General Terms and
Conditions

Preamble

‍Bion Analytics Unternehmergesellschaft (limited liability), hereinafter referred to as “Provider”, delivers comprehensive services in the fields of data automation, business intelligence, as well as managed services for financial reporting and accounting outsourcing. These General Terms and Conditions govern the provision of services by the Provider to its customers.

(1) Scope

1. These General Terms and Conditions apply to all contracts, deliveries, and other services agreed upon between the Provider and its customers. Deviating conditions of the customer are only recognized if we expressly agree to their validity in writing.
2. Insofar as special conditions apply to certain services, these supplement the present GTC. In case of contradictions, the special conditions take precedence.

(2) Subject Matter of the ContractThe Provider delivers services in the areas of Software as a Service (SaaS), managed services for financial reporting and accounting outsourcing, as well as additional IT services according to the specific agreements in the individual contract or offer.

(3) Conclusion and Duration of the Contract

1. Contracts are concluded by the customer accepting an offer from the Provider. Acceptance can be in writing, electronically, or by using the service.
2. The duration of the contract is governed by the respective agreements in the individual contract.

(4) Obligations of the Provider

1. The Provider commits to delivering the agreed services according to the stipulations of the contract and these GTC.
2. The Provider will inform the customer about significant changes to the service provision.

(5) Obligations of the Customer

1. The customer commits to using the services provided by the Provider in accordance with the agreements in the contract and these GTC.
2. The customer will provide the Provider with all information necessary for the provision of services.

(6) CompensationThe compensation for the provided services is based on the agreements in the individual contract.

(7) Liability

1. The Provider is liable for damages caused by intentional or grossly negligent actions of its employees or vicarious agents, according to legal provisions.
2. For slight negligence, the Provider is only liable in case of a breach of essential contractual obligations and limited to the foreseeable, contract-typical damage.

(8) Force Majeure

1. The Provider is released from the obligation to perform under this contract to the extent that the performance disturbance is due to the occurrence of force majeure after the conclusion of the contract.
2. Circumstances of force majeure include, for example, war, strikes, unrest, expropriation, cardinal legal changes, storm, floods, and other natural disasters, as well as other circumstances not attributable to the Provider. These particularly include water damage, power outages, and the unculpable destruction of data-carrying lines or infrastructure.
3. Each party shall immediately and in writing notify the other party about the occurrence of a force majeure event.

(9) Data ProtectionThe Provider commits to comply with the legal provisions on data protection and to treat all personal data confidentially.

(10) Reference Naming

1. The Provider is authorized to use the name and logo(s) of the customer for its own media presence as a customer reference. The customer may object to the reference naming at any time for the future. Order details or names or departments of contact persons of the customer may not be used.
2. Information and documentation cleansed of personal data may be freely used by the Provider in anonymized form for the creation of benchmarks, industry reports, white papers, and media contributions, as long as no contract-specific details are mentioned.

(11) Final Provisions

1. The law of the Federal Republic of Germany shall apply. The exclusive place of jurisdiction for disputes arising from this contract is the seat of the Provider.
2. No oral side agreements have been made. Changes to this contract are only valid if agreed upon in writing between the contracting parties. This also applies to the amendment of this clause requiring written form.
3. Should a provision of this contract be or become invalid, this shall not affect the validity of the remainder of the contract.

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