General Terms and Conditions of HASOMED GmbH

GTC Consumers

GTC Entrepreneurs

GTC Software

General Terms and Conditions of HASOMED GmbH in Relation to Consumers

§ 1 Scope

(1) These are the terms and conditions exclusively applicable between you and us,

HASOMED - Hard- und Software für Medizin Gesellschaft mbH (for brevity: HASOMED)
Paul-Ecke-Strasse 1
39114 Magdeburg

unless changed by written agreements between the parties. These provisions apply to the conclusion of contracts with consumers (§ 13 of the German Civil Code).

(2) HASOMED reserves the right to exclude products from sale to consumers. This is clearly noted on the corresponding products.

(3) In addition, the licence agreements for the sale of software and the program-specific additional agreements apply to the conclusion of contracts for purchasing software.

(4) In addition, HASOMED's stipulations regarding the General Data Protection Regulation (GDPR) apply.

§ 2 Conclusion of contract

(1) The presentation of our goods on our website or in other advertising media does not constitute a binding offer on our part. However, you can contact us at any time to purchase a product. You will then receive a complete offer, the General Terms and Conditions and, depending on the product, the licence conditions and additional agreements. You will then also receive the withdrawal policy. We are bound to this offer for 14 days after sending it.
Your written confirmation of this offer (email, fax, letter) is the acceptance of the contract.

(2) The essential characteristics of the goods we offer and the validity period of limited offers can be found in the individual product descriptions within our website, or the details of our offer.

(3) The prices we quote are final prices including taxes but excluding shipping. The shipping prices can be found on the product or on the offer.

(4) If the goods you have ordered are not available, we reserve the right not to provide the service. You will be informed immediately and any charges already paid will be refunded immediately.

§ 3 Payment terms

(1) We currently offer payment via PayPal, direct transfer, advance payment and direct debit. Billing is preferably done electronically, to the email address you have provided.

(2) The goods remain our property until they have been paid for in full. If you are in arrears with payment for more than 10 days, we have the right to withdraw from the contract and reclaim the goods.

§ 4 Delivery terms

(1) We deliver the goods in accordance with the agreements made with you. Any shipping costs incurred are listed in the product description or the offer and will be shown separately on the bill. The goods are dispatched immediately after the payment has been received or after the payment service provider has been informed that a payment has been made, whichever happens first.

(2) If we do not deliver the goods or do not provide them in accordance with the contract, you must set us a grace period to effect the service. Otherwise you are not entitled to withdraw from the contract.

§ 5 Right of withdrawal

As a consumer (§ 13 of the German Civil Code) you have a right of withdrawal. With regard to the requirements and legal consequences of the right of withdrawal, refer to the withdrawal policy in the appendix.

Withdrawal policy »

§ 6 Warranty

(1) If the goods delivered are defective, you are entitled, within the framework of the statutory provisions, to request supplementary performance first and, if the supplementary performance fails, to withdraw from the contract or reduce the purchase price.

(2) The limitation period for warranty claims for the delivered goods is two years from receiving them.

§ 7 Limitation of liability

(1) We are liable for intent and gross negligence. Furthermore, we are liable for the negligent breach of obligations whose fulfilment enables the proper execution of the contract in the first place, whose breach jeopardises achieving the purpose of the contract, and which you as the customer regularly trust to be observed. In the latter case, however, we are only liable for the foreseeable damage typical of this type of contract. We are not liable for the slightly negligent breach of obligations other than those mentioned in the preceding sentences.

The above exclusions of liability do not apply to injury to life and limb or health. Liability under the German Product Liability Act remains unaffected.

§ 8 Final provisions

(1) Any changes or additions to these Terms and Conditions must be in writing. This also applies to any waiver of this written form requirement.

(2) The assignment of claims that are non-monetary is only permitted with the prior written consent of the other contracting party. Permission for this may not be unreasonably withheld.

(3) A right of retention can only be asserted due to counterclaims from the respective contractual relationship.

(4) The law of the Federal Republic of Germany applies to the exclusion of the UN Sales Law. Mandatory provisions of the state where you habitually reside remain unaffected.

(5) If you were domiciled or habitually resident in Germany when the contract was concluded and either relocated at the time the action was filed or your whereabouts are unknown at this time, the place of jurisdiction for all disputes is our company's seat in Magdeburg.
If you are not resident or habitually resident in a member state of the European Union, the courts of our seat are exclusively competent for all disputes.

For the rest, the place of jurisdiction is the seat of the consumer.

(6) Should individual provisions of this contract be ineffective or contradict the legal regulations, this will not affect the rest of the contract.

General Terms and Conditions of HASOMED GmbH in Relation to Entrepreneurs

§ 1 Scope

(1) All deliveries, services and offers from

HASOMED – Hard- und Software für Medizin Gesellschaft mbH (for brevity: HASOMED)
Paul-Ecke-Strasse 1
39114 Magdeburg

take place exclusively on the basis of these General Terms and Conditions. These are part of all contracts that HASOMED concludes with its contractual partners (hereinafter also referred to as the "Client") for the deliveries or services it offers. They also apply to all future deliveries, services or offers to the Client, even if not separately agreed again.

(2) The terms and conditions of the Client or third parties do not apply, even if HASOMED does not specifically object to their validity in individual cases. Even if HASOMED refers to a letter that contains or refers to the terms and conditions of the Client or a third party, this does not constitute consent to the validity of those terms and conditions.

(3) In addition, the licence agreements for the sale of software and the program-specific additional agreements apply to the conclusion of contracts for purchasing software.

(4) In addition, HASOMED's stipulations regarding the General Data Protection Regulation (GDPR) apply.

§ 2 Offer and conclusion of contract

(1) All offers from HASOMED are subject to change and non-binding, unless they are expressly marked as binding or contain a specific acceptance period. HASOMED can accept orders within fourteen days of receipt.

(2) The only thing decisive for the legal relationship between HASOMED and the Client is the written sales contract, including these General Terms and Conditions. This fully reflects all agreements between the contracting parties on the subject of the contract. Verbal commitments by HASOMED prior to the conclusion of this contract are not legally binding and verbal agreements between the contracting parties are replaced by the written contract, unless it is expressly stated in each case that they will continue to apply.

(3) Supplements and changes to the agreements made, including these General Terms and Conditions, must be made in writing to be effective. With the exception of managing directors or authorised officers, the seller's employees are not entitled to make verbal agreements that differ from this. To maintain the written form, transmission by fax or email is sufficient.

(4) Information from HASOMED on the subject of the delivery or service (e.g. weights, dimensions, utility values, load capacity, tolerances and technical data) as well as HASOMED's representations of them (e.g. drawings and images) are only approximately relevant, unless the usability for the contractually intended purpose requires an exact match. These are not guaranteed characteristics but rather descriptions or identifications of the delivery or service.
Customary deviations, deviations as a result of legal regulations or which represent technical improvements, and the replacement of components with equivalent parts are permissible provided they do not impair the usability for the contractually intended purpose.

(5) HASOMED reserves the right of ownership or copyright to all offers and cost estimates it makes, as well as drawings, images, calculations, brochures, catalogues, models, tools and other documents and aids made available to the Client. The Client may not make these items or their content available to third parties, disclose them, use or reproduce them itself or through third parties without HASOMED's express permission. At HASOMED's request, the Client must return these items to HASOMED in full and destroy any copies made if it no longer requires them in the ordinary course of business or if negotiations do not lead to the conclusion of a contract.

§ 3 Prices and payment

(1) The prices apply to the scope of service and delivery stated in the order confirmations. Additional or special services will be charged separately. The prices are in EUROS, ex works, plus packaging, statutory Value Added Tax, customs duties in the case of export deliveries, along with fees and other public charges.

(2) Insofar as the agreed prices are based on HASOMED's list prices and delivery is only to take place more than four months after the conclusion of the contract, HASOMED's list prices valid on delivery apply (in each case minus an agreed percentage or fixed discount).

(3) Invoice amounts are to be paid within the period indicated on the invoice without any deduction, unless otherwise agreed in writing. The decisive factor for the date of payment is receipt by HASOMED. If the Client does not make payment by the due date, the outstanding amounts will bear interest at 8% pa from the due date; the assertion of higher interest and further damages in the event of delay remains unaffected.

(4) Offsetting against counterclaims by the Client or withholding payments due to such claims is only permitted if the counterclaims are undisputed or have been legally established.

(5) HASOMED is entitled to only perform or provide outstanding deliveries or services against advance payment or security if it becomes aware of circumstances after the conclusion of the contract which are likely to significantly reduce the Client's creditworthiness and through which the Client's payment of HASOMED's outstanding claims from the respective contractual relationship (including from other individual orders covered by the same framework contract) is at risk.

§ 4 Delivery and delivery times

(1) Deliveries are made ex works.

(2) Deadlines and dates for deliveries and services promised by HASOMED are always only approximate, unless a fixed period or date has been expressly promised or agreed. If shipping has been agreed, delivery periods and delivery dates refer to the time of handover to the forwarding agent, carrier or other third party commissioned with the transport.

(3) HASOMED can – without prejudice to its rights arising from the Client's delay – ask the Client to extend delivery and service deadlines or to postpone delivery and service dates by the period for which the Client does not meet its contractual obligations towards HASOMED.

(4) HASOMED is not liable for the impossibility of delivery or for delays in delivery, insofar as these are caused by force majeure or other events not foreseeable at the time of concluding the contract (e.g. operational disruptions of all kinds, difficulties in material or energy procurement, transport delays, strikes, lawful lockouts, shortage of manpower, energy or raw materials, difficulties obtaining the necessary official permits, official measures or the lack of, incorrect or late delivery by suppliers) for which the seller is not responsible. If such events make the delivery or service significantly more difficult or impossible for the seller and the hindrance is not only of a temporary nature, HASOMED is entitled to withdraw from the contract. In the event of temporary obstacles, the delivery or service deadlines are extended or the delivery or service dates are postponed by the period of the hindrance plus a reasonable start-up period. If the Client cannot be expected to accept the delivery or service as a result of the delay, it can withdraw from the contract by means of an immediate written declaration to HASOMED.

(5) HASOMED is only entitled to make partial deliveries if:

the partial delivery can be used by the Client within the scope of the contractually intended purpose
the delivery of the remaining ordered goods is assured and
the Client does not incur any significant additional effort or costs (unless HASOMED agrees to assume these costs)

(6) If HASOMED is in arrears with a delivery or service or if a delivery or service becomes impossible for any reason, HASOMED's liability is limited to compensation in accordance with § 8 of these general delivery terms.

§ 5 Place of performance, shipping, packaging, transfer of risk, acceptance

(1) The place of performance for all obligations arising from the contractual relationship is Magdeburg, unless otherwise specified. If HASOMED also owes the installation, the place of performance is the place where the installation must be carried out.

(2) The mode of shipping and packaging are subject to HASOMED's dutiful discretion.

(3) The risk passes to the Client no later than the transfer of the shipped goods (here the beginning of the loading procedure is the determining factor) to the freight forwarder, carrier or other third party hired to ship the goods. This also applies if partial deliveries are made or HASOMED has taken on other services (e.g. shipping or installation). If shipping or delivery is delayed due to a circumstance caused by the Client, the risk passes to the Client from the day on which the delivery item is ready for shipping and HASOMED has notified the Client of this.

(4) Storage costs after the transfer of risk are borne by the Client. When stored by HASOMED, the storage costs amount to 0.25% of the invoice amount of the delivery items to be stored for each past week. The right to assert and provide evidence of additional or lower storage costs is reserved.

(5) HASOMED will only insure the shipment against theft, breakage, transport, fire and water damage or other insurable risks at the Client's express request and at its own expense.

(6) If an acceptance has to take place, the purchased item is considered to have been accepted if:

the delivery and, if HASOMED also owes it, the installation is complete
HASOMED has communicated this to the Client with reference to the assumed acceptance according to this § 5 (6) and asked it to accept it
10 working days have passed since delivery or installation or the Client has started using the purchased item (e.g. started up the supplied system/product) and in this case 5 working days have passed since delivery or installation, and
the Client has failed to accept within this period for a reason other than a defect reported to the seller, which makes the use of the purchased item impossible or significantly impairs it

§ 6 Warranty, material defects

(1) The warranty period is one year from delivery or, if acceptance is required, from acceptance.

(2) The delivered products are to be carefully examined immediately after delivery to the Client or the third party it appoints. They are considered approved if HASOMED does not receive a written notice of defects with regard to obvious defects or other defects recognisable during an immediate, careful examination, within 5 working days after delivery of the delivery item or otherwise within 5 working days after the defect was discovered or at any earlier point in time, in which the defect was recognisable to the Client without further investigation during normal use of the delivery item. At HASOMED's request, the objectionable delivery item must be returned to the seller carriage paid. If the complaint is justified, HASOMED will reimburse the cost of the cheapest shipping route; this does not apply if the costs increase because the delivery item is located somewhere other than the location of its intended use.

(3) In the event of material defects in the delivered items, HASOMED is initially obliged and entitled to rectification or replacement delivery. In the event of failure, i.e. the impossibility, unreasonableness, refusal or unreasonable delay of the repair or replacement delivery, the Client can withdraw from the contract or reduce the purchase price appropriately.

(4) If a defect is due to HASOMED's fault, the Client can claim damages under the conditions specified in § 8.

(5) In the event of defects in components from other manufacturers, which HASOMED cannot remedy for licensing or factual reasons, HASOMED will, at its option, assert its warranty claims against the manufacturers and suppliers for the Client's account or assign them to the Client. In the event of such defects, warranty claims against HASOMED only exist under the other conditions and in accordance with these general delivery terms if the legal enforcement of the aforementioned claims against the manufacturer and supplier is unsuccessful or is futile, for example due to insolvency. For the duration of the legal dispute, the statute of limitations for the Client's relevant warranty claims against HASOMED is suspended.

(6) The warranty is void if the Client changes the delivery item or has it changed by third parties without HASOMED's consent and this makes it impossible or unreasonably difficult to remedy the defect. In any case, the Client has to bear the additional costs of remedying defects caused by the alteration.

(7) A delivery of used items agreed with the Client in individual cases takes place under exclusion of any warranty for material defects.

§ 7 Industrial property rights

(1) In accordance with this § 7, HASOMED warrants that the delivery item is free of industrial property rights or copyrights of third parties. Each contractual partner will immediately notify the other one in writing if claims are made against it due to the violation of such rights.

(2) If the delivery item violates an industrial property right or copyright of a third party, HASOMED will, at its option and expense, modify or replace the delivery item in such a way that no third party rights are infringed but the delivery item continues to fulfil the contractually agreed functions, or will provide the Client with the right of use by concluding a licence agreement.
If it is unable to achieve this within a reasonable time frame, the Client is entitled to withdraw from the contract or reduce the purchase price appropriately. Any claims for damages by the Client are subject to the restrictions stated in § 8 of these general delivery terms.

(3) In the event that products supplied by HASOMED from other manufacturers violate the law, HASOMED will, at its option, assert its claims against the manufacturers and upstream suppliers on the Client's account or assign them to the Client. In such cases, claims against HASOMED only exist in accordance with this § 7 if the judicial enforcement of the above-mentioned claims against the manufacturers and upstream suppliers is unsuccessful or is futile, for example due to insolvency.

§ 8 Liability for damages due to negligence

(1) HASOMED's liability for damages, regardless of the legal reason, in particular for impossibility, delay, defective or incorrect delivery, breach of contract, breach of obligations in contract negotiations and tort, insofar as it is a fault in each case, is limited in accordance with this § 8.

(2) HASOMED is not liable in the event of simple negligence on the part of its bodies, legal representatives, employees or other vicarious agents as long as there is no breach of essential contractual obligations. Essential to the contract are the obligation to deliver and install the delivery item free of significant defects, as well as advice, protection and custody obligations, which should enable the Client to use the delivery item in accordance with the contract, or to protect the life and limb of the Client's personnel, or to protect its property against significant damage.

(3) Insofar as HASOMED is liable for damages in accordance with § 8 (2), this liability is limited to damages that HASOMED had foreseen when the contract was concluded as a possible consequence of a breach of contract or that it should have foreseen if due diligence had been taken. Indirect damage and consequential damage resulting from defects in the delivery item are also only eligible for compensation if such damage is typically to be expected when the delivery item is used as intended.

(4) In the event of liability for simple negligence, HASOMED's obligation to pay compensation for property damage and the resulting further financial loss is limited to an amount of €3,000,000, even if it is a violation of essential contractual obligations.

(5) The above exclusions and limitations of liability apply to the same extent in favour of HASOMED's bodies, legal representatives, employees and other vicarious agents.

(6) If HASOMED provides technical information or acts in an advisory capacity and this information or advice does not belong to the contractually agreed scope of services it owes, this is done free of charge and with the exclusion of any liability.

(7) The restrictions of this § 8 do not apply to HASOMED's liability in the case of wilful behaviour, guaranteed characteristics, loss of life or limb, injury to body or health, or in the case of liability stipulated by the German Product Liability Act.

§ 9 Medical products/medical devices

(1) The contractor is obliged to comply with all applicable national and/or international laws, regulations and provisions relating to medical devices, including but not limited to the current version of the Medical Device Regulation (MDR) and its guidelines from the European Commission (MEDDEV).

(2) Without prejudice to all other provisions of the MDR, the contractor is obliged to immediately inform HASOMED of an incident with one of HASOMED's products or any indication that one of HASOMED's products is not safe.

(3) The contractor further undertakes to ensure that HASOMED's products can be traced at any time in the event of a recall.

(4) HASOMED products of device class II may only be used if the handover and instruction for use is carried out exclusively by a trained and certified medical device consultant or an expressly named partner of HASOMED.

(5) The Client undertakes not to remove references to the product manufacturer and the serial number, and device documentation, operating and usage instructions as well as warning and application notes, when passing on or handing over the products supplied by HASOMED to any other dealer, customer and/or users.

§ 10 Reservation of title

The goods remain the property of HASOMED until they have been paid for in full. If the Client is in arrears with the payment for more than 10 days, HASOMED has the right to withdraw from the contract and reclaim the goods.

§ 11 Final provisions

(1) The place of jurisdiction for any disputes arising from the business relationship between HASOMED and the Client is, at HASOMED's choice, Magdeburg or the Client's seat. Magdeburg is the exclusive place of jurisdiction for lawsuits against HASOMED. Mandatory legal provisions on exclusive places of jurisdiction remain unaffected by this regulation.

(2) The relationships between HASOMED and the Client are subject exclusively to the law of the Federal Republic of Germany. The United Nations Convention on Contracts for the International Sale of Goods of 11 April 1980 (CISG) does not apply.

(3) Insofar as the contract or these general delivery terms contain loopholes in the regulation, the parties undertake to make a new regulation as soon as they become known, which will replace the ineffective regulation.

General Licence Regulations for HASOMED GmbH Software

§ 1 Subject of the contract

(1) The subject of the following regulations is the use of software from

HASOMED – Hard- und Software für Medizin Gesellschaft mbH
Paul-Ecke-Str. 1
39114 Magdeburg (hereinafter: HASOMED)

and its commercial customers in accordance with § 14 of the German Civil Code (hereinafter: Customers), including the associated documentation and, if applicable, the granting of network licences to use the software. The following regulations also apply to consumers (§ 13 of the German Civil Code) but with the express observance of the different regulations for consumers in accordance with § 10 of this licence agreement.

(2) As documentation, HASOMED provides installation instructions and a help function within the software that allows explanations of the functionalities to be called up and printed out when operating the software.

§ 2 Delivery and installation

(1) The software is either delivered to the Customer on a DVD/USB stick, or can be downloaded from the website (www.hasomed.de) and from HASOMED's online shop.

(2) The software is generally installed by the Customer, unless the installation and set-up is expressly agreed as a liability of HASOMED.

(3) The Customer can order training on the use of the software, if offered by HASOMED, for a separate fee.

§ 3 Usage rights

(1) The Customer has the right to use the software to the extent necessary for its intended use including error correction within the agreed time. The software may only be used within the scope of the purchased product. In particular, the number of installations on different workstations must be observed in accordance with the licences purchased.

(2) In addition, HASOMED can grant the Customer the simple right, for a fee, to access the software running on a computer from up to a separately agreed number of computers at the same time via a communication network.

(3) The granting of further access rights is possible for a fee.

(4) HASOMED reserves the right to make the use of the software dependent on a previous activation procedure. Depending on the specific software, this can be done by registering on a website, entering an identification or licence code during or after installation, or through other technical measures. The specific activation procedure can be found in the respective additional provision of the respective software.

(5) The Customer may not sell, give away, lend or rent the software and the rights granted to it for use without HASOMED's prior consent. The right to use the software in a network does not include the right to let other companies use the software.

(6) The Customer is not entitled to remove or circumvent the software's existing protection mechanisms against unauthorised use. Copyright notices, serial numbers and other features used for software identification may not be removed or changed. The same applies to suppressing the screen display of corresponding features.

(7) The Customer may copy the software once to make a backup copy. The copy must be identified as such. If the Customer can prove that the original version can no longer be found or has become unusable, the backup copy replaces the original.

(8) If HASOMED supplements or replaces the software by means of supplementary performance, the Customer is entitled to the same rights to this subsequently provided software as to the previously provided software. Usage rights to surplus software expire when the new software parts are used after a period of four weeks. The provisions of this paragraph also apply to HASOMED services that are provided without any obligation to do so.

(9) Rights are granted subject to the condition precedent that the purchase price is paid in full. Up to this point in time, HASOMED consents to the use of the software in accordance with the above regulations. The granting of rights is also conditional, up to the time of the contractually agreed period of use.

(10) The regulations contained in this § 3 also bind the parties under contractual law.

§ 4 Infringements of property rights

(1) At its own expense, HASOMED releases the Customer for Germany from all third-party claims arising from infringements of property rights for which HASOMED is responsible. The Customer will immediately inform HASOMED of claims made by third parties. If it does not immediately inform HASOMED of the claims made, this claim for exemption expires.

(2) In the event of infringement of property rights, HASOMED may – without prejudice to any claims for damages against the Customer – at its own discretion and expense with regard to the service concerned:

(a) after prior consultation with the Customer, make changes that ensure, while safeguarding their interests, that an infringement of property rights no longer exists or

(b) acquire the necessary usage rights for the Customer.

§ 5 Reservation of title

(1) HASOMED reserves ownership of the data carriers, as well as all copyrights and other rights, until all payments from the purchase contract have been received.

(2) In the event of a delay in payment with the purchase price claim, HASOMED is entitled to take back the data carriers sold as long as the delay in payment continues and the non-performance due to the delay is not disproportionately low. The taking back does not constitute a declaration of withdrawal from the contract.

§ 6 General performance disruptions

(1) If the Customer sets a deadline for performance or supplementary fulfilment, it can only use the fruitless expiry of this period to withdraw from the contract or claim damages in place of performance if it notified HASOMED when setting the deadline that it would no longer want to use the service after the fruitless expiry of the period. If the Customer has to issue a warning instead of setting a deadline, it must also inform at the same time that it no longer wants to use HASOMED's services once the warning has proven to be in vain.

(2) The Customer can only withdraw due to a breach of duty that does not consist of a defect in the purchased software if HASOMED is responsible for this breach of duty.

(3) The Customer undertakes as an independent obligation to enable general licence regulations for HASOMED GmbH software, for a period not exceeding four years but no longer than the duration of the contract, after the conclusion of the contract, to let HASOMED check the Customer's compliance with the conditions of this contract at the software's place of use and to assist it with this check to the best of its ability. The check is carried out with prior announcement during the Customer's normal business hours. The announcement must be made with at least seven days' notice. HASOMED will endeavour to impair the Customer's business operations as little as possible.

§ 7 Liability for material and legal defects

(1) Technical data, specifications and performance specifications in public statements, especially in advertising material, are not quality specifications. The functionality of software is based on the description in the user documentation, which can be viewed on HASOMED's website, the help documentation in the software and the supplementary agreements made.

(2) Claims for defects become statute-barred 12 months after receipt of the goods, unless the defect was maliciously concealed.

(3) The enforcement of liability claims for defects depends on defects being reported in writing within one week of first being detected.

(4) The supplementary performance is carried out at HASOMED's choice by eliminating the defect or supplying contractual software. The delivery can also be made in such a way that HASOMED provides the Customer with a newer software version with all the features owed under this contract, and does not unreasonably impair the Customer vis-à-vis the use of the software compared to the condition owed under this contract.

(5) HASOMED is entitled to refuse supplementary performance as long as the Customer has not yet fully paid the remuneration due under this contract and it has no legitimate interest in withholding the remuneration in arrears.

(6) HASOMED is not liable in cases where the Customer has made changes to the services provided by HASOMED (the software itself, connected databases, etc.), unless these changes had no influence on the origin of the defect.

(7) The Customer will support HASOMED in detecting and rectifying the defect, and will immediately grant access to the documents showing the more detailed circumstances of the defect's occurrence.

(8) Before asserting claims for supplementary performance, the Customer will check with due diligence whether there is a defect that is subject to supplementary performance. If an alleged defect is not subject to the obligation to remedy it (apparent defect), HASOMED can provide the Customer with the verification and troubleshooting services at the HASOMED remuneration rates applicable in each case plus expenses incurred, unless the Customer would not have been able to recognise the apparent defect even after taking the necessary care.

(9) The place of performance for supplementary performance is HASOMED's headquarters. The supplementary performance can be carried out by telecommunications transmission of software, unless not reasonable for the Customer, e.g. for reasons of IT security.

§ 8 Additional liability

(1) HASOMED is liable for intent and gross negligence. It is only liable for slight negligence in the event of a breach of an essential contractual obligation (cardinal obligation), whose fulfilment enables the proper execution of the contract in the first place and on whose observance the Customer can regularly rely, and in the event of damage to life, limb or health.

(2) HASOMED owes the diligence customary in the industry. When determining whether HASOMED is at fault, it must be taken into account that software cannot be created technically error-free.

(3) In the event of slight negligence, liability is limited to the amount of the foreseeable damage whose occurrence must typically be expected. The cover amounts for property and financial damage amount to a flat rate of €300.00.

(4) HASOMED is not liable for the loss of data and/or programs insofar as the damage is due to the Customer failing to back up data and thereby ensuring that lost data can be restored with reasonable effort.

(5) HASOMED is also not liable for incorrect operations (e.g. incorrect data entries, incorrect storage etc.) by the Customer, or for circumstances solely within the Customer's sphere (e.g. defective hardware, power failures etc.).

(6) The above regulations also apply in favour of HASOMED's vicarious agents.

§ 9 Final provisions

(1) Should individual provisions of this contract be or become ineffective in whole or in part, this will not affect the validity of the remaining provisions. In this case, the parties already agree that they will come to an understanding on this point as soon as it is determined to be ineffective and will jointly seek a mutually satisfactory solution. The same applies to any gaps in the agreement.

(2) In the event of a dispute arising from this contract, the parties will conduct arbitration in accordance with the arbitration rules of the Hamburg arbitration board for IT disputes in the version valid at the time an arbitration procedure is initiated. The arbitration procedure is intended to resolve the dispute in whole or in part, provisionally or definitively. If an agreement is not reached before the arbitration board, the legal process to the ordinary courts is opened.

(3) The contracting parties can only offset claims that have been legally established or are undisputed.

(4) The exclusive place of jurisdiction for all legal disputes arising from or in connection with this contract is the seat of HASOMED. HASOMED is also entitled to sue at the general place of jurisdiction of the Customer.

§ 10 Different provisions for consumers

(1) Deviating from § 7 of these GTC, the statutory warranty claims according to §§ 434 ff. of the German Civil Code apply to consumers.

(2) The place of jurisdiction for disputes with consumers is the seat of the consumer. § 9 (4) and § 9 (2) do not apply here.

General Terms and Conditions of HASOMED GmbH – Online Trade

§ 1 Scope

(1) These are the terms and conditions exclusively applicable between you and us,

HASOMED – Hard- und Software für Medizin Gesellschaft mbH (for brevity: HASOMED)
Paul-Ecke-Strasse 1
39114 Magdeburg

unless changed by written agreements between the parties. These provisions apply to the conclusion of contracts with consumers (§ 13 of the German Civil Code) and entrepreneurs (§ 14 of the German Civil Code). Where different regulations apply, this will be indicated separately.

(2) HASOMED reserves the right to exclude products from sale to consumers. This is clearly noted on the corresponding products.

(3) In addition, the licence agreements for the sale of software and the program-specific additional agreements apply to the conclusion of contracts for purchasing software.

(4) Changes to these terms and conditions will be communicated to you in writing to the email address stored in the system. If you do not object to this change within four weeks of receiving the notification, you will be deemed to have accepted the changes. In the event of a change in the terms and conditions, you will be separately advised of the right to object and the legal consequences of remaining silent.

§ 2 Registering as a user

(1) Your registration for our trading system is free of charge. A right of access to our trading system does not exist. For access, fill out the registration form on our website and send it to us electronically. You must provide the data required for registration completely and truthfully. In particular, it must be specified whether you are registering for our trading system as a consumer (§ 13 of the German Civil Code) or as a company (§ 14 of the German Civil Code). You are obliged to keep the password secret and not disclose it to third parties.

(2) You can delete your entry at any time under "My Account". Simply by registering with us, there is no obligation to purchase the goods we offer.

(3) If your personal information changes, you are responsible for updating it yourself. All changes can be made online after registration under "My Account". The goods are dispatched to the address stored in the trading system.

§ 3 Conclusion of contract

(1) The presentation of our goods does not constitute a binding offer on our part. Only your order of a product is a binding offer according to § 145 of the German Civil Code. If this offer is accepted, we will send you an order confirmation by email. The offer can also be accepted by executing your order.

(2) The essential characteristics of the goods we offer and the validity period of limited offers can be found in the individual product descriptions on our website.

(3) Any input errors when placing your order can be recognised in the final confirmation before checkout and corrected at any time using the delete and edit function before sending the order.

(4) The prices we provide are final prices including taxes but excluding shipping. The shipping prices can be found on the product and will be displayed again before the purchase contract is concluded. If the products are intended exclusively for sale to companies, the prices are shown without VAT.

(5) If the goods you have ordered are not available, we reserve the right not to provide the service. You will be informed immediately and any charges already paid will be refunded immediately.

§ 4 Payment terms

(1) We currently offer payment via PayPal, direct transfer, advance payment and direct debit. The invoice payment method is also available for commercially registered customers. When you place an order, our system will redirect you to our payment partner's website. Billing is preferably done electronically, to the email address you have provided.

(2) The following applies to the "Invoice" payment method: payment must be made within the payment period specified on the invoice without any deductions. The statutory default regulations apply. The goods remain our property until fully paid for. If you are in arrears with payment for more than 10 days, we have the right to withdraw from the contract and reclaim the goods.

§ 5 Delivery terms

(1) We deliver the goods in accordance with the agreements made with you. Any shipping costs incurred are listed in the product description and will be shown separately on the invoice. The goods are dispatched immediately after the payment has been received or after the payment service provider has been informed that a payment has been made, whichever happens first.

§ 6 Right of withdrawal

If you are a consumer (§ 13 of the German Civil Code), you have a right of withdrawal. With regard to the requirements and legal consequences of the right of withdrawal, refer to the withdrawal policy in the appendix. We exclude the right of withdrawal in the context of a commercial transaction with a company.

§ 7 Warranty

(2) The limitation period for warranty claims for the delivered goods is two years from receiving them.

(3) Unless it is business with consumers, the limitation period of warranty claims is shortened to 12 months.

§ 8 National and/or international laws, rules and regulations

The commercial Customer is obliged to comply with all applicable national and/or international laws, regulations and provisions relating to medical devices, including but not limited to the Medical Device Directive and its guidelines from the European Commission (MEDDEV).
Without prejudice to all other provisions of the MEDDEV, the Customer is obliged to inform us immediately of an incident with one of our products or signs that one of our products is not safe. The Customer further undertakes to ensure that our product can be traced at any time in the event of a recall. Our products in device class II may only be used if they are handed over and instructed for use exclusively by one of our trained and certified medical device consultants or expressly named partners. The same applies to maintenance and guarantee services. The Customer undertakes not to remove references to the product manufacturer and the serial number, and to provide device documentation, operating and usage instructions as well as warning and application notes when passing on or handing over the products supplied by us to any other dealer, customer and/or user.

§ 9 Limitation of liability

(2) According to the current state of technology, data communication via the internet cannot be guaranteed to be error-free and/or available at all times. We are therefore not liable for the constant and uninterrupted availability of our online trading system.

§ 10 Final provisions

(1) Any changes or additions to these terms and conditions must be in writing. This also applies to any waiver of this written form requirement.

(2) The law of the Federal Republic of Germany applies, to the exclusion of the UN Sales Law. Mandatory provisions of the state where you habitually reside remain unaffected.

(3) The assignment of claims that are non-monetary is only permitted with the prior written consent of the other contracting party. Permission for this may not be unreasonably withheld.

(4) A right of retention can only be asserted due to counterclaims from the respective contractual relationship.

(5) The place of jurisdiction for all disputes with consumers is based on the statutory provisions. For legal disputes with entrepreneurs, HASOMED's place of jurisdiction is agreed upon.

(6) If you were domiciled or habitually resident in Germany when the contract was concluded and either relocated at the time the action was filed or your whereabouts are unknown at this time, the place of jurisdiction for all disputes is our company's seat in Magdeburg. If you are not resident or habitually resident in a member state of the European Union, the courts of our seat are exclusively competent for all disputes.

(7) Should individual provisions of this contract be ineffective or contradict the legal regulations, this will not affect the rest of the contract.

(8) Contracts will be concluded exclusively in German. The contract text (the order) is saved with us and can be called up again here at any time. Your previous orders can also be viewed under "My Account".

General Terms and Conditions – Telematics Infrastructure (GTC-TI)

1. Subject of the agreement

Hasomed GmbH, Paul-Ecke-Str. 1, 39114 Magdeburg (hereinafter "HASOMED"), as a wholesale partner of KoSyMa GmbH, offers parties involved in healthcare (hereinafter "Customer") hardware for purchase, the VPN access service and SIS (hereinafter "Service") from KoSyMa GmbH as well as maintenance and support services for use. The Service enables access to and use of the telematics infrastructure (hereinafter "TI") in order to securely exchange data and information between the participants in the TI. Furthermore, third parties provide paid and free information and other content (third-party services). HASOMED may use third parties to perform the service. HASOMED provides the services within the existing technical and operational possibilities. The VPN access service, SIS and its support is provided by KoSyMa GmbH. HASOMED merely mediates the contract between the Customer and KoSyMa GmbH and access to the Service.

HASOMED can change the terms and conditions insofar as this is objectively justified and does not burden the Customer unreasonably. The Customer will be informed of any change in writing in good time. If HASOMED changes the General Terms and Conditions to the Customer's detriment, the Customer can terminate the contract without notice within one month after receiving notification of the change. HASOMED advises the Customer of this right of termination. If the Customer does not exercise its right to terminate, this right expires one month after receiving notification of the change. Otherwise, the Special Business and Security Terms and Conditions - Telematics Infrastructure (Sp-BSTC-TI) and the GTC of HASOMED apply.

2. Conclusion of the agreement

The agreement between the Customer and HASOMED is concluded by written confirmation or by the actual provision of the service with reference to the order form sent to HASOMED by the Customer. If the Customer fills out and submits the order form electronically, it agrees that the conclusion of the agreement does not require a written form.
With the order, HASOMED provides the Customer with a connection to the VPN access service of KoSyMa GmbH. For the use of the Service, the Customer concludes a contract with KoSyMa GmbH, which comes about through the connection to the Service (provision of the service) and is subject to the GTC of KoSyMa GmbH.

3. Rights and obligations of the Customer

The Customer undertakes to protect its personal access data to the Service against access by third parties. The provision of the service is subject to the proviso that the Customer has all the facilities necessary for access to the Service, e.g. provides a functional internet connection. If the use of the Service has been agreed with the SIS standard, the Customer is not permitted to use the SIS standard privately, but only for data transmissions in order to maintain the functionality of the TI applications. If the Customer desires a further use option that is also for private purposes, it can purchase the paid access option "SIS-Power". The Customer further undertakes not to misuse the Service and to comply with the usage requirements as well as the legal and statutory provisions. The Customer will not use the Service provided to disseminate or retrieve illegal or immoral information, and is responsible for violations of third parties' protected legal positions. If the Customer violates the aforementioned prohibitions and requirements, HASOMED is entitled to terminate the agreement without notice and discontinue the service. Insofar as claims are made against HASOMED due to the Customer violating the aforementioned statutory provisions, the Customer will indemnify HASOMED against third-party claims. All returns must be announced by the Customer to HASOMED in advance and must be authorised by HASOMED. HASOMED then arranges for the return shipment to be collected from the Customer. Returns sent to HASOMED without authorisation, regardless of whether they are free or not, will not be accepted and the costs thereby incurred will not be reimbursed to the Customer. Authorising a return does not mean acknowledging a defect or any other complaint from the Customer.

4. Use by third parties

The Customer is not permitted to offer or make available the right of use to the devices or the use of the Service to third parties without HASOMED's consent, regardless of whether this occurs against payment or free of charge. The Customer is the sole debtor of the usage fees which arise through the use of the Service, even if they arise from use by third parties and HASOMED has given its consent for use by a third party. This does not apply if the Customer can prove that the use of its Service by a third party cannot be attributed to it. The Customer holds HASOMED harmless from any claims by third parties arising from unauthorised use.

5. Measures to secure operations

HASOMED reserves the right to take and implement technical and organisational measures necessary to ensure the proper and intended operation of the Service and the hardware.

6. Performance by third parties

The Customer agrees that HASOMED is entitled to perform the services owed through third parties, insofar as this is reasonable for the Customer.

7. Reservation of title

HASOMED retains ownership of the delivered items until the purchase price has been paid in full. If the Customer is in default with its contractual obligations, especially in the case of payments, HASOMED is entitled to demand the return of the delivered items and the Customer is obliged to return them. The request for surrender does not imply a withdrawal from the contract unless HASOMED expressly declares so in writing. The delivered items are always handled and processed in the name and on behalf of HASOMED. If items are processed that do not belong to HASOMED, HASOMED acquires co-ownership of the new item in proportion to the value of the items it delivered to the other items processed at the time of the connection.

The same applies to the item created by the connection as to the item delivered under reservation. The Customer does not acquire any rights to the Service beyond the usage rights expressly granted in writing. If, for any reason, rights arise for the Customer that go beyond the contractually guaranteed rights, it will transfer these to HASOMED without restriction and free of charge. If the value of the security provided exceeds HASOMED's payment claims by more than 20%, HASOMED releases the excess security at the Customer's request. The Customer may neither pledge the items delivered nor assign them as security. Enforcement officers or a third party must be informed of HASOMED's ownership. The Customer is obliged to notify HASOMED immediately in the event of seizures or other third-party interventions so that HASOMED can exercise its rights to the items.

8. Payment terms

The Customer is obliged to pay the agreed fees for the use of the Service and the use of additional services, such as SIS-Power. The cost of the Service will be charged from the first day of the month following the commissioning of the connector. The Service is billed to the Customer quarterly in advance. The invoice will be sent by post or email. Payment of the amount due is made using the payment method agreed between the Customer and HASOMED, usually by direct debit. When withdrawing via SEPA direct debit, the Customer will issue the creditor named on the order form with a SEPA core direct debit mandate and ensure that the account is adequately covered throughout the contract. The Customer immediately informs HASOMED of any changes to its bank details and then issues another SEPA core direct debit mandate. If a direct debit is not redeemed, HASOMED is entitled to immediately block the Customer's access to the Service and/or terminate the agreement without notice; the exception to this is the case of a justified objection to the direct debit. Costs for non-recoverable claims are borne by the Customer.

At the Customer's request, payment by invoice is possible for a fee. HASOMED can increase the monthly fee paid by the Customer.

It is agreed between the Customer and HASOMED that unfounded blocking of the service by HASOMED does not justify any claims for damages from the Customer. The Customer is only entitled to offset, even if defects or counterclaims are asserted, if the claim has been legally established or recognised by HASOMED or is undisputed. The Customer may only exercise a right of retention if the counterclaim is based on the same contractual relationship that establishes the Customer's obligation to pay. Price increases for all services are possible at any time and take effect one month after they have been brought to the Customer's attention. In the event of price increases, the Customer has the right to extraordinary termination until the change takes effect. HASOMED advises the Customer of this special right of termination.

9. Complaints

Complaints regarding accounting must be made in writing to HASOMED within six weeks of receiving the invoice. Claims from the Customer with justified objections after the deadline remain unaffected.

10. Liability/warranty

HASOMED is liable for financial losses it causes due to a negligent breach of its obligation as a provider of telecommunications services to the public in accordance with the provisions of § 44a of the German Telecommunications Act. HASOMED is only liable for such damage which could reasonably be expected to occur when the contract was concluded, in the circumstances known at that time. HASOMED is also not liable for indirect damage, consequential damage or loss of profit. HASOMED's liability for deliberate and grossly negligent behaviour, for guaranteed properties and in accordance with the provisions of the German Product Liability Act is not subject to the liability restrictions mentioned. The limitations of liability do not apply to damage resulting from injury to life, limb or health, and also not to damage that HASOMED, its legal representative or one of its vicarious agents caused intentionally or through gross negligence. The limitations of liability also do not apply in cases of violation of essential contractual obligations. These are obligations that enable the proper execution of the contract in the first place and on whose observance the Customer regularly trusts and can rely (cardinal obligations). Any personal liability of HASOMED's employees or third parties who acted as vicarious agents or the like for HASOMED is excluded. Claims for defects against HASOMED are subject to the statutory limitation period, unless deviating claims for defects have been agreed in writing; these are not transferable. HASOMED passes on any additional guarantee and warranty commitments from third parties to the Customer in full, without being responsible for them.

HASOMED, its suppliers and licensors do not guarantee that the Service will be available continuously and/or faultlessly and functionally at all times. Furthermore, there is no assurance or assumption of a guarantee that certain results will be achieved and expectations met by using the Service. Services are provided without any guarantee of the existence or non-existence of copyrights or other rights, fitness or suitability for a specific purpose. HASOMED is not liable for the external content transmitted via the Service or for improper behaviour by the Customer or other third parties.

11. Data protection

HASOMED undertakes to observe the applicable statutory provisions on data protection. The Customer is aware and agrees that the personal data required for order processing and use of the Service and payment processing must be collected, stored, processed and deleted by HASOMED or third parties acting on its behalf and instructions in compliance with the legal requirements. The data necessary to provide the services may be passed on to third parties such as service partners. HASOMED is also entitled to instruct third parties, such as law firms and debt collection companies, to collect outstanding claims and to inform them of the Customer's personal data required for the collection.

12. Term of the agreement, termination

The agreement has a minimum contract term of 24 months and can be terminated by both sides in writing with a notice period of 6 months for the first time at the end of the minimum contract term. The term begins in practice at the time of installing the TI. Receipt by the recipient is the decisive factor for the timely receipt of the notice of termination. Without notice, the agreement is extended by a further 12 months after the minimum contract term. The right to immediate termination without notice for good cause remains unaffected. If the practice is abandoned, the Customer is granted a special right of termination with a notice period of three months at the planned time of the cessation of the practice operation in connection with the use of the TI. The notice of termination must be in writing. A copy of the decision from the Association of Statutory Health Insurance Physicians stating the cancellation of the billing approval must be sent to HASOMED immediately. If HASOMED terminates the agreement without notice for good cause, HASOMED can assert a claim for damages in the amount of 30% of the monthly fees the Customer would have to pay by the next ordinary termination date, unless the Customer can prove that HASOMED did not suffer any damage or the actual damage was significantly less. HASOMED reserves the right to assert further claims.

13. Final provisions

If the Customer is a merchant, a legal entity under public law or a special fund under public law, HASOMED's place of business is the agreed place of jurisdiction.
The law of the Federal Republic of Germany applies to the exclusion of UN Sales Law, unless higher law takes precedence. All supplementary agreements must be in writing. This also applies to changes to the written form requirement. In the event of a dispute about the cases mentioned in § 47a of the German Telecommunications Act, the Customer can submit an application to the consumer arbitration board for telecommunications of the Federal Network Agency (PO Box 8001, 53105 Bonn, www.bundesnetzagentur.de) to initiate a dispute settlement procedure.

Special Business and Security Terms and Conditions – Telematics Infrastructure (Sp-BSTC-TI)

1. Fundamentals

As a Wholesale Partner of KoSyMa GmbH, Hasomed GmbH, Paul-Ecke-Strasse 1, 39114 Magdeburg (hereinafter "HASOMED") offers healthcare professionals (hereinafter "Customer") access to the telematics infrastructure. For this purpose, the Customer acquires from HASOMED a connector approved by Gematik and certified by the Federal Office for Information Security, as well as other components which enable access to the telematics infrastructure.

In order to prevent unauthorised access to patient data and attacks on the telematics infrastructure, the components have been subject to the strictest security requirements. Considerations of the Federal Office for Information Security, about basic IT protections as well as recommendations of the Federal Medical Association and the National Association of Statutory Health Insurance Physicians regarding confidentiality, data protection and data processing in doctors' offices, are the starting point for the access and exchange of information between the parties involved in the healthcare system by means of a connector when using the electronic health card according to § 291a of the German Social Security Code V.

For this reason, HASOMED's Customers undertake to recognise and strictly adhere to the security requirements listed below, though these do not claim to be complete, in order to put the connector into operation and use it in accordance with the rights granted to the Customer.

2. Connector – security requirements and obligations of the Customer

a) The connector is commissioned exclusively by HASOMED or a service partner/third party appointed by HASOMED.

b) The Customer will immediately implement any information that HASOMED or one of its representatives informs it of when commissioning, operating and using the connector.

c) The connector may only be set up and used in an area of the practice where no unauthorised or non-practitioner has access to the connector and its services.

d) The Customer must immediately inform HASOMED of the theft or manipulation of the connector, even if it is just an attempt. An overview of the type of manipulative changes can be found in the documents for the connector and serve as the basis for corresponding checks by the Customer.

e) The Customer undertakes to refrain from taking measures which prevent HASOMED from checking the connector's whereabouts and status at any time.

f) The Customer undertakes not to make any trivial changes to the certified software of the connector itself or to have it carried out by third parties.

g) The Customer undertakes not to make any changes to the connector's product labelling.

h) The Customer is not entitled to pass the connector on to third parties or to enable its use by a third party without HASOMED's consent.

i) For the duration of the connector's use, the Customer concludes a paid service contract with HASOMED using the "TI complete package" or "TI expansion package" order form. The service contract includes support services within the contractually agreed service times, which include measures for troubleshooting, interference suppression and the provision of updates to the connector's operating software.

3. Connector – decommissioning and duty of the Customer to return

a) The decommissioning of the connector is subject to a clearly described process, which the Customer may not carry out independently; only HASOMED or a third party appointed by it is authorised to do so.

b) However, the Customer is obliged to support HASOMED or the third parties it has appointed without restriction and on their instructions when decommissioning.

c) Blocking the certificate or rendering the connector unusable through destruction are at HASOMED's discretion; HASOMED is entitled to exercise discretion, among other things, if there is reasonable suspicion that the Customer has violated the usage rights.

d) As soon as HASOMED has determined that the connector should be taken out of service, the Customer must immediately hand it over to HASOMED or a third party appointed by it, so that the connector can be rendered unusable in a secure environment and its continued operation becomes impossible.

4. Installation and commissioning of the TI components

a) Review of the technical status quo in the practice
Effective commissioning is based on the determination that all necessary technical and organisational parameters are available from the Customer and the practice environment. Using the TI practice checklist, the Customer independently checks the practice requirements. Alternatively, the Customer can appoint HASOMED to check the practice requirements; this check can be carried out at an onsite appointment (in the practice) by HASOMED or a third party appointed by it.

b) Scope of services of the TI complete package
For a practice with a BSNR (permanent establishment number), ordering the connector and the service includes the following measures: installing and commissioning a connector, connecting and setting up a card terminal in the primary system, setting up and registering the VPN access service and, if desired, setting up existing networks and/or secure internet service (SIS), a functional test, TI module licence for the Elefant practice software, hotline during operation and instruction – with a travel flat rate included.

c) Installations beyond the TI complete package
If, due to the practice's IT environment, additional services and the purchase of hardware components that are not part of the complete TI package are required, HASOMED or a third party appointed by it will advise the Customer accordingly, for example on the occasion of a paid TI practice check. Installation of further components is therefore neither carried out by HASOMED nor by a third party appointed by it as part of the TI complete package, but can also be agreed upon for a fee.

d) Several BSNRs and/or secondary branches
Before commissioning an installation in complex practice organisation structures, HASOMED recommends performing a paid TI practice check and, if necessary, ordering additional components. HASOMED or a third party appointed by it advises the Customer on the need to procure additional, possibly supported TI hardware and TI services.

f) Practice ID – SMC-B
The Customer must order the practice ID, the so-called SMC-B, from an approved provider. HASOMED recommends applying to Medisign GmbH at www.smc-b.de/elefant. HASOMED can check the order status and activation before installation.

g) Installation appointments outside service hours
For installations on working days after 6 pm or on Saturdays, HASOMED charges a surcharge of €220 plus VAT.

h) Cancellation or abandonment of the installation appointment
If an installation appointment cannot be carried out and the Customer's behaviour is responsible for this failure or the Customer cancels the appointment less than three working days before the planned installation, HASOMED is entitled to claim a flat-rate cancellation fee of €250 plus VAT.

i) Cancellation or failure of an onsite appointment for a TI practice check
If the Customer orders a TI practice check and has made an appointment for this at its practice and the TI practice check cannot be carried out on the agreed date, e.g. because the technician appointed by HASOMED is not given access to the practice, HASOMED will invoice the Customer for the full amount of the check. If the Customer cancels the agreed appointment less than three working days before the planned TI practice check at its practice, HASOMED will charge the Customer 60% of the fee established for the check.

j) Installation of additional electronic health card terminals
The installation of additional electronic health card terminals in the practice network is billed by HASOMED at €45 plus VAT per device and includes setting up the card terminal in the connector and mapping it in the connector's information model and in the primary system. HASOMED is free to charge an additional travel fee.

k) Practice management system from another provider
It is the Customer's responsibility to procure and install the TI module of the practice management software at its own expense, provided the Customer wishes to purchase TI access through HASOMED without using HASOMED's practice management software.

l) Common connector in the Kosyma consortium
In practice communities which use, in addition to Elefant, practice management systems from the Kosyma consortium (Elefant, Psyprax, Smarty, Epikur, Psychodat), the connection to the TI can be made via a common connector (see the "TI expansion package" order form).

5. Service and support

a) Service times – user helpdesk/1st level support
The 1st level support/user helpdesk is provided by HASOMED or a third party appointed by HASOMED. The service times of the 1st level support/user helpdesk are weekdays from 8:00 am to 5:00 pm (except on national holidays).

b) Service fee
The service component of the monthly service fee is the provision of software updates and the 1st level support/user helpdesk for the connector, the VPN access service (including current existing networks), the TI module of the practice software and the "Secure Internet Service" (SIS). The development and installation of software updates is subject to a fee.

6. Payment terms

The billing for the installation as part of the TI complete package and any additional components and services takes place immediately after the installation date and commissioning. The payment term is five (5) days.

7. Final provisions

The legal provisions applicable in the Federal Republic of Germany apply to these terms and conditions.

Should one or more provisions of these terms and conditions be or become ineffective, or should this contract text contain a loophole, the contracting parties will replace or supplement the ineffective or incomplete provision with appropriate provisions that largely correspond to the economic purpose of the intended provision. The validity of the remaining provisions remains unaffected.

Otherwise, the GTC-TI and HASOMED's other GTC apply.

General Terms and Conditions – Telematics Infrastructure (GTC-TI) KoSyMa GmbH

1. Subject of the agreement

KoSyMa GmbH, Grosse Hub 7c, 65344 Eltville (hereinafter "KoSyMa") offers access-enabled parties in the healthcare sector (hereinafter "Customer") their VPN access service and SIS (hereinafter "Service") as well as support services for use. KoSyMa provides this service and support services exclusively under the following conditions.

The Service enables access to and use of the telematics infrastructure (hereinafter "TI") in order to securely exchange data and information between the participants in the TI. Furthermore, third parties provide paid and free information and other content (third-party services). KoSyMa may use third parties to perform the service. KoSyMa provides the services within the existing technical and operational possibilities.

KoSyMa can change the terms and conditions insofar as this is objectively justified and does not burden the Customer unreasonably. The Customer will be informed of any change in writing in good time. If KoSyMa changes the General Terms and Conditions to the Customer's detriment, the Customer can terminate the contract without notice within one month after receiving notification of the change. KoSyMa advises the customer of this right of termination. If the Customer does not exercise its right to terminate, this right expires one month after receiving notification of the change.

2. Conclusion of the agreement

The agreement between the Customer and KoSyMa comes about through an order which the Customer places with a wholesale partner of KoSyMa which the wholesale partner transmits to KoSyMa and through the actual provision of the service. The service is provided by assigning a valid contract ID to the Customer and connecting to the Service.

3. Wholesale partner

KoSyMa's wholesale partners have the right to offer Customers the KoSyMa Service. These wholesale partners are:
Epikur Software & IT-Service GmbH & Co. KG, Berlin
Ergosoft GmbH, Mannheim
HASOMED GmbH, Magdeburg
New Media Company GmbH & Co. KG, Oldenburg
Psyprax GmbH, Munich

4. Performance by third parties

The Customer agrees that KoSyMa is entitled to perform the services owed through third parties, insofar as this is reasonable for the Customer. KoSyMa is an approved provider of the VPN access service and uses the already approved VPN access service from the technical operator Arvato Systems Perdata GmbH.

5. User support

The 1st level support/user helpdesk for Customers is provided by KoSyMa through its wholesale partners as subcontractors. The service times of the 1st level support/user helpdesk are from Monday to Friday – except on national holidays – from at least 8:00 am to 5:00 pm. Outside the service hours, KoSyMa provides a user helpdesk through its subcontractor Arvato Systems Perdata GmbH for reporting malfunctions and emergencies with the Service.

6. Rights and obligations of the Customer

The Customer undertakes to protect its personal access data to the Service against access by third parties. The provision of the service is subject to the proviso that the Customer has all the facilities necessary for access to the Service, e.g. provides a functional internet connection. If the use of the Service has been agreed with the SIS standard, the Customer is not permitted to use the SIS standard privately, but only for data transmissions in order to maintain the functionality of the TI applications. If the Customer desires a further use option that is also for private purposes, it can purchase the paid access option "SIS-Power". The Customer further undertakes not to misuse the Service and to comply with the usage requirements as well as the legal and statutory provisions. The Customer will not use the Service provided to disseminate or retrieve illegal or immoral information, and is responsible for violations of third parties' protected legal positions. If the Customer violates the aforementioned prohibitions and requirements, KoSyMa is entitled to terminate the agreement without notice and discontinue the service. Insofar as claims are made against KoSyMa due to the Customer violating the aforementioned statutory provisions, the Customer will indemnify KoSyMa against third-party claims.

7. Use by third parties

The customer is not permitted to offer or make the use of the service available to third parties without KoSyMa's consent, regardless of whether this is done for a fee or free of charge. The Customer is the sole debtor of the usage fees which arise through the use of the Service, even if they arise from use by third parties and KoSyMa has given its consent for use by a third party. This does not apply if the Customer can prove that the use of its Service by a third party cannot be attributed to it. The Customer holds KoSyMa harmless from any claims by third parties arising from unauthorised use.

8. Measures to secure operations

KoSyMa reserves the right to take and implement technical and organisational measures necessary to ensure the proper and intended operation of the Service and the hardware.

9. Payment terms

The charges are settled in the context of the contracts concluded with the wholesale partner.

10. Liability/warranty

KoSyMa is liable for financial losses it causes due to a negligent breach of its obligation as a provider of telecommunications services to the public in accordance with the provisions of § 44a of the German Telecommunications Act. KoSyMa is only liable for such damage which could reasonably be expected to occur when the contract was concluded, in the circumstances known at that time. KoSyMa is also not liable for indirect damage, consequential damage or loss of profit. KoSyMa's liability for deliberate and grossly negligent behaviour, for guaranteed properties and in accordance with the provisions of the German Product Liability Act is not subject to the liability restrictions mentioned. The limitations of liability do not apply to damage resulting from injury to life, limb or health, and also not to damage that KoSyMa, its legal representative or one of its vicarious agents caused intentionally or through gross negligence. The limitations of liability also do not apply in cases of violation of essential contractual obligations. These are obligations that enable the proper execution of the contract in the first place and on whose observance the Customer regularly trusts and can rely (cardinal obligations). Any personal liability of KoSyMa's employees or third parties who acted as vicarious agents or the like for KoSyMa is excluded. Claims for defects against KoSyMa are subject to the statutory limitation period, unless deviating claims for defects have been agreed in writing; these are not transferable. KoSyMa passes on any additional guarantee and warranty commitments from third parties to the Customer in full, without being responsible for them.

KoSyMa, its suppliers and licensors do not guarantee that the Service will be available continuously and/or faultlessly and functionally at all times. Furthermore, there is no assurance or assumption of a guarantee that certain results will be achieved and expectations met by using the Service. Services are provided without any guarantee of the existence or non-existence of copyrights or other rights, fitness or suitability for a specific purpose. KoSyMa is not liable for the external content transmitted via the Service or for improper behaviour by the Customer or other third parties.

11. Data protection

KoSyMa undertakes to observe the applicable statutory provisions on data protection. The Customer is aware and agrees that the personal data required for order processing and use of the Service and payment processing must be collected, stored, processed and deleted by KoSyMa or third parties acting on its behalf and instructions in compliance with the legal requirements. The data necessary to provide the services may be passed on to third parties such as service partners. KoSyMa is also entitled to instruct third parties, such as law firms and debt collection companies, to collect outstanding claims and to inform them of the Customer's personal data required for the collection.

12. Term of the agreement, termination

The contract has a minimum contract term of 24 months and can be terminated by both sides in writing with a notice period of 6 months for the first time at the end of the minimum contract term. Receipt by the recipient is the decisive factor for the timely receipt of the notice of termination. In the event of termination by the Customer, either the wholesale partner or KoSyMa are the recipients. Without notice, the agreement is extended by a further 12 months after the minimum contract term.
The right to immediate termination without notice for good cause remains unaffected. Good cause exists in particular if KoSyMa or its subcontractor Arvato Systems Perdata GmbH loses Gematik's provider approval.

Should KoSyMa intend to stop the Service in the future, KoSyMa will inform the Customer immediately. In the event of termination of the contract, KoSyMa will ensure that Customers cannot access the telematics infrastructure via the KoSyMa Service on the day the contract ends. At the Customer's request, KoSyMa will support it with the transfer to another provider as far as necessary, against payment of a reasonable fee.

If the practice is abandoned, the Customer is granted a special right of termination with a notice period of three months at the planned time of the cessation of the practice operation in connection with the use of the TI. The notice of termination must be in writing. A copy of the decision from the Association of Statutory Health Insurance Physicians, communicating the cancellation of the settlement authorisation, must be sent to the wholesale partner or KoSyMa immediately.

If KoSyMa terminates the agreement without notice for good cause, KoSyMa can assert a claim for damages in the amount of 30% of the monthly fees the Customer would have to pay by the next ordinary termination date, unless the Customer can prove that KoSyMa did not suffer any damage or the actual damage was significantly less. KoSyMa reserves the right to assert further claims.

13. Final provisions

If the Customer is a merchant, a legal entity under public law or a special fund under public law, KoSyMa's place of business is the agreed place of jurisdiction.

The law of the Federal Republic of Germany applies to the exclusion of UN Sales Law, unless higher law takes precedence. All supplementary agreements must be in writing. This also applies to the modification of this written form requirement. In the event of a dispute about the cases mentioned in § 47a of the German Telecommunications Act, the Customer can submit an application to the consumer arbitration board for telecommunications of the Federal Network Agency (PO Box 8001, 53105 Bonn, www.bundesnetzagentur.de) to initiate a dispute settlement procedure.

Last updated: September 2018

Right of Withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the day on which you or a third party named by you, who is not the carrier, took possession of the last goods. To exercise your right of withdrawal, you must inform us at

HASOMED - Hard- und Software für Medizin Gesellschaft mbH
Paul-Ecke-Strasse 1
39114 Magdeburg
Phone: +49 391 6230-112
Fax: +49 391 6230-113
Email: info@hasomed.de

of your decision to cancel this contract by means of a clear declaration (e.g. a letter sent by post, fax or email). You can use the sample withdrawal form for this, but this is not mandatory.

If you make use of this option, we will send you a confirmation of receipt of such a withdrawal immediately (e.g. by email). To comply with the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

Consequences of withdrawal

If you choose to withdraw from this contract, we will refund all payments we have received from you without delay, including shipping costs (except for additional costs arising if a shipping method is selected other than the most cost-efficient standard delivery we offer), no later than fourteen days from the date on which we receive the notice of withdrawal from this contract. The refund will be issued with the same payment method you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged fees to process this refund. We may withhold the refund until the items have been returned to us, or until you have provided evidence that you have shipped the goods back, whichever takes place first.

You must return or hand over the goods immediately and in any case no later than fourteen days from the day on which you informed us of the cancellation of this contract, to HASOMED – Hard- und Software für Medizin Gesellschaft mbH; Paul-Ecke-Strasse 1; 39114 Magdeburg. The deadline is met if you send the goods back before the fourteen-day period has expired. You will bear the direct costs of returning the goods. You only have to pay for any loss in value of the goods if this loss in value is due to handling that is not necessary to check the nature, properties and functionality of the goods.

According to § 312g para. 2 of the German Civil Code, there is no right of withdrawal for:

sealed goods that are unsuitable for return for reasons of health protection or hygiene if their seal has been removed after delivery
ound or video recordings or computer software in a sealed package if the seal has been removed after delivery

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General Terms and Conditions of HASOMED GmbH

General Terms and Conditions of HASOMED GmbH in Relation to Consumers

General Terms and Conditions of HASOMED GmbH in Relation to Entrepreneurs

General Licence Regulations for HASOMED GmbH Software

General Terms and Conditions of HASOMED GmbH – Online Trade

General Terms and Conditions – Telematics Infrastructure (GTC-TI)

Special Business and Security Terms and Conditions – Telematics Infrastructure (Sp-BSTC-TI)

General Terms and Conditions – Telematics Infrastructure (GTC-TI) KoSyMa GmbH

Right of Withdrawal

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