposes other than those specified in the contract is prohibited. This particularly applies to the processing or commercial use of cnips through unpaid or paid, permanent or temporary transfer to third parties; third parties include, unless otherwise agreed in the contract, also companies affiliated with the customer within the meaning of §§ 15 et seq. of the German Stock Corporation Act (AktG). The customer shall not use cnips to directly or indirectly develop or improve a comparable service or product, either themselves or through third parties.
4. Subject to any statutory exceptions (e.g., copyright law), the provisions of clauses 8.1 to 8.3 also apply to all individual components or parts of cnips, unless the part does not enjoy copyright or other statutory protection on its own (e.g., as a related right).
5. Widas reserves the right to partially or fully block access to cnips if the customer violates clauses 8.1 to 8.3 or otherwise breaches contractual obligations, or has enabled unauthorized use or exploitation of cnips or parts thereof by third parties. In deciding on such a block, Widas will take into account the legitimate interests of the customer and, if possible, notify the customer in advance and give them the opportunity to remedy the situation. The block will be lifted once the breach of obligation has been resolved.
6. The customer has no entitlement to the release of the source code of cnips. Decompiling cnips is prohibited. Mandatory rights of the customer under §§ 69d, 69e of the German Copyright Act (UrhG) remain unaffected.
7. All trademark rights, rights to business designations, name rights, trademark rights, copyrights, related rights, and other rights to cnips itself, to individual graphic and textual elements, and to the functionalities and services are the exclusive property of Widas and may not be used, distributed, copied, reproduced, made publicly accessible, performed, transmitted, or otherwise exploited without prior written consent from Widas, except as permitted under the contract.
Customer Obligations and Cooperation, Technical Requirements
1. The customer registers by entering the information required for contract execution as well as any optional details, either themselves or via users authorized by them. The information provided must be complete and truthful and must be promptly updated in the event of any changes. Widas is entitled to block or delete accounts in accordance with Section 11 if data essential to the provision and execution of services is found to be false or incomplete.
2. To use cnips, the customer requires a suitable internet connection and a standard web browser; use of the cnips Web API may also be necessary.
3. The customer is solely responsible for the use of cnips. The customer is liable for the actions of authorized users as for their own. The customer shall ensure that users use cnips only to the extent contractually agreed.
4. When using cnips, the customer must comply with applicable law and respect the rights of third parties. The customer is solely responsible for ensuring compliance with legal requirements regarding the content and services uploaded or transmitted via cnips by the customer or their users.
5. The customer is obligated to prevent unauthorized third-party access to cnips through appropriate measures and must check their data and information for viruses or other harmful components before input, using up-to-date programs for malware protection in accordance with the state of the art.
6. The customer and their users are obligated to keep their “User ID” confidential and not disclose it to third parties. The customer must choose a secure password in line with current standards, keep it confidential, protect it from misuse, and change it when necessary. In case of misuse or suspicion thereof, the customer must immediately inform Widas in text form. The customer is solely liable for any misuse, unless Widas is solely or primarily responsible for the misuse.
7. The customer is obligated to promptly report any recognizable defects to Widas.
8. The customer must take appropriate precautions to prevent the loss of their content, including information processed via cnips. If backups by Widas are not part of the agreed services, this also includes making regular backups of the content entered into cnips by the customer, in line with the importance of the data.
9. With cnips, Widas merely provides the technical and organizational platform for content posted by the customer, their users, or third parties, including information processed via cnips. This content is considered third-party content by Widas. Such third-party content is only stored and, where necessary, automatically processed in connection with the use of cnips. Widas has no knowledge of such third-party content. Widas does not select or otherwise control this content. Likewise, Widas does not monitor customers or users of cnips or give them instructions. By providing cnips, Widas does not adopt such third-party content as its own.
Customer Rights in Case of Defects
Widas shall provide the agreed service to the customer in accordance with the contract for the duration of the contractual term. For any period during which the usability of the service is reduced due to a defect or poor performance, the customer shall only be required to pay a reasonably reduced fee for the service, unless a different form of compensation (such as service credits) has been agreed for such poor performance. Other statutory claims of the customer due to defects or poor performance remain unaffected. Strict liability for defects that already existed when cnips was made available is excluded.
Blocking or Deletion of Access by Widas
1. Widas is entitled to temporarily block access by the customer or their users, in whole or in part, if there is a justified suspicion that the processed content, including information processed via cnips, is unlawful or infringes the rights of third parties. A justified suspicion of unlawfulness or infringement exists in particular if courts, authorities, or other third parties notify Widas. When deciding on such a block, Widas will consider the legitimate interests of the customer and, if possible, inform the customer in advance and provide an opportunity to remedy the issue. The block will be lifted once the violation has been remedied.
2. Widas may delete the affected access if the customer or their users do not immediately eliminate the violation or fail to cooperate in clarifying the facts despite being requested to do so. In the prior request for comment, Widas will inform the customer that deletion of the affected access is imminent if the customer does not cooperate in clarifying the facts or fails to eliminate the breach or legal violation promptly.
3. Notwithstanding the right to block or delete access, Widas remains entitled to terminate the contract with the customer in full or assert further claims, in particular claims for damages.
Liability
1. The liability of Widas and its legal representatives, vicarious agents, or subcontractors is governed by the statutory provisions, subject to the following conditions.
2. For the provision of free services, Widas is only liable in the event of injury to life, body, or health, or for other damages caused by intentional, grossly negligent, or fraudulent breaches of duty by Widas. Otherwise, Widas’s liability is excluded. Claims under the Product Liability Act remain unaffected.
3. In the case of paid services, Widas’s liability for simple negligence in the breach of essential contractual obligations is limited to the typical and foreseeable damage for such contracts. Essential contractual obligations within the meaning of this clause are those whose breach endangers the achievement of the contractual purpose, whose fulfillment enables the proper execution of the contract in the first place, and on whose observance the customer regularly relies. Outside the breach of such essential obligations, Widas’s liability for simple negligence is completely excluded for indirect damages, particularly lost profits.
4. The parties agree that the total of typical and foreseeable damages as defined in clause 12.1.1 will generally not exceed the amount of the remuneration for the past 12 calendar months, but at least EUR 250,000.00, and this amount shall mutually be treated as a liability cap. The customer shall inform Widas before contract conclusion if this liability cap is considered unsuitable.
5. Widas shall not be liable for data loss insofar as the damage is due to the customer’s failure to back up data and thereby ensure that lost data can be restored with reasonable effort.
6. The limitations of liability do not apply to claims based on intent and gross negligence, injury to life, body, or health, fraud, claims under the Product Liability Act, or in the case of guaranteed warranties. Warranties are only assumed by Widas if expressly designated as “guarantee” or “guaranteed” by Widas. Other terms, such as “assure” or “ensure,” do not constitute guarantees but merely describe the general performance obligation of Widas.
Remuneration, Payment Terms
1. The remuneration for the agreed services results from the contract or, if not specified in the contract, from Widas’s current price list at the time the service is provided. All prices are exclusive of statutory VAT.
2. Widas is entitled to adjust the remuneration with a notice period of four weeks in text form to the extent that the purchase prices from Widas’s suppliers change. Otherwise, Widas is entitled to increase the remuneration with a notice period of eight weeks in text form by up to five percentage points annually, but not before 12 months have passed since the contract began. If the price increase exceeds ten percent within three years, the customer is entitled to terminate the contract extraordinarily. The termination takes effect at the time the price increase would have become effective. If Widas revokes the price increase following the customer’s termination, the contract continues without the price increase. In this case, the customer’s termination is treated as if it had never occurred.
3. The remuneration is due upon receipt of the invoice and must be paid within 30 days. Invoices are issued and transmitted electronically. In the case of recurring payments, Widas is entitled to issue a one-time recurring invoice as long as the remuneration does not change. Payment must be made using one of the payment methods offered by Widas (e.g., bank transfer, credit card, SEPA direct debit, payment service providers). The terms and conditions of the respective payment service providers (e.g., PayPal) apply exclusively.
4. The customer must raise objections to the invoice in text form within eight (8) weeks of receiving the invoice. After this period, the invoice is deemed approved by the customer. Widas will inform the customer of this with the invoice. For any objections raised after this deadline, the customer bears the burden of proof.
5. If the customer fails to meet their payment obligations on time, Widas is entitled to block the customer’s and their users’ access to cnips according to clause 11, if the customer does not comply with a renewed request for payment within a reasonable grace period.
Term, Termination, Deletion of Access
1. Unless otherwise specified in the offer, the contract may be terminated with three months’ notice to the end of a calendar month, but not before the expiration of any agreed minimum term.
2. Either party may terminate the contract in whole or in part without notice for good cause within a reasonable period after becoming aware of the reason for termination. Good cause exists if facts are present which, taking into account all circumstances of the individual case and weighing the interests of both parties, make it unreasonable for the terminating party to continue the contract. If the good cause consists of a breach of a contractual obligation, termination is only permissible after the unsuccessful expiration of a deadline for remedy or after an unsuccessful warning, unless a deadline is dispensable according to § 314 in conjunction with § 323 para. 2 BGB. Good cause exists for Widas in particular if the customer is in default of payment for more than one month despite a grace period having expired. In the event of termination for good cause, Widas is entitled to remuneration for services rendered under the contract up to the effective date of termination. However, no remuneration is due for services for which the customer can demonstrate that they are of no interest to them due to the termination.
3. Upon termination of the contract, Widas will initially block the customer’s and their users’ access and delete them after one month.
Data Protection
1. Both parties shall process personal data exclusively in accordance with applicable data protection law. Upon conclusion of the contract, the data processing agreement attached as Annex 1 in accordance with Art. 28 GDPR becomes effective.
2. As the controller, the customer is solely responsible for determining whether the information disclosed to Widas in connection with the use of cnips constitutes personal data and whether the processing of such data is lawful.
Confidentiality
1. Both parties agree to maintain confidentiality regarding all confidential matters that become known to them during the preparation, execution, and fulfillment of the contract, in particular trade secrets of the other party, and not to disclose or otherwise exploit them except for fulfilling the contract. If necessary, the parties will enter into a separate non-disclosure agreement with priority over this clause.
Final Provisions
1. The exclusive, also international, place of jurisdiction for all disputes arising directly or indirectly in connection with the contract or the use of cnips is the registered office of Widas. Widas is also entitled to take legal action against the customer at their general place of jurisdiction. This clause does not apply to disputes involving non-pecuniary claims or if a mandatory exclusive place of jurisdiction is established by law.
2. The contract is governed by the law of the Federal Republic of Germany, excluding the UN Convention on Contracts for the International Sale of Goods (CISG) and conflict of laws rules; Art. 3 para. 3 and para. 4 Rome I Regulation remain unaffected.
3. No verbal side agreements have been made. Amendments and supplements to the contract must be made in text form. This also applies to any waiver of this text form requirement.
4. If any provision of the contract is or becomes wholly or partly invalid, the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with one that most closely reflects the economic intent of the parties at the time the contract was concluded. The same applies in the event of an unintentional gap in the contract. Until then, statutory law applies, unless the invalid or missing provision can be replaced or supplemented by interpreting the contract in accordance with §§ 133, 157 BGB.
5. The customer may only assign claims with the prior consent of Widas in text form. Widas will only withhold consent for good cause.
6. The transfer of the contract by Widas to a company affiliated under §§ 15 et seq. AktG (German Stock Corporation Act) is permitted. Widas will inform the customer of this in good time in advance. Otherwise, the transfer of the contract by either party requires the prior written consent of the other party.

Annex 1: Data Processing Agreement for cnips

Order and Provisions for Processing
1. This Data Processing Agreement (hereinafter “DPA”) specifies the data protection rights and obligations of the parties for all processing operations, which arise from the agreements already existing or to be concluded in the future between the parties (hereinafter “Main Contract”), under which Widas processes personal data on behalf of the Customer.
2. This DPA applies with all its components when the Customer is obliged to commission Widas with the processing of personal data (hereinafter “Data”) on behalf in accordance with Art. 28 GDPR. In the event of any contradictions, the provisions of this DPA with all its components shall take precedence over the provisions of the Main Contract and any other agreements between the parties.
3. The specific data protection provisions applicable to individual processing operations (hereinafter “Provisions”) are regulated before the start of processing in appendices to the DPA (hereinafter “Annexes”). These include in particular the subject and duration as well as the nature and purpose of the processing, the categories of data and the categories of data subjects, and, if applicable, the technical and organizational measures (hereinafter “TOM”).
4. The Annexes are part of the DPA. In case of any contradictions, the Annexes shall take precedence over the more general provisions in the DPA. If reference is made below or in the Annexes to the DPA, the DPA with all its components is meant. The contract includes the following annex: “Annex-Provisions”.
Responsibility and Processing on Instructions
1. The Customer is solely responsible under this DPA for compliance with the applicable legal provisions, in particular for the legality of the disclosure to Widas as well as the legality of the processing (“Controller” within the meaning of Art. 4 No. 7 GDPR). The Customer alone decides on the purposes and essential means of the processing.
2. Widas processes the Data only on documented instructions from the Customer, unless an exception pursuant to Art. 28 para. 3 lit. a GDPR applies (other legal processing obligation). Oral instructions must be confirmed in text form without delay. Instructions already issued by the Customer are derived from the Main Contract. If the Customer acts as a processor for a third party, the Customer’s obligations from this data processing shall apply directly as instructions to Widas, provided these obligations are stricter than those of this DPA. The Customer shall inform Widas of such third-party requirements in advance.
3. Widas shall correct or delete the data concerned by the contract or restrict its processing (hereinafter “blocking”) if instructed by the Customer and covered by the Customer’s instructions. Deletion is excluded to the extent that Widas is legally obliged to retain the personal data.
4. Widas shall inform the Customer immediately if it believes that an instruction violates applicable data protection provisions or this DPA. Widas may suspend the execution of the instruction until it is confirmed or amended by the Customer in text form. Widas may refuse to execute instructions that are clearly unlawful under data protection law.
5. Widas ensures that the persons authorized to process the Data (a) are aware of and comply with the Customer’s instructions and (b) have committed themselves to confidentiality or are subject to an appropriate legal obligation of confidentiality. The confidentiality obligation continues even after the processing has ended.
6. If the Customer acts as a processor for a third party, the obligations of Widas under this DPA also apply directly between the third party and Widas. This applies to all services that Widas provides to the third party on behalf of the Customer. In particular, the third party shall have the audit and information rights under section 8 directly against Widas.
Security of Processing
1. Widas has established TOMs in accordance with Art. 32 GDPR to ensure an appropriate level of protection of the Data, taking into account the state of the art, implementation costs, and the nature, scope, context, and purposes of processing as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons. Widas shall make the TOMs available to the Customer in text form at any time upon request.
2. Changes to the TOMs are reserved by Widas, provided that the agreed level of protection is not undermined. Changes to the detriment of the Customer require the Customer’s prior consent in text form.
Notification of Data Breaches and Processing Errors
1. Widas shall notify the Customer without delay if it becomes aware of a breach of the protection of data entrusted to it by the Customer within the meaning of Art. 4 No. 12 GDPR in its organization or if there is a concrete suspicion of such a data breach at Widas.
2. If the Customer identifies errors in processing, it shall notify Widas without delay.
3. Widas shall immediately take the necessary measures to remedy the data breach pursuant to 4.1 or the error pursuant to 4.2 and to mitigate any possible adverse effects, particularly for the data subjects. Widas shall coordinate with the Customer in this regard. Oral notifications shall be subsequently submitted in text form without delay.
Transfer of Data to a Recipient in a Third Country or an International Organization
The transfer of data to a recipient in a third country outside the EU and EEA is permissible subject to the conditions set out in Art. 44 et seq. GDPR. Details shall be regulated, if necessary, in one or more annexes.
Subcontracting by Widas
1. Widas may have personal data processed in whole or in part by further processors (hereinafter “Sub-processors”).
2. Widas shall inform the Customer in text form in advance of any intended engagement or change in sub-processing. The Customer may object in text form within four weeks after becoming aware, for good cause. Good cause exists in particular if there are justified doubts as to whether the Sub-processor will perform the agreed services in accordance with applicable data protection laws or this DPA. In the event of a justified objection, the Customer shall grant Widas a reasonable period to replace the Sub-processor concerned. If this is not possible for Widas or unacceptable for the Customer, the parties shall agree on further action. If no agreement is reached, the Customer may terminate the Main Contract with respect to the affected services for cause.
3. Widas shall conclude the same provisions as in this DPA with the Sub-processor. In particular, the TOMs to be agreed with the Sub-processor must ensure an equivalent level of protection.
4. Widas shall conclude the same provisions as in this DPA with the Sub-processor. In particular, the TOMs to be agreed with the Sub-processor must ensure an equivalent level of protection.
5. Services that Widas uses merely as ancillary services to support its business operations outside of data processing do not qualify as sub-processing within the meaning of this clause. However, Widas is obliged to take appropriate measures to protect the data even for such ancillary services.
Rights of Data Subjects and Support for the Customer
If a data subject asserts claims under Chapter III of the GDPR against either party, that party shall inform the other party without delay. Widas shall support the Customer to the extent possible in handling such requests and in complying with the obligations under Art. 33 to 36 GDPR.
Customer’s Rights to Audit and Information
1. Widas shall demonstrate compliance with its obligations to the Customer using appropriate means. The Customer shall review their suitability.
2. To demonstrate compliance with the agreed protective measures and their effectiveness, Widas may refer to appropriate certifications or other suitable audit reports. Suitable examples include certifications under Art. 40 GDPR or audit evidence under Art. 42 GDPR. In addition, ISO 27001 or ISO 27017 certifications, ISO 27001 certification based on IT baseline protection, certifications based on recognized industry standards, or audit evidence under SOC / PS 951 may be considered. The certification and audit procedures must be conducted by a recognized independent third party. Widas shall provide its certificates or audit evidence. Other suitable evidence (e.g., activity reports of the data protection officer or excerpts from auditors’ reports) may also be provided. The Customer’s right to inspection under section 8.3. remains unaffected.
3. The Customer is entitled, during regular business hours and without disrupting business operations, to conduct inspections at Widas with prior notice and a reasonable lead time to verify compliance with this DPA. Widas may make the inspection conditional upon the signing of a confidentiality agreement regarding other customers’ data and the TOMs.
4. To address the findings of an inspection, the parties shall agree on the measures to be taken.
5. If a supervisory authority exercises its powers under Art. 58 GDPR, the parties shall inform each other immediately. They shall support each other in fulfilling the obligations towards the respective supervisory authority in their respective area of responsibility.
Liability and Compensation
1. If a data subject asserts claims for damages against either party due to a breach of data protection provisions, the claimed party shall inform the other party without delay.
2. The parties shall be liable to data subjects in accordance with Art. 82 GDPR, taking into account the priority liability rules set out in the Main Contract.
3. The parties shall support each other in defending against claims for damages from data subjects unless this would jeopardize one party’s legal position in relation to the other party, the supervisory authority, or third parties.
Costs
Any costs incurred by Widas due to measures taken by the Customer shall be borne by the Customer, unless covered by the remuneration under the Main Contract. This applies in particular to costs incurred due to inspections and audits by the Customer under section 8.3.
Term
1. The DPA is concluded for an indefinite period. The term of an annex is governed by the respective annex; without such a provision, the annex shall be deemed to run indefinitely.
2. The DPA may be terminated with three months’ notice to the end of a quarter if all annexes have been terminated simultaneously or previously.
3. An annex ends upon termination of the associated Main Contract without the need for separate termination. In this case, Widas shall, at the Customer’s discretion, either return or delete the data processed under the annex in compliance with data protection. If Widas is legally obliged to retain such data, it shall notify the Customer in text form.
Endangerment of the Data at Widas
If the Customer’s data at Widas is endangered due to seizure or confiscation, insolvency or composition proceedings, or other events or actions by third parties, Widas shall inform the Customer immediately in text form. Widas shall immediately inform all responsible parties that the responsibility for the data lies solely with the Customer.
Final Provisions
1. The final provisions in the General Terms and Conditions shall apply.