hereinafter referred to as accompio SmarTec – the GTC shall apply to the respective contracting partner of accompio SmarTec.
The following General Terms and Conditions apply to all offers, services, and deliveries by our company to our customers who are entrepreneurs within the meaning of § 14 BGB (German Civil Code), legal entities under public law, and special funds under public law. These General Terms and Conditions do not apply to consumers within the meaning of § 13 BGB.
Deliveries, services and offers by accompio SmarTec shall be made exclusively on the basis of these terms and conditions. The customer's general terms and conditions are not recognised and are hereby objected to. Deviations from these terms and conditions are only effective if they are confirmed in writing by accompio SmarTec.
a) The customer is bound to the order signed by him for 14 days. The contract is concluded if accompio SmarTec either confirms the conclusion of the contract in writing by sending an order confirmation within the binding period or delivers the subject matter of the contract to the customer within the binding period (in this case it is sufficient that accompio SmarTec offers the subject matter of the contract to the customer for acceptance). If it has been agreed that the subject matter of the contract is to be collected by the customer, it is sufficient for the conclusion of the contract that the customer is notified by accompio SmarTec that the subject matter of the contract is ready for collection. If the customer is a merchant within the meaning of the German Commercial Code or a legal entity under public law, the customer shall be rebuttably presumed to have received the relevant order confirmation or to have been served the subject matter of the contract, provided that accompio SmarTec conclusively demonstrates with regard to time and place that it has sent the order confirmation or served the subject matter of the contract. The representative or the sales employees of accompio SmarTec are not authorised to make verbal collateral agreements that go beyond the content of the written contract and these General Terms and Conditions.
b) When acquiring a licence, the customer agrees that their company information (e.g. company name including legal form, street, postcode, town, country, contact person including email and telephone number) may be passed on by accompio SmarTec to the licence holder for licence registration, if explicitly required by the licence holder. accompio SmarTec adheres to the principle of data minimisation and will only pass on the information absolutely necessary for correct licensing.
a) Delivery dates and deadlines that are contractually agreed require written form. The written order confirmation is decisive for agreed fixed delivery dates.
b) Delivery and performance delays due to force majeure or due to events that make delivery by accompio SmarTec GmbH substantially more difficult or impossible – including, in particular, strikes, lockouts, pandemics, official orders, etc. – even if they occur with suppliers of accompio SmarTec GmbH or their sub-suppliers, accompio SmarTec GmbH shall not be held responsible, even with bindingly agreed deadlines and dates. They entitle accompio SmarTec GmbH to postpone the delivery or performance by the duration of the impediment plus a reasonable start-up period. If the impediment lasts longer than three months, the customer shall be entitled, after setting a reasonable grace period, to withdraw from the contract with regard to the part not yet fulfilled.
c) Die accompio SmarTec is entitled to make partial deliveries and perform partial services at any time, to the extent that this is reasonable for the customer and technically feasible.
d) In the event that the customer's economic situation deteriorates significantly after conclusion of the contract, or if it becomes apparent to accompio SmarTec after conclusion of the contract that the customer's claim to performance is jeopardised by their lack of ability to perform, accompio SmarTec shall be entitled to refuse performance and to change the agreed payment terms for further deliveries or services within the entire business relationship with the customer to advance payment, and to declare existing claims immediately due and payable, deviating from the individually agreed payment terms. A significant deterioration of the customer's economic situation shall be assumed in particular if and as long as a trade credit insurer predominantly or completely rejects cover protection for the customer's claims, or if the customer repeatedly defaults on payment of due invoices.
The risk of accidental loss or accidental deterioration of the goods passes to the customer at the latest upon handover to them. If the goods are shipped to a place other than the place of performance at the customer's request (distance sale), the risk of accidental loss or accidental deterioration of the goods, as well as the risk of delay, passes to the carrier, freight forwarder, or other shipping agent upon delivery of the goods. If acceptance has been agreed upon, this is the decisive point in time for the transfer of risk.
a) The prices stated in the order and order confirmation from accompio SmarTec GmbH, plus the respective statutory value-added tax, shall be decisive. Additional deliveries and services shall be charged separately unless otherwise agreed. The prices are exclusive of freight, shipping, and packaging costs, unless otherwise agreed.
b) accompio SmarTec GmbH will issue an invoice to the customer, which will be sent to them separately via email. accompio SmarTec GmbH delivers against advance payment, cash on delivery, or invoice. Advance payments will be taken into account when invoicing. For deliveries against invoice, all invoice amounts are due immediately, unless different payment terms are shown on the invoice.
c) In the event of late payment, the customer is obliged to pay default interest to accompio SmarTec at a rate of 9 percentage points above the base interest rate, unless accompio SmarTec can prove a higher interest rate.
d) The price is the current price quoted by accompio SmarTec at the time of the order. Should there be a significant change in the costs which are decisive for the price calculation, i.e. the costs, in particular licence costs of manufacturers, upstream suppliers, licence costs of third-party suppliers, energy costs, transport costs, wages owed under collective agreements, taxes and other duties, or exchange rate fluctuations, exchange regulations or changes in customs duties between the order and delivery/service beyond the control of accompio SmarTec, accompio SmarTec shall be entitled to adjust the agreed price accordingly at its reasonable discretion, taking due account of the interests of the customer and after timely notification of the customer. Any increases in one type of cost may only be used by accompio SmarTec for a price increase to the extent that they are not offset by any decreases in other types of costs. In the event of cost reductions, the costs shall be reduced insofar as these cost reductions are not fully or partially offset by increases in other areas. accompio SmarTec shall select the respective points in time of a price change in such a way that cost reductions are not taken into account according to more unfavourable standards for the customer than cost increases, so that cost reductions are effective at least to the same extent as cost increases. Insofar as deliveries/services are not provided by accompio SmarTec within the framework of a continuing obligation, accompio SmarTec shall be entitled to adjust prices for the first time four months after conclusion of the contract. In the event of a price increase of more than 10% per contract year, the customer has the option of cancelling the contract with a notice period of 14 days, unless the price adjustment was agreed at the time of ordering. In the event of cancellation of the contract by the customer, the previous prices shall continue to apply until the end of the contract. The provisions of Section 315 of the German Civil Code (BGB) remain unaffected, in particular the possibility of a judicial review of the fairness of the price adjustment in accordance with Section 315 (3) BGB.
e) accompio ist berechtigt, die Entgelte für Managed Services einmal jährlich zum 01. Januar um bis zu 5 % nach oben oder unten anzupassen, z.B. um gestiegene Kosten (insb. Personal und Infrastrukturkosten oder Preiserhöhungen von Herstellern oder Vorlieferanten) auszugleichen. Etwaige Steigerungen bei einer Kostenart dürfen von accompio nur in dem Umfang für eine Preiserhöhung herangezogen werden, in dem kein Ausgleich durch etwaige rückläufige Kosten in anderen Kostenarten erfolgt. Bei Kostensenkungen sind die Kosten zu ermäßigen, soweit diese Kostensenkung nicht durch Steigerungen in anderen Bereichen ganz oder teilweise ausgeglichen werden. accompio wird die jeweiligen Zeitpunkte einer Preisänderung so wählen, dass Kostensenkungen mindestens in gleichem Umfang preiswirksam werden wie Kostenerhöhungen. Die Anpassung erfolgt im Übrigen nach billigem Ermessen (§ 315 BGB). Entgelterhöhungen bei Verträgen, die vor weniger als 6 Monaten abgeschlossen wurden, sind ausgeschlossen.
The customer undertakes to support the activities of accompio SmarTec. In particular, the customer shall, free of charge, provide all conditions within their sphere of operation that are necessary for the proper execution of the order. These conditions include, but are not limited to, the customer ensuring that
The customer warrants that the reports, organisational plans, designs, drawings, statements, and calculations produced by accompio SmarTec within the scope of the contract shall be used solely for their own purposes.
If the customer does not provide the necessary co-operation, does not provide it in a timely manner, or does not provide it in the agreed manner, they shall bear the consequences arising therefrom (e.g. delays, additional expenditure).
The customer is obliged to carry out daily data backups. accompio SmarTec shall not be liable for damages resulting from the customer's failure to perform a daily data backup.
The customer's right to set off or withhold payment shall only exist if the counterclaims asserted by the customer arise from the same contractual relationship or have been legally established or are undisputed.
a) accompio SmarTec shall be fully liable for damages to life, body, and health resulting from a negligent or intentional breach of duty by accompio SmarTec, its legal representatives, or its vicarious agents, as well as for damages arising from data protection breaches and damages covered by liability under the Product Liability Act, and for damages resulting from intentional or grossly negligent breaches of duty, as well as malice or assumption of an independent warranty by accompio SmarTec.
In addition, accompio SmarTec shall be liable for damages caused by simple negligence, provided that this negligence concerns the breach of contractual obligations, the fulfilment of which enables the proper execution of the contract in the first place and on the observance of which the contractual partner regularly trusts and may trust (so-called cardinal obligations, such as the defect-free performance or delivery of the item). However, accompio SmarTec shall only be liable to the extent that the damages are typically associated with the contract and are foreseeable, limited to a maximum amount of €250,000 per claim or €500,000 per year.
accompio SmarTec shall not be liable for simple, negligent breaches of non-essential obligations. The limitations of liability contained in the preceding sentences shall also apply insofar as liability is concerned for the legal representatives, senior employees, and other vicarious agents of accompio SmarTec.
Any further liability is excluded, irrespective of the legal nature of the claim being made. To the extent that liability is excluded and limited by accompio SmarTec, this also applies to the personal liability of its employees, workers, collaborators, representatives, and vicarious agents.
b) The customer's claims for damages due to a defect shall become time-barred one year after delivery of the goods. The short limitation period shall not apply if gross negligence or wilful intent is attributable to accompio SmarTec, nor in the event of injury to life or limb caused by accompio SmarTec or in the event of liability under the Product Liability Act.
Copyright: The client may only use the results of all services (works) provided by accompio SmarTec for their own operational purposes. The client acquires a non-transferable right of use to the works of accompio SmarTec upon payment of the fee. The reproduction, distribution, exhibition, public performance, and adaptation of the works of accompio SmarTec are not permitted without the prior written consent of accompio SmarTec.
The contracting parties are obliged to treat confidentially all information made available to them by the other party under this agreement, as well as any knowledge they acquire during this collaboration regarding the other contracting party's affairs – whether technical, commercial, or organisational in nature. They shall not exploit or utilise such information, nor disclose it to third parties, during the term of and after the termination of this agreement, without the prior written consent of the party concerned. Any use of this information shall be restricted solely to its use in connection with the performance of the agreement.
These obligations remain binding on both contracting parties even after the termination of this agreement.
accompio SmarTec processes the personal data of the person acting on the customer's behalf to fulfil the contract and thus to fulfil all contractual and pre-contractual obligations.
The data collection and processing of data is necessary for the performance of the contract and is based on Art. 6(1)(b) GDPR. The data will be deleted as soon as they are no longer required for the purposes of the service, unless accompio SmarTec is obliged to retain them in accordance with Art. 6(1)(c) GDPR due to statutory retention or documentation obligations under tax or commercial law, or if the data subject has consented to longer data storage in accordance with Art. 6(1)(a) GDPR. Your personal data will not be transferred to third parties for reasons other than the performance of the contract.
The data subject is entitled to receive information about the personal data that accompio SmarTec keeps in accordance with Art. 15 GDPR. Furthermore, the data subject can at any time and without giving reasons inspect their data and, if necessary, request the correction pursuant to Art. 16 GDPR and/or the erasure pursuant to Art. 17 GDPR and/or the restriction of the processing of their personal data pursuant to Art. 18 GDPR. The data subject can also exercise their right to data portability pursuant to Art. 20 GDPR and/or their right to object pursuant to Art. 21 GDPR, and/or withdraw consent previously given for the use of your data at any time and without giving reasons. In addition, the data subject has the right to lodge a complaint with a supervisory authority pursuant to Art. 77 GDPR.
Further information on data protection can be found on the homepage www.accompio.com/privacy-policy/ available.
For questions regarding data protection, the data subject may contact accompio SmarTec.
The SmarTec accompanying package is ready to sign additional letters of commitment at the customer's request.
a) The place of performance for all deliveries and services is Grasbrunn near Munich, unless the customer proves that a different place of performance arises from special circumstances.
b) German law shall apply to these terms and conditions and to all legal relationships between accompio SmarTec GmbH and the customer, to the exclusion of the UN Convention on Contracts for the International Sale of Goods and the conflict of laws provisions of private international law. If the customer is a merchant within the meaning of the German Commercial Code (Handelsgesetzbuch), a legal entity under public law, or a special fund under public law, Munich shall be the exclusive place of jurisdiction for all disputes arising directly or indirectly from the contractual relationship. accompio SmarTec shall also be entitled to sue at the customer's registered office.
Where these terms and conditions stipulate the written form for the submission of declarations, compliance with the written form requirement is satisfied by the transmission of the declarations signed by the respective party in text form pursuant to Section 126b of the German Civil Code (BGB), i.e., for example, by fax, email, or in writing to the fax number, email address, or postal address communicated by the other party for these purposes.
a) The SmarTec equipment warrants the contractual item to be free from defects in accordance with the contractual specifications within a warranty period of 1 year from handover. Liability for normal wear and tear or improper handling by the customer is generally excluded.
b) The SmarTec accomplishment has the right to choose whether subsequent performance shall be effected by rectifying the defect or by replacement delivery.
d) If subsequent performance is effected by rectifying defects, accompio SmarTec may require, at its discretion, that
aa) the defective contractual item is sent to accompio SmarTec for repair and subsequent return;
ab) the customer makes the defective contract item available and a service technician is dispatched to the customer to carry out the repair. If the customer requests that warranty work be carried out at a location other than the customer's business premises, accompio SmarTec may comply with this request, with the travel time and travel costs incurred being paid separately by the customer according to accompio SmarTec's standard rates.
e) If two attempts at subsequent performance do not lead to success within a reasonable period, the subsequent performance is deemed to have failed. The buyer then has the rights provided by law for this scenario. The right of withdrawal is excluded if there is only a minor defect. A defect is generally considered minor if the usability of the goods is not impaired.
f) If the operating or maintenance instructions from accompio SmarTec or the respective manufacturer are not followed, if modifications are made to the products, if parts are replaced or if consumables are used that do not conform to the original specifications, then the warranty for defects resulting from the aforementioned circumstances shall be forfeited.
g) The customer must notify accompio SmarTec in writing of any defects immediately, but at the latest within one week of receipt of the contract object. Defects that cannot be discovered within this period, even with careful examination, must be notified to accompio SmarTec in writing immediately, i.e. within one week of discovery. A breach of this obligation to inspect and report immediately will result in the exclusion of warranty in accordance with Section 377 of the German Commercial Code (HGB).
a) Until all claims, which have arisen or will arise for any legal reason against the customer by accompio SmarTec, have been settled, ownership of the contractual object remains with accompio SmarTec.
b) The customer is not permitted to assign, pledge, or transfer title the subject matter of the contract as security. The customer hereby assigns to accompio SmarTec any claims arising from an unauthorised resale, unauthorised pledge, unauthorised transfer of title as security, or any other legal ground (insurance, tort) concerning the reserved goods, up to the value of the goods.
c) In the event of third-party access to the reserved goods, the customer shall point out accompio SmarTec's ownership thereof and immediately notify accompio SmarTec, stating the full address of the third party.
d) In the event of default, cessation of payments, application for or opening of insolvency proceedings, as well as the non-honouring of a cheque or bill of exchange handed over, the secured event shall occur, entitling accompio SmarTec GmbH to immediate repossession of the contractual item.
The minimum rental period is 12 months, unless otherwise agreed upon at the time of order, and begins upon handover or dispatch of the goods. The rental period is automatically extended by a further 12 months if it is not terminated by either party with three months' notice before the end of the respective minimum or extended term.
The parties' right to terminate the agreement without notice for good cause remains unaffected. Accompiio SmarTec has the right to terminate without notice if a) the customer defaults on payment of the fee in the amount of two monthly payments or has defaulted on such an amount over several payment dates; b) insolvency proceedings are opened against the customer's assets or the opening is refused due to insufficient assets; c) the customer breaches their duty of care towards the rented property or causes wilful or grossly negligent damage to the rented property.
For any termination to be effective, it must be in writing. Termination by email satisfies the written form requirement.
For the deliveries and services forming the subject matter of the contract, the customer shall pay a monthly remuneration, the amount of which shall be determined by the respective individual agreement. Unless otherwise agreed, the agreed rental fee shall be paid monthly in advance.
The tenant is obliged to check the hardware for completeness and functionality immediately upon handover.
Recognisable defects must be recorded in writing in the handover protocol immediately. If the tenant fails to report them, the hardware shall be deemed to have been accepted in perfect condition.
The rented item may only be used at the agreed location and for the contractually intended purpose. Transport abroad is only permitted with the prior written consent of accompio SmarTec.
Subletting or assigning to a third party is prohibited without the prior written consent of accompio SmarTec.
The tenant shall bear the ongoing operating costs and costs for consumables.
The tenant is obliged to treat the rented property with care and to protect it from overuse and unauthorised interference.
Necessary repairs arising from improper handling by the tenant will be invoiced to the tenant separately.
The customer must report any rental defects in writing, providing the information necessary for defect detection and cause. In particular, the work steps that led to the defect, its manifestation, and its effects must be stated.
Defects will be rectified within the agreed service hours by means of free remedial work or repair of the rented property. Accompcio SmarTec may replace the rented property or individual components of the rented property for the purpose of rectifying defects.
Insignificant defects are disregarded. Where there is only an insignificant impairment of the suitability for contractual use, there are no claims for defects in the rented property.
The customer's warranty rights shall not apply if defects are caused by the hardware or software of other manufacturers. Likewise, accompio SmarTec shall not be liable for errors caused by the customer, its employees, vicarious agents or other third parties.
have been caused.
Accompcio SmarTec's strict liability for material defects existing at the time of contract conclusion (§ 536a(1) BGB) is excluded.
SmarTec is only liable for intent and gross negligence. Liability for simple negligence is limited to the contractually typical, foreseeable damage, provided that essential contractual obligations have not been breached. Otherwise, Section I.8a) of these GTCs shall apply accordingly.
The customer bears sole responsibility for ensuring that up-to-date data backups are performed and that timely and economically viable recovery of lost data is guaranteed. In particular, prior to the commencement of repair and maintenance measures, they must perform a data backup.
The tenant is obliged to adequately insure the rented property against theft, fire and water damage.
In the event of attachments or other third-party interventions, the tenant must inform accompio SmarTec immediately.
The customer may only make alterations to the rented property after prior consultation with accompio SmarTec. This also applies to the expansion or replacement of storage devices or other components, the connection or networking with other components or computers, or alterations to or changes of the system software.
Upon expiry of the rental period, the hardware must be returned in its original condition, taking into account normal wear and tear. At our request, the customer shall restore the original condition. The original condition expressly includes resetting or disclosing all hardware passwords, if they have been individually set. The customer must ensure that all their own data is irrecoverably deleted before returning the hardware. The tenant shall bear the costs for dismantling, packaging, and return transport.
As of: 03.03.2026
accompio SmarTec GmbH
Werner-von-Siemens-Ring 12
Technopark II
85630 Grasbrunn near Munich
