General terms and conditions of autarc GmbH‍

‍§ 1 Scope, subject matter of contract

(1) The subject matter of the contract is the provision of the contractually agreed software in its latest version. The scope of these terms and conditions is exclusively business transactions with entrepreneurs.

(2) The type, content and scope of the services to be provided by the provider result from the contract and, if applicable, from the service and/or product description underlying the respective contract.

(3) The software is operated by the provider as a web-based SaaS or cloud solution. The customer is enabled to use the software stored and running on the servers of the provider or a service provider commissioned by the provider via an Internet connection for his own purposes during the term of this contract and to store and process his data with its help.

(4) These general terms and conditions apply exclusively. Conflicting or deviating terms and conditions of the customer are not part of the contract and are not recognized unless the provider has expressly agreed to their validity. This also applies if the provider performs services without reservation in the knowledge of conflicting or deviating terms and conditions of the contractual partner.

‍§ 2 Registration and conclusion of contract via the website
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‍Contracts via the provider's website are concluded as follows: By registering with his name, email and company, the customer submits an offer to conclude this user agreement. The provider checks the corresponding registration. The user will then receive a confirmation email with their login details. Upon receipt of the confirmation email, the contract is considered concluded.

‍§ 3 Services provided by the provider
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(1) The software provided by the provider is used to calculate and create a report on the building heat load in accordance with consumption methods in accordance with DIN/TS 12831-1:2020 -04 and the national supplement (DIN IN 12831-1:2017 -09 section 7).

(2) For the contractually defined period, the provider allows the customer to use the calculation prepared on the basis of the customer's input and the resulting report via the Internet at www.app.autarc.energy. In addition, the customer has the opportunity to save electronic photos/PDFs to the specified extent.

(3) The provider provides the customer with the latest version of the software for use at the router output of the data center where the server with the software is located (“transfer point”). The software, the computing power required for use and the required storage and data processing space are provided by the provider. However, the provider is not responsible for establishing and maintaining the data connection between the customer's IT systems and the described transfer point.

(4) Unless otherwise agreed between the parties, the provider does not owe any adjustment or reprogramming of the software. At the customer's request, the provider provides such services or training in accordance with the current price list.

(5) The provider will receive the software in a condition suitable for use in accordance with the contract and carry out the necessary maintenance and repair work (“maintenance”). The appropriate measures are carried out at regular maintenance intervals and when defects, faults or damage occur. The provider preferably carries out maintenance work outside normal business hours (between 20:00 and 6:00). Longer interruptions due to maintenance work are notified to the customer at an early stage.

(6) Insofar as the software runs exclusively on the servers of the provider or a service provider commissioned by the provider, the customer does not require any copyright usage rights to the software, nor does the provider grant any such rights. However, for the term of the contract, the provider grants the customer the non-exclusive, non-transferable right limited in time to the duration of the user agreement to load the user interface of the software into the memory of the terminal devices used for this purpose in accordance with the contract and to make the resulting duplications of the user interface.

(7) The right of use applies to the number of users agreed in the contract. As required, the customer can increase the number of authorized users of the software in accordance with the provider's current prices. After conclusion of the contract, the provider immediately provides the customer with access data in electronic form for the corresponding number of authorized users.

‍§ 4 Availability of the service
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(1) The provider can guarantee an annual average availability of 98%. However, this does not entail a corresponding guarantee.

(2) The provider is not liable for availability disruptions due to force majeure events. Force majeure is equivalent to theft, general Internet disruptions or other circumstances insofar as they are unforeseeable, serious and through no fault of the provider. As far as this is possible and reasonable under the circumstances, the provider will immediately inform the customer of the occurrence of such an event. The provider is obliged to do everything in its power to achieve rapid elimination of such faults.

(3) The provider is in no case liable for availability disruptions caused by the customer, the telecommunications service provider, the customer's access provider or mobile service provider or otherwise by third parties who cannot be influenced by the provider.

(4) Maintenance periods (Section 3 (3)) do not count as downtime in the availability of the software.

(5) The customer is obliged to notify the provider in writing immediately and as precisely as possible of functional failures, faults or problems with the software. If the customer fails to cooperate, Section 536c BGB applies accordingly.

‍§ 5 Rights to data processing, data backup
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(1) The provider complies with the legal data protection regulations.

(2) For the purposes of contract execution, the customer grants the provider the right to reproduce the data to be stored by the provider for the customer, insofar as this is necessary to provide the services owed under this contract. The provider is also entitled to store the data in a failure system or separate outage data center. In order to eliminate faults, the provider is also entitled to make changes to the structure of the data or the data format.

(3) If and to the extent that the customer processes personal data of third parties on IT systems for which the provider is technically responsible, the order processing agreement attached as an appendix to this contract applies with regard to the order processing relationship.

‍§ 6 Payment terms, late payment
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(1) All prices are net prices and include any sales tax, customs duties and other charges to be paid.

(2) For payment, the customer can usually choose between direct debit (SEPA direct debit), bank transfer and, if applicable, other payment systems offered by the provider, via third-party payment service providers (e.g. credit card, PayPal, etc.). License fees must be paid monthly or annually in advance. Fees are due within 14 days of invoicing and must be transferred to the account listed on the invoice or charged to the specified account or credit card. If the customer chooses a payment system for which he has registered with the respective payment service, the respective terms of use and data protection apply to this contractual relationship.

(3) Objections to invoices must be raised by the customer, at least in writing, within 14 working days after invoicing. Subsequent complaints will not be accepted.

(4) If the customer delays payment of a payment due by more than four weeks, the provider is entitled to block access to the software after a prior reminder setting a deadline and expiry of the period. The provider's claim for compensation remains unaffected by the blocking. Access to the software will be reactivated immediately after payment of the arrears. The right to block access exists as a more lenient means even if the provider has the right to extraordinary termination.

(5) After expiry of the agreed contract period, in accordance with registration, the provider may adjust the prices as well as the rates for an agreed remuneration based on the general price development. If the fee increase is more than 5%, the customer can terminate the contractual relationship at the end of the current contract month.

(6) The remuneration for other services is based on the provider's current price schedule.

‍§ 7 Customer's obligations to cooperate
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(1) The customer will support the provider in providing the contractual services to an appropriate extent.

(2) As far as possible by the provider, the customer is responsible for properly and regularly backing up his data. This also applies to documents provided by the provider in the course of contract processing.

(3) In order to use the software, the customer must meet the system requirements resulting from the product description. The customer himself is responsible for this.

(4) Insofar as the customer provides the provider with protected content (e.g. graphics, trademarks and other content protected by copyright or trademark law), he grants the provider all rights necessary to carry out the contractual agreement. In particular, this includes the right to make the relevant content available to the public. In this context, the customer assures that he has all necessary rights to provided customer materials in order to grant the provider the corresponding rights.

(5) The customer must keep the access data provided to him secret and ensure that any employees who are provided with access data also do so. The provider's services may not be made available to third parties unless this has been expressly agreed by the parties.

(6) The customer is also prohibited from the following actions:
- Use of mechanisms, software, or scripts in connection with the use of the software. However, the customer may use the interface and transfer options that the provider provides as part of the service (e.g. transfer of the heating report to a specialist contractor).
- Block, overwrite, modify, copy, insofar as this is not necessary for proper use of the software.
- Distribution and public presentation of the content of the provider's software and other products, unless it is intended for (for example to specialist companies, energy consultants, etc.).
Any action that is likely to impair the functionality of the IT infrastructure, in particular the server and the connection to the Internet, in particular to excessively burden it.

‍§ 8 Warranty
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‍In principle, the legal regulations governing warranty in rental contracts apply. Sections 536b BGB (knowledge of the defect upon conclusion or acceptance of the contract), 536c BGB (defects occurring during the rental period; notification of defects by the tenant) apply. However, the application of Section 536a (2) BGB (tenant's right of self-removal) is excluded. The application of Section 536a (1) BGB (landlord's liability for damages) is also excluded, insofar as the standard provides for liability independent of fault.

‍Section 9 Support
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‍The provider provides the customer with customer service via e-mail to eliminate technical faults and correct errors that occur when using the software. The provider's customer service is available Monday to Friday, 09:00 to 17:00, as follows: E-mail: hello@autarc.energy. In addition, further support, maintenance and care services can be agreed separately.

‍§ 10 Liability and Compensation
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(1) The provider is liable for damage caused by the customer intentionally or grossly negligence, which is the result of the absence of a guaranteed quality, which is based on a culpable breach of essential contractual obligations (so-called cardinal obligations), is the result of a culpable injury to health, body or life, or for which liability is provided under the Product Liability Act, in accordance with legal provisions.

(2) Cardinal obligations are those contractual obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely, and whose violation, on the other hand, jeopardizes the achievement of the purpose of the contract.

(3) In the event of a breach of a cardinal obligation, liability — insofar as the damage is based only on slight negligence — is limited to such damage which must typically be expected when using the software subject to the contract.

(4) Otherwise, liability — irrespective of the legal basis — is excluded. The above restrictions also apply in favor of the provider's legal representatives and vicarious agents if claims are made directly against them.

(5) If damage to the customer results from the loss of data, the provider is not liable for this, insofar as the damage would have been avoided by regular and complete backup of all relevant data by the customer. The customer will carry out or have a regular and complete data backup carried out by himself or by a third party and is solely responsible for this.

‍§ 11 Customer data and indemnification from third-party claims
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(1) The customer undertakes to the provider not to post any punishable or otherwise illegal content and data absolutely or in relation to individual third parties and not to use any programs containing viruses or other malicious software in connection with the software. In particular, he undertakes not to use the software to offer illegal services or goods. The customer is responsible for personal data relating to himself and his users and must therefore always check whether the processing of such data through the use of the software is based on appropriate permission.

(2) The customer is solely responsible for all content and processed data used by him or his users as well as any legal positions required for this purpose. The provider is not aware of the content of the customer or its users and generally does not check the content used with the software.

(3) In this context, the customer undertakes to indemnify the provider from any liability and any costs, including possible and actual costs of legal proceedings, if the provider is claimed by third parties, including by employees of the customer personally, as a result of alleged acts or omissions by the customer. The provider will inform the customer of the claim and, insofar as this is legally possible, give him the opportunity to defend the claim made. At the same time, the customer will immediately provide the provider with all information available to him regarding the facts that are the subject of the claim.

(4) Any further compensation claims made by the provider remain unaffected.

‍§ 12 Contract period and termination of contract
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(1) The contract comes into force upon signature and has the contractually agreed term.

(2) Contracts without a fixed term can be terminated with a notice period of 14 days to the end of the month. Contracts with a fixed term have the agreed term and are automatically extended by one year at a time unless they are terminated by one of the parties with a notice period of three months before the end of the respective term.

(3) Both parties reserve the right to give extraordinary notice of termination for good cause if the legal requirements are met. There is an important reason for the provider in particular if, despite a reminder, the customer is more than two months in arrears with payment of a fee due. If the customer is responsible for the reason for termination, the customer is obliged to pay the provider the agreed remuneration minus expenses saved by the provider up to the date on which the contract would end at the earliest in the event of ordinary termination.

(4) Notices of termination must be made in writing in order to be effective.

(5) After termination of the contract, the provider must return to the customer all documents and data carriers provided by the customer and still in the possession of the provider, which are related to the present contract, and delete the data stored by the provider, provided that there are no storage obligations or rights.

‍§ 13 Confidentiality
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(1) The parties are obliged to keep permanently secret all information that has become known or becomes known to them in connection with this contract about the other party, which is marked as confidential or is identifiable as business and trade secrets (hereinafter: “confidential information”), not to pass on to third parties, record or otherwise exploit it, unless the other party has expressly and in writing agreed to the disclosure or use, or the information must be disclosed as a result of a law, court decision or administrative decision.
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(2) The information is not confidential information within the meaning of this paragraph 13 if it
- were already known to the other party before, without the information being subject to a confidentiality obligation, being generally known or becoming known without breaching the assumed confidentiality obligations,
- be disclosed to the other party by a third party without breaching a confidentiality obligation.
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(3) The obligations under this Section 13 shall survive the end of this Agreement.

‍Section 14 Transfer of rights and obligations
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‍The assignment of rights and obligations under this contract is only permitted with the prior written consent of the provider. The provider is entitled to entrust third parties with the fulfilment of the obligations arising from this contract.

‍Section 15 Ancillary Agreements and Contract Amendments
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‍There are no additional oral agreements. Amendments and additions to this contract must be made in writing.

‍§ 16 Reference
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‍The customer agrees that during the term of the contract, the provider has the right to present the customer as a customer of the provider on the website and other communication channels as well as in promotional materials online and offline using the name and logo.

‍§ 17 Final Provisions
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(1) This contract is governed exclusively by the laws of Germany, excluding conflict of law rules and the UN Convention on Contracts for the International Sale of Goods (CISG). The place of fulfilment is Berlin.

(2) Berlin is the exclusive place of jurisdiction for all current and future claims arising from the business relationship with merchants, legal entities under public law or special funds under public law. The same place of jurisdiction applies if the customer has no general place of jurisdiction in Germany, moves his place of residence or habitual place of residence out of Germany after conclusion of the contract, or his place of residence or habitual place of residence is unknown at the time the action is brought.

(3) Should one or more of the provisions agreed between the contracting parties be or become invalid, the effectiveness of the remaining provisions shall not be affected. Instead of the invalid provision, a provision shall be deemed to have been agreed which, within the limits of what is legally possible, comes closest to what was intended by the contracting parties in accordance with the original meaning and purpose of the ineffective provisions. Gaps in the contract must be filled in accordance with what the parties would have agreed upon upon a reasonable assessment of the factual and legal situation and taking into account the legitimate interests of the other party had they been aware of the need to resolve the issue. This also applies if the invalidity of a provision is based, for example, on a measure of performance or time (deadline or deadline) prescribed in the contract; a legally permissible measure of performance or time (deadline or deadline) that comes as close as possible to the intended purpose should then be considered agreed. This clause does not apply to the present general terms and conditions themselves.

(4) Each party agrees that this contract may also be signed by electronic signature using recognized digital signature software (e.g. DocuSign or Adobe Sign).

Status: March 05, 2024



General terms and conditions of autarc GmbH for supporting funding measures to apply for KfW funding for subsidy 458 in accordance with the guidelines for federal funding for efficient buildings — individual measures from 21.12.2023
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§ 1 Scope, subject matter of contract

(1) The following general terms and conditions of autarc GmbH, Hoppestrasse 31, 13409 Berlin apply to all paid and free orders placed by you in the above context.

(2) The type, content and scope of the services to be provided by the provider result from the contract and, if applicable, from the service and/or product description underlying the respective contract.

(3) Funding support is offered by the provider via its web-based SaaS or cloud solution.

(4) These general terms and conditions apply exclusively. Conflicting or deviating terms and conditions of the customer are not part of the contract and are not recognized unless the provider has expressly agreed to their validity. This also applies if the provider performs services without reservation in the knowledge of conflicting or deviating terms and conditions of the contractual partner.

§ 2 Conclusion of contract
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Contracts for the provider's SaaS or cloud solution are concluded as follows: The customer, who is already registered with autarc GmbH with his name, email and company, submits an offer to complete a paid service provision. A contract is concluded through active confirmation from the customer within the use of funding aid. With receipt of the BzA ID and funding guarantee, the contract is considered concluded.

§ 3 Services provided by the provider
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(1) The subject of these conditions is exclusively to assist the customer in applying for funding for the applicant in accordance with Federal Funding for Efficient Buildings — Individual Measures (BEG EM) for Heat Generation Systems (Heating Technology in accordance with Section 5.3 BEG EM) and heating optimization, in accordance with Section 5.4 BEG EM in the form of the KfW product “Heating Support for Private Individuals” (subsidy 458).

(2) The provider first provides a free funding review, which can be used to check the eligibility of the planned measure. The use of this examination is not mandatory or a prerequisite for completing funding. The customer prepares the funding test for his own customer, the homeowner. Alternatively, the input can also be activated for the homeowner. This service is provided free of charge.

(3) The provider provides fee-based support to apply for funding (the so-called funding aid), which can be commissioned by the customer. The provider supports the customer in the application process by preparing the confirmation of the application (BzA) and the confirmation after execution (BnD) as well as in verifying the necessary documents for the applicant. To do this, the customer must already be commissioned by the applicant to carry out the planned construction project (but only with suspension/canceling condition).

(4) The paid provision of services is generally carried out in three stages, namely (a) the review of the supply and service contract, (b) preparation of the BzA (possibly by a suitable third party) and (c) after implementation of the measure Preparation of the BnD (possibly by a suitable third party) with the prior review of all necessary documents.

(5) The review of the delivery and service contract includes exclusively the verification of: First and last name of the grant recipient (important: exactly as it appears in the identity card), address, object address, exact type of heat source, suspensive or canceling condition, in German, VAT shown, planned execution & implementation date and signature of both parties.

§ 4 Contracting partner
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(1) A free contract to check the eligibility of a funding measure is concluded as soon as the customer has completed the information requested in the funding review and has sent the form online using the “Check” button.

(2) When customers provide information, they must ensure that this information is accurate and comprehensive. This is important because the information provided can be regarded as subsidity-relevant facts in accordance with Section 264 of the Criminal Code in conjunction with Section 2 of the Subsidy Act, and misleading or false information could fall within the scope of subsidy fraud and thus be prosecuted. The customer is responsible for the accuracy and completeness of the information provided during the application process.

(3) A paid contract between autarc GmbH and the customer regarding assistance in applying for funding is effective in accordance with the usual conditions through an offer from one of the parties and its acceptance by the other party.

(4) By actively agreeing to the terms of use for funding support and then clicking on the “Order for a fee” option, the customer submits a binding offer to use autarc GmbH's services for a fee.

(5) After the customer has sent all necessary documents, in particular the delivery and service contract, to autarc GmbH, the company reviews the customer's offer for order. This review usually takes place within five working days of receipt of the offer.

(6) autarc GmbH will inform the customer of the decision as to whether the offer is accepted or rejected without undue delay via e-mail, fax, telephone, post or any other form of communication as a declaration of acceptance.

(7) The provider can also accept the offer by generating or having the provision promise (BzA) generated and sending the applicant or customer the identification number of the provision commitment (BzA-ID).

(8) After approval or by means of a separate notification, the contract text, which consists of the order, the declaration of acceptance or the notification of the preparation of the commitment to provide (BzA) and the transmission of the BZA ID, as well as the funding guarantee certificate, will be sent to the customer on a durable medium (either by e-mail or as a paper printout) (this is considered a contract confirmation). If consent is not given within thirty days, the offer to conclude a contract will be considered rejected.

§ 5 Funding guarantee
(1) If a paid contract for a funding measure in accordance with Section 4 is concluded between customer and provider, autarc GmbH guarantees the accuracy of the preparation of the BzA and BnD (to the best of its knowledge and belief) and determination of the funding amount through the KfW portal.

(2) The following conditions must be met for a funding guarantee:

(3) The provider is obliged to confirm the amount of funding and the suitability of the measure for funding to the customer in writing; and

(4) The planned funding measure is supported as part of the Federal Funding for Efficient Buildings (BEG EM) as an individual measure in the areas of heat generation (in accordance with the provisions in Section 5.3 BEG EM) or heating optimization (in accordance with Section 5.4 BEG EM). At the time the contract is concluded between the provider and the customer, this funding measure must have a minimum duration of four weeks in accordance with paragraph 4 (2) of the conditions; and

(5) It must be ensured that the budget earmarked for the applicant's funding application is still available to the funding provider. This means that there is no entitlement to the funding guarantee if the planned budget funds are no longer available or if the funding program in accordance with BEG EM or the specific KfW funding measure has ended or paused. There is no fundamental right to payment of the funding amount; and

(6) The application for the funding measure must be submitted by the applicant within four weeks. This deadline starts at the time when the provider's BZA ID and the sponsorship guarantee certificate for the specific object are submitted by autarc GmbH. If the applicant fails to submit within this fixed period, the funding guarantee will expire. Subsequent granting is excluded.

(7) Conditions on the part of the customer/the applicant:

(8) The applicant is the owner of a self-occupied single-family home and the highest possible eligible investment amount does not exceed €30,000. For investments that exceed this amount, the eligible investment amount is reduced by the funding provider to the maximum allowable amount, on the basis of which the funding amounts are then determined; and

(9) the planned investment project must be implemented within the territory of the Federal Republic of Germany; and

(10) both the applicant and the funding measure comply with all applicable legal requirements for funding the measure as an individual project in the area of constructing or expanding heat generation plants, in accordance with the provisions in Sections 5.3 or 5.4 BEG EM; and

(11) the information required to verify eligibility must be provided truthfully and comprehensively; all necessary information and documentation must be provided to the provider in due time; and

(12) the applicant has submitted the application successfully and within the specified time period using the complete data provided by the provider; and

(13) If hybrid support measures are involved, all eligible components, including accompanying measures, must be clearly identified in the applicant's information and in the invoice and clearly differentiated according to the associated eligible area (such as solar collector systems or heat pumps); and

(14) Only eligible items may be included on invoices; and

(15) The information and documents submitted to the funding provider when applying for funding must match the original information provided to verify the eligibility of the measure and must also be truthful in all respects. This information must remain valid throughout the application process. Any change in this information must be immediately notified to the provider and may result in loss of funding or funding guarantee; and

(16) Only applications for funding for heat generation systems (heating technology) are submitted within the framework of BEG EM. Should additional funding be applied for in the context of the BEG EM, this could potentially reduce the funding amount to zero; and

(17) No funding is requested for additional measures that are not cumulatively possible within the framework of BEG EM, the Federal Funding Directive for Efficient Buildings — Residential Buildings (BEG WG) or the Federal Funding Directive for Efficient Buildings — Non-Residential Buildings (BEG NWG). The simultaneous use of funding under the BEG European Championship and the funding programmes listed there under point 8.6 for the same eligible expenditure is excluded; and

(18) the provider's funding guarantee covers exclusively the granting of subsidies in accordance with the provisions of BEG EM; it is not valid for funding in the form of loans in accordance with the BEG EM guidelines; and

(19) No funding application for the same measure has been submitted to KfW so far, and none will be submitted in the future. A double application of this type is not permitted; and

(20) The funding measure covers all eligible devices regardless of the manufacturer, provided that they are approved in Germany. During the application process, no heat generation equipment other than that notified to the provider may be installed by the customer; and

(21) Before submitting the funding application, the applicant enters into binding supply and service contracts that are directly related to the measure to be implemented. These contracts contain clauses on resolving or suspending conditions, as described in Section 9.2.1 of the BEG EM Guidelines. These conditions ensure that, under certain circumstances relating to the funding commitment, the contract either becomes effective or can be terminated; and

(22) the use of the provider's services to support the funding process, as set out in paragraph 4 (2) of these conditions, must take place no later than four weeks before the end of the funding programme; and

(23) The restructuring measure is carried out on time, in accordance with the requirements of the BEG EM guidelines; and

(24) once the application has been submitted, the applicant does not make any changes to the application itself or to the actual implementation of the funding measure;

(25) If the funding agency refuses to pay the funding amount or parts of it by means of a decision and an appeal lodged against it is finally rejected, the reasons for this appeal against the rejection notice must be discussed in advance by the applicant with the provider. The provider must be notified of receipt of such a rejection notice without delay;

(26) The funding measures implemented comply with the time frame set by the funding provider or the provisions of the BEG EM.

§ 6 Guarantee promise

(1) The guarantee promise comes into force when the paid contract for a funding measure between the customer and the provider is concluded, in accordance with the provision in paragraph 4. It is limited to the amount of funding that can be identified after preparation of the requirement documentation (BnD), which results from the eligible investment costs of the invoices issued for the project and the maximum eligible costs.

(2) After completion of the funding measure, the customer must provide the provider with evidence of the actual funding amount. If the investment amount decreases retrospectively, the funding amount will also be reduced accordingly. However, a subsequent increase in the investment amount does not lead to an increase in the funding amount.

(3) The customer is obliged to check the funding notification for the accuracy of the information contained therein upon receipt and to report any discrepancies immediately to the provider. Deviations that are not communicated by the customer or are only communicated at a later stage are not covered by the funding guarantee.

(4) The customer is aware that although it is in principle possible to apply for funding from other bodies for the same measure, this may result in a reduction of the funding requested through the provider, up to a maximum of 60% of the eligible investment amount.

(5) Should it happen that a higher funding amount is promised but a lower investment amount is actually incurred, in particular because the eligible investment costs are lower than originally assumed, the guarantee amount is limited to this lower funding amount.

(6) After completion of the measure, the customer is obliged to immediately provide the provider with the following necessary, complete and truthful documents to determine the final funding amount via the provider's personal login area, in particular:

- Contractor declarations for each heat source to be promoted
- Final invoices for all eligible costs
- VDZ form to confirm hydraulic adjustment in accordance with method B
- Any other documents related to the specific funding measure.

The customer should only use the templates provided by the provider, if available. With the help of these documents, the provider creates the proof of requirement (BnD) and then transmits the BND ID to the customer or the claimant so that they can independently request the payout. Upon receipt, the customer is obliged to check the correctness of the information contained therein and to immediately report any discrepancies to the provider. Deviations that are not reported by the customer are excluded from the funding guarantee and cannot be claimed retrospectively.

(7) After the provider has received documentation on the actual implementation of the funding measure, it shall carry out a review. If the funding provider has already approved the funding through a decision, the provider prepares a proof of need (BnD). The identification number (ID) of this proof of requirement is then made available to the customer.

(8) The provider pays the funding amount to the applicant as a guarantee if the conditions in section 4 and paragraph 5 are met cumulatively, within 24 weeks.

(9) The guarantee promise explicitly does not apply to the additional income bonus.

§ 7 Prices, Invoicing and Payment Methods

(1) The provider charges a processing fee for the provision of services in accordance with sections 3, 4 and 5, the amount of which may vary depending on individual circumstances. Before ordering, the provider shall inform the customer of the amount of this fee.

(2) All prices are net and do not include statutory sales tax.

(3) There are no further costs unless the customer wishes to change the funding application retrospectively. Subsequent changes to the funding application will incur an additional processing fee.

(4) The provider charges its service immediately after a paid order has been placed by the customer.

(5) Payment is made immediately and without deduction by automatic payment of the means of payment provided by the customer via the provider Stripe Inc.

(6) Should the customer's funding application be rejected by the funding provider, the provider will charge a full processing fee.

(7) Payment is made by means of a previously issued SEPA direct debit letter mandate or credit card.
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§ 8 Liability and Compensation

(1) The provider is liable for damage caused by the customer intentionally or grossly negligence, which is the result of the absence of guaranteed quality, which is based on a culpable breach of essential contractual obligations (so-called cardinal obligations), is the result of a culpable injury to health, body or life, or for which liability is provided under the Product Liability Act, in accordance with legal provisions.

(2) Cardinal obligations are those contractual obligations whose fulfilment makes the proper execution of the contract possible in the first place and on whose compliance the contractual partner may regularly rely, and whose violation, on the other hand, jeopardizes the achievement of the purpose of the contract.

(3) In the event of a breach of a cardinal obligation, liability — insofar as the damage is based only on slight negligence — is limited to such damage which must typically be expected when using the software subject to the contract.

(4) Otherwise, liability — irrespective of the legal basis — is excluded. The above restrictions also apply in favor of the provider's legal representatives and vicarious agents if claims are made directly against them.

(5) If damage to the customer results from the loss of data, the provider is not liable for this, insofar as the damage would have been avoided by regular and complete backup of all relevant data by the customer. The customer will carry out or have a regular and complete data backup carried out by himself or by a third party and is solely responsible for this.

§ 9 Transfer of rights and obligations

The assignment of rights and obligations under this contract is only permitted with the prior written consent of the provider. The provider is entitled to entrust third parties with the fulfilment of the obligations arising from this contract.

§ 10 Ancillary agreements and contract amendments

There are no additional oral agreements. Amendments and additions to this contract must be made in writing.

§ 11 Final Provisions

(1) This contract is exclusively subject to the law of Germany, excluding conflict of law rules and the UN Sales Convention (CISG). The place of fulfilment is Berlin.

(2) Berlin is the exclusive place of jurisdiction for all current and future claims arising from the business relationship with merchants, legal entities under public law or special funds under public law. The same place of jurisdiction applies if the customer has no general place of jurisdiction in Germany, moves his place of residence or habitual place of residence out of Germany after conclusion of the contract, or his place of residence or habitual place of residence is unknown at the time the action is brought.

(3) Should one or more of the provisions agreed between the contracting parties be or become invalid, the effectiveness of the remaining provisions shall not be affected. Instead of the invalid provision, a provision shall be deemed to have been agreed which, within the limits of what is legally possible, comes closest to what was intended by the contracting parties in accordance with the original meaning and purpose of the ineffective provisions. Gaps in the contract must be filled in accordance with what the parties would have agreed upon upon a reasonable assessment of the factual and legal situation and taking into account the legitimate interests of the other party had they been aware of the need to resolve the issue. This also applies if the invalidity of a provision is based, for example, on a measure of performance or time (deadline or deadline) prescribed in the contract; a legally permissible measure of performance or time (deadline or deadline) that comes as close as possible to the intended purpose should then be considered agreed. This clause does not apply to the present general terms and conditions themselves.

Status: March 08, 2024

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