Jakob & Sozien Client-box

Preamble

(1) Jakob & Sozien Partnerschaft mbB, Wilhelmshöher Str. 1, 34225 Baunatal (hereinafter: J & S) provides selected clients (hereinafter: clients) at their request with an electronic Client-box that is individual for the respective client.

(2) The Client-box is intended to enable clients to access client-related data via the Internet more easily and from any location.

(3) The following terms and conditions apply to this:

§ 1 Performance of J & S / Fees

(1) The Client-box is only made available to clients selected at the discretion of J & S and only with their express consent.

(2) Any fees are agreed individually.

§ 2 Authorized Access Persons

(1) The Client-box is individualized. Only the respective client and J & S are authorized to access his area.

(2) J & S is free to decide which of its employees to grant access. All employees are subject to an obligation of confidentiality. The same applies to freelancers from J & S.

(3) Third parties are only granted access with the express consent of the client.

§ 3 Access

(1) Access is online by entering an individual password.

(2) Connecting the client to the Internet, maintaining the network connection and procuring and providing the hardware and software required by the client is not part of the service. The interface for the service is the transition point to the Internet of the data center used by J & S.

§ 4 Content of the Client-box

(1) J & S is entitled to place documents with personal data and confidential content in the Client-box.

(2) J & S decides at its own discretion which documents are posted and when and whether these documents are deleted again - after prior notice. A claim to completeness and permanence does not exist. Accidentally / incorrectly posted documents can be deleted immediately without prior notice.

(3) If clients post documents, J & S is entitled to delete them at any time after prior notice, in the event of misuse even without prior notice (e.g. posting irrelevant or infringing content).

§ 5 Communication via the Client-box

The Client-box is an additional offer to the conventional communication channels (post, e-mail, etc.). The Client-box is not intended to replace conventional communication. Therefore, neither J & S nor the client are required to check the Client-box for incoming communications at regular intervals. Declarations placed in the Client-box are only deemed to have been received if they are actually acknowledged by the recipient of the declaration.

§ 6 Duties / obligations of the client

(1) The Client-box is to be used by the client with the customary care, in particular the client is held responsible

• dto keep the connection identifier (e.g. login name, passwords) secret and to protect it from access by unauthorized persons.
• to check its data and information for harmful content, in particular viruses, and to use state-of-the-art virus protection programs.
• to store the data he has entered in the Client-box securely in another way
• to notify J & S immediately of any disruptions/loss of data.

 (2) The client will immediately notify J&S of any unauthorized use of passwords or access options or other breaches of data security that you have become aware of or suspect.

(3) The client is responsible for the use of his access and is liable for any misuse that occurs, in particular

• an "impairing" use that affects the availability of the Client-box or the servers and networks
• the posting of illegal content (e.g. in violation of criminal law or copyright)

J & S and its vicarious agents are to be released from any claims by third parties, fines or penalties.

§ 7 no liability for access disruptions and data loss

(1) J & S does not pay any compensation for access disruptions or loss of data on the Client-box. This does not affect the client's right to reduce the fee appropriately if disruptions/loss of data fall within J&S's sphere of responsibility.

(2) All documents posted by J & S are stored and secured externally, including outside of the Client-box. If necessary, J & S will make them available outside of the Client-box at short notice at the request of the client.

(3) The client is also required to externally store and secure documents that he has posted. The Client-box is not used as a storage medium.

§ 7a Liability for Cyber ​​Risks

(1) Irrespective of the provision in Section 7, liability for cyber risks is limited to €750,000 per claim and a maximum of 2 times €750,000 per year. J & S has taken out appropriate liability insurance with an appropriate liability sum.

(2) Cyber ​​risks are damages that

• from an information security breach (privacy, data confidentiality or network security breach) or
• result from the loss, alteration or unavailability of electronic data.

§ 7b Liability for simple negligence in, among other things, management consulting

Irrespective of the above regulations, J & S is liable for negligently caused damage in connection with the Client-box in the case of business consulting and other activities that do not fall within the scope of the Tax Consultancy Act or the Auditing Code:

• in the event of a breach of essential contractual obligations, only the foreseeable, contract-typical damage
• otherwise only in the case of intent and gross negligence.

§ 7c general limitation of liability for tax advice and auditing

Irrespective of the above provisions, J & S is liable for tax advice and auditing for damages in connection with the Client-box up to a maximum of EUR 4 million per claim. The legal limitation of liability according to § 323 paragraph 2 HGB remains unaffected.

§ 7d no exclusion / limitation of liability u.a. in the case of intent

The liability exclusions and limitations of the above regulations do not apply in the case of: intent, injury to life, limb and health, damage that justifies the manufacturer's obligation to pay compensation under the ProdHaftG. This does not apply if and to the extent that liability is excluded by law.

§ 8 data protection

J&S only collects, stores and processes personal data to the extent necessary to operate the Client-box and to process the mandate. The data will be treated confidentially. A transfer to third parties only with the express consent of the client.

§ 9 data security

The J & S website has implemented security features that ensure protection against loss, misuse and manipulation of data. You can ask J&S for more information.

§ 10 google analytics

The J & S website uses Google Analytics, a web analytics service provided by Google Inc. ("Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer and enable an analysis of your use of the website. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. If IP anonymization is activated on this website, your IP address will be shortened beforehand by Google within member states of the European Union or in other contracting states of the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be sent to a Google server in the USA and shortened there. On behalf of the operator of this website, Google will use this information to evaluate your use of the website, to compile reports on website activity and to provide other services related to website activity and internet usage to the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You can prevent the storage of cookies by setting your browser software accordingly; we would like to point out to you however that in this case you will if applicable not be able to use all functions of this website in full. You can also prevent Google from collecting the data generated by the cookie and related to your use of the website (including your IP address) and from processing this data by Google by clicking on the following link (http:// tools.google.com/dlpage/gaoptout?hl=de) and install the available browser plugin. You can find more information on this at tools.google.com/dlpage/gaoptout or at www.google.com/intl/de/analytics/learn/privacy.html (general information on Google Analytics and data protection). We would like to point out that on this website Google Analytics has been expanded to include the code "gat._anonymizeIp();" in order to ensure anonymous recording of IP addresses (so-called IP masking).

§ 11 Termination of the Client-box

(1) J & S is entitled to stop the service at any time after prior notice, in the event of misuse (e.g. posting irrelevant or infringing content by the client) even without prior notice.

(2) The client is also entitled to terminate the Client-box at any time with a notice period of 2 weeks to the end of the month.

§ 12 Place of Performance / Exclusive Place of Jurisdiction / Applicable Law

(1) The place of performance and exclusive place of jurisdiction for all disputes arising in connection with the use of the Client-box is Kassel, insofar as the client is a merchant or is equivalent to a merchant.

(2) The substantive law of the Federal Republic of Germany applies exclusively, excluding the UN Sales Convention (CISG) and international private law.