Legal Notices

Privacy policy

The BCC Unternehmensberatung GmbH (hereinafter “BCC”), is pleased about you visiting our website. For us, data privacy and data security are both very important issues. Therefore, we want to inform you about which of your personal data are recorded by visiting our website and for which purpose these are used.

Please read this privacy policy occasionally, because new legal requirements or a change of our internal company processes can make an adjustment necessary. This privacy policy can be retrieved, saved or printed under privacy policy anytime.

1. Scope
This privacy policy applies to the web presence of BCC, which is available under the domain www.bcchub.com and the corresponding subdomains (hereinafter “our website”).

2. What is personal data?
Personal data contains information that can be used to extract some of your personal or factual relations (e.g. name, address, phone number, date of birth, e-mail). If we cannot relate the information to your person (or just with disproportional high effort), e.g. by anonymizing the information, it is no matter of personal data.

3. Which kind of personal data do we collect / process / use?
Most of our online presence you can use without giving your personal data. We store access data without personal reference, e.g. the website from where you were guided to us, the names of the requested files and the date of requisition. These data are only analysed for creating a better offer and cannot identify your person. However, if you make use of the offers on our website like the newsletter, we necessarily need further information in order to perform the request. For example, the e-mail address is needed for the installation of the newsletter.

We use your personal data for providing our products and services, for the purpose of answering your questions and for the establishment and improvement of our website and application. We only use your personal data to offer our large-scale services on the website or to perform our service, if you have used our contact forms or have registered for our download section. Further usage of your data will not take place. We will not transmit your data to a third party without your permission, unless we are obligated to by law (criminal prosecution, courts, legal authorities) or we have to engage somebody with a confidentiality obligation by an assignment of receivables.

Personal data will especially be used for:

Newsletter
In order to subscribe to our newsletter service, we need your consent and at least your e-mail address, whereto we can send you the newsletter. Further information is optional and will be used to contact you by person, to formulate the newsletter more personal and to check back on your e-mail address. It is your free decision to provide us with your personal data. However, without this information we cannot send you our newsletter.

For our newsletter we normally use the so called double opt-in process, so that we will not send you the newsletter until you have confirmed the link in a special confirmation mail. Hereby we want to assure, that only you as the owner of the mail account can register to the newsletter. This confirmation hast to be given soon after receiving our mail, because otherwise your registration will be deleted automatically from our database. Your e-mail address will be used solely for our own advertising throughout the time of your registration to the newsletter until the time of cancellation of the subscription. For unsubscribing you may send us an informal e-mail to contact@bcc.biz or you can cancel the newsletter by using the link at the end of the page.

Contact Form
In case you make use of our contact form in order to raise a request, we will ask you about your first and last name, company name, region and your e-mail address. You can then send your personal request to us into the message box. It is your free decision to provide us with these data, however, please bear in mind that we cannot fulfil your contact request without these.

4. Addthis Bookmarking
This website contains „Addthis“-Plugins offered by  Add This, LLC, 8000 Westpark Dr., Suite 6235, McLean, VA 22102 (“Addthis”), which allow you not only to create bookmarks but also to share interesting website contents. When using „Addthis“, cookies come into action. The generated data (e.g. time of use, browser language) are transmitted to the Add This LLC in the United States and processed over there.

For more detailed information regarding data processing by Add This LLC and data protection applied by Add This LLC visit www.addthis.com/privacy. This website contains in particular information concerning the type of data processed as well as their purpose. Processing of data concerned by us does not take place.

By using the „Addthis“-field you agree with the data processing by Add This LLC, namely in the extent apparent from the website www.addthis.com. You can at any time object the use of your data by employment of an „Opt Out Cookie“. Further details can be found also on the aforementioned website of Add This LLC.

5. Integration of Social Plug-ins
On our site called Social Plugins ( "Plugins") the social networks Facebook, LinkedIn, and X (formerly Twitter) are used. These services are provided by the company Facebook Inc., LinkedIn Ireland Unlimited, and Twitter Inc. ( "providers").

Facebook is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA ( "Facebook"). An overview about the plugins from Facebook and their appearance can be found here: https://developers.facebook.com/docs/plugins

X (formerly Twitter) is operated by Twitter Inc., 1355 Market St, Suite 900, San Francisco, CA 94103, USA ( "Twitter"). You can find an overview of the Twitter buttons and their appearance here: https://twitter.com/about/resources/buttons

LinkedIn is operated by LinkedIn Ireland Unlimited Company Wilton Place, Dublin 2, Ireland under https://www.linkedin.com.

When you visit a page of our website that contains a social plugin, your browser makes a direct connection to the servers of Facebook, LinkedIn, or X. The content of the plugin is the provider directly to your browser and integrated into the side. By integrating the plugin get the provider the information that your browser has accessed the corresponding page of our website, even if you are not have a profile or just not logged in. This information (including your IP address) is transmitted from your browser directly to a server of the provider in the USA and stored there.

If you are logged in to one of the services that providers can assign to visit our site to your profile on Facebook, LinkedIn, or X directly. If you interact with the plugins, for example the "Like" -, the "Tweet" , the corresponding information is also transmitted directly to a server of the provider and stored. The information will also be published in the social network, or to your Twitter account and there appear to your contacts.

Purpose and scope of data collection and the further processing and use of data by the providers as well as your rights and ways to protect your privacy, please refer to the privacy policies of the provider.

Privacy policy of Facebook: http://www.facebook.com/policy.php
Privacy policy of X: https://twitter.com/privacy
Privacy policy of LinkedIn: https://www.linkedin.com/legal/privacy-policy

If you do not want Facebook, LinkedIn, or Xwitter to assign the data collected on our web data directly to your profile in the respective service, you must log out before you visit our site to the appropriate service. You can also add-ons completely prevent the loading of plug-ins for your browser, z. B. with the Script Blocker "NoScript" (http://noscript.net/).

6. Slideshare
On our pages we use Slideshare, offered by SlideShare Inc., 1 Montgomery St., Suite 1300, San Francisco, CA 94104, USA to present presentations. This service is operated in accordance with data protection in a 2-click solution. Thus, in the first instance, no personal data is passed on.

When you start a presentation, personally identifiable information is transmitted to Slideshare.com, Google Analytics and ComScore, a cookie is set in your browser and stored in the US. We have no control over the collected data and data processing operations, nor are we aware of the full scope of data collection, purposes and retention periods.

ComScore Inc., 11950 Democracy Drive, Suite 600, Reston, VA 20190, USA stores this data in user profiles and uses them for advertising, market research and / or tailoring purposes. You have the right to object to the formation of these user profiles, and you must comply with this requirement to ComScore.

The privacy policy of SlideShare can be found here: http://www.slideshare.net/privacy
The privacy policy of comscore here: http://www.comscore.com/About_comScore/Privacy_Policy

7. Google Analytics
This website uses Google Analytics, an analysing web service of Google Inc. (“Google”). Google Analytics uses so-called “Cookies”, text files that will be saved by your computer for analysing your use of the website. The information of your using behaviour on the website is collected by the cookie and will be sent to and saved on a server in the USA. Google will also transfer these data occasionally to a third party, if obligated to by law or if the third party is mandated by Google.

In case of activating the IP-anonymization on this website, Google will shorten your IP-address for the transfer in the EU and the contract state of the European economic zone. Only in rare cases, the full IP-address will be transferred to the USA and then shortened. We inform you, that on this website Google Analytics was extended with the code “gat_anonymizeIp();”, to ensure an anonymized capture of IP-addresses (so called IP-Masking).

By order of the operator of this website, Google will use this information to analyse your usage of this website, to report the activities on the website and to fulfil additional services for the operator of this website concerning the using behaviour of this website and the internet. The hereby by your browser transferred IP-address will not be combined with any data of Google.

You can prevent the storage of cookies in your browser settings; allow us to point out though that you might not be able to use the complete services of the website in case you disable cookies.

You may find further information under http://www.google.com/intl/de/analytics/privacyoverview.html (general information to Google Analytics and data protection).

8. Data protection measures of stored data
We commit ourselves to protecting your privacy and to treat your personal data confidentially. We implement technical and organizational measures that are verified periodically and adjusted to the technical progress in order to avoid misuse or loss of the stored data. Please note that due to the structure of the internet it is possible that these data protection rules and measures may not be followed by other persons or institutions. Especially unencrypted data can be read by others, even if they were sent by mail. It is the users` responsibility to protect his or her data against misuse.

Find a detailed list of cookies used on our website here.

9. Hyperlinks to unknown websites
Our website contains so-called hyperlinks to websites of other providers. By activating a hyperlink, you will be guided from our website directly to the other providers` website which will be indicated by change of the URL. We cannot take responsibility for the confidential use of your data on the external website as we have no influence on whether they are compliant with data protection rules. We strongly advise you to inform yourself about the handling of your personal data by these providers on their own websites.

10. Objection / withdrawal
You may have given the following consent particularly.
Consent to receive advertising mails / newsletter: ( ) Yes, I would like to receive the BCC-newsletter to my submitted e-mail address. I can withdraw the newsletter service any time by using the link “unsubscribe” at the end of the newsletter, by contacting contact@bcc.biz.

Please note that you can object to the given consent any time and that you can withdraw your consent for the analysis and processing of your data for advertising purposes: please contact contact@bcc.biz.

11. Information about your personal data / storage duration / deletion
We store your personal data according to the legal requirements. The deletion of the data takes place when the user withdraws his consent to the storage or when the data is no longer necessary for the provided services, especially when the customer account is deleted or when the storage is no longer allowed by law.

On request we will inform you about personal data we have stored.  In case the stored data is inaccurate, we will correct this immediately. You have the possibility to check, change or delete the provided data by contacting us any time via contact@bcc.biz.

If you request to have your data deleted, we will act immediately. If the deletion is not possible by law, the data processing will be restricted. Please note, that we cannot offer our services any more after the deletion of your data.

12. External Data Protection Officer
If you have any further questions regarding the data protection in our house or concerning this Privacy Policy please contact our external data protection officer:

Dr. Karsten Kinast, LL.M, Attorney at law
KINAST Rechtsanwaltsgesellschaft mbH
Hohenzollernring 54
D-50672 Köln
Tel.: +49 221 222183-0
E-Mail: mail@kinast.eu
Website: www.kinast.eu

As of October 2023.

General maintenance & service conditions

BCC Unternehmensberatung GmbH
Frankfurter Straße 80-82
65760 Eschborn, Germany
(hereinafter referred to as “BCC”)

1. Scope of service
1.1 Unless agreed otherwise, BCC shall provide maintenance services for the software acquired by the customer according to the following conditions.

1.2 Precondition for the maintenance is a valid license and the acceptance of the licensing terms.

2. Contract term
After acquisition of the licenses, the customer receives maintenance services for the first 12 months (“service period”) free of charge. The maintenance agreement shall be automatically renewed for a future period of 12 month unless either party gives notice at least 3 month prior to the end of a service period. Any termination requires written form.

3. Maintenance Services
Maintenance services include:

3.1 Updates. The current version of the software is provided via internet download or via e-mail. Each new version shall ensure that the data created by the three (3) previous minor-releases shall be usable. In case conversion tools are necessary for such further usage, they are part of the service under this maintenance and service conditions. The customer will install new versions following the installation instructions provided by BCC. Upon request of the customer the installation can be undertaken by BCC as part of an on-site support and against invoice.

3.2 Documentation. The maintenance services cover the provision of the latest documentation of the current version of the Lotus Notes database, via e-mail to an authorized employee of the customer or via internet download.

3.3 Error Correction. BCC shall correct software errors according to the following conditions: Errors are functional differences of the behaviour of the Software compared to the current description of functions. The correction will take place in the form of giving appropriate instructions how to operate the software in terms of handling, through error correction in form of bypass solutions or through individually modified program modules or a new version. Only authorized employees of the customer are allowed to notify BCC of any errors. Customer´s detailed error characterization and the possibility of replication of the error is a precondition to the error construction. If the examination of the error results in a finding that the characterized error is not caused by the software, the customer shall bear the costs of such examination. Additional precondition is the use of the latest version of the Software mentioned in the license agreement or order confirmation, and the regular installation of delivered updates. There is no claim of error correction if the customer does not use the latest minor release including officially available MR/MUs of Notes/Domino referring to the version of Notes mentioned in the software description of functions and if it turns out in the course of the examination that this is the reason for the error. In this case, the customer shall bear the costs of the examination. The customer shall bear the costs for any error correction occurring anyway (workaround, patch, …).

4. Error Classes
4.1 Errors are classified as follows:

• Severity 1 – Critical Business Impact
  Errors causing the software to be fully inoperative, or so severely impaired that the daily business cannot be executed.
  
  
• Severity 2 – Significant Business Impact
  Errors, which significantly restrict or prevent the use of the entire system, however, the daily business is still possible.

The customer shall inform BCC about the severity level of the error while reporting the error. The severity level of a reported error can be changed depending of the good understanding between both parties.

4.2 Reaction time

• Severity 1
  Maximum reaction time of 4 hours if the error is reported until 12 p.m. CET. If the error is reported after 12 p.m. CET reaction time will be extended to 12 p.m. of the next following work day.
  
  
• Severity 2
  Maximum reaction time of 24 hours if the error is reported until 12 p.m.

5. Support Calls
During service hours BCC provides support via telephone for information directly linked to the software. Service hours are working days from Mondays to Fridays from 9 am to 5 pm with the exception of legal holidays.

Support service via e-mail: support@bcc.biz

Each call or e-mail of an authorized employee of the customer will be counted as one support call. The call will be analysed and classified by BCC´s support staff. If the problem cannot being resolved during the call, all further calls in connection with this problem shall be considered to be part oft he initial call.

If BCC´s support staff observes that the error is clearly reproducible, the call does not count as support call.

BCC shall inform the customer about the receipt of the call and the corresponding call number.

The fees of the maintenance agreement include 5 support calls per year. Additional support calls can be ordered at the extra charge of 750,- EUR plus VAT per additional package of 5 calls. Such acquired support calls do not expire after one year. However, unused support calls will not be reimbursed after termination of the maintenance agreement.

6. On-Site-Support
Upon request, BCC provides on-site-support on a separate account.

7. Fees
The annual maintenance and support fee is based on BCC´s current price list and is due within 14 days in advance at the time of the order and without deductions.

BCC is entitled to raise the respective fee for the following maintenance period with an announcement period of three months. If the fees rise more than 5 % within 12 months, the customer has the right to terminate the maintenance agreement with a notification period of one month before the beginning of the fee increase.

8. Customer´s obligations of co-operation
The customer shall ensure that, at any time, at least two of his employees are adequately trained, especially in the usage, execution, assistance, configuration and properties oft he software. The trained employees shall be defined as rightful contact persons to BCC.

The customer shall provide adequate protection of his data. Prior to any implementation of a maintenance service the customer is obliged to make a data backup.

The customer shall ensure that in case of an on-site-support BCC´s staff are granted the necessary access to the premises or technical environments (e.g. server) of the customer without undue delay.

9. Additional services
In addition to the services mentioned above, the customer is entitled to use the following services on account:

• If the customer wants the integration of customer specific additions into the standard software, BCC shall record the addition of the functions to the standard in functional description detailing the expected implementations costs in written form. BCC will implement the changes in appropriate time and in line with its release planning.
  
  
• If the customer does not want the integration of specific additions to the standard software, BCC shall present a written offer including expected costs for the implementation of the functions in executing an upgrade to a new version. The customer shall have a non-exclusive right of use for the created additions within the scope of the rights granted in the software, with which or instead of which the additions are used or shall be used. The customer cannot demand any source code for the addition.

10. Excluded Services
This maintenance and service conditions do not include:

• Necessary work and other restoration or services caused by inappropriate handling, viruses, abuse, accident, fire, water, theft, environmental conditions at the installation side, errors or malfunction or the power supply or force majeure.
  
  
• Especially the correction of errors caused by amendments of design-elements (Lotus Notes applications as well as related data according to the documentation).
  
  
• Correction of problems or errors caused by actions of unauthorized persons.
  
  
• Correction of errors turning out to be hardware errors.

11. Confidentiality
BCC and the customer shall be obliged to treat all confidential information, business and company secrets obtained within the scope of the contractual relationship confidentially and in particular not to give the aforementioned to third parties or use them in a manner inconsistent with contractual purposes. These obligations shall continue to be binding after the term of this agreement.

12. Rights of Use
12.1 BCC shall grant the customer the right to use all corrections of the software according to the scope of the rights granted in the software, with which or instead of which the corrections are used or shall be used. Clause 9 of this agreement remains unaffected.

12.2 The rights of use on the replaced software expires within two (2) weeks after the customer uses them productively, at least one calendar month after receipt of the delivered program.

13. Warranty
13.1 BCC warrants that the maintenance and services according to this agreement are free from defects. A minor defect is irrelevant. The precondition for warranty claims shall be the ability to determine or reproduce the defects.

13.2 Material defects are rectified according to clause 3 of this agreement. During the course of this agreement no further fulfilment claims exist.

13.3 The warranty is subject to the last version of the software provided to the customer.

13.4 The warranty period shall be 12 months. The period begins with delivery of the software. If the customer is a business person the warranty shall be deemed excluded, if the customer does not check the maintenance programs immediately and does not announce detectible defects immediately.

13.5 Product descriptions and other descriptions of property do not represent a guarantee.

14. Liability
14.1 BCC shall be liable for intent and gross negligence in line with the statutory provisions. Liability is excluded for ordinary negligence, if the liability is not related to typical contractual damages or infringements of cardinal obligations.

14.2 In case of a claim against BCC based on warranty or liability, the customers contributory negligence shall be adequately considered, particularly in case of inadequate error notices or data backup.

14.3 The customer is responsible for adequate and current data backup as well as for ensuring a prompt and commercial reasonable recovery of lost data.

14.4 BCC´s liability for damages – independent of the legal basis – is limited to the amount of the annual maintenance fee. This does not apply in case of liability for intent and gross negligence or infringement of a person´s body, life or health.

14.5 The liability for damages can only be invoked within a preclusion period of one year after beginning of prescription under applicable law.

15. Final Provisions
15.1 Amendments and additions to this agreement require written form.

15.2 In addition to this agreement BCC´s general terms and conditions apply.

15.3 This agreement shall be governed by the laws of the Federal Republic of Germany except for the UN Sales Convention (CISG).

15.4 The courts of BCC´s registered office shall have exclusive jurisdiction over all dispute arising under and in connection with this maintenance agreement.

15.5 Should any provision of this agreement be or become invalid, this shall not affect the validity of the remaining terms. The parties shall in such event be obliged to cooperate in the creation of terms which achieve such legally valid result as comes closest commercially to that of the invalid provision. The above shall apply accordingly to the closing of any gaps in this agreement.

As of April 2013.

General terms & conditions

BCC Unternehmensberatung GmbH
Frankfurter Straße 80-82
65760 Eschborn, Germany
(Hereinafter referred to as “BCC”)

1. Scope
These General Terms and Conditions shall apply to all present and future claims arising out oft he business relationship between BCC and its customers, especially:

• for the transfer of right of use of BCC-Software bought, leased or rented by its customer;
• for servicing and maintenance work by BCC according to a maintenance agreement;
• for other services provided by BCC on behalf of the customer, unless supplementary contractual terms are included in the contract.

Insofar as contracts or quotations of BCC contain clauses which deviate from theses general terms and conditions the individually agreed contract provisions take prioritiy over these general terms and conditions. Deviating terms and conditions of the customer, which have not been expressly accepted by BCC in writing, shall not be binding.

2. Subject matter of the contract in case of the provision of software
2.1 The nature and scope of services of the Software as well as the environment for which it was released can be derived from the product description.

2.2 BCC provides the software to the customer in object code with user documentation. The customer receives the user documentation in electronic and printable form.

2.3 The software will be installed and put into operation by the customer. Instead of the customer BCC can install the Software. All support by BCC (including specifically installation, consultancy, training and acceptance test) are to be compensated on time-spent-basis, if not otherwise agreed upon.

2.4 Payment is dependent on the total number of users deposited in the Lotus Notes System as well as on the licensed scope of function and is calculated on the basis of BCC´s price list. The relevant sales prices are net prices without statutory value added tax; value added tax shall be added to the prices at the applicable rate. If the customer is in delay of payment, BCC will be entitled to charge interest at the rate charged by commercial banks for current account loans, however at least 8% above the base interest rate.

2.5 Unless otherwise agreed, the purchase of the software includes a support and maintenance agreement, which is free of charge for the first twelve (12) months. The support and maintenance agreement includes updates or new versions of the software, phone and email support as well as troubleshooting. Services rendered at the customer´s site will be charged separately. The support and maintenance agreement shall be automatically extended for one more year unless it is terminated by one party three month prior to the end of the service period in writing.

3. Rights of Use
3.1 Upon complete payment of the due remuneration, BCC shall grant the customer a right to use the software specified in the license agreement. In the absence of such agreement BCC grants the customer a simple non-exclusive and non-transferable right of use on a permanent basis (exception: time-based test- or rental licenses). The software license is valid for the customer´s operating-/organizational unit only and depends on the total number of named and designated Notes users. The software license is tied to the customer´s lotus notes domain and the lotus notes 0-certifier. The scope of the license is specified in the customer´s binding order.

3.2 No further rights of use to the software are granted. Customer may use the software only for his internal business. Especially (i) the operation, rental or lease of the server environment by a third party or (ii) the temporarily provision of the software (e.g. as Application Service Providing) for others than companies of the group or (iii) or the use of the software to educate persons not being employees of customer are only allowed after previous written consent from BCC. Any commercial subletting is prohibited.

3.3 Copies of the software are only admissible, as far as this is necessary for the contractual use. The customer is entitled to to make backup copies of the software to the extend needed. Backup copies on movable data carriers are to be marked as such and are to be provided with the copy right note of the original data carrier.

3.4 The customer is forbidden to edit, translate, revers engineer, decompile or in any other manner to attempt to discover the source code of the Software.

3.5 In case of an overuse of the software by the customer, the customer shall reimburse BCC and pay a higher price in accordance with the current price list. The Customer shall inform BCC on its own initiative in case of an overuse of the software. This does not mean a general consent of BCC with the overuse. On request the customer shall present documentation containing place, version and number of copies of the software.

3.6 BCC is entitled to adopt appropriate measures to prevent usage other than that contractually agreed. The use of the software on an alternative or subsequent configuration may not be significantly affected by this.

3.7 BCC may revoke customer´s right of use if the letter significantly contravenes any restrictions of use or any other regulations ensuring protection against unauthorized use. BCC shall set a deadline to take remedial action.

3.8 BCC retains title of ownership to any reproductions until the purchase price has been paid in full. Any prior given rights of use are provisional and revocable.

3.9 The customer has no entitlement to be provided with the source code.

3.10 If BCC leaves to customer for rectification of defects or maintenance any supplements, (e.g. patches or supplementations of the manual), or a new publication of the contractual subject matter (e.g. updates, upgrades) replacing the earlier-left contractual subject matters, they are subject to this contract´s provisions.

4. Protection of Software
Unless otherwise agreed in writing, all copyright, trademark and other protection rights to the software belong to BCC. This is also applicable for amendments of the software by BCC.

5. Obligations of the Customer
5.1 The customer must ensure that at the time of delivery expert personal are available to support BCC and the use of the software.

5.2 The customer acknowledges that the Software as well as the documentation – also future versions of it - is copyrighted. The source code of the software is a trade secret of BCC.

6. Warranty and Liability
6.1 BCC warrants that the software corresponds to the tasks specified in paragraph 2.1 if used according to the contract.

6.2 The parties agree that it is not possible with the current status of technology to eliminate software faults under all operating conditions. Obvious defects are to be indicated in writing at least 14 days after receipt of delivery. Warranty claims shall only exist if the customer has immediately inspected the goods and immediately complained about a defect within 8 days after delivery or recognition oft he defect. The warranty period is 1 (one) year, beginning with the date of delivery.

6.3 If a customer claim for defect is justified, he shall initially be entitled only to subsequent rectification within an appropriate time limit. At BCC´s election such subsequent performance shall either consist of subsequent performance or the delivery of a substitute software. The customer's interests will be considered reasonably.

6.4 If the subsequent fulfilment fails or is impossible, the customer may demand reduction of payment or withdraw from the contract. The precondition for this is, that the customer has set a further delivery time by recorded delivery. No further claims, insofar as these are legally permissible, can be accepted for faulty delivery or infringement of subsidiary contractual obligations by BCC; this applies to damage as well as to consequential damage due to defects.

6.5 BCC will assume liability within the legal limits for damages on bodily injuries and in case of the breach of a cardinal obligation. Furthermore, BCC is liable only for wilful intent or gross negligence. Where BCC is excluded from liability, this also applies to employees, legal representatives and vicarious agents of BCC. The rules of the product liability act remain untouched. There is no warranty for the software to work error-free in conjunction with other products. If the customer fails to comply with operating and servicing constructions, the assertion of warranty claims is excluded.

7. Subject matter for the provision of services
7.1 BCC only performs services according to the contractual agreed provisions. The customer is responsible of the project and success.

7.2 BCC may perform the service in whole or in parts.

8. Provision of Services
8.1 Unless otherwise agreed upon, the service shall be performed at the registered office of BCC.

8.2 The customer shall not be entitled to have the service performed by certain BCC employees.

9. Customer´s cooperation duties
The customer shall ensure that his appointed contact person provides all documents, information and data necessary for the service performance to BCC completely, correctly and in good time.

10. Rights of use for the provision of services
10.1 Unless agreed otherwise, BCC shall grant the customer the non-exclusive and nontransferable right to use the results of the service, performed and delivered to the customer by BCC within the scope of the contract, for his own internal purposes for an unlimited period of time within the scope of the contractually foreseen application purpose. As for the rest, all rights remain with BCC.

10.2 BCC may revoke the customer´s right of use if the latter significantly contravenes any restrictions on use or any other regulations ensuring protection against unauthorized use, prior to which BCC may set a final deadline for remedy. The customer shall confirm any suspension of use following the revocation in writing.

11. Remuneration for the provision of services
11.1 Records of expenditure shall be deemed to be accepted insofar as the customer does not contradict them in detailed written form within 21 days of receipt.

11.2 A man-day equals 8 (eight) man-hours.

11.3 Unless agreed otherwise, all reasonable travel costs and expenses shall be refunded. Travelling time shall be treated as working time.

12. Defaults for the provision of services
If the service is not provided properly and BCC is responsible for this (default), BCC shall be obliged to provide the service, fully or in parts, at no extra cost to the customer and within an appropriate period of time unless this would only be possible with an unreasonable amount in effort. This obligation shall only apply if the customer reports the default in writing without delay, but at the latest within 2 (two) weeks after acknowledgement of the default.

13. Place of jurisdiction
This contract is governed by the laws of the Federal Republic of Germany excluding the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising in relation to this agreement shall be court legally responsible for the head office of BCC. BCC remains entitled to raise complaint or other judicial procedures in the general legal venue of the customer.

14. Partial ineffectiveness
The ineffectiveness of one or several provisions of this contract does not affect the effectiveness of the contract apart from that. The contracting Parties shall have a duty to agree other effective provisions in place of such ineffective provisions, which shall approach most nearly to the commercial intention of said ineffective provisions. The above applies accordingly for any contract gaps.

15. Written form
Amendments of and supplements to these General Terms and Conditions and any following agreements must be in writing in order to become effective.

As of April 2013.