[{"data":1,"prerenderedAt":1838},["ShallowReactive",2],{"page-\u002Flegal\u002Fterms-of-service":3},{"id":4,"title":5,"body":6,"description":1830,"extension":1831,"meta":1832,"navigation":1833,"path":1834,"seo":1835,"stem":1836,"__hash__":1837},"content\u002Flegal\u002Fterms-of-service.md","Terms of Service",{"type":7,"value":8,"toc":1596},"minimark",[9,14,19,24,28,32,35,39,43,46,50,53,57,60,64,67,71,74,78,81,85,88,92,95,99,102,106,109,113,116,120,123,127,130,134,137,141,144,148,151,155,158,162,165,169,172,176,179,183,186,190,193,197,200,204,208,211,215,218,222,225,250,254,257,261,264,268,271,275,278,282,285,289,292,296,299,303,306,314,318,322,325,329,332,336,339,343,347,350,364,368,371,419,423,438,442,445,449,453,456,460,463,467,470,493,497,501,504,508,511,515,518,522,525,529,532,536,539,543,546,550,553,557,560,564,568,571,585,589,592,596,600,603,625,629,632,636,639,643,646,657,661,665,668,672,675,679,683,686,690,693,697,700,704,707,711,714,718,721,725,729,732,749,753,756,760,763,767,771,774,778,781,785,788,792,796,799,803,806,810,814,817,821,824,828,831,835,839,842,846,849,853,856,860,864,867,871,874,878,882,885,889,892,896,899,903,906,910,913,917,920,924,928,931,935,938,942,945,949,953,956,960,963,967,970,974,977,981,985,989,993,997,1000,1003,1006,1009,1013,1016,1019,1022,1025,1170,1174,1177,1180,1183,1186,1189,1192,1195,1198,1201,1204,1207,1210,1213,1216,1219,1222,1226,1229,1232,1235,1238,1241,1244,1248,1251,1255,1258,1262,1265,1269,1272,1276,1279,1283,1286,1290,1293,1310,1313,1317,1320,1324,1327,1331,1334,1338,1341,1345,1348,1352,1355,1358,1361,1364,1367,1370,1373,1376,1380,1383,1387,1390,1394,1397,1400,1403,1406,1409,1412,1416,1419,1423,1426,1430,1433,1437,1440,1444,1447,1450,1453,1456,1460,1463,1466,1469,1472,1476,1479,1483,1486,1489,1492,1495,1499,1502,1505,1508,1511,1515,1518,1522,1525,1529,1532,1535,1538,1541,1545,1548,1551,1554,1557,1560,1563,1567,1573,1577,1580,1583,1586,1589,1593],[10,11,13],"h1",{"id":12},"general-terms-and-conditions-applicable-for-the-betting-platform","General terms and conditions APPLICABLE for the betting platform",[15,16,18],"h2",{"id":17},"_1-scope-of-application","1. Scope of Application",[20,21,23],"h3",{"id":22},"_11","1.1",[25,26,27],"p",{},"The following General Terms and Conditions (hereinafter: GTC) apply to the business relationships of customers of IaS Ideas & Solutions GmbH, Kuno-Liesenberg-Kehre 1 a, 22844 Norderstedt (hereinafter: IaS) for the product \"Online Betting Platform\" for the customer's own use.",[20,29,31],{"id":30},"_12","1.2",[25,33,34],{},"IaS does not recognize any GTC or contractual terms and conditions of the customer that conflict with or deviate from these GTC unless their validity is expressly agreed to in writing. These GTC shall also apply if IaS provides the service to the client without reservation in the knowledge that the client's terms and conditions conflict with or deviate from these GTC.",[15,36,38],{"id":37},"_2-definitions","2. Definitions",[20,40,42],{"id":41},"_21","2.1",[25,44,45],{},"\"Online betting platform\" means the product which the client has specifically ordered at IaS, and which includes the functions of the basic license as well as any other components ordered by the customer. The online betting platform is hereinafter also referred to as software.",[20,47,49],{"id":48},"_22","2.2",[25,51,52],{},"\"XTC\" refers to the basic technical software for all betting platforms offered by IaS.",[20,54,56],{"id":55},"_23","2.3",[25,58,59],{},"\"Bet\" refers to a specific or various types of bets which the customer offers to or concludes with the end customer (\"User\") using the online betting platform.",[20,61,63],{"id":62},"_24","2.4",[25,65,66],{},"\"User\" hereinafter refers to the customer's end customers who can register on the online platform and enter bets.",[20,68,70],{"id":69},"_25","2.5",[25,72,73],{},"\"Components\" are modules that offer various functionalities. In order to extend the functionality of the platform, additional components can be added at an additional cost.",[20,75,77],{"id":76},"_26","2.6",[25,79,80],{},"\"Platform\" refers to a software consisting of various components. Certain components, which are necessary to be able to place bets via a web browser, are standard; further components can be added.",[20,82,84],{"id":83},"_27","2.7",[25,86,87],{},"\"Basic license\" means the license for all components of the platform technically required for offering and processing bets to users via at least one TOTO provider from the IaS range.",[20,89,91],{"id":90},"_28","2.8",[25,93,94],{},"\"REST Service\" means a technical service interface for supplying and processing the betting offer and the website data.",[20,96,98],{"id":97},"_29","2.9",[25,100,101],{},"\"Data imports\" refers to information about the respective race\u002Fevent on which betting shall be possible.",[20,103,105],{"id":104},"_210","2.10",[25,107,108],{},"\"Customising\" refers to separately ordered adaptations of or additions to XTC, other components or the platform itself.",[20,110,112],{"id":111},"_211","2.11",[25,114,115],{},"Customer Design\" means the visual display of the platform according to the customer's specifications.",[20,117,119],{"id":118},"_212","2.12",[25,121,122],{},"\"Admin Panel\" means a component that is necessary to administer the offering on the Website.",[20,124,126],{"id":125},"_213","2.13",[25,128,129],{},"\"Support\" means technical error handling or changes to software and interfaces. Support therefore does not include requests that do not relate to technical availability or functionality.",[20,131,133],{"id":132},"_214","2.14",[25,135,136],{},"\"Operating\" refers to all work necessary for proper betting operations, such as checking race or betting data, releasing bets to be offered on the platform, etc.",[20,138,140],{"id":139},"_215","2.15",[25,142,143],{},"\"Legal requirement\" means the entirety of regulations that apply to the offering and organisation of (sports) betting in a country.",[20,145,147],{"id":146},"_216","2.16",[25,149,150],{},"The \"product description\" contains information on the specifications and functionality of the standard software.",[20,152,154],{"id":153},"_217","2.17",[25,156,157],{},"The \"user documentation\" is the documentation enabling the user to use the software. The user documentation describes the functionalities of the software from the perspective of the customer and the user in German and English.",[20,159,161],{"id":160},"_218","2.18",[25,163,164],{},"\"Delivery point\" is the router gateway of the respective data center used by IaS.",[20,166,168],{"id":167},"_219","2.19",[25,170,171],{},"\"Patches\" are corrective deliveries for software from the customer's point of view in order to remedy errors (defects) in the contractually owed software.",[20,173,175],{"id":174},"_220","2.20",[25,177,178],{},"\"Updates\" are technical and\u002For functional adaptations and enhancements of the software improving or adding new functions to the existing standard software.",[20,180,182],{"id":181},"_221","2.21",[25,184,185],{},"\"System documentation\" is an inventory of the hardware components and systems used, including firmware and other necessary software used, enabling a competent third party to continue working with these hardware systems.",[20,187,189],{"id":188},"_222","2.22",[25,191,192],{},"\"Information security breach\" refers to events that affect the software and infrastructure of the online betting platform leading or may leading to an impairment of confidentiality, integrity and\u002For availability.",[20,194,196],{"id":195},"_223","2.23",[25,198,199],{},"The time zone at the registered office of IaS shall apply to the indication of times. The public holidays at the registered office of IaS shall apply.",[15,201,203],{"id":202},"_3-subject-matter-of-contract-services","3. Subject Matter of Contract, Services",[20,205,207],{"id":206},"_31","3.1",[25,209,210],{},"The subject matter of the contract is the provision of software for the operation of an online betting platform with the agreed components \"as a service\" to the extent specified in the offer, including the design ordered by the customer. The customer can access the betting platform via the Internet using a web browser and carry out the operating; the operating is not a service provided by IaS.",[20,212,214],{"id":213},"_32","3.2",[25,216,217],{},"IaS provides the customer with the online platform with the technical requirements for offering bets and transactions. Not part of the subject matter of contract are the contents required for the execution of bets such as race data, video streams and any required state licenses, concessions and permits.",[20,219,221],{"id":220},"_33","3.3",[25,223,224],{},"The basic license enables the following functions:",[226,227,228,232,235,238,241,244,247],"ul",{},[229,230,231],"li",{},"\n3.3.1 admin panel\n",[229,233,234],{},"\n3.3.2 VPN connection to the admin panel\n",[229,236,237],{},"\n3.3.3 TOTO connection\n",[229,239,240],{},"\n3.3.4 betting slips\n",[229,242,243],{},"\n3.3.5 connections to external service providers for deposits\u002Fwithdrawals\n",[229,245,246],{},"\n3.3.6 REST services\n",[229,248,249],{},"\n3.3.7 limit- and control mechanisms\n",[20,251,253],{"id":252},"_34","3.4",[25,255,256],{},"IaS hosts the software. Hosting is carried out on a server that meets the requirements of the application. IaS creates a daily backup of the software and the data on the platform.",[20,258,260],{"id":259},"_35","3.5",[25,262,263],{},"IaS provides a user documentation. This user documentation can be easily found in the admin panel of the online betting platform.",[20,265,267],{"id":266},"_36","3.6",[25,269,270],{},"IaS s responsible for maintaining the software and therewith keeping its functionality. This includes regular maintenance work and the installation of necessary patches as well as fixing defects in accordance with section 5.2.",[20,272,274],{"id":273},"_37","3.7",[25,276,277],{},"IaS expressly does not owe the provision of customisation, consulting and\u002For training services, unless otherwise agreed.",[20,279,281],{"id":280},"_38","3.8",[25,283,284],{},"Unless otherwise agreed, bets can only be offered and placed in the currency EUR and in the time zones CET \u002F CEST (equivalent to GMT +1 or GMT +2). Local times are calculated according to UTC.",[20,286,288],{"id":287},"_39","3.9",[25,290,291],{},"The rights of use are governed by section 11. The code for the entire software is stored on IaS's server at all times.",[20,293,295],{"id":294},"_310","3.10",[25,297,298],{},"The availability rates owed by IaS are set out in Clauses 5.3 ff.",[20,300,302],{"id":301},"_311","3.11",[25,304,305],{},"The subject matter of the contract does further not include.",[226,307,308,311],{},[229,309,310],{},"\n3.11.1 support with and\u002For for at audits carried out for customers.\n",[229,312,313],{},"\n3.11.2. support regarding the of customer’s documentation.\nBoth can be ordered separately as consulting services for an additional fee.\n",[15,315,317],{"id":316},"_4-conclusion-of-contract","4. Conclusion of Contract",[20,319,321],{"id":320},"_41","4.1",[25,323,324],{},"IaS draws up an offer in which the individual service elements and components, their respective specific scope of services and considerations (remunerations) are listed. The offer must be submitted at least in text form (e.g. e-mail).",[20,326,328],{"id":327},"_42","4.2",[25,330,331],{},"For the customer design and other customising, the offer may specify dates for acceptances and\u002For approvals (milestones) and\u002For special obligations of the customer to cooperate.",[20,333,335],{"id":334},"_43","4.3",[25,337,338],{},"To place an order, the customer must declare acceptance of the offer drawn up by IaS as described above. The acceptance must also be submitted at least in text form. Unless otherwise stated, offers made by IaS are valid for 30 days.",[15,340,342],{"id":341},"_5-support-support-levels-and-remedy-of-defects","5. Support, Support Levels and Remedy of Defects",[20,344,346],{"id":345},"_51","5.1",[25,348,349],{},"Support times are times during which IaS is continuously available via ticket system, e-mail or telephone for the supply of software maintenance services or defect fixing.",[226,351,352,355,358,361],{},[229,353,354],{},"\n5.1.1 The BASIC support hours are from 9:00 to 17:00 on weekdays.\n",[229,356,357],{},"\n5.1.2 The PRIO support hours are from 9:00 to 22:00 on weekdays and from 10:00 to 20:00 on Saturdays, Sundays, and public holidays (only available at an additional charge).\n",[229,359,360],{},"\n5.1.3 Defects and support cases must be reported to the contact points specified in the offer.\n",[229,362,363],{},"\n5.1.4 A change to the support times in relation to certain projects and\u002For time periods can be agreed on an order agreement within the meaning of Section 4 may be made.\n",[20,365,367],{"id":366},"_52","5.2",[25,369,370],{},"Remedy of Defects, Defect Categories, Response and Remedy Times",[226,372,373,376,379,382,393,396,399,413,416],{},[229,374,375],{},"\n5.2.1 IaS shall remedy any defects in the online betting platform in accordance with the following provisions.\n",[229,377,378],{},"\n5.2.2 Defects are malfunctions or other deviations from the normal running condition of the software that manifest themselves in a partial or complete failure of the functionality of the software. Strict liability pursuant to Section 536a (1) BGB for defects that already existed when the contract was concluded is excluded.\n",[229,380,381],{},"\n5.2.3 Any defects that occur shall be categorised according to the following categories and subsequently be dealt with according to reaction times and remediation times. IaS shall keep the customer informed of the status and success of the remediation on an ongoing basis.\n",[226,383,384,387,390],{},[229,385,386],{},"\n5.2.3.1 Critical defect (priority 1): Fault that causes a failure of the entire online betting platform or significant parts thereof, so that utilisation is completely or almost completely impossible. The operational process is impaired to such an extent that an immediate remedy is unavoidable.\n",[229,388,389],{},"\n5.2.3.2 Significant defect (priority 2): Fault that impairs the use of the online betting platform to such an extent that reasonable work with the system is no longer possible or only possible with disproportionate effort. The simultaneous occurrence of several significant performance deficiencies can lead to a critical performance deficiency.\n",[229,391,392],{},"\n5.2.3.3 Other defect (priority 3): Other fault that does not or only insignificantly impairs the use of the online betting platform. The simultaneous occurrence of several such defects can lead to a significant or critical performance deficiency.\n",[229,394,395],{},"\n5.2.4 The customer shall classify the defects into the various categories at its reasonable discretion, considering the effects that the relevant defect in performance has on its business operations and giving reasonable consideration to the interests of IaS.\n",[229,397,398],{},"\n5.2.5 If no separate agreements have been made with IaS, IaS shall react to the notification of a defect by the customer exclusively within the support times in accordance with the following time limits (\"reaction time\") and shall remedy the defects within the following time limits in each case within the support times (\"remediation time\").\n",[226,400,401,404,407,410],{},[229,402,403],{},"\n5.2.5.1 In the event of critical defects, IaS will respond within 60 minutes (Basic) or 15 minutes (Prio) of receiving the report, respectively after the start of the support period, and remedy the defect as quickly as possible, but at the latest within 12 hours (Basic) or eight hours (Prio).\n",[229,405,406],{},"\n5.2.5.2 In the event of significant defects, IaS will respond within two hours of receiving the report, respectively after the start of the support period, and remedy the defect quickly, but at the latest within 36 hours (Basic) or 24 hours (Prio).\n",[229,408,409],{},"\n5.2.5.3 In the event of other defects, IaS will respond within 24 hours of receipt of the report, respectively, after the start of the support period and remedy the fault within the next 20 working days.\n",[229,411,412],{},"\n5.2.5.4 The reaction and remedy time is suspended outside the agreed support times.\n",[229,414,415],{},"\n5.2.6 If IaS is unable to remedy the defect within the remediation period, IaS may provide a workaround within this period. If IaS can foresee that a complete elimination of the problem is not possible within a reasonable period of time, IaS must inform the customer without delay of the expected time of elimination of the defect, stating the reasons. The choice of means for processing is at the dutiful discretion of IaS.\n",[229,417,418],{},"\n5.2.7 A change to the reaction and remediation times in relation to specific projects and\u002For time periods can be agreed by order agreement within the meaning of section 4.\n",[20,420,422],{"id":421},"_53","5.3",[25,424,425,426,429,431,432],{},"IaS guarantees a monthly average availability of 99% for the operational readiness of the online betting platform up to the delivery point. The availability is calculated according to the following formula:\n",[427,428],"br",{},[427,430],{},"\nSystem availabilty =\n",[433,434],"img",{"alt":435,"src":436,"style":437},"Formel","terms-conditions-formula.png","width: 100%; max-width: 600px; height: auto;",[20,439,441],{"id":440},"_54","5.4",[25,443,444],{},"IaS usually carries out regular maintenance work Monday to Thursday between 8:00 and 10:00 a.m. (maintenance window). If the online betting platform is not available or only available to a limited extent during this period, this shall be deemed \"excluded downtime\" within the meaning of section 5.3.",[15,446,448],{"id":447},"_6-co-operation-obligations","6. Co-Operation Obligations",[20,450,452],{"id":451},"_61","6.1",[25,454,455],{},"The customer must conclude the necessary contracts with TOTO providers and providers of betting data for data imports himself and in his own name. The online betting platform only provides the technical interfaces but does not authorise the use of data from third parties, e.g. TOTO providers.",[20,457,459],{"id":458},"_62","6.2",[25,461,462],{},"The customer is responsible for complying with the legal requirements; he must fulfil the legal requirements in order to be allowed to organise and offer bets via the online betting platform. IaS merely provides the online betting platform in order to enable technical realisation.",[20,464,466],{"id":465},"_63","6.3",[25,468,469],{},"The customer undertakes further obligations,",[226,471,472,475,478,481,484,487,490],{},[229,473,474],{},"\n6.3.1 To protect his assigned usage and access authorisations as well as identification and authentication safeguards from access by third parties and not to pass them on to unauthorised users,\n",[229,476,477],{},"\n6.3.2 not to use the Software contrary to the provisions set out in Section 11,\n",[229,479,480],{},"\n6.3.3 not to misuse the software or allow it to be misused, in particular not to transmit any information offers with illegal or immoral content, including content that violates copyright and competition law,\n",[229,482,483],{},"\n6.3.4 not to use the software without fulfilling the legal requirements,\n",[229,485,486],{},"\n6.3.5 to refrain from attempting to retrieve information or data without authorisation, either themselves or through unauthorised third parties, or to intervene in programs operated by IaS or have them intervened in, or to penetrate IaS's data networks without authorisation.\n",[229,488,489],{},"\n6.3.6 to indemnify IaS against all claims by third parties which are based on unlawful use of the online platform by the customer, or which are made with the customer's approval, or which arise in particular from copyright or other legal disputes connected with the use of the software. If the customer recognises or must recognise that such an infringement is imminent, it is obliged to inform IaS immediately.\n",[229,491,492],{},"\n6.3.7 to inform IaS immediately in text form (e-mail) of any dysfunctions of the software that occur from the customer's point of view, stating the malfunction that exists from the customer's point of view.\n",[15,494,496],{"id":495},"_7-special-orders-customising","7. Special Orders, Customising",[20,498,500],{"id":499},"_71","7.1",[25,502,503],{},"If the customer requires customising, he contacts IaS in text form, describes the desired change or functionality in detail and requests an offer.",[20,505,507],{"id":506},"_72","7.2",[25,509,510],{},"IaS shall prepare an offer in which the individual service components specifically requested by the customer and their respective specific scope of services and the consideration to be paid (remuneration) are listed.",[20,512,514],{"id":513},"_73","7.3",[25,516,517],{},"The contract between IaS and the customer for this service is concluded by the acceptance of the order placed by IaS within the meaning of clause 7.27.1. Acceptance of the offer by the customer shall be in text form.",[20,519,521],{"id":520},"_74","7.4",[25,523,524],{},"The offer and acceptance become part of the contract and are hereinafter referred to as the order.",[20,526,528],{"id":527},"_75","7.5",[25,530,531],{},"Moreover, any agreements between the parties shall become part of the contract in the sense of concretising an order if and insofar as these agreements are made at least in text form.",[20,533,535],{"id":534},"_76","7.6",[25,537,538],{},"If the parties agree a schedule for the implementation of IaS's services, this schedule shall be documented in a protocol (corresponding e-mails or messages in the ticket system shall be deemed sufficient).",[20,540,542],{"id":541},"_77","7.7",[25,544,545],{},"If a change requested by the customer results in the online betting platform not being available in whole or in part or not being available in all countries or no bets may be allowed to be offered\u002Forganised there, this shall not result in the obligation to pay for the online betting platform being waived.",[20,547,549],{"id":548},"_78","7.8",[25,551,552],{},"The customer is aware that changes and enhancements to the online betting platform specially commissioned by him will be made to the current version of the software. IaS is not obliged to adapt the further development of the online betting platform in regard to the changes requested by the customer. Nevertheless, IaS will endeavour to maintain compatibility. If, following an update or a patch, the compatibility requested by the customer in accordance with 7.1 or not fully functional, this does not constitute a defect.",[20,554,556],{"id":555},"_79","7.9",[25,558,559],{},"For individual changes in accordance with this section, the service level according to clause 5 shall apply accordingly. It does not constitute a support case or defect if the interface of a third party addressed by the individual change is changed or discontinued.",[15,561,563],{"id":562},"_8-change-request-procedure-change-to-services-within-the-project-course-of-an-individual-order","8. Change Request Procedure (Change to Services within the Project Course of an individual Order)",[20,565,567],{"id":566},"_81","8.1",[25,569,570],{},"The customer may request changes to the customer design or customising in accordance with Section 7 and additions to the specifically agreed services under the following conditions:",[226,572,573,576,579,582],{},[229,574,575],{},"\n8.1.1 The customer shall declare his change request to IaS at least in text form.\n",[229,577,578],{},"\n8.1.2 IaS shall examine the change request as quickly as possible and submit an offer to the customer containing details of the (technical) feasibility, the associated costs, and the associated schedule shift in the project plan. This offer must also be submitted at least in text form.\n",[229,580,581],{},"\n8.1.3 IaS's offer must be accepted by the customer at least in text form (e.g. by corresponding e-mails). These concurring declarations in text form regarding changes to the service shall become part of the order.\n",[229,583,584],{},"\n8.1.4 In the case of agreed or planned acceptances and\u002For approvals within the meaning of this clause, a change in performance shall only be permitted up to the time of acceptance or approval within the meaning of clause 9 possible.\n",[20,586,588],{"id":587},"_82","8.2",[25,590,591],{},"IaS will continue to provide the contractual services as planned during an ongoing service change procedure, unless the customer directs IaS at least in text form that the work should be suspended or restricted until a decision on the service change has been made. If services are to be provided or actions are to be carried out before the conclusion of the service change procedure which would no longer be usable due to the possible service changes, IaS shall inform the customer of this immediately, at least in text form.",[15,593,595],{"id":594},"_9-acceptances-approvals","9. Acceptances, Approvals",[20,597,599],{"id":598},"_91","9.1",[25,601,602],{},"If acceptance in sense of section 640 of the German Civil Code has been agreed in the order or in the associated project agreements or if it is apparent from the subject matter of the service in sense of section 631 ff German Civil Code and the overall view that acceptance in sense of section 640 German Civil Code is required, the following provisions shall apply.",[226,604,605,608,611,614],{},[229,606,607],{},"\n9.1.1 The subject of acceptance is the contractually owed service as specifically described in the order and\u002For other service descriptions. The requirement for acceptance is that IaS provides the customer with all work results in full and notifies the customer of readiness for acceptance.\n",[229,609,610],{},"\n9.1.2 The customer must immediately begin with examining the readiness for acceptance.\n",[229,612,613],{},"\n9.1.3 If the customer does not recognise acceptability and if acceptance fails in this respect, the following procedure shall apply:\n",[226,615,616,619,622],{},[229,617,618],{},"\n9.1.3.1 The customer shall provide IaS with a list and description of all defects hindering acceptance.\n",[229,620,621],{},"\n9.1.3.2 IaS shall remedy the defects identified and provide a defect-free service ready for acceptance within a reasonable period of time.\n",[229,623,624],{},"\n9.1.3.3 The customer then only examines the recorded defects insofar as they can be the subject of an isolated examination in terms of their function.\n",[20,626,628],{"id":627},"_92","9.2",[25,630,631],{},"The customer may not refuse acceptance due to insignificant defects. The insignificant defects must be listed individually in the acceptance report.",[20,633,635],{"id":634},"_93","9.3",[25,637,638],{},"The customer must declare acceptance by the person responsible immediately, but no later than seven days after notification of acceptance readiness by IaS, if and insofar as no other period for acceptance has been expressly agreed, at least in text form. If no declaration of acceptance is made by the customer within the aforementioned period, acceptance shall be deemed to have taken place (fictitious acceptance), provided that IaS has ensured that the customer has effectively received the information.",[20,640,642],{"id":641},"_94","9.4",[25,644,645],{},"If approvals are agreed in the order or in the associated project agreements or if it is apparent from the subject matter of the service and the overall view that an approval is required, the following provisions shall apply:",[226,647,648,651,654],{},[229,649,650],{},"\n9.4.1 The subject matter of a release is, insofar as it does not concern work services in sense of section 631 German Civil Code, rough or detailed concepts of any kind which are based on a briefing from the customer, and which represent the prerequisite for the next implementation step of an order. The prerequisite for approval is that IaS makes all work results available to the customer in full and indicates the requirement for approval.\n",[229,652,653],{},"\n9.4.2 In order to comply with project plans, the customer must begin examining the approval immediately after notification of readiness for approval and declare approval as soon as possible.\n",[229,655,656],{},"\n9.4.3 If the client does not approve a concept, it shall depend on the specific individual order whether the revision of a concept to obtain approval is covered by this individual order or whether this constitutes a change in service to be remunerated. If the revision of the concept is equivalent to a new version and\u002For if a revision of the concept is required which, at least in part, significantly contradicts the original briefing on the concept, the processing shall be expressly deemed not to be covered by the individual order and shall be remunerated by the customer in accordance with the work involved.\n",[15,658,660],{"id":659},"_10-standards-regulation","10. Standards, Regulation",[20,662,664],{"id":663},"_101","10.1",[25,666,667],{},"IaS provides all services in accordance with the recognised rules of technology, based on the proven knowledge of science, technology and experience.",[20,669,671],{"id":670},"_102","10.2",[25,673,674],{},"IaS endeavours to take into account the regulatory requirements of as many supervisory authorities as possible. There is no entitlement to the online betting platform fulfilling all administrative requirements imposed on the customer for his gambling license without modification. The customer can commission IaS to make any necessary adjustments separately.",[15,676,678],{"id":677},"_11-granting-of-rights-licenses","11. Granting of Rights (Licenses)",[20,680,682],{"id":681},"_111","11.1",[25,684,685],{},"IaS guarantees to be the unrestricted rights holder of the rights regarding the online betting platform in question. Ias grants the customer with regard to the software within the meaning of clause 3 of the agreement the non-exclusive, non-transferable right, limited in time to the term of this agreement, to access the online betting platform by means of telecommunications connections (via the Internet) and to use the contractually agreed functionalities associated with the online platform by means of a browser in order to offer online betting for end consumers. The customer does not receive any further rights.",[20,687,689],{"id":688},"_112","11.2",[25,691,692],{},"The customer is not authorised to use the software beyond the contractually permitted use or to have it used by third parties; in particular, the customer is not permitted to reproduce the online betting platform in whole or in part, to sell it or make it available to third parties for a limited period of time, in particular not to rent it out or grant rights to it in any other way, to reproduce it publicly by wire or wireless means or to make it available to third parties for a fee or free of charge.",[20,694,696],{"id":695},"_113","11.3",[25,698,699],{},"Section 11.1 shall also apply regarding service extensions within the meaning of Section 7.",[20,701,703],{"id":702},"_114","11.4",[25,705,706],{},"The customer shall not receive any further rights of use beyond this, nor shall any rights be transferred to the customer.",[20,708,710],{"id":709},"_115","11.5",[25,712,713],{},"The customer shall receive the exclusive right of use to the customer design that IaS realises for the customer.",[20,715,717],{"id":716},"_116","11.6",[25,719,720],{},"For materials that the customer supplies to IaS for the implementation of the graphic customisation of the platform (such as protected content such as texts, photographs, graphics, audio or video files, etc.), the customer guarantees IaS that it holds the necessary copyrights and\u002For rights of use. The customer transfers to IaS all rights of use necessary for the fulfilment of the contract regarding the content supplied. The customer guarantees that it can also grant these rights to third parties. The above also applies accordingly in relation to the consent of persons depicted regarding their personal rights.",[15,722,724],{"id":723},"_12-remuneration-terms-of-payment","12. Remuneration, Terms of Payment",[20,726,728],{"id":727},"_121","12.1",[25,730,731],{},"In return for the services provided by IaS and the right to use the online betting platform, the customer shall pay the following fees and license fees:",[226,733,734,737,740,743,746],{},[229,735,736],{},"\n12.1.1 The customer shall pay a one-off core setup fee for the basic set-up of the online betting platform in accordance with the price list or offer. The invoice for the setup fee is due 14 days after the invoice date and can be issued irrespective of any customisations ordered.\n",[229,738,739],{},"\n12.1.2 License fees for the online betting platform and components as well as service flat rates are payable per month.\n",[229,741,742],{},"\n12.1.3 Separately ordered services are invoiced individually after the service has been provided and are due 10 days after the invoice date.\n",[229,744,745],{},"\n12.1.4 Monthly fees are due in advance on the 2nd day of each month. In the month in which the contract commences, only the days from the provision of the access data are charged; the month is calculated as 30 days.\n",[229,747,748],{},"\n12.1.5 All of the above prices are net prices plus the applicable statutory VAT.\n",[20,750,752],{"id":751},"_122","12.2",[25,754,755],{},"If the customer is in default of payment for more than six weeks, IaS is entitled to terminate the contract without notice. Claims for damages remain reserved.",[20,757,759],{"id":758},"_123","12.3",[25,761,762],{},"If the online betting platform cannot be used or cannot be used everywhere for offering bets due to legal requirements, changes to legal requirements or customising orders from the customer, this does not release the customer from his payment obligation.",[15,764,766],{"id":765},"_13-warranty","13. Warranty",[20,768,770],{"id":769},"_131","13.1",[25,772,773],{},"IaS provides a warranty in accordance with the statutory provisions, unless the warranty is limited separately by the following clauses.",[20,775,777],{"id":776},"_132","13.2",[25,779,780],{},"In the case of a work performance ins sense of section 631 of the German Civil Code, IaS shall provide a warranty in the event of defective performance by remedying the defect through subsequent improvement. If two attempts to remedy each defect have failed, the customer may choose to reduce the price or cancel the order. In the event of cancellation, services rendered up to that point shall be remunerated in accordance with the agreement reached. Otherwise, the contractual relationship shall be cancelled.",[20,782,784],{"id":783},"_133","13.3",[25,786,787],{},"Claims resulting from the warranty obligation are subject to a limitation period of one year from the start of the statutory limitation period.",[15,789,791],{"id":790},"_14-liability","14. Liability",[20,793,795],{"id":794},"_141","14.1",[25,797,798],{},"IaS shall be liable without limitation for damage caused by itself, its employees and vicarious agents wilfully or through gross negligence, in the event of fraudulent concealment of defects, in the event of the express assumption of a guarantee and for damage resulting from injury to life, limb and health.",[20,800,802],{"id":801},"_142","14.2",[25,804,805],{},"IaS shall only be liable for other damages if an obligation is breached, the fulfilment of which is essential for the proper performance of the contract and on the observance of which the contractual partner may regularly rely (cardinal obligation). The liability for damages is limited to such damages that are to be regarded as typical for the contract and foreseeable. Any liability under the Product Liability Act remains unaffected. Any liability on the part of IaS over and above the above is excluded. In particular, IaS shall not be liable for loss of profit, loss of savings, indirect damage and consequential damage.",[15,807,809],{"id":808},"_15-right-of-retention-offsetting-assignment","15. Right of Retention, Offsetting, Assignment",[20,811,813],{"id":812},"_151","15.1",[25,815,816],{},"The parties may only offset claims of the other party against undisputed or legally established claims.",[20,818,820],{"id":819},"_152","15.2",[25,822,823],{},"The parties may only assert a right of retention in the case of existing counterclaims arising from this contractual relationship.",[20,825,827],{"id":826},"_153","15.3",[25,829,830],{},"The assignment of claims of one party arising from or in connection with this contract requires the prior written consent of the other party. Section 354a of the German Commercial Code remains unaffected.",[15,832,834],{"id":833},"_16-data-protection-information-security","16. Data Protection, Information Security",[20,836,838],{"id":837},"_161","16.1",[25,840,841],{},"The parties conclude the data processing agreement in Annex A.",[20,843,845],{"id":844},"_162","16.2",[25,847,848],{},"IaS has an appropriate, documented and implemented security concept for the provision of the contractual services (including the necessary infrastructural, organisational, personnel and technical components) as well as an information security management system (\"ISMS\") including emergency management.",[20,850,852],{"id":851},"_163","16.3",[25,854,855],{},"IaS is obliged to report any information security breaches that have or could have an impact on the security of the customer's data to the customer in accordance with Art. 33 GDPR and to take appropriate measures at its own expense to deal with and prevent such an incident in the future.",[15,857,859],{"id":858},"_17-subcontractor","17. Subcontractor",[20,861,863],{"id":862},"_171","17.1",[25,865,866],{},"The full or partial outsourcing of the provision of IT services by IaS to a subcontractor requires the customer's prior consent in text form. The customer will only refuse consent for objectively justified reasons. An objectively justified reason exists in particular if there are indications that the commissioning of the subcontractor would jeopardise or impair the provision of the contractual services. If an objectively justified reason, which authorised the customer to refuse consent, only arises after the customer has given its consent to the use of a subcontractor, the customer may revoke its consent.",[20,868,870],{"id":869},"_172","17.2",[25,872,873],{},"The above clause does not affect the provisions on the use of sub-processors in the order processing agreement.",[15,875,877],{"id":876},"_18-contract-term-cancellation","18. Contract Term, Cancellation",[20,879,881],{"id":880},"_181","18.1",[25,883,884],{},"The term of the contract is two years.",[20,886,888],{"id":887},"_182","18.2",[25,890,891],{},"The term of the contract begins with the actual provision of the access data for the online betting platform to the customer at the agreed time. The term shall also commence if the customer is not yet authorised or able to offer bets via the online platform for legal or factual reasons unrelated to IaS.",[20,893,895],{"id":894},"_183","18.3",[25,897,898],{},"The term of the contract shall be automatically extended by a further two years unless the customer cancels the contract in writing with six months' notice to the end of the contract term.",[20,900,902],{"id":901},"_184","18.4",[25,904,905],{},"Individual components can be cancelled in text form with a notice period of three months to the end of the month.",[20,907,909],{"id":908},"_185","18.5",[25,911,912],{},"Each party has the right to terminate this contract prematurely at any time for good cause. The parties agree that grounds for early termination include, in particular, the initiation of insolvency proceedings or similar proceedings by the other party that are not cancelled within 2 months.",[20,914,916],{"id":915},"_186","18.6",[25,918,919],{},"The reason for early termination shall not give rise to any claims for damages against the party entitled to termination.",[15,921,923],{"id":922},"_19-return-and-deletion-of-data-upon-termination-of-the-contract","19. Return and Deletion of Data upon Termination of the Contract",[20,925,927],{"id":926},"_191","19.1",[25,929,930],{},"After the end of the contract term, IaS shall make the data stored on the online betting platform relating to users available to the customer in full within two weeks for download in CSV format. IaS is not responsible for the success of the data transfer.",[20,932,934],{"id":933},"_192","19.2",[25,936,937],{},"Within one week of the customer downloading the data, but no later than six weeks after the end of the contract, IaS will delete all of the customer's data belonging to the online betting platform.",[20,939,941],{"id":940},"_193","19.3",[25,943,944],{},"At the customer's request, IaS shall make the customer data available to a third party in a suitable format for a separate fee.",[15,946,948],{"id":947},"_20-final-provisions","20. Final Provisions",[20,950,952],{"id":951},"_201","20.1",[25,954,955],{},"The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.",[20,957,959],{"id":958},"_202","20.2",[25,961,962],{},"The courts in Hamburg and Kiel shall have jurisdiction for disputes arising from this contract.",[20,964,966],{"id":965},"_203","20.3",[25,968,969],{},"Amendments or additions to this contract must be made in writing, unless this contract explicitly refers to the text form for amendments or additions. Amendments or additions to this clause must be made in writing.",[20,971,973],{"id":972},"_204","20.4",[25,975,976],{},"Should any provision of these regulations be invalid, this shall not affect the legal validity of the remaining provisions. The same applies in the event of a contractual loophole.",[15,978,980],{"id":979},"appendix-a","Appendix: A",[15,982,984],{"id":983},"data-processing-agreement","Data processing agreement",[20,986,988],{"id":987},"auftragsverarbeitungsvertrag-online-wettplattform","Auftragsverarbeitungsvertrag Online-Wettplattform",[15,990,992],{"id":991},"data-processing-agreement-for-online-betting-platform","Data Processing Agreement For Online Betting Platform",[15,994,996],{"id":995},"_1-general-information","1. General information",[20,998,23],{"id":999},"_11-1",[25,1001,1002],{},"IaS as the contractor provides the client with an online betting platform. In this context, the contractor processes personal data on behalf of the client. This contract contains, according to the will of the parties and in particular the client, the written order for order processing within the meaning of Art. 28 of Regulation (EU) 2016\u002F679 - General Data Protection Regulation (GDPR) and regulates the rights and obligations of the parties in connection with data processing in the provision of the main service.",[20,1004,31],{"id":1005},"_12-1",[25,1007,1008],{},"Insofar as the term \"data processing\" or \"processing\" (of personal data) is used in this contract, the definition of \"processing\" within the meaning of Art. 4 No. 2 GDPR shall apply.",[15,1010,1012],{"id":1011},"_2-subject-of-the-order","2. Subject of the order",[20,1014,42],{"id":1015},"_21-1",[25,1017,1018],{},"The specific subject matter of the order is set out in the main contract concluded with the client and\u002For the respective service and implementation orders. In general, the provision of a SaaS including interfaces is owed, which the client uses to operate its own online betting platform and fills with content.",[20,1020,49],{"id":1021},"_22-1",[25,1023,1024],{},"The following types of data and the categories of data subjects listed below are the subject of the processing:",[226,1026,1027,1030,1044,1047],{},[229,1028,1029],{},"\n2.2.1 Categories of data subjects\n",[226,1031,1032,1035,1038,1041],{},[229,1033,1034],{},"\nEmployees of the client\n",[229,1036,1037],{},"\nBetting customers of the client\n",[229,1039,1040],{},"\nInterested parties of the client\n",[229,1042,1043],{},"\nParticipants in sporting events on which bets are placed\n",[229,1045,1046],{},"\n2.2.2 Data categories\n",[1048,1049,1050],"table",{},[1051,1052,1053,1078,1127,1152],"tbody",{},[1054,1055,1056,1059],"tr",{},[1057,1058,1034],"th",{},[1057,1060,1061],{},[226,1062,1063,1066,1069,1072,1075],{},[229,1064,1065],{},"\nFirst name and surname\n",[229,1067,1068],{},"\nE-mail address\n",[229,1070,1071],{},"\nUsername\n",[229,1073,1074],{},"\nLog files of user activity in the system\n",[229,1076,1077],{},"\nMobile phone number (for 2-factor authentication))\n",[1054,1079,1080,1083],{},[1057,1081,1082],{},"\nBetting clients of the client\n",[1057,1084,1085],{},[226,1086,1087,1089,1092,1095,1098,1101,1104,1106,1109,1112,1115,1118,1121,1124],{},[229,1088,1065],{},[229,1090,1091],{},"\nPostal address\n",[229,1093,1094],{},"\nDate of birth\n",[229,1096,1097],{},"\nGender\n",[229,1099,1100],{},"\nNationality\n",[229,1102,1103],{},"\nTelephone number\n",[229,1105,1068],{},[229,1107,1108],{},"\nBank details\n",[229,1110,1111],{},"\nInformation about the bet (e.g. bet payout)\n",[229,1113,1114],{},"\nIdentification documents\n",[229,1116,1117],{},"\nLimits\n",[229,1119,1120],{},"\nPostings (deposits\u002Fpayments)\n",[229,1122,1123],{},"\nLogin times\n",[229,1125,1126],{},"\nPlayer blocking \u002F self-exclusion system (if available, e.g. OASIS)\n",[1054,1128,1129,1131],{},[1057,1130,1040],{},[1057,1132,1133],{},[226,1134,1135,1138,1141],{},[229,1136,1137],{},"\nIP address (anonymised)\n",[229,1139,1140],{},"\nTraffic data such as\n",[226,1142,1143,1146,1149],{},[229,1144,1145],{},"\nAccesses and access times\n",[229,1147,1148],{},"\nVisited pages\n",[229,1150,1151],{},"\nBrowser and device data\n",[1054,1153,1154,1156],{},[1057,1155,1043],{},[1057,1157,1158,1159],{},"\nData manifestly made public such as\n",[226,1160,1161,1164,1167],{},[229,1162,1163],{},"\nName and weight of the jockey\n",[229,1165,1166],{},"\nName of the trainer\n",[229,1168,1169],{},"\nName of the owner of a racehorse\nand any other information related to the race\n",[15,1171,1173],{"id":1172},"_3-rights-and-obligations-of-the-client","3. Rights and obligations of the client",[20,1175,207],{"id":1176},"_31-1",[25,1178,1179],{},"The client is the controller within the meaning of Art. 4 No. 7 GDPR for the processing of data on behalf of the contractor. The client alone is responsible for judging the lawful nature of the data-processing. The contractor is entitled according to para. 4.8 the right to point out to the client any data processing that it considers to be unlawful.",[20,1181,214],{"id":1182},"_32-1",[25,1184,1185],{},"As the controller, the client is responsible for safeguarding the rights of data subjects. The contractor shall promptly inform the client if data subjects assert their data subject rights against the contractor.",[20,1187,221],{"id":1188},"_33-1",[25,1190,1191],{},"The client shall verify compliance with the technical and organizational data security measures taken by the contractor before the start of data processing and then regularly thereafter. For this purpose, the client may first request current data security concepts from the contractor. The client may, for the purpose of checking or monitoring compliance with technical and organizational measures within the meaning of this clause and within the meaning of clause 5 the client may also employ its own or external experts; however, the costs for such an examination by such experts shall be borne exclusively by the client. The client shall document the result in a suitable manner.",[20,1193,253],{"id":1194},"_34-1",[25,1196,1197],{},"The client has the right to issue additional instructions to the contractor at any time regarding the type, scope and procedure of data processing. Instructions may be issued in writing or by e-mail.",[20,1199,260],{"id":1200},"_35-1",[25,1202,1203],{},"Additional expenses incurred by the contractor after conclusion of the contract as a result of supplementary instructions regarding requests for changes to requirements not constituting compliance with data protection requirements shall be remunerated by the client based on time expenditure. The hourly rates to be applied for the remuneration shall correspond to those to be taken from the order on which the order processing is based.",[20,1205,267],{"id":1206},"_36-1",[25,1208,1209],{},"The client must name persons authorised to issue instructions.",[20,1211,274],{"id":1212},"_37-1",[25,1214,1215],{},"In the event that the persons authorised to issue instructions at the client change, the client shall inform the contractor of this in writing.",[20,1217,281],{"id":1218},"_38-1",[25,1220,1221],{},"The client shall inform the contractor immediately if it discovers errors or irregularities in connection with the processing of personal data by the contractor.",[15,1223,1225],{"id":1224},"_4-general-obligations-of-the-contractor","4. General obligations of the contractor",[20,1227,321],{"id":1228},"_41-1",[25,1230,1231],{},"The contractor shall process personal data solely within the scope of the agreements made here and\u002For in compliance with any supplementary instructions issued by the client. The purpose, type and scope of data processing shall be governed exclusively by this contract and\u002For the instructions of the client. The contractor is prohibited from any unauthorised processing of data that deviates from this, unless the client has consented to this in writing.",[20,1233,328],{"id":1234},"_42-1",[25,1236,1237],{},"In principle, documents or data records containing personal data and files that are no longer required may only be destroyed by the contractor in accordance with the  data protection regulations with the prior consent of the Client.",[20,1239,335],{"id":1240},"_43-1",[25,1242,1243],{},"The contractor undertakes to carry out data processing on behalf of the client only in member states of the European Union (EU).",[20,1245,1247],{"id":1246},"_44","4.4",[25,1249,1250],{},"The contractor confirms that it has appointed a company data protection officer in accordance with Art. 37 GDPR. The contractor shall ensure that the data protection officer has the necessary qualifications and expertise. The contractor shall inform the Client of the name and contact details of its data protection officer separately in text form.",[20,1252,1254],{"id":1253},"_45","4.5",[25,1256,1257],{},"The obligation to appoint a data protection officer in accordance with 4.4 may be waived at the discretion of the Client if the contractor can prove that it is not legally obliged to appoint a data protection officer and the contractor can prove that operational regulations are in place that ensure the processing of personal data in compliance with the statutory provisions, the provisions of this contract and any further instructions of the Client.",[20,1259,1261],{"id":1260},"_46","4.6",[25,1263,1264],{},"In the area of the processing of personal data in accordance with the contract, the contractor shall ensure the contractual fulfilment of all agreed measures, which arise in particular from Section 10 and the associated annexes.",[20,1266,1268],{"id":1267},"_47","4.7",[25,1270,1271],{},"The contractor is obliged to organise its company and its operating procedures in such a way that the data it processes on behalf of the client is secured to the extent necessary and protected against unauthorised access by third parties. The contractor shall coordinate any changes in the organisation of data processing on behalf of the client that are significant for the security of the data with the client in advance.",[20,1273,1275],{"id":1274},"_48","4.8",[25,1277,1278],{},"The contractor shall inform the client immediately if, in its opinion, an instruction issued by the client violates statutory regulations. The contractor is authorised to suspend the execution of the instruction in question until it is confirmed or amended by the client.",[20,1280,1282],{"id":1281},"_49","4.9",[25,1284,1285],{},"The contractor is obliged to notify the client immediately of any breach of data protection regulations or of the contractual agreements made and\u002For the instructions issued by the client that has occurred in the course of the processing of data by the contractor or other persons involved in the processing. Furthermore, the contractor shall inform the client immediately if a supervisory authority takes action against the contractor in accordance with Art. 58 GDPR and this may also concern a control of the processing that the contractor performs on behalf of the client.",[20,1287,1289],{"id":1288},"_410","4.10",[25,1291,1292],{},"In the event that the contractor establish or assume based on facts that personal data especially",[226,1294,1295,1298,1301,1304,1307],{},[229,1296,1297],{},"\n4.10.1 special categories of personal data (Art. 9 GDPR) or\n",[229,1299,1300],{},"\n4.10.2 personal data that is subject to professional secrecy or\n",[229,1302,1303],{},"\n4.10.3 personal data relating to criminal offences or administrative offences, or\n",[229,1305,1306],{},"\n4.10.4 personal data relating to criminal convictions, offences and\u002For related security detentions within the meaning of Art. 10 GDPR or\n",[229,1308,1309],{},"\n4.10.5 Personal data on bank and credit card accounts\n",[25,1311,1312],{},"processed by the contractor for the Client has unlawfully transmitted or otherwise unlawfully come to the knowledge of third parties, the contractor must immediately and fully inform the client of the time, type and scope of the incident(s) in writing or text form (e-mail). The information must contain a description of the nature of the unlawful acquisition of knowledge. The information should also include a description of the possible detrimental consequences of the unlawful acquisition of knowledge. The contractor is also obliged to inform the Client immediately of the measures taken by the contractor to prevent the unlawful transmission or unauthorised access by third parties in the future.",[20,1314,1316],{"id":1315},"_411","4.11",[25,1318,1319],{},"The contractor is aware that the client may be subject to a reporting obligation pursuant to Art. 33 GDPR with regard to unlawful data transfers within the meaning of Section 4.9 and 4.10 which provides for notification to the supervisory authority within 72 hours after detection. The contractor shall support the client with corresponding reporting obligations and, if applicable, with existing notification obligations pursuant to Art. 34 GDPR.",[20,1321,1323],{"id":1322},"_412","4.12",[25,1325,1326],{},"The processing of data on behalf of the client outside the premises of the contractor or subcontractors is permitted. However, the contractor must guarantee the security of the data in both technical and organisational terms and expressly oblige any subcontractors to comply with this obligation.",[20,1328,1330],{"id":1329},"_413","4.13",[25,1332,1333],{},"The contractor shall label the data that it processes on behalf of the client in a suitable manner and organise the data storage in such a way that the data processed for the client can be clearly assigned to it. If the data is processed for different purposes, the contractor shall label the data with the respective purpose.",[20,1335,1337],{"id":1336},"_414","4.14",[25,1339,1340],{},"The contractor shall co-operate in the preparation of the Client's list of processing activities insofar as the contractor's data processing activities are relevant here. It shall provide the Client with the necessary information in an appropriate manner.",[20,1342,1344],{"id":1343},"_415","4.15",[25,1346,1347],{},"The contractor may designate to the Client in text form the person(s) authorised to receive instructions from the Client.",[15,1349,1351],{"id":1350},"_5-control-authorisations-of-the-client","5. Control authorisations of the client",[20,1353,346],{"id":1354},"_51-1",[25,1356,1357],{},"The client shall be entitled at any time and to the extent necessary to monitor compliance with the statutory provisions on data protection and\u002For compliance with the contractual provisions agreed between the parties and\u002For compliance with the client’s instructions by the contractor.",[20,1359,367],{"id":1360},"_52-1",[25,1362,1363],{},"The contractor shall be obliged to provide the client with information insofar as this is necessary to carry out the inspection within the meaning of Section 5.1 is necessary.",[20,1365,422],{"id":1366},"_53-1",[25,1368,1369],{},"The client may request to inspect the data processed by the contractor for the client as well as the data processing systems and programmes used.",[20,1371,441],{"id":1372},"_54-1",[25,1374,1375],{},"The client may, after prior notification with a reasonable period of notice, request the inspection within the meaning of Section 5.1 at the contractor's premises during normal business hours. The client shall ensure that the inspections are only carried out to the extent necessary so as not to disproportionately disrupt the contractor's business operations as a result of the inspections.",[20,1377,1379],{"id":1378},"_55","5.5",[25,1381,1382],{},"At the contractor's discretion, proof of compliance with the technical and organisational measures may also be provided instead of an on-site inspection by the submission of a suitable, current audit certificate, reports or report extracts from independent bodies (e.g. auditors, internal audit, data protection officer, IT security department, data protection auditors or quality auditors) or a suitable certification, if the audit report enables the client to reasonably satisfy itself of compliance with the technical and organisational measures in accordance with Annex 2 to this Agreement. If the client has reasonable doubts about the suitability of the test document within the meaning of sentence 1, an on-site inspection may be carried out by the client. The client is aware that an on-site inspection in data centres is not possible or only possible in justified exceptional cases.",[20,1384,1386],{"id":1385},"_56","5.6",[25,1388,1389],{},"The contractor is obliged to provide the client with the necessary information in the event of measures taken by the supervisory authority against the client within the meaning of Art. 58 GDPR in conjunction with Section 40 BDSG, in particular with regard to information and control obligations, and to enable the respective competent supervisory authority to carry out an on-site inspection. The client shall be informed by the contractor of any corresponding planned measures.",[15,1391,1393],{"id":1392},"_6-subcontracting","6. Subcontracting",[20,1395,452],{"id":1396},"_61-1",[25,1398,1399],{},"The contractor is authorised to use the subcontractors specified in Annex 1 to this contract for the processing of data on behalf of the client. The change of subcontractors or the commissioning of further subcontractors is authorised under the conditions set out in Section 6.2 mentioned above.",[20,1401,459],{"id":1402},"_62-1",[25,1404,1405],{},"The contractor must select the subcontractor carefully and check before commissioning that the subcontractor can comply with the agreements made between the client and the contractor. In particular, the contractor shall check in advance and regularly during the term of the contract that the subcontractor has taken the technical and organisational measures required under Art. 32 GDPR to protect personal data. In the event of a planned change of subcontractor or the planned commissioning of a new subcontractor, the contractor shall inform the client in text form in good time, but no later than four weeks before the change or new commissioning (\"Information\"). The client shall have the right to object to the change or new commissioning of the subcontractor in text form within three weeks of receipt of the \"Information\", stating the reasons. The objection can be cancelled by the client in text form at any time. In the event of an objection, the contractor may terminate the contractual relationship with the Client with a notice period of at least 14 days to the end of a calendar month. The contractor shall take reasonable account of the client's interests when giving notice of termination. If the client does not object within three weeks of receipt of the \"information\", this shall be deemed to be the client’s consent to the change or reassignment of the subcontractor concerned.",[20,1407,466],{"id":1408},"_63-1",[25,1410,1411],{},"The contractor is obliged to obtain confirmation from the subcontractor that it has appointed a company data protection officer within the meaning of Art. 37 GDPR or to obtain confirmation from the subcontractor that it does not have to appoint a data protection officer in accordance with the statutory requirements. However, in the event that no data protection officer has been appointed by the subcontractor, the contractor must inform the client of this.",[20,1413,1415],{"id":1414},"_64","6.4",[25,1417,1418],{},"The contractor must ensure that the regulations agreed in this contract and any supplementary instructions from the client also apply to the subcontractors. The contractor shall regularly monitor compliance with these obligations.",[20,1420,1422],{"id":1421},"_65","6.5",[25,1424,1425],{},"The contractor shall conclude an order processing contract with the subcontractor that fulfils the requirements of Art. 28 GDPR. The client shall be provided with a copy of the order processing contract upon request.",[20,1427,1429],{"id":1428},"_66","6.6",[25,1431,1432],{},"In particular, the contractor is obliged to ensure by means of contractual provisions that the control authorisations of the Client and of supervisory authorities pursuant to Sections 5.1 to 5.3 and clause 5.6 shall also apply to the subcontractor and corresponding control rights of the client and supervisory authorities shall be agreed. It must also be contractually stipulated that the subcontractor must tolerate these control measures.",[20,1434,1436],{"id":1435},"_67","6.7",[25,1438,1439],{},"Subcontracting relationships within the meaning of Sections 6.1 to 6.5 are services that the contractor utilises from third parties as a purely ancillary service in order to carry out the business activity. These include, for example, cleaning services, pure telecommunication services without any specific reference to services provided by the contractor for the client, postal and courier services, transport services and security services. The contractor is nevertheless obliged to ensure that appropriate precautions and technical and organisational measures have been taken to guarantee the protection of personal data, even in the case of ancillary services provided by third parties.",[15,1441,1443],{"id":1442},"_7-commitment-to-confidentiality","7. Commitment to Confidentiality",[20,1445,500],{"id":1446},"_71-1",[25,1448,1449],{},"The contractor warrants that it is aware of the applicable data protection regulations and that it is familiar with their application. The contractor further warrants that it will familiarise the employees engaged in the performance of the work with the data protection provisions applicable to them and that they will comply with them in accordance with Section 7.2 to confidentiality.",[20,1451,507],{"id":1452},"_72-1",[25,1454,1455],{},"The contractor shall obligate all employees who provide services in connection with the client's order in writing to treat all data of the client, in particular the personal data processed for the client, confidentially. This obligation of the employees shall be proven to the client upon request.",[15,1457,1459],{"id":1458},"_8-safeguarding-the-rights-of-data-subjects-cooperation-of-the-contractor","8. Safeguarding the rights of data subjects, cooperation of the contractor",[20,1461,567],{"id":1462},"_81-1",[25,1464,1465],{},"The client is solely responsible for safeguarding the rights of the data subject.",[20,1467,588],{"id":1468},"_82-1",[25,1470,1471],{},"To the extent that the involvement of the contractor is necessary for the protection of the rights of the data subjects by the client, in particular with regard to access, rectification, blocking or erasure, the contractor shall take the necessary measures on the instructions of the client.",[20,1473,1475],{"id":1474},"_83","8.3",[25,1477,1478],{},"Any additional expenses incurred due to the obligation to cooperate in the fulfilment of claims for information, rectification or erasure shall be remunerated by the client based on time expenditure. The hourly rates to be applied for the remuneration shall correspond to those to be taken from the order on which the order processing is based.",[15,1480,1482],{"id":1481},"_9-confidentiality-obligations","9. Confidentiality obligations",[20,1484,599],{"id":1485},"_91-1",[25,1487,1488],{},"Both parties undertake to treat all information that they receive in connection with the execution of this order processing contract as confidential for an unlimited period of time and to use it only for the execution of the contract. Neither party is authorised to use this information in whole or in part for purposes other than those just mentioned or to make this information accessible to third parties.",[20,1490,628],{"id":1491},"_92-1",[25,1493,1494],{},"The above obligation shall not apply to information which one of the parties has demonstrably received from third parties without being obliged to maintain confidentiality or which is publicly known.",[15,1496,1498],{"id":1497},"_10-technical-and-organisational-measures-tom-for-data-security","10. Technical and organisational measures (TOM) for data security",[20,1500,664],{"id":1501},"_101-1",[25,1503,1504],{},"The contractor undertakes to the client to comply with the technical and organisational measures required to comply with the applicable data protection regulations.",[20,1506,671],{"id":1507},"_102-1",[25,1509,1510],{},"The status of the technical and organisational measures in place at the time the contract is concluded is attached to this contract as Annex 2.",[20,1512,1514],{"id":1513},"_103","10.3",[25,1516,1517],{},"The parties agree that changes to the technical and organisational measures may be necessary in order to adapt to technical and legal circumstances. The contractor shall coordinate any significant changes that may affect the integrity, confidentiality or availability of the personal data with the client in advance. Measures that inolve only entail minor technical or organisational changes and do not negatively affect the integrity, confidentiality and availability of the personal data may be implemented by the contractor without consultation with the client. The client may at any time request an updated version of the technical and organisational measures taken by the contractor.",[20,1519,1521],{"id":1520},"_104","10.4",[25,1523,1524],{},"The contractor shall check the effectiveness of the technical and organisational measures it has taken on a regular basis and also on an ad hoc basis. In the event that there is a need for optimisation and\u002For changes, the contractor shall inform the client.",[15,1526,1528],{"id":1527},"_11-conclusion-of-the-contract-duration-of-the-contract","11. Conclusion of the contract, duration of the contract",[20,1530,682],{"id":1531},"_111-1",[25,1533,1534],{},"This contract begins and ends with the commissioning of the contractor with the main service \"online betting platform\". Clause 11.2 remains unaffected by this.",[20,1536,689],{"id":1537},"_112-1",[25,1539,1540],{},"The client may terminate this contract at any time without notice if the contractor commits a serious breach of the applicable data protection regulations or of obligations under this contract, if the contractor is unable or unwilling to carry out an instruction from the client or if the contractor refuses access by the client or the competent supervisory authority in breach of the contract.",[15,1542,1544],{"id":1543},"_12-obligations-upon-termination","12. Obligations upon termination",[20,1546,728],{"id":1547},"_121-1",[25,1549,1550],{},"After termination of the contract, the contractor shall hand over to the client all documents, data and processing or utilisation results that have come into its possession in connection with the contractual relationship, insofar as the client requests this.",[20,1552,752],{"id":1553},"_122-1",[25,1555,1556],{},"The contractor must physically delete the data completely from all data carriers after the end of the order and destroy any documents containing personal data from the contractual relationship, unless there are other legal obligations that oblige the contractor to continue storing the data. The deletion of data must be documented in a suitable manner.",[20,1558,759],{"id":1559},"_123-1",[25,1561,1562],{},"The client has the right to check the complete and contractual return and deletion of the data at the contractor.",[15,1564,1566],{"id":1565},"_13-right-of-retention","13. Right of retention",[25,1568,1569],{},[1570,1571,1572],"u",{},"The parties agree that plea of retention by the contractor in the meaning of Section 273 German Civil Code (Bürgerliches Gesetzbuch, BGB) concerning the processed data and associated data carriers is excluded.",[15,1574,1576],{"id":1575},"_14-final-provisions","14. Final provisions",[20,1578,795],{"id":1579},"_141-1",[25,1581,1582],{},"The law and place of jurisdiction shall be in accordance with the General Terms and Conditions to which this order processing contract is annexed.",[20,1584,802],{"id":1585},"_142-1",[25,1587,1588],{},"If the client's property or data is endangered by measures taken by third parties (such as seizure or confiscation), insolvency proceedings or other events, the contractor shall inform the client immediately. The contractor shall inform the creditors without undue delay of the fact that the data is being processed on behalf of the Client.",[20,1590,1592],{"id":1591},"_143","14.3",[25,1594,1595],{},"Should any parts of this order processing contract be invalid, this shall not affect the validity of the remaining 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