General Terms and Conditions (AGB)
1. scope of application
1.1 These General Terms and Conditions (GTC) apply to all contracts concluded between Information Security Experts GmbH and the customer.
1.2 Deviating conditions of the customer are not recognized, unless Information Security Experts GmbH has expressly agreed to their validity in writing.
1.3 The GTC shall also apply to all future business relationships, even if they are not expressly agreed again.
2. service description
2.1 The services to be provided by Information Security Experts GmbH are specified in the contract. Services outside of this contract are offered separately and only provided after an order has been placed.
2.2 The modules specified in the contract include, among other things
-
Basic modules: CISO services, ISMS implementation, information security management, training.
-
User awareness: SoSafe training platform including configuration and campaigns.
-
Corporate monitoring: provision of a SIEM solution, SOAR integration and emergency management.
-
Penetration testing: Regular infrastructure security tests.
-
Certification Modules: Support for ISO27001, TISAX, NIS2 and DORA.
2.3 The minimum purchase for certain services, such as corporate monitoring, is 10 TB per year.
3. place of performance
3.1 The services are provided remotely by Information Security Experts GmbH. If on-site services are required, this will take place at the customer’s address, unless otherwise agreed.
4 Contract duration, term and termination
4.1 The contract begins on the date of signature and has a minimum term of 36 months.
4.2 Termination before the end of the first contract term is only permitted in the event of extraordinary termination. Otherwise, an exit fee of 80% of the remaining contract months must be paid. For Google services, the termination fee is 100%.
5. terms of payment
5.1 Invoices are due for payment in accordance with the payment deadline in the contract. The statutory value added tax shall be added.
5.2 In the event of late payment, interest on arrears shall apply in accordance with § 288 BGB II. If payment is delayed by more than four weeks, Information Security Experts GmbH reserves the right to suspend services.
6. travel expenses
6.1 All expenses and travel costs incurred in the fulfillment of the contract shall be borne by the customer, including hotel accommodation, flights and transfers.
7. liability
7.1 The liability of Information Security Experts GmbH is limited to intent and gross negligence, unless essential contractual obligations are violated.
7.2 In the event of slight negligence, Information Security Experts GmbH shall only be liable for foreseeable and typical damages.
8. data protection and confidentiality
8.1 The employees of Information Security Experts GmbH undertake to comply with the EU General Data Protection Regulation (GDPR) and to maintain confidentiality.
8.2 All personal data will be treated as strictly confidential and processed only in the context of the fulfillment of the contract.
9. final provisions
9.1 Subsidiary agreements, amendments and supplements to this contract must be made in writing. This also applies to the waiver of the written form clause.
9.2 German law shall apply exclusively. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
9.3 The place of jurisdiction for all disputes is Munich.
9.4 Should any provision of these GTC be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by a valid provision that comes closest to the economic purpose.
These General Terms and Conditions enter into force upon signature of the contract.