§1 Scope of application
(1) These General Terms and Conditions (GTC) of ATBAS GmbH & Co. KG (hereinafter referred to as “ATBAS”) shall apply from December 5, 2025 and until a different version is published.
(2) These GTC only apply to entrepreneurs in the exercise of their commercial or independent professional activity and to legal entities under public law. They apply to all business transactions between ATBAS and the customer, even if they are not mentioned in subsequent contracts.
(3) Conflicting, additional or deviating terms and conditions of the customer shall not become part of the contract unless ATBAS has agreed to their validity in writing. These GTC shall also apply if ATBAS provides a service to the customer without reservation in the knowledge of the customer’s conflicting, additional or deviating terms and conditions.
(4) Conflicting, additional or deviating agreements to these GTC that are made between ATBAS and the customer for the execution of a contract must be set out in writing in the contract. This also applies to the waiver of this written form requirement.
§2 Conclusion of contract
(1) Offers from ATBAS are subject to change and non-binding, unless ATBAS states otherwise.
(2) An order by the customer only becomes binding when it has been confirmed by ATBAS by means of a written order confirmation or when ATBAS executes the order, in particular when ATBAS fulfills the order by sending the products or providing the services. An order confirmation created with the aid of automatic equipment, which does not include a signature and name, shall be deemed to be in writing.
(3) ATBAS reserves all property rights, copyrights and other industrial property rights to all offer documents.
§ 3 Scope of services, changes
(1) Services of ATBAS may include in particular the delivery of software, interface licenses, hardware, consumables, services, training and other support services. The written order confirmation from ATBAS is decisive for the scope of the services.
(2) Delivery in parts is permissible for ATBAS, unless delivery in parts is not reasonable for the customer, taking into account the interests of ATBAS.
(3) The customer is obliged to provide the cooperation required for the fulfillment of the services by ATBAS.
(4) Changes to the scope of services by the customer require the written confirmation of ATBAS in order to be effective
§ 4 Delivery times
(1) The delivery period begins with the conclusion of the contract, but not before the complete provision of the documents, approvals and releases to be procured by the customer, the clarification of all technical questions and the receipt of an agreed down payment or, in the case of a foreign transaction, after receipt of full payment. In the case of a delivery date, the delivery date shall be postponed appropriately if the customer does not provide the documents and approvals to be procured by it in good time, does not issue releases in good time, not all technical questions are fully clarified in good time or the agreed down payment or, in the case of a foreign transaction, the entire payment is not received in full by ATBAS. Compliance with the delivery time presupposes the timely and proper fulfillment of the customer’s other obligations.
(2) Compliance with the delivery time is subject to proper, in particular timely, self-delivery by ATBAS, unless ATBAS is responsible for the reason for the improper self-delivery. ATBAS is entitled to withdraw from the contract in the event of improper self-delivery. ATBAS shall inform the customer immediately if ATBAS exercises its right to withdraw from the contract and shall refund any advance payments made by the customer.
§ 5 Prices and shipping costs
(1) All prices quoted by us are net prices, plus the applicable statutory value added tax, if applicable. Our price quotations in offers, order confirmations or on our website are aimed exclusively at entrepreneurs within the meaning of the applicable statutory provisions. The conclusion of a contract with consumers is excluded.
(2) Shipping costs will be charged in addition to the prices quoted. The amount of the shipping costs depends on the place of delivery, the scope of delivery and the mode of transportation.
(3) The current shipping costs are available on our website at atbas.de/versand/ and are displayed again transparently during the ordering process before the order is completed.
(4) For deliveries within the European Union or the European Economic Area (EEA), additional costs (e.g. customs duties, import duties or fees) may arise in individual cases, which shall be borne by the customer.
(5) For deliveries to countries outside the EU or the EEA, in particular to Switzerland, customs duties, taxes or other charges may be incurred, which shall also be borne by the customer. These costs are not part of our prices or invoice amounts and will not be invoiced by us.
(6) Unless expressly agreed otherwise in writing, the prices valid on the day of invoicing shall be decisive for the price calculation.
§ Section 6 Supplementary terms and conditions for the supply of hardware and consumables
(1) The properties of the software (including interfaces), hardware and/or consumables (hereinafter jointly referred to as “goods”) are set out in the offer, supplemented by the user documentation.
(2) For such goods that are identified in the contract as products from upstream suppliers, ATBAS only provides a warranty to the extent that these fulfill the requirements that are essential for the use of the products known to ATBAS at the customer. Otherwise, ATBAS is not responsible for information in the product descriptions of the respective manufacturers and for the freedom from other defects.
(3) We reserve the right to make changes to the design and shape of goods insofar as the deviations are customary in the industry or insofar as the deviations are within the DIN tolerances or insofar as the changes are not significant and reasonable for the customer.
(4) Unless otherwise agreed, it is the customer’s responsibility to put the delivered hardware into operation. This also includes the customer checking it under the given operating conditions before using it productively.
(5) All support services (in particular installation, preparation for use and demonstration of operational readiness, instruction, training or consulting) shall only be provided against separate agreement and separate remuneration.
(6) Until the purchase price has been paid in full, delivered goods remain the property of ATBAS and may neither be pledged nor assigned as security.
§ 7 Supplementary conditions for the supply of software
(1) Insofar as the subject matter of the contract includes the delivery of software (including interfaces) developed by ATBAS, this is the temporary transfer of standard software that has not been individually produced for the customer’s needs. Supply contracts for software are therefore rental contracts. This applies regardless of whether the software is provided by ATBAS for installation on the customer’s hardware or web-based or as a cloud service.
(2) In the case of delivery of software or software components from third-party manufacturers, the terms and conditions of the respective manufacturer shall take precedence.
(3) The customer acknowledges that the software supplied by ATBAS, including user documentation and other documents, including future versions, is protected by copyright and constitutes trade secrets of ATBAS or the respective manufacturer. The customer shall take precautions to ensure that the software is protected against misuse.
(4) If software is to be delivered, ATBAS is only obliged to deliver the object code. There is no entitlement to surrender or disclosure of the source code.
(5) The software and documentation shall be provided to the customer for use as intended for the agreed period. The scope of the intended use as well as the type and scope of the rights of use result from the contract. Unless otherwise agreed in the contract, ATBAS grants the customer the non-exclusive, non-transferable, non-sublicensable right, limited to use in the European Union, Switzerland and Great Britain, limited in time and subject to termination, to use the software and documentation by its employees during the term of the contract, i.e. also to temporarily save and load the software, display it and run it, insofar as this is necessary for the intended use of the service.
(6) Insofar as ATBAS supplies software for installation on the customer’s hardware, the customer is entitled to use the software on any hardware available to him. However, if the customer changes the hardware, he must delete the software from the previously used hardware. Simultaneous storage, keeping in stock or use of the software on more than one piece of hardware is not permitted.
(7) The use of the software within a network or other multi-station computer system is not permitted if this creates the possibility of simultaneous multiple use of the software. If the customer wishes to use the software within a network or other multi-station computer systems, he must prevent simultaneous multiple use by means of access protection mechanisms and provide ATBAS with corresponding proof of this on request. Otherwise, corresponding license fees must be paid to ATBAS, the amount of which is determined by the number of users connected to the computer system. ATBAS will submit an offer to the customer regarding the license fees to be paid in this case after the customer has informed ATBAS in writing of the planned network deployment, including the number of connected users. In this case, use in such a network or multi-station computer system is only permitted after payment of the license fee.
(8) The customer is entitled to make a copy of the software for backup purposes. The copies of the software used for proper data backup are part of the intended use. Otherwise, the customer is not authorized to reproduce, distribute, make publicly accessible, modify or edit the software, unless otherwise prescribed by law.
(9) Existing copyright notices, serial numbers or other features serving to identify the program, such as registration numbers in the software in particular, may not be removed or changed.
(10) In the event of a breach of these provisions, ATBAS is entitled to suspend access to the software that is being used contrary to its intended purpose until proof of legality is provided and to subsequently charge the agreed prices for the services used contrary to their intended purpose. If no price has been agreed for these services, a reasonable price will be charged subsequently.
(11) During test operations and during installation, the customer shall ensure the presence of competent and trained employees and, if necessary, suspend other work with the computer system. He shall ensure that all his data is backed up before each installation.
(12) The customer is responsible for the proper backup of the files and data stored by him.
(13) Upon termination of the contractual relationship, for whatever legal reason, the customer is obliged to delete the software, including the documentation and all copies, or to return it to ATBAS. At the request of ATBAS, the customer shall submit a declaration of deletion.
(14) Consulting, training, installation, service and other support services are not part of the delivery of software; these are only provided against separate agreement and separate remuneration. The same applies to the rectification of errors on site at the installation location of the respective software, if and insofar as such errors result from improper use of the software or user errors.
§ 8 Supplementary conditions for the provision of services
(1) Insofar as the subject matter of the contract includes the provision of services, the following provisions shall apply in addition:
1. the ATBAS services include
a) the support of the customer with regard to the program errors of ATBAS products and
b) telephone support, which is available to the customer Monday to Friday between 7:00 a.m. and 5:00 p.m., with the exception of national public holidays, the Day of Prayer and Repentance, Reformation Day and company-related closing times announced in advance (hereinafter “on-call times”). If telephone support is not expressly agreed as part of the contractually owed scope of services, the customer shall make use of it for a separate fee.
2. The ATBAS services do not include
a) Consultations outside the on-call times;
b) Services that become necessary due to the use of the software on another hardware system that is not distributed by ATBAS or under another operating system;
c) Services after an intervention by the customer in the program code of the software;
d) Services with regard to the cooperation of the contractual software with other computer programs that are not the subject of the service contract;
e) services in the event of data loss due to operating errors and improper handling;
f) the installation of the software, if this is more difficult than the mere menu-driven transfer of the program code to the mass storage of the customer’s computer;
g) the use of the ATBAS learning management platform including all video learning content contained therein. The allocation of the necessary access is carried out for the employees named by the customer.
h) These services are only provided against separate agreement and separate remuneration.
(2) The customer is obliged to clarify his error reports and questions to the best of his ability. He must have recourse to competent employees for this purpose.
(3) The customer must follow the instructions provided by ATBAS and, if necessary, use checklists from ATBAS when describing, isolating, identifying and reporting errors, unless this is unreasonable for the customer.
(4) During necessary test runs, the customer shall ensure the presence of competent and trained employees who are authorized to judge and decide on defects, function extensions, function reductions and changes to the program structure. If necessary, other work with the computer system must be stopped while the service work is being carried out. The customer shall ensure that all his data is backed up before the service work is carried out.
(5) Sending SMS from the ATBAS system is subject to a charge.
§ 9 Supplementary conditions for training and installation services
(1) If agreed in the contract, ATBAS shall carry out training courses and services for installation support. Details shall be agreed in the contract.
(2) If agreed services are canceled, postponed or canceled at short notice, the customer shall be obliged to pay the training or set-up price stated in the offer in accordance with the following provisions:
- up to 6 weeks before the agreed training or set-up date: free of charge
- from 6 weeks before the agreed training or set-up date: 50%.
- from 4 weeks before the agreed training or set-up date: 75%.
- from 2 weeks before the agreed training or set-up date: 100%
(3) The installation of clients is carried out by the customer. If the clients are not fully installed at the agreed start of the training, ATBAS cannot guarantee high-quality training. In this case, additional training courses may be necessary for a fee.
(4) Unless otherwise agreed, ATBAS reserves all rights to ATBAS documents provided during ATBAS training courses. The customer may not reproduce, edit, transmit or otherwise make them accessible to third parties.
§ 10 Support by the customer
(1) The customer shall support ATBAS in the performance of the services owed by ATBAS insofar as this is necessary for the provision of these services. The customer will support ATBAS to the extent necessary, in particular:
- Access to own buildings and technical facilities;
- Workplaces and work equipment;
- Information, data, test cases and documents; and
- provide employees to perform the services owed by ATBAS
.
(2) The customer shall ensure that expert personnel and contact persons are available to provide the necessary support throughout the term of the contract.
(3) If the customer does not provide the necessary support, ATBAS is not responsible for the resulting consequences, in particular delays.
§ 11 Remote support, remote access
(1) The customer agrees that ATBAS may connect to the customer’s data processing system via certified remote support software for the purpose of providing the service. Consent is given by exchanging the access data depending on the software.
(2) If necessary, the customer shall provide a sufficient number of remote accesses to its system. The customer shall provide a connection to the telecommunications network at its own expense so that the systems of both parties can be linked together. Unless otherwise agreed, the customer shall bear any line costs incurred.
(3) If the customer does not enable remote support, he shall reimburse ATBAS for the additional expenses caused thereby, in any case travel times and additional costs for the elimination of defects or errors.
§ 12 Terms, notice periods and reasons for termination
(1) Unless otherwise agreed, the services to be provided by ATBAS are provided for an indefinite period of time
(2) Contracts relating to the delivery of software or interface licenses may be terminated with three months’ notice to the end of a calendar quarter, but for the first time after the end of a contractual year.
(3) Contracts for the provision of services may be terminated with three months’ notice to December 31 of a calendar year, but for the first time after the end of a contract year.
(4) Notice of termination must be given in writing and must be received by ATBAS no later than the third working day of the first month of the notice period.
(5) The right to extraordinary termination for good cause remains unaffected. Good cause exists for ATBAS in particular if
(6) insolvency proceedings are opened against the customer’s assets or the opening of such proceedings is rejected for lack of assets;
(7) confiscation, seizure or official seizure of essential operating facilities of the customer takes place and this measure lasts longer than 14 days;
(8) the customer commits a material breach of duty.
§ 13 Prices and payment
(1) The prices result from the order confirmation from ATBAS.
(2) The prices for goods to be delivered are ex works. Hardware accessories – such as data carriers, line amplifiers, data and power cables – are only included in the scope of delivery if expressly agreed. The purchase price is due upon delivery.
(3) Unless otherwise agreed, the usage fee for the delivery of software and the provision of interface licenses shall be paid monthly in advance on the first working day of each month.
(4) For ATBAS services, an annual service fee is due on the first working day of each year. If services are provided during the year, the service fee is due pro rata after conclusion of the contract.
(5) All prices are quoted net and do not include shipping and packaging costs, insurance, statutory taxes, customs duties or other charges. The statutory value added tax shall be shown separately on the invoice at the statutory rate applicable on the date of invoicing.
(6) Invoices are generally issued immediately after performance of the service. In the case of partial services, ATBAS is entitled to invoice partial services rendered separately; this also applies if a total price is agreed. This does not affect the right to agree advance payments in individual cases, which – irrespective of the actual time of performance – can be invoiced in advance and become due for payment.
(7) Furthermore, ATBAS is entitled to refuse outstanding deliveries or services until receipt of an advance payment or security deposit if it becomes apparent after conclusion of the contract that the payment claim of ATBAS is jeopardized by the customer’s inability to pay. This is particularly the case if ATBAS becomes aware of circumstances which are likely to significantly reduce the creditworthiness of the customer. Further rights and claims of ATBAS remain unaffected.
(8) In the absence of a special agreement, payments shall be made by direct debit via SEPA direct debit mandate. The customer must ensure that his bank account has the necessary funds. Costs incurred by ATBAS due to non-payment or reversal of a direct debit shall be borne by the customer.
(9) In the event of default in payment, the customer shall pay default interest in the amount of 9 percentage points above the respective base interest rate per annum. Further claims of ATBAS remain unaffected.
(10) ATBAS is entitled to adjust current remuneration annually. The adjustments will be announced in text form (e.g. by e-mail) eight (8) weeks before they come into effect. The price change is deemed to have been agreed if the customer does not object in text form within fourteen (14) days of receipt of the announcement. In the event of an objection, ATBAS reserves the right to terminate the contract prematurely with a notice period of three (3) months. The termination must be in text form
§ 14 Claims for defects
(1) Defect rights of the customer presuppose that he has inspected the delivered goods upon delivery and has notified ATBAS of obvious defects immediately after delivery of the goods. Hidden defects must be reported to ATBAS in writing immediately after their discovery. The customer must describe the defects in writing when notifying ATBAS. The customer must also comply with the specifications and instructions in the technical notes, assembly, operating instructions, operating manuals and other documents for the individual products when planning, assembling, connecting, installing, commissioning, operating and maintaining the goods, in particular carry out and provide evidence of proper maintenance and use recommended components. Claims for defects arising as a result of a breach of this obligation are excluded.
(2) The customer must report any defects to ATBAS in writing without delay, stating the information known to him and useful for their detection. He must take reasonable measures to facilitate the identification of the defects and their causes.
(3) No claims for defects shall arise for defects due to natural wear and tear, in particular in the case of wearing parts, improper handling, assembly, use or storage or improperly carried out modifications or repairs by the customer or third parties. The same applies to defects which are attributable to the customer or which are due to a technical cause other than the original defect.
(4) ATBAS is not liable for defects in the delivered software that are attributable to non-contractual use of the software or to hardware or software components of third parties or are caused by other third-party influences, such as damage from imported malware (e.g. viruses).
(5) If the customer’s obligation to remedy defects is not excluded, the following shall apply:
(6) ATBAS is entitled, at its own discretion, to subsequent performance by remedying the defect or delivering a defect-free item. Replaced parts become the property of ATBAS and must be returned to ATBAS.
(7) If ATBAS is not willing or able to provide subsequent performance, the customer may, without prejudice to any claims for damages or reimbursement of expenses, withdraw from the contract or reduce the remuneration agreed for the service in question at its discretion. The same applies if the subsequent performance fails, is unreasonable for the customer or is delayed beyond a reasonable period for reasons for which ATBAS is responsible.
(8) Claims by the customer for reimbursement of expenses instead of compensation in lieu of performance are excluded unless the expenses would also have been incurred by a reasonable third party.
(9) The limitation period for claims for defects by the customer is one year, unless a purchase of consumer goods (end customer is a consumer) takes place at the end of the supply chain. The limitation period of one year shall also apply to claims in tort based on a defect in the products. In the case of the delivery of goods, the limitation period begins with the delivery of the products, in other cases with the provision of services with the acceptance of the service. The limitation period of one year does not apply to the unlimited liability of ATBAS for damages arising from the breach of a guarantee or from injury to life, body or health, for intent and gross negligence and for product defects or insofar as ATBAS has assumed a procurement risk.
§ 15 Infringements of property rights
(1) If a third party asserts claims against the customer due to the infringement of property rights by the software supplied by ATBAS and the use of the software is impaired or prohibited as a result, ATBAS will, at its discretion and expense, either modify or replace the software so that it does not infringe the property right or indemnify the customer from license fees for the use of the software during the agreed transfer period vis-à-vis the property right holder or third party. If ATBAS does not succeed in doing this under reasonable conditions, ATBAS will inform the customer of this and prohibit the customer from using the software from a certain point in time. The customer is obliged, at the discretion of ATBAS, either to delete the software including the documentation and all copies or to return it to ATBAS.
(2) The prerequisites for the liability of ATBAS in accordance with the above provision are that the customer informs ATBAS immediately of claims by third parties, does not acknowledge the alleged infringement of property rights and either leaves any dispute, including any out-of-court settlements, to ATBAS or only conducts it in agreement with ATBAS. If the customer ceases to use the software in order to minimize damages or for other important reasons, he is obliged to point out to the third party that the cessation of use does not constitute an acknowledgement of the alleged infringement of property rights.
(3) If the customer himself is responsible for the infringement of property rights, claims against ATBAS are excluded.
(4) Further claims by ATBAS due to an infringement of third-party property rights are excluded. This exclusion does not apply in the case of intent, gross negligence and injury to life, limb or health.
(5) The limitation period for claims of the customer arising from infringement of property rights is one year. The limitation period of one year does not apply to the unlimited liability of ATBAS for damages arising from the breach of a guarantee or from injury to life, body or health, for intent and gross negligence and for product defects or insofar as ATBAS has assumed a procurement risk.
§ 16 Liability of ATBAS
(1) ATBAS shall be liable without limitation for damages arising from the breach of a guarantee or from injury to life, limb or health. The same applies to intent and gross negligence or insofar as ATBAS has assumed a procurement risk. ATBAS is only liable for slight negligence if essential obligations are breached which arise from the nature of the contract and which are of particular importance for achieving the purpose of the contract. In the event of a breach of such obligations, default and impossibility, the liability of ATBAS is limited to such damages as must typically be expected to occur within the scope of this contract. Mandatory statutory liability for product defects remains unaffected.
(2) Liability for data loss shall be limited to the typical restoration costs that would have been incurred if backup copies had been made regularly and in accordance with the risks involved.
(3) Insofar as the liability of ATBAS is excluded or limited, this also applies to the personal liability of the employees, workers, staff, representatives and vicarious agents of ATBAS.
§ 17 Product liability
(1) The customer shall not modify products supplied by ATBAS, in particular he shall not modify or remove existing warnings about the dangers of improper use of the products. In the event of a breach of this obligation, the customer shall indemnify ATBAS in the internal relationship from product liability claims of third parties, unless the customer is not responsible for the modification of the products.
(2) If ATBAS is prompted to issue a product recall or warning due to a product defect in the products, the customer shall cooperate to the best of its ability in the measures that ATBAS considers necessary and expedient and shall support ATBAS in this, in particular in determining the necessary customer data. The customer is obliged to bear the costs of the product recall or warning, unless he is not responsible for the product defect according to product liability law principles. Further claims of ATBAS remain unaffected.
(3) The customer shall inform ATBAS immediately in writing of any risks that become known to him when using the products and possible product defects.
§ 18 Force majeure
(1) If ATBAS is prevented from fulfilling its contractual obligations due to force majeure, ATBAS shall be released from its obligation to perform for the duration of the impediment and a reasonable start-up time without being obliged to pay damages to the customer. The same applies if ATBAS is made unreasonably difficult or temporarily impossible to fulfill its obligations due to unforeseeable circumstances for which ATBAS is not responsible, in particular due to labor disputes, a pandemic, official measures, energy shortages, delivery obstacles at a supplier or significant operational disruptions. This also applies if these circumstances occur at a subcontractor. If ATBAS is released from the obligation to deliver, ATBAS will refund any advance payments made by the customer.
(2) ATBAS is entitled to withdraw from the contract after the expiry of a reasonable period if such an obstacle lasts for more than four months and ATBAS no longer has any interest in the fulfillment of the contract as a result of the obstacle. At the request of the customer, ATBAS will declare after expiry of the period whether ATBAS will make use of its right of withdrawal or deliver the products within a reasonable period.
§ 19 Secrecy
(1) The parties are obliged to keep all business secrets to which they gain access secret for a period of five years from the conclusion of the contract and, unless required for the business relationship, neither to record nor to pass on, use or exploit them. The duty of confidentiality shall also apply to objects that embody business secrets. In particular, the receiving party is prohibited from obtaining the trade secrets embodied therein by reverse engineering a product or item. Trade secrets are all information that is designated as confidential or secret or is recognizable as a trade secret under other circumstances, in particular technical information (e.g. drawings, product descriptions, methods, procedures, formulas, techniques and inventions) and commercial information (e.g. price and financial data and sources of supply).
(2) The confidentiality obligation shall not apply if the information was demonstrably already known to the receiving party prior to the commencement of the contractual relationship or was generally known or generally accessible prior to the commencement of the contractual relationship or becomes generally known or accessible through no fault of the receiving party. The receiving party shall bear the burden of proof.
(3) The parties shall ensure through suitable contractual agreements with the employees and agents working for them, in particular their freelancers and the contractors and service providers working for them, that they are also obliged to maintain appropriate confidentiality for a period of five years from the conclusion of the contract.
§ 20 Data protection
(1) The parties are obliged to observe the statutory provisions on data protection, in particular the EU General Data Protection Regulation (“GDPR”) in the performance of the contract and to impose compliance with these provisions on their employees.
(2) The parties shall process the personal data received (names and contact details of the respective contact persons) exclusively for the fulfillment of the contract and shall protect them by security measures (Art. 32 GDPR) that are adapted to the current state of the art. The parties are obliged to delete the personal data as soon as its processing is no longer necessary. Any statutory retention obligations remain unaffected by this.
(3) Should one party process personal data on behalf of the other party as part of the execution of the contract, the parties shall conclude an agreement on commissioned processing in accordance with Art. 28 GDPR.
§ 21 Final provisions
(1) The customer is aware of the use of these GTC by ATBAS. He had the opportunity to take note of their content in a reasonable manner.
(2) The transfer of rights and obligations of the customer to third parties is only possible with the prior written consent of ATBAS.
(3) The customer shall only be entitled to offset counterclaims if they have been legally established or are undisputed. The customer may only assert a right of retention if his counterclaim is based on the same contractual relationship.
(4) The legal relationship between the customer and ATBAS shall be governed by the law of the Federal Republic of Germany to the exclusion of the United Nations Convention on Contracts for the International Sale of Goods (CISG).
(5) The exclusive place of jurisdiction for all disputes arising from the business relationship between ATBAS and the customer is Dresden. ATBAS is also entitled to bring an action at the customer’s registered office and at any other permissible place of jurisdiction. Arbitration clauses are contradicted.
(6) The place of performance for all services of the customer and of ATBAS is the registered office of ATBAS, unless otherwise agreed.
(7) The contract language is German.
(8) All agreements that contain an amendment, supplement or specification of these GTC, as well as special assurances and agreements, must be recorded in writing. If they are declared by representatives or auxiliary persons of ATBAS, they are only binding if ATBAS gives its written consent.
(9) Should any provision of these GTC be or become invalid or unenforceable in whole or in part or should there be a loophole in these GTC, this shall not affect the validity of the remaining provisions. In place of the invalid or unenforceable provision, the valid or enforceable provision that comes closest to the purpose of the invalid or unenforceable provision shall be deemed to have been agreed. In the event of a loophole, the provision that corresponds to what would have been agreed in accordance with the purpose of these GTC shall be deemed to have been agreed if the contracting parties had considered the matter from the outset.
Status: 15.10.2025
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