Legal
The general terms and conditions (GTC) and the general contract terms (AVB) are listed below.
Terms and Conditions (GTC)
General Terms and Conditions of RegioDomus UG (haftungsbeschränkt), Wibbeltstraße 1, 59302 Oelde, Germany, email-address: amortisator{at}regiodomus.com (hereinafter referred to as "Provider") for the APP "Amortisator"
1. General provisions
The provider provides its users with an app in accordance with these GTC. Subject to express consent, the provider does not recognise any terms and conditions that deviate from these terms and conditions and are used by the user. If the APP is distributed via an app store, the GTC of the respective app store also apply to the purchase of the app.
The provider provides the users of the APP (customers and customer advisors) with an APP with which calculation forecasts can be made about when a photovoltaic system will pay for itself.
The calculations of the APP are based on a set of formulas developed by the provider. The formulas were created to the best of our knowledge and belief and taking into account current findings on the economic efficiency of photovoltaic systems. However, it should be noted that the profitability and amortization of photovoltaic systems cannot be predicted with certainty and is partly dependent on unpredictable factors (e.g. general electricity price development, inflation). The underlying formulas may also be adapted in the future due to currently unknown findings. The result of the calculations is therefore to be understood as a prognosis. There can be no assurance that the projected result will be realized as forecast.
The provider is not involved in the contractual relationships arising between the customer advisorsand the customers. He is only responsible for the error-free provision of the APP. All consultancy contracts are concluded exclusively between the client advisor and the client. Subject to the provisions under "Liability and Indemnification", the provider is not responsible for incorrect entries in the determination of profitability forecasts.
The provider provides the services in compliance with the respective state of the art. He is constantly developing the APP and will improve it through ongoing updates and upgrades . The availability of the APP is 98.5% on an annual average including maintenance, but the availability must not be impaired or interrupted for more than two calendar days in a row. This does not apply to necessary regular maintenance work and those periods in which availability is restricted due to events for which the provider is not responsible (e.g. force majeure, acts of third parties, technical problems or changes in the legal situation).
3. Use of the APP to find customer advisors in your area
Customers can use the APP free of charge to contact customer advisors and work with them to determine forecasts for the profitability and amortization of their (planned) photovoltaic systems.
4. Use of the APP to calculate the amortisation of photovoltaic systems
Customer advisors as well as customers can use the APP to create calculation forecasts for the profitability and amortisation of photovoltaic systems. As soon as the result of the calculation forecast is available, the customer advisor may take this amortisation calculation available to the customer or, if the customer carries out the amortisation calculation himself without a customer advisor, make himself available. The customer can make this calculation available to his bank or tax advisor for financing purposes. This use of the APP is chargeable. Prices and terms of payment result from the offers of the provider.
If the customer advisor enters personal data of his customers into the APP, the provider acts as a processor of the customer advisor when processing this data. For the contractual relationship between the provider and the customer advisor, the attached conditions for order processing apply additionally.
The customer of the customer advisor can rate the customer advisor on the platform. These ratings are visible to all persons who are looking for a customer advisor in the APP. Customers can also search for customer advisors in their area.
5. Obligations of the users
The user is obliged to keep the data provided during registration up-to-date at all times and to refrain from violations of these GTC and applicable law. The user must ensure that his account is secured against unauthorized access.
Furthermore, the user is obliged to use the APP only for its intended purpose and to observe all contractual and legal regulations when using the APP. Any use beyond the purpose of the user relationship is prohibited.
6. Support
Application or software issues are handled by the vendor as part of its support. Support services shall be commissioned for the purpose of processing as quickly as possible via the communication channels provided for this purpose or via the ticket system available, if applicable. Support requests are always processed chronologically during regular business hours, in the order in which they are received by the provider.
7. Content blocking and blocking
The provider is entitled to immediately block the APP or to block the respective content if there is reasonable suspicion that the stored data violates applicable law or these GTC. A reasonable suspicion of illegality and/or infringement of rights exists in particular if courts, authorities and/or other third parties inform the provider of such a suspicion. The provider must inform the user immediately about the block and the reason for it. The blocking or blocking of the content or the app will be lifted as soon as the suspicion has been refuted.
8. Warranty for Defects
The Provider guarantees the functional and operational readiness of the APP in accordance with the provisions of this contract and otherwise in accordance with the statutory warranty regulations.
9. Liability and indemnification
The provider is liable without limitation for any legal reason in the event of intent or gross negligence, in the event of intentional or negligent injury to life, limb or health, on the basis of a guarantee promise, unless otherwise stipulated in this regard, or on the basis of mandatory liability such as under the Product Liability Act. If the provider negligently violates an essential contractual obligation, liability is limited to the contractually typical, foreseeable damage, unless unlimited liability is assumed in accordance with the above paragraph. Essential contractual obligations are obligations that the contract imposes on the provider according to its content to achieve the purpose of the contract, the fulfillment of which makes the proper execution of the contract possible in the first place and on whose compliance the user may regularly rely. In all other respects, liability on the part of the provider is excluded.
The above liability provisions also apply with regard to the liability of the provider for his vicarious agents and legal representatives.
The User shall indemnify the Provider against any claims of third parties – including the costs for legal defence in their statutory amount – which are asserted against the Provider due to illegal or contractual acts of the User.
10. Data protection, confidentiality and use of anonymous data for statistical purposes
The provider is obliged to process all personal and other data that he receives within the scope of the APP confidentially and in accordance with the data protection regulations. The privacy policy of the provider applies.
11. Final provisions
The contracts concluded between the provider and the user are subject to the substantive law of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
If the user is a merchant or does not have a general place of jurisdiction in Germany, the parties agree on the registered office of the provider as the place of jurisdiction for all disputes resulting from the present contractual relationship. Sentence 1 shall not apply if an exclusive place of jurisdiction is established for the dispute.
The provider is entitled to amend these GTC for objectively justified reasons (e.g. changes in case law, legal situation, market conditions or corporate strategy) and within a reasonable period of time. Existing users will be notified by e-mail no later than two weeks before the change comes into force. If the existing user does not object within the period set in the change notification, his consent to the change shall be deemed to have been given. The notification will point out the consequences of a lack of opposition.
The user has no claim to the publication of the formulas on which the calculations of the APP are based.
The attached regulations on order processing apply to all data protection order processing operations that the provider provides to the customer advisor in connection with the provision of this app.
12. Information on Online Dispute Resolution / Consumer Arbitration
The EU Commission provides a platform for online dispute resolution on the Internet under the following link: https://ec.europa.eu/consumers/odr
This platform serves as a point of contact for the out-of-court settlement of disputes arising from online sales or service contracts in which a consumer is involved. The provider is neither willing nor obliged to participate in a consumer dispute resolution procedure according to the VSBG.
The e-mail address of the provider can be found in the heading of these GTC.
General Contractual Conditions
General Contractual Conditions for order processing pursuant to Art. 28 GDPR by RegioDomus UG (haftungsbeschränkt), Wibbeltstraße 1, 59302 Oelde, Germany(hereinafter "Contractor")
1. General provisions and subject matter of the contract
1.1 The contractor shall provide its customers (hereinafter referred to as "clients") with the services described in the following table. In doing so, the contractor processes, among other things, personal data of third parties (third-party data) on behalf of the client. For the processing of this third-party data, these General Terms and Conditions for Order Processing (hereinafter referred to as "GTC") apply.
Services in which data is processed on behalf of:
Provision of an app with which calculation forecasts for the payback period of a photovoltaic system can be created.
Types of data processed:
Names, addresses & other contact details, technical data for the photovoltaic system (e.g., electricity consumption, electricity prices, data on the object on which the system is to be installed)
Categories of persons concerned:
Customers of the client (persons who want to purchase or have acquired a photovoltaic system and are advised by the client)
1.2 The processing of the data by the contractor takes place exclusively on the territory of the Federal Republic of Germany, a member state of the European Union or a contracting state of the EEA Agreement. Processing outside these countries takes place only under the conditions of Chapter 5 of the GDPR (Art. 44 et seq.) and with the prior consent of the client.
2. Term and Termination
The term of the order processing depends on the term of the main contract. Insofar as and as long as personal data of the client are further processed in the order after termination of the main contract, this agreement shall apply until the time at which the processing of this data by the contractor ends. The right to extraordinary termination without notice for good cause remains unaffected.
3. Instructions of the client
3.1 The client has a comprehensive right to issue instructions with regard to the type, scope and modalities of data processing to the contractor. The contractor shall inform the client immediately if the contractor is of the opinion that an instruction of the client violates legal regulations. If an instruction is issued, the legality of which the contractor substantiates doubts, the contractor shall be entitled to temporarily suspend its execution until the client expressly confirms or changes it again. If there is a possibility that the contractor will be exposed to a liability risk by following the instruction, the execution of the instruction may be suspended until the liability in the internal relationship has been clarified.
3.2 Instructions must always be given in writing or in an electronic format (e.g., by e-mail). Verbal instructions are admissible in justified individual cases and will be confirmed by the client immediately in writing or in an electronic format. The confirmation must expressly justify why no instruction could be given in text form. The contractor must record the person, date and time of the verbal instruction in an appropriate form.
4. Control powers of the contracting authority
4.1 The client is entitled to regularly check compliance with the statutory and contractual provisions on data protection and data security before the start of data processing and during the term of the contract, to the extent necessary. The contractor shall enable and contribute to such verifications, including inspections, carried out by the client or another auditor commissioned by the client.
4.2 The contracting authority must ensure that the control measures are proportionate and do not lead to an undue impairment of business operations. As a rule, an examination should only take place after prior notification, unless the prior notification would jeopardise the purpose of the control. If the client appoints an auditor, the latter must not be in direct competition with the contractor.
4.3 The results of the checks shall be recorded by the client in an appropriate manner.
4.4 The contractor undertakes to provide the client with all necessary information to prove compliance with the provisions of Art. 28 GDPR.
5. General obligations of contractors
5.1 The processing of the contractual data by the contractor takes place exclusively on the basis of the contractual agreements in conjunction with any instructions given by the client. Any processing deviating from this is only permitted on the basis of mandatory European or member state legal provisions (e.g. in the case of investigations by law enforcement or state security authorities). If processing is required by mandatory law, the contractor shall inform the client of this prior to processing, unless the law in question prohibits such communication due to an important public interest.
5.2 The contractor must ensure that the persons authorised to process the personal data have undertaken to maintain confidentiality or are subject to an appropriate statutory duty of confidentiality (Art. 28 para. 3 lit. b GDPR). Prior to submission to the duty of confidentiality, the persons concerned may not have access to the personal data provided by the client.
6. Technical and organizational measures
The contractor has defined suitable technical and organisational measures to ensure an adequate level of protection and has recorded them in Appendix 1 of these GTC. The measures described there were carried out in compliance with the requirements of Art. 32 GDPR. The contractor will review and adapt the technical and organizational measures as necessary and / or occasion related.
7. Support obligations of the contractor
The contractor shall support the client in accordance with Art. 28 para. 3 lit. e GDPR in its obligations to safeguard the rights of data subjects under Chapter III, Art. 12 – 22 GDPR. This applies in particular to the provision of information and the deletion, correction or restriction of personal data. Furthermore , the contractor shall inform the client in accordance with Art. 28 para. 3 lit. f GDPR in his obligations under Art. 32 – 36 GDPR (esp. Reporting obligations). The scope of these support obligations is determined on a case-by-case basis, taking into account the type of processing and the information available to the contractor.
8. Use of sub-processors
8.1 The contractor is entitled to use sub-processors. All subcontractor relationships already existing by the contractor at the time of conclusion of the contract are conclusively attached to these GTC in Appendix 2. For the subcontractors listed in Appendix 2, consent shall be deemed to have been given upon agreement with these GTC.
8.2 If the contractor intends to use further subcontractors, the contractor shall notify the client of this in writing or electronic form in good time - but no later than two weeks - before their use. After this notification, the client has two weeks to object to the involvement of the subcontractor(s). If no objection is made within this period, the involvement of the subcontractor(s) shall be deemed approved. In urgent cases (e.g. short-term error analyses or defect rectifications), the contractor may reasonably shorten the notification and objection period for subcontractors. If an objection is made in due time, the subcontractors concerned may not be used. Objections are only admissible if the client has justified indications that data security or data protection would be restricted by the use of the subcontractor, compliance with legal or contractual provisions would be endangered and / or other legitimate interests of the client are opposed; the relevant suspicions shall be attached to the opposition.
8.3 Subcontractors are selected by the contractor in compliance with legal and contractual requirements. All contracts between processors (contractors) and sub-processors (subcontractor contracts) must comply with the statutory provisions on the processing of personal data on behalf of the client; this applies in particular to the implementation of suitable technical and organizational measures in accordance with Art. 32 GDPR in the subcontractor's company. Ancillary services used by the contractor to carry out business activities do not constitute subcontracting relationships within the meaning of Art. 28 GDPR. Ancillary activities in this sense are in particular telecommunications services without concrete reference to the main service, postal and transport services as well as other measures which are intended to ensure the confidentiality and / or integrity of the hardware and software and have no concrete connection to the main service. However, the contractor shall also ensure compliance with the statutory data protection standards (in particular through corresponding confidentiality agreements) for these third-party services.
8.4 All contracts between the contractor and the sub-processor (subcontractor agreements) must comply with the requirements of these GTC and the legal regulations on the processing of personal data in the order.
8.5 The commissioning of subcontractors in third countries is only permitted if the legal requirements of Art. 44 ff. GDPR and the client has consented.
9. Notification obligations of the contractor
9.1 Violations of these GTC, instructions of the client or other data protection regulations must be reported to the client immediately; the same shall apply if there is a corresponding reasonable suspicion. This obligation shall apply regardless of whether the breach was committed by the contractor himself, a person employed by the contractor, a sub-processor or any other person employed by the contractor to fulfil contractual obligations.
9.2 If a data subject, an authority or another third party requests the contractor for information, correction or deletion of data that the contractor processes as a processor, the contractor will immediately forward the request to the client and coordinate the further procedure with him.
9.3 The contractor shall inform the client immediately if supervisory acts or other measures of an authority are imminent, which could also affect the processing, use or collection of the personal data provided by the client. In addition, the contractor must inform the client immediately of all events or measures of third parties that could endanger or impair the contractual data.
10. Termination, deletion and return of data
After completion of the contractual data processing or after termination of the main contract, the contractormust delete or return all personal data at the discretion of the client, if there is no longer a legal obligation to store the data concerned (e.g., statutory retention periods).
11. Data secrecy and confidentiality
The contractor is obliged, for an unlimited period and beyond the end of the main contract, to treat the personal data obtained within the framework of the present contractual relationship confidentially. The contractor undertakes to familiarize employees with the relevant data protection regulations and confidentiality rules and to oblige them to secrecy before they take up their activities at the contractor.
12. Final provisions
12.1 If the contracting parties are merchants, legal entities under public law or special funds under public law, the registered office of the contractor shall be the place of jurisdiction for all disputes arising from these GTC, unless an exclusive place of jurisdiction is established for this.
12.2 Insofar as personal data in the order is concerned, the provisions of these GTC take precedence over the provisions of the main agreement.
12.3 Should the GDPR or other legal regulations referred to change during the term of the contract, the references here shall also apply to the respective successor regulations.
12.4 The contractor is entitled to amend these GTC for objectively justified reasons (e.g., changes in case law, legal situation, market conditions or business or corporate strategy) and within a reasonable period of time. Existing clients will be notified of this by e-mail no later than two weeks before the change comes into force. If the existing client does not object within the period set in the notification of change, his consent to the change shall be deemed to have been given. In the event of an objection, the contractor is entitled to terminate the contract extraordinarily at the time the change comes into force. The notification of the intended change to these Terms of Use will indicate the deadline and the consequences of the objection or its absence.
Appendix 1 – List of existing technical and organizational measures of the processor pursuant to Art. 32 GDPR
The contractor implements the following technical and organizational measures to protect the contractual personal data. The measures were defined in accordance with Art. 32 GDPR and coordinated with the client.
1. Securing the processor's workplace (access control)
The contractor's workplace shall be secured against burglary and other unauthorized access in the following manner:
Manual locking system / door locks
Security locks
Protection of building shafts
2. Securing the processor's IT systems (access control)
The Processor's IT systems are secured against unauthorized access (e.g., hacker attacks) in the following manner:
Password assignment
Password guidelines (regular change, minimum length, complexity, etc.)
Creating user profiles in the IT systems
Login to the IT systems with individual username and password
Access rules for users / user groups in the IT systems (authorization concept)
System administrator management of permissions
Number of system administrators is reduced to the "essentials"
regular and occasional updating and checking of access rights (especially in the event of employee departures or similar)
Use of anti-virus software
Use of a hardware firewall
Use of a software firewall
Use of intrusion detection systems
Disk encryption
Encryption of mobile data carriers (mobile phones, laptops, etc.)
Encryption of external data carriers (external hard drives, USB sticks, etc.)
Encryption of data backup systems
Secure storage of data carriers
3. Logging of data processing processes (input control)
The following measures ensure that the processor can recognize at any time which data processing processes have taken place in his data processing systems (e.g., input, modification, blocking or deletion):
Logging of access to the processor's IT systems (log logs)
Logging of entries, changes and deletions (log logs)
Logging of the actions of individual users
Traceability of input, modification and deletion of data by individual usernames
Retention of forms from which data have been transferred to automated processing
4. Secure deletion of data
The following measures ensure the proper deletion of the contractual data:
Deletion concept
Proper disk cleanup before reuse
5. Data protection at the contractor's subcontractors
The following measures ensure that the subcontractors selected by the contractor behave in compliance with data protection regulations:
Selection of subcontractors from a due diligence point of view (especially regarding data security)
Conclusion of GDPR-compliant order processing contracts with the subcontractor
ongoing and event-related review of the subcontractor
Ensuring the destruction of the data at the subcontractor after completion of the order
Agreement of contractual penalties for infringements
6. Backup of data during transport and transmission (transfer control)
The following measures ensure that personal data is protected from unauthorized third parties during disclosure (physical and / or digital):
Use of VPN tunnels
Encryption of e-mail traffic
Encryption of other communication channels
Encryption of physical disks in transit
7. Backup and backups (availability and recoverability)
The following measures ensure that the contractual data is available at all times:
Backup- & recovery concept
Testing Data Recovery
Keep backups in a secure, offsite location
Uninterruptible Power Supply (UPS)
8. Other data protection measures
The following additional data protection measures have been implemented:
internal rules of conduct
data security concept
recovery concept
9. Review, evaluation and adaptation of the present measures
The processor shall check, evaluate and, if necessary, adapt the technical and organizational measures described in this Appendix at intervals of 12 months and as appropriate.
Appendix 2 – List of existing subcontractors at the time of conclusion of the contract
- none
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