General Terms and Conditions

These contractual provisions apply to the use of the products and services of Betterspace GmbH. They are included in the contract upon conclusion of a contract.

The General Provisions are listed in Part I. Depending on the provision in the contract, the regulations for the sale of products are documented in Part II, the clauses applicable to the introductory phase in Part III, the regulations for the operation of the cloud products in Part IV and services in Part V of these GTC.

Part I: General Terms and Conditions

§ 1 Contractual components

1. Contractual components are:

The respective contract, which regulates services, technical requirements, prices, etc.
These GTC, which concern the legal conditions of the contract.
The annexes to these GTC.

Annex AVV: Regulations on order processing including further documentation. This documentation is named in the respective contract.
Attachment SLA support and availability (optional)

2. The GTC of Betterspace GmbH apply exclusively. The client’s general terms and conditions are not part of the contract.

3. Definitions

“Order processing”: Is order processing in the legal sense. The required documentation can be found in the AVV annex.
“Operational responsibility”: The operational responsibility describes the area in which Betterspace GmbH alone administers the technical system or the “standard software”.
“Change”: means any amendment, supplement, extension, or other deviation from the agreements requested by a party and agreed in writing.
“Third party”: Anyone else to whom Betterspace GmbH has not transferred any rights to use the technical system […] or the “standard software[…]”.
“Documentation”: Operating instructions for the technical system […]. This is always made available to the client online in the latest version.
“Node”: Interface or the transfer point from the respective data centre to data networks or into data networks that are not legally assigned to Betterspace GmbH, such as in particular the Internet or data networks of the client.
“Client “: The contractual partner of Betterspace GmbH, who may provide the “standard software” or the technical system […] for use either to its employees or its authorised employees.
“Contract”: The document Contract, which reflects the individual contract concluded between the client and Betterspace GmbH. The contract consists of the respective contract including its annex(es) and these GTC including their annexes.
“Employees”: These are the employees of Betterspace GmbH.
“Monitoring”: Is the monitoring of the function of the technical system […].
“Onsite software”: Is the “standard software” that is assigned to the individual devices (SW client licence).
“Release”: generic term for new software versions that are made available to the client.
“Standard software”: The software created or developed independently of a contractual relationship with the client, which is made available to the client via the cloud.
“Support work”: Work performed by Betterspace GmbH in an attempt to eliminate the “support case” that has occurred, to provide assistance or to realise an acceptable workaround.
“System environment”: The technical environment required for the proper operation of the “standard software”, the “onsite software […]” or the “technical system”. The required and recommended “system environment” is documented in the respective service description.
“Technical Change”: Is the modification of the product, the software, or the system environment by the client or a third party without the consent of Betterspace GmbH.
“Support case”: Means that the “product” provided to the client is not available or works incorrectly, that e.g. services such as data backup do not work, without Betterspace GmbH being responsible for this.
“Update”: Refers to a release developed to customise the “standard software” that is intended to maintain the functionality of the “standard software”.
“Upgrade”: Refers to a new programme version that contains an increase in performance and/or functionality compared to the previous programme version of the software.

§ 2 Conclusion of contract/involvement of a financing partner

Orders must be concluded in text form.
If the contract provides for a selection option according to which the client can purchase the goods himself or alternatively have them financed by a financing partner (e.g. leasing), then the financing partner shall be deemed to have assumed the client’s payment obligation.
If the financing partner does not enter into the client’s payment obligation, the client’s payment obligation remains as originally agreed.

§ 3 Performance obligations of the client

The client shall fulfil the performance obligations specified in the respective contract. In the event of late fulfilment, Betterspace GmbH shall inform the client that it is in default of acceptance.
The compensation for the default of acceptance can be specified as a lump sum in a contract. The client is at liberty to prove that Betterspace GmbH has incurred no or only minor damages.

§ 4 Remuneration

The amount of the remuneration is based on the respective contract and is to be paid without deductions in accordance with the mode regulated therein. The amounts stated there are net amounts.
Ongoing costs apply from the moment the products are available.
Any labour services shall be remunerated separately in accordance with the respective contract.
Betterspace GmbH reserves the right to assert rights of retention against the client in the event of payment arrears from the same contractual relationship. The client will be given a corresponding warning if Betterspace GmbH reserves the right to use the respective “product” and makes it dependent on the payment of outstanding items.
Betterspace GmbH is authorised to adjust the amount of remuneration for continuing obligations by an appropriate amount 12 months from the date of entering into the contract or the date of the last increase. The adjustment may not exceed the increase in the producer price index for information technology services (WZ08/62) published by the Federal Statistical Office. The scope of the adjustment is based on the index development between the index level at the time the contract was concluded or the last declaration of adjustment and the index level last published at the time of the new declaration of adjustment. If this index is no longer published, the index published by the Federal Statistical Office that most closely reflects the development of the average producer price index shall be used to determine the adjustment framework.
The client is also obliged to pay the usage fee incurred as a result of the authorised or unauthorised use of the “product” by “third parties”, unless the client is not responsible for the use. The client is responsible for proving that he is not responsible for the use.

§ 5 Liability

Betterspace GmbH shall be liable for the breach of material contractual obligations due to simple negligence to the extent that was or should have been apparent to it at the time the contract was entered into. Essential contractual obligations are those whose fulfilment is necessary to achieve the objective of the contract.
Claims for damages shall become time-barred 12 months from the moment the client was aware of the damage or should have been aware of it without gross negligence. With regard to damages resulting from injury to life, limb and/or health and/or the breach of a guarantee promise and/or which were caused by gross negligence or wilful intent, the statutory provisions on the limitation period shall remain unaffected. The provisions of the Product Liability Act shall also remain unaffected.
In all other respects, the statutory provisions apply.

§ 6 Force majeure

Cases of force majeure shall release both parties from their respective performance obligations for their duration and to the extent of their effects. The parties shall inform each other immediately in writing of all cases of force majeure (both their commencement and termination) within three (3) days of the date on which they become aware of the circumstances preventing the provision of the service.
If the notification is culpably delayed, each party shall be obliged to compensate the other party for any resulting damage.
Force majeure shall mean events for which neither party is responsible and which are not foreseeable at the time of conclusion of the contract and which may significantly impede, impair or frustrate the performance of the contract and which are beyond the control of the respective party and which could not have been prevented even by reasonable measures, such as war, riots, malware, sovereign decrees, mobilisation, terrorism, fire, natural disasters or strikes or lockouts.

§ 7 Subcontractor reservation and prohibition of direct commissioning

Betterspace GmbH has the option of providing the client with a list of subcontractors with whom Betterspace GmbH works on an ongoing basis. The client has the option to refuse Betterspace GmbH’s consent to the commissioning of individual subcontractors. The refusal may not be made without just cause. According to the GDPR, Betterspace GmbH is obliged to disclose the subcontractors. Upon conclusion of the respective contract, the client undertakes to refrain from concluding a contract with the respective subcontractor for the provision of contractual services for its term and a period of 12 months thereafter, subject to a contractual penalty to be paid for each case of infringement, the amount of which is to be determined by Betterspace GmbH on a case-by-case basis, the amount of which can be reviewed by the respective competent regional court at the instigation of the client, in any case not less than EUR 5,000.00 and not more than EUR 25,000.00.

§ 8 Contract duration and cancellation

In principle, the start and ordinary cancellation options of the respective contractual relationship are set out in the respective contract.
Unless otherwise agreed in the respective contract, the following applies: The respective contract is concluded for an unlimited period of time. Unless one of the two “contracting parties” cancels in writing three months before the end of the respective term, the agreement is tacitly extended for a further 12 months.
The right of each contracting party to terminate the respective contract extraordinarily and without notice for good cause remains unaffected. Good cause exists for Betterspace GmbH in particular in any case in which

the client is in default within a period of more than three months;
the client is insolvent or insolvency proceedings have been opened against his assets or the application for the opening of insolvency proceedings has been rejected due to lack of assets; after the application for the opening of insolvency proceedings against the client’s assets, Betterspace GmbH may not, however, terminate the contract due to a delay in the payment of the remuneration that occurred prior to the application for the opening of insolvency proceedings or due to a deterioration in the client’s financial circumstances;
the client violates essential contractual obligations and does not immediately remedy this violation even after a warning or notification of the blocking of the content by Betterspace GmbH.

§ 9 Data protection

The agreements of the “contracting parties” on data protection and confidentiality with regard to personal data are regulated separately in the AVV annex.
Betterspace GmbH must also ensure that all “employees” comply with the statutory provisions on data protection. The obligation to data secrecy required under data protection law must be undertaken before the “employees” take up their work for the first time and must be proven to the client upon request. The same applies to “employees” of subcontractors engaged.

§ 10 Secrecy

Betterspace GmbH is obliged to keep all business and trade secrets obtained within the framework of the contractual relationship, as well as information that is the subject of technical and organisational confidentiality measures and is marked as confidential or that can reasonably be regarded as confidential in view of the nature of the information or the circumstances of transmission, for a period of 3 years after the end of this framework agreement,

exclusively for the purpose of providing the service in accordance with the applicable contract and this framework agreement and
confidentially, in particular not to pass it on to third parties, to protect it from unauthorised access and to treat it with the same care that Betterspace GmbH applies to its own, equally confidential information, but at least with the care of a prudent businessman.

This applies to all documents, technical concepts, software, drawings, plans, price lists and other documents that the client has made available to Betterspace GmbH, even if these are not expressly labelled as confidential and are protected under the GeschGehG.
Betterspace GmbH ensures that all persons entrusted by it with the processing or fulfilment of the contract comply with the statutory provisions on data protection. This includes in particular technical security measures adapted to the current state of the art (Art. 32 GDPR) as well as the obligation of all persons entrusted with the fulfilment of the contract to maintain data secrecy in accordance with § 53 BDSG and confidentiality (Art. 28 para. 3 lit. b) GDPR). At the client’s request, Betterspace shall provide information about the persons to whom confidential information has been provided or who have been granted access to the client’s personal data and submit the declarations of commitment to the client.
The confidentiality obligation does not apply if information

were already known to Betterspace GmbH prior to obtaining the information or were lawfully obtained from other sources without any confidentiality restrictions
become publicly known without Betterspace GmbH breaching this confidentiality obligation; or
must be disclosed due to mandatory legal regulations or court or regulatory orders. In this case, Betterspace will inform the client immediately and support the client to the best of its ability in taking action against the obligation to disclose.

If Betterspace GmbH receives access to the client’s personal data on behalf of the client or processes or uses this data, the order data processing agreement contained in the AVV annex applies. If necessary (e.g. new legal and/or technical requirements), the parties shall amend this agreement.
Upon request by the client, Betterspace will immediately hand over all confidential information and personal data. Any remaining copies shall be deleted upon the client’s request, unless and for as long as they must remain with Betterspace to comply with statutory retention obligations. If statutory retention obligations exist, the confidential information and personal data may only be stored and used for the purpose of fulfilling these obligations.

§ 11 General

Should a provision of these contractual regulations or the respective supplementary agreements to these regulations be or become invalid, this shall not affect the validity of the remaining provisions.
All agreements that contain an amendment, supplement or concretisation of a part of the contract as well as special guarantee commitments and agreements must be recorded in writing in the respective contract. If declarations of the aforementioned kind are made by representatives or auxiliary persons of Betterspace GmbH, they are only binding for Betterspace GmbH if the management of Betterspace GmbH gives its written consent.
The client may only assign rights and claims from the respective contract to third parties with the prior written consent of Betterspace GmbH. Betterspace GmbH is authorised to assign rights and obligations from the respective contract as a whole or individual services to affiliated companies within the meaning of § 15 AktG (German Stock Corporation Act).
The contracting parties agree that the law of the Federal Republic of Germany shall apply to all legal relationships arising from this contractual relationship.
If the client is a merchant within the meaning of the German Commercial Code, a legal entity under public law or a special fund under public law, the registered office of Betterspace GmbH is agreed as the place of jurisdiction for all disputes arising in the context of the execution of this contractual relationship. Notwithstanding the above, Betterspace GmbH is also entitled to bring an action before the court responsible for the client’s registered office.

Part II: Sale

§ 1 Subject matter of the contract Sale of “products”

The client acquires from Betterspace the “product” designated in the contract.
The client receives the documentation provided by the manufacturer for the “product”.
Delivery by Betterspace GmbH is subject to the provison that Betterspace GmbH itself is supplied correctly and on time and is not responsible for the lack of availability of the “products”. The client can only claim damages for non-fulfilment after setting a deadline with the threat of refusal.
Due to the nature of Betterspace GmbH’s activities, prices may deviate from the original sums stated in the contract. These are price increases that cannot be influenced and result from commercial practices. However, price increases at the expense of the client can only be made if material or labour costs have increased from the moment the order is placed and Betterspace is not responsible for this. This also includes unforeseeable changes in customs duties, import and export fees, foreign exchange management, etc.
In the absence of specific instructions, dispatch shall be subject to the applicable freight/packaging flat rates. The costs for express delivery at the client’s request will be charged according to actual expenditure. All outgoing deliveries are insured by Betterspace. The insurance is included in the purchase price. In the event of loss or damage, the buyer is obliged to provide all necessary documentation so that claims can be made against the insurance company. The costs of normal packaging are included in the freight and packaging flat rates. If special packaging is required or is necessary at the discretion of Betterspace GmbH according to the given circumstances, this will be charged by separate agreement.

§ 2 Delivery and acceptance

Delivery times can be found in the contract.
If the client does not take possession of the “products” as agreed, Betterspace GmbH may demand compensation for the costs incurred as a result of the delay for each day of the delay in acceptance.

§ 3 Warranty for defects in the sale of “products”

The client must immediately inspect the “products” for significant defects and completeness and declare any complaints to Betterspace GmbH. In the case of installation of the “products” by Betterspace GmbH, the client must carry out an acceptance procedure together with Betterspace GmbH. The content of the procedure depends on the contract
In the event of the assertion of defects, Betterspace GmbH shall initially have the right to make a reasonable number of attempts to rectify the defect within a reasonable period of time. If the subsequent fulfilment fails, the client is generally entitled to reduce the purchase price, withdraw from the contract and/or demand compensation.
The client is aware at the time of the conclusion of the contract that Betterspace GmbH only checks and guarantees the functionality of the “products” supplied by Betterspace, in the system environment specified in the individual order, without guaranteeing the functionality of the “products” in the systemic network with other components not specified therein. The client is responsible for this function himself or can commission Betterspace GmbH to check the system compatibility separately.
In the case of insignificant defects, the right to withdraw from the contract or to assert claims for damages is excluded. The right to claim a reduction in price remains unaffected.
The right to assert warranty claims is also excluded if the defect is caused by the intended use of the “products” as a result of normal wear and tear.
The client bears the burden of proof that Betterspace is responsible for the defect, insofar as the malfunction is due to the fact that the client has made changes to the “products” and/or the system environment without the consent of Betterspace GmbH, has used or repaired the “products” improperly or the “products” have not been operated or maintained in accordance with the Betterspace guidelines.
Any additional expenses incurred by the provider due to the fact that the “products” have been transported by the client to a place other than the client’s registered office mentioned above shall be borne by the client.

Part III: Configuration and commissioning

These regulations of Part III are only applicable if it is stipulated in the respective contract that they are included.

§ 1 Configuration process

Details of the commissioning process are set out in the contract:

In view of the scope of the services requested by the client, the realisation process takes place in two phases. In the first phase, the kick-off protocol KP annex is created. In the second phase, Betterspace GmbH endeavours to realise the agreements from the KP annex.
Technical target status of the configured “standard software”.
As part of a workshop, the parties shall work out the technical settings that are technically possible and simultaneously desired and required by the client for the productive use of the “standard software […]” and the technical system. The results of the workshop shall be recorded and documented in the KP annex. Together with the service description of the “products”, the KP annex serves as the authoritative documentation for the target status.
Responsibility of the client for the technical target status

The client is responsible for the selection of the technical requirements and their completeness, which are documented in KP annex. Betterspace GmbH shall support the client in the creation of the requirements but is generally not responsible for the completeness or selection of the technical properties. Betterspace GmbH is not responsible for technical requirements that are not documented in the two mentioned annexes. An exception exists only in cases in which functions and properties must be available for technical reasons in order to be able to realise the functions and properties desired by the client.
Responsibility of Betterspace GmbH
Betterspace can advise the client with regard to the technical target status, but is expressly not liable for the fact that the business purposes of the contract assumed by the client cannot be achieved if the functions and properties required for this are not laid down in the documentation.

Realisation
The “standard software” and the technical system are configured on the basis of the KP annex. This process is followed by acceptance and, after acceptance, the software customised or created for the client is commissioned in accordance with § 3.

§ 2 Realisation, deadlines and dates

The deadlines are based on annex KP. Changes can only be made by mutual agreement.
Should it be foreseeable from Betterspace’s point of view that the specified dates and deadlines cannot be met, Betterspace GmbH shall report this immediately after becoming aware of the reasons leading to the postponement.

§ 3 Acceptance

Betterspace notifies the client that the system is ready for acceptance after commissioning has been completed.
Productive use of the technical system and the “standard software” by the client without first carrying out a joint acceptance procedure with Betterspace GmbH is at the client’s own risk.
Should the client wish to accept implicitly, the following shall apply: If the client has not yet expressly declared acceptance ten working days after completion of the work, the declaration of acceptance shall be deemed to have been made implicitly if Betterspace GmbH points out the consequences of the client’s behaviour and the client does not assert any complaints within a period of five working days.
Acceptance takes place exclusively against the KP annex and the documentation of the “products”.

§ 4 Remuneration

The organisation of a workshop shall be remunerated separately irrespective of the conclusion of other contracts.

Part IV: SaaS

§ 1 Subject matter of the service Software “standard software”

The “standard software”, together with documentation from the contract, is provided for the first time in the release that is current at the time of provision and is subsequently updated on an ongoing basis.
The documentation of the “standard software” or – if a test phase was agreed between the parties – the tested software shall be decisive for the scope of services.
The client is granted simple, non-exclusive, worldwide rights of use to the “web server software”, limited to the term of the respective contract, which enable him to access the software […] via public data networks, § 69c No.4 UrhG (German Copyright Act). No other rights of use are granted. The number of rights of use is specified in the respective contract.
The client is granted simple, non-exclusive, worldwide rights of use to the onsite software, limited to the term of the respective contract, which enable the client to reproduce the onsite software on an agreed number of devices, Section 69c No. 1 UrhG (German Copyright Act). No other rights of use are granted.

§ 2 Updating the “standard software […]”

Betterspace GmbH is obliged to update, repair and maintain the “standard software[…]”. If the operation of the “standard software […]” changes or new functions are added, the operating instructions will also be updated.

Performance
Betterspace GmbH undertakes to provide “software” that is compatible with the “system environment” that corresponds to the current state of the art.
The “software” will also be adapted to legal requirements within the scope agreed in the contract. In the absence of a corresponding agreement, Betterspace GmbH is under no obligation to adapt the software outside of the normal release cycles.
Process for customisation
- Technical adaptation to a changed “system environment”
  Only “software” that ensures compatibility with the “system environment” specified in the contract is provided. The prerequisite is that Betterspace GmbH is expressly obliged to establish compatibility. The adaptation to a system environment that corresponds to the state of the art is owed.
- Amendments to the law
  Only “software” whose use is legally compliant in the opinion of Betterspace GmbH is made available. It is the client’s responsibility to check whether the respective application carried out by him with the standard software is legally compliant.
  If a legal act of a public institution (legislator, authority or court) makes it necessary to change the “software” and Betterspace proves that a different interpretation of the standards is also permissible, the client has no right to demand that the “software” be changed as part of the rental fee if the change would lead to unreasonable consequences for the majority of the “clients/customer” of Betterspace GmbH. Corresponding requirements of the client are to be agreed separately by way of a “change”, unless corresponding changes could be realised by changing parameters of the standard software.
  Furthermore, Betterspace GmbH is not obliged to check the legal situation or application of the law in the respective regions in which the client operates. If the client indicates a change in the legal situation, Betterspace will check whether and, if so, at what time the standard software is to be changed.
  Betterspace GmbH has three (3) months from the date of the adoption of a legal act to implement the legal act but will endeavour to have carried out this implementation in good time so that the standard software can be used as intended without interruption.
- Technical changes
  Unless otherwise agreed, the client has no claim to changes to the “standard software” within the scope of the respective contract. The “standard software” is updated at the discretion of Betterspace GmbH. The client has the opportunity to make suggestions for possible further developments. Betterspace will seriously examine the client’s suggestions. However, there is no entitlement to the realisation/implementation of these suggestions.
Upgrades
Betterspace GmbH provides the client with “upgrades” of the “standard software” after they have been released by Betterspace GmbH and unless otherwise specified below. These “upgrades” contain extensions and improvements of the “standard software”. There is no entitlement to the provision of upgrades.

Operating instructions
If the operation of the “standard software” changes or new functions are added, the operating instructions for the programme will also be updated.

§ 3 Special regulations for test transfers of the “products”

The test provision of “products” is free of charge. The “products” are therefore lent for the term of the contracts. No warranty is assumed. The client is responsible for independently backing up the “data”. The “products” may not be used by the client for commercial purposes nor may they be made available to “third parties” for commercial purposes.

§ 4 Subject matter of the contract onsite software

The onsite Software shall be provided for the first time, together with documentation, in the release that is current at the time of provision and subsequently updated on an ongoing basis. The client must install the on-site software and subsequent releases himself.
The documentation of the onsite software or – if the parties have agreed to carry out a test phase – the tested onsite software shall be decisive for the scope of services.
The client is granted simple, non-exclusive, worldwide rights of use, limited to the term of the respective contract, which enable him to install the onsite software and use it in the working memory of the available devices. No other rights of use are granted. The number of usage rights is specified in the respective contract.
The performance obligations for the onsite software are similar to those for the “standard software”.

§ 5 Warranty

The rectification of “defects” shall be carried out at the discretion of Betterspace GmbH, initially by free rectification or replacement delivery.
A cancellation by the client in accordance with § 543 para. 2 sentence 1 no. 1 BGB (German Civil Code) due to failure to grant contractual use is only permissible if Betterspace GmbH has been given sufficient opportunity to remedy the defect and this has failed. A failure to remedy the defect shall only be assumed if it is impossible, if it is refused by Betterspace GmbH or unreasonably delayed, if there are reasonable doubts regarding the prospects of success or if it is unreasonable for the client for other reasons.
The client is not entitled to remedy “defects” himself and to demand compensation for the necessary expenses, provided that Betterspace GmbH is willing and able to provide the service.
The client is obliged to report defects/malfunctions to Betterspace GmbH immediately (§ 536c BGB). In doing so, the client shall take into account Betterspace GmbH’s instructions for analysing the defect within the scope of what is reasonable for him and forward to Betterspace GmbH all information available to him that is necessary for the elimination of the defect.
Claims for damages shall lapse 12 months from the time at which the client became aware of the existence of a defect in the “product” or from the time at which the client should have become aware of the circumstances of the defect and reported it without gross negligence. This shall not apply in cases in which the client wishes to assert claims for damages due to injury to life, limb or health and/or in cases in which the client wishes to assert that the defect was caused by gross negligence or wilful intent and/or as a result of a breach of a guarantee promise. Claims under the Product Liability Act remain unaffected. Claims arising from a breach of rectification obligations shall become time-barred 12 months after the moment of knowledge or grossly negligent ignorance of the damaging event, subject to the aforementioned provison.
In the event of a technical “change”, the client bears the burden of proof that a defect exists.

§ 6 Place of fulfilment

The place of performance and the place of fulfilment are determined by the respective contract.

§ 7 Terms and ordinary cancellation options

Terms and ordinary cancellation options are set out in the respective contract.
The right to declare extraordinary cancellation remains unaffected.

Part V: Services

§ 1 Provision of services through software

If Betterspace GmbH provides “services” primarily through the use of “software” and only exceptionally through labour services, the following shall apply:

Betterspace leases the software required to provide the “services” to the client. Only the provision of those functions that are expressly documented in the service description and those functions that are not expressly mentioned but are absolutely necessary for technical reasons for the intended function are owed.
The “software” is updated during the term of the respective contract. The number and scope of the required rights of use are determined by the purpose of the respective contract, § 31 (5) UrhG. The remuneration for the required licences is based on the respective contract.

The regulation for the warranty is based on Part II § 3 of these GTC.

§ 2 Performance-related work

If the services agreed in the respective contract are qualified as contracts for work and labour, the following provisions shall apply:

Acceptance of recurring services

It is in the nature of things that no repeated declaration of acceptance is made by the client in the case of recurring, similar services. In these cases, completion shall take the place of acceptance. The client will be informed by Betterspace GmbH by e-mail or otherwise in text form that Betterspace GmbH has provided certain services. It is the client’s responsibility to inform himself within the deadlines agreed in the respective contract whether the services of Betterspace GmbH have been properly rendered. If the client does not assert any complaints within the intervals set in the respective contract, the service of Betterspace GmbH shall be deemed to have been properly rendered. An independent acceptance is only required if this is agreed between the contracting parties in the respective contract.
In cases where acceptance is required under the terms of the respective contract, the following applies: Acceptance must be recorded in writing or by e-mail. If the client puts the services of Betterspace GmbH into operation without asserting significant “defects”, Betterspace GmbH assumes the existence of an implied acceptance. However, Betterspace GmbH must inform the client of this separately in writing.

Performance obligations of the client
The provisions of Part I § 3 apply.
Guarantee

If the client changes the technical system, the onsite software or the “system environment”, he shall bear the burden of proof that a “defect” exists.
If Betterspace GmbH does not succeed in remedying existing “defects” within a reasonable period of time, the client is entitled to assert further warranty rights. The right to withdraw from the contract or to claim damages does not exist if the functionality of the “product” is not significantly impaired.
The client is not entitled to rectify “defects” himself and to demand compensation for the necessary expenses as long as Betterspace GmbH is prepared to rectify the defect and the client can reasonably be expected to accept further rectification.
Warranty claims expire twelve months after acceptance or completion of the service. This shall not apply in cases in which a “defect” in the service leads to damage to life, limb or health and/or a guarantee promise is violated by the “defect” and/or the damage is caused intentionally or through gross negligence. Claims under the Product Liability Act remain unaffected.

If it turns out that services provided by Betterspace GmbH are not covered by the warranty, the client shall bear the costs including any travelling costs and expenses incurred in accordance with the general cost rates of Betterspace GmbH.
Place of performance and term
The place of performance and terms are specified in the respective contract.

§ 3 Support services

Support services – “Support case” – “Fault”
In the event of a corresponding order in the contract, Betterspace will begin analysing the cause of a malfunction within a certain period of time in accordance with the agreed SLA. The obligation of Betterspace GmbH to provide warranty services remains unaffected.
In the event that a “support case” occurs, Betterspace GmbH shall endeavour to eliminate the “support case”, but cannot guarantee that the “support case” will be eliminated and, if so, within which deadlines. Details can be found in the respective contract.
Hotline
Fault reports are submitted by the client to Betterspace by e-mail or telephone based on the respective valid support level. If the fault report is made by telephone, the client will immediately submit the fault report by e-mail. Betterspace GmbH provides short telephone counselling or assistance via remote maintenance in the event of errors, application problems, malfunctions, or other cases of difficulties in connection with the “products”.
The tasks of the hotline do not include clarification of content-related and organisational questions or instruction in the functionality of the “products”.
Before calling the hotline due to problems with the “products”, the client must attempt to solve the fault himself within reasonable limits. In particular, the client must refer to the user documentation and the help function.
Support services for the “software” of third-party manufacturers
If commissioned, the client is entitled to the provision of support services within the framework of 1st and 2nd level support against Betterspace if the client purchases “products” from another manufacturer via Betterspace GmbH and requests assistance in reporting and eliminating “support cases” from this manufacturer.

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