{"id":51953,"date":"2026-03-13T16:20:03","date_gmt":"2026-03-13T15:20:03","guid":{"rendered":"https:\/\/www.accompio.com\/?page_id=51953"},"modified":"2026-05-13T13:56:48","modified_gmt":"2026-05-13T11:56:48","slug":"agb-smart-tech","status":"publish","type":"page","link":"https:\/\/www.accompio.com\/en\/agb-smartec\/","title":{"rendered":"General Terms and Conditions of accompio SmarTec GmbH"},"content":{"rendered":"<section class=\"bde-section-51953-100 bde-section is-dark-section\" data-theme=\"dark\">\n              \n  \n  \n\t\n\n\n\n<div class=\"section-container\"><div class=\"bde-div-51953-101 bde-div\">\n  \n  \n\t\n\n\n\n<div class=\"bde-text-51953-102 bde-text\">\nGTC\n<\/div><h1 class=\"bde-heading-51953-103 bde-heading\">\nGeneral Terms and Conditions of accompio SmarTec GmbH\n<\/h1>\n<\/div><\/div>\n<\/section><section class=\"bde-section-51953-128 bde-section\">\n  \n  \n\t\n\n\n\n<div class=\"section-container\"><div class=\"bde-rich-text-51953-129 bde-rich-text breakdance-rich-text-styles\">\n<h2 class=\"wp-block-heading\">I. General Terms and Conditions<\/h2><p>hereinafter referred to as accompio SmarTec \u2013 the GTC shall apply to the respective contracting partner of accompio SmarTec.<\/p><h2>1. Validity of the condition<\/h2><p>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 \u00a7 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 \u00a7 13 BGB.<\/p><p>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.<\/p><h2>2. conclusion of contract<\/h2><p><strong>a) <\/strong>The customer is bound by the order they have signed for 14 days. The contract is concluded when accompio SmarTec confirms the conclusion of the contract in writing by sending an order confirmation or delivers the contract item to the customer within the binding period (it is sufficient if accompio SmarTec offers the contract item to the customer for acceptance). If it is agreed that the contract item is to be collected by the customer, notification by accompio SmarTec that the contract item is ready for collection is sufficient for the conclusion of the contract. If the customer is a commercial trader within the meaning of the German Commercial Code or a legal entity under public law, it is rebuttably presumed in each case that the relevant order confirmation has been received or the contract item has been offered, provided that accompio SmarTec conclusively states the time and place at which the order confirmation was sent or the contract item was offered. The representative or sales staff of accompio SmarTec are not authorised to make oral collateral agreements that go beyond the content of the written contract and these General Terms and Conditions.<\/p><p><strong>b) <\/strong>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 to the licence holder by accompio SmarTec for licence registration, if expressly requested by the licence holder. accompio SmarTec adheres to the principle of data minimisation and will only pass on the information that is absolutely necessary for correct licensing.<\/p><h2>3. Delivery and performance times and deterioration of performance at the customer's premises<\/h2><p><strong>a) <\/strong>Delivery dates and deadlines that are contractually agreed must be in writing. The written order confirmation is decisive for agreed fixed delivery dates.<\/p><p><strong>b) <\/strong>Delays in delivery and performance due to force majeure or events that make delivery by accompio SmarTec GmbH substantially more difficult or impossible \u2013 this includes, in particular, strikes, lockouts, pandemics, official orders, etc. \u2013 even if they occur with suppliers of accompio SmarTec GmbH or their subcontractors, are not the responsibility of accompio SmarTec GmbH, 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 is entitled to withdraw from the contract with regard to the part not yet fulfilled, after setting a reasonable grace period.<\/p><p><strong>c) <\/strong>The SmarTec accompanying service is, to the extent technically feasible, at any time entitled to make partial deliveries and provide partial services, insofar as this is reasonable for the customer.<\/p><p><strong>d) <\/strong>In the event that the customer's economic situation deteriorates significantly after the conclusion of the contract, or if it becomes apparent to accompio SmarTec after the conclusion of the contract that the customer's claim for 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 payment in advance, and to make 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 insofar and as long as a trade credit insurer primarily or completely rejects coverage for the customer's claims, or if the customer repeatedly defaults on payment of due invoices.<\/p><h2>4. Transfer of Risk<\/h2><p>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.<\/p><h2>5. Prices and Payment Terms<\/h2><p><strong>a) <\/strong>The prices stated in the order and in the order confirmation from accompio SmarTec GmbH, plus the respective statutory value added tax, shall be decisive. Unless otherwise agreed, additional deliveries and services will be charged separately. Unless otherwise agreed, the prices are exclusive of freight, shipping, and packaging costs.<\/p><p><strong>b) <\/strong>The accompio SmarTec GmbH issues the customer with an invoice, which they will receive separately via email. The 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 stated on the invoice.<\/p><p><strong>c) <\/strong>In case of default in payment, the customer is obliged to pay default interest at a rate of 9 percentage points above the base interest rate to accompio SmarTec, unless accompio SmarTec can prove a higher interest rate.<\/p><p><strong>d) <\/strong>The price is the current price quoted by accompio SmarTec at the time of the order. Should, between the time of ordering and delivery\/performance, a significant change occur in the costs relevant to the price calculation \u2013 i.e. costs such as, in particular, licence fees from manufacturers, upstream suppliers and third-party providers, energy costs, transport costs, collectively agreed wages, taxes and other duties \u2013 or should exchange rate fluctuations, exchange regulations or changes to customs duties, then accompio SmarTec shall be entitled, at its reasonable discretion, to adjust the agreed price accordingly, taking due account of the customer\u2019s interests and following timely notification to the customer. Any increases in a particular cost category may only be used by accompio SmarTec to justify a price increase to the extent that such increases are not offset by any reductions in costs in other cost categories. In the event of cost reductions, the costs shall be reduced to the extent that such cost reductions are not wholly or partially offset by increases in other areas. accompio SmarTec shall select the respective dates for a price change in such a way that cost reductions are not taken into account on terms less favourable to the customer than cost increases, so that cost reductions have at least the same impact on prices as cost increases. Insofar as deliveries\/services provided by accompio SmarTec are not provided within the framework of a continuing obligation, accompio SmarTec shall be entitled to adjust prices for the first time four months after the conclusion of the contract. In the event of a price increase of more than 10% per contract year, the customer shall be entitled to terminate the contract with 14 days\u2019 notice, unless the price adjustment was agreed at the time of ordering. In the event of termination 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 judicial review of the fairness of the price adjustment pursuant to Section 315(3) BGB.<\/p><p><strong>e) <\/strong>accompio is entitled to adjust the fees for Managed Services once a year on 1 January by up to 5% upwards or downwards, e.g. to offset increased costs (in particular personnel and infrastructure costs or price increases by manufacturers or suppliers). Any increases in a particular cost category may only be used by accompio to justify a price increase to the extent that they are not offset by any reductions in costs in other cost categories. In the event of cost reductions, the fees shall be reduced to the extent that such cost reductions are not wholly or partially offset by increases in other areas. accompio shall select the respective dates for price changes in such a way that cost reductions are reflected in prices to at least the same extent as cost increases. The adjustment shall otherwise be made at the company\u2019s reasonable discretion (Section 315 of the German Civil Code (BGB)). Price increases for contracts concluded less than 6 months ago are excluded.<\/p><h2>6. Customer's Duty to Cooperate and Obligations<\/h2><p>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<\/p><ul><li>ensures that sufficient workspaces, including all necessary work equipment as required, are available for accompio SmarTec employees,<\/li><li>nominates a contact person (in the sense of a coordinator, project manager, or similar) who is available to the employees of accompio SmarTec during the agreed working hours. The contact person is authorised to make declarations that are necessary as interim decisions in the context of the continuation of the contract,<\/li><li>ensures that accompio SmarTec employees always have access to the information necessary for their activities and provides them with all the required documents in a timely manner,<\/li><li>in the event of programming work, provides computing times (incl. operation), test data, and data acquisition capacities in good time and to a sufficient extent,<\/li><li>its employees entrusted with the application of accompio SmarTec products sufficiently.<\/li><\/ul><p>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.<\/p><p>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).<\/p><p>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.<\/p><h2>7. Set-off \/ Right of Retention<\/h2><p>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.<\/p><h2>8. Limitation of Liability<\/h2><p><strong>a) <\/strong>accompio SmarTec shall be liable without limitation for damage to life, limb and health resulting from negligent or intentional breach of duty by accompio SmarTec, its legal representatives or its vicarious agents, as well as for damage due to data protection breaches and damage covered by liability under the Product Liability Act, as well as for damage resulting from intentional or grossly negligent breaches of duty as well as malice or assumption of an independent guarantee by accompio SmarTec.<\/p><p>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 \u20ac250,000 per claim or \u20ac500,000 per year.<\/p><p>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.<\/p><p>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.<\/p><p><strong>b) <\/strong>Customer claims for damages due to a defect shall become time-barred one year after the delivery of the goods. The short limitation period shall not apply in cases of gross negligence or wilful misconduct on the part of accompio SmarTec, nor in the event of injury or death to persons caused by accompio SmarTec, nor in the event of liability under the Product Liability Act.<\/p><h2>9. Use of Work Results<\/h2><p>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.<\/p><h2>10. Confidentiality and Data Protection<\/h2><p>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 \u2013 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.<\/p><p>These obligations remain binding on both contracting parties even after the termination of this agreement.<\/p><p>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.<\/p><p>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.<\/p><p>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.<\/p><p>Further information on data protection is available on the homepage www.accompio.com\/datenschutzerklaerung\/.<\/p><p>For questions regarding data protection, the data subject may contact accompio SmarTec.<\/p><p>The SmarTec accompanying package is ready to sign additional letters of commitment at the customer's request.<\/p><h2>11. Place of performance, applicable law, place of jurisdiction, written and text form<\/h2><p><strong>a) <\/strong>For all deliveries and services, the place of performance is Grasbrunn near Munich, unless the customer proves that special circumstances result in a different place of performance.<\/p><p><strong>b) <\/strong>For these terms and conditions and for the entire legal relationship between accompio SmarTec GmbH and the customer, 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 and the conflict of laws provisions of private international law. Insofar as the customer is a registered merchant within the meaning of the German Commercial Code, 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 is also entitled to sue at the customer's place of business.<\/p><p>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.<\/p><h2 class=\"wp-block-heading\">II. Specific provisions for purchase agreements<\/h2><h2>1. Guarantee<\/h2><p><strong>a) <\/strong>The SmarTec accompanying equipment ensures the contractual item is 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.<\/p><p><strong>b) <\/strong>The SmarTec accoutrement has the option of whether the remedial action should be carried out by rectifying the defect or by replacement delivery.<\/p><p><strong>d) <\/strong>In the event of subsequent performance through rectification of defects, accompio SmarTec may demand, at its discretion, that<\/p><p style=\"padding-left: 40px;\"><strong>aa) <\/strong>the defective contract item is sent to accompio SmarTec for repair and subsequent return;<\/p><p style=\"padding-left: 40px;\"><strong>ab) <\/strong>the customer makes the defective contractual item available and a service technician is sent 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.<\/p><p><strong>e) <\/strong>If two attempts at subsequent performance do not prove successful within a reasonable period, the subsequent performance is considered to have failed. The buyer is then entitled to their statutory rights provided for in this situation. The right of rescission is excluded if there is only a minor defect. A minor defect is particularly present if the usability of the goods is not impaired.<\/p><p><strong>f) <\/strong>If operating or maintenance instructions from accompio SmarTec or the respective manufacturer are not followed, if changes are made to the products, parts are replaced, or consumables are used that do not comply with the original specifications, then the warranty for defects arising from the aforementioned circumstances shall expire.<\/p><p><strong>g) <\/strong>The customer must notify accompio SmarTec of any defects in writing without delay, but no later than one week after receipt of the contractual object. Defects which cannot be discovered even with careful examination within this period must be notified to accompio SmarTec in writing without delay, i.e. within one week of discovery. A breach of this obligation to inspect and report immediately shall result in the exclusion of warranty claims pursuant to \u00a7 377 of the German Commercial Code (HGB).<\/p><h2>2. Special provisions for purchase contracts: Retention of title<\/h2><p><strong>a) <\/strong>Ownership of the contractual object shall remain with accompio SmarTec until all claims arising from any legal ground that accompio SmarTec has or may have against the customer are settled.<\/p><p><strong>b) <\/strong>The assignment, pledging or conditional transfer of the contract object by the customer is not permitted. Claims arising from an unauthorised resale, an unauthorised pledge or an unauthorised conditional transfer or from any other legal ground (insurance, unlawful act) of the reserved goods are hereby assigned by the customer to accompio SmarTec up to the amount of the goods' value.<\/p><p><strong>c) <\/strong>Upon third-party access to the reserved goods, the customer shall point out the ownership of accompio SmarTec and notify them thereof immediately, providing the full address of the third party.<\/p><p><strong>d) <\/strong>In the event of default, cessation of payments, the filing for or opening of insolvency proceedings, or the non-honouring of a submitted cheque or bill of exchange, the security event shall occur, which entitles accompio SmarTec GmbH to immediately repossess the contract object.<\/p><h2 class=\"wp-block-heading\">III. Special provisions for rental agreements<\/h2><h2>1. Rental period and payment terms<\/h2><p>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.<\/p><p>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.<\/p><p>For any termination to be effective, it must be in writing. Termination by email satisfies the written form requirement.<\/p><p>For the contractually agreed deliveries and services, the customer shall pay a monthly remuneration, the amount of which is determined by the respective individual contract. The agreed rent shall be paid monthly in advance, unless otherwise agreed.<\/p><h2>2. Delivery and duty to inspect<\/h2><p>The tenant is obliged to check the hardware for completeness and functionality immediately upon handover.<\/p><p>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.<\/p><h2>3. Use and Subletting<\/h2><p>The rented item may only be used at the agreed location and for the contractually intended purpose. Removal abroad is only permitted with prior written consent from accompio SmarTec.<\/p><p>Subletting or assigning to a third party is prohibited without the prior written consent of accompio SmarTec.<\/p><h2>4. Maintenance and repairs<\/h2><p>The tenant shall bear the ongoing operating costs and the costs of consumables.<\/p><p>The tenant is obliged to treat the rented property with care and to protect it from overuse and unauthorised interference.<\/p><p>Necessary repairs arising from improper handling by the tenant will be invoiced to the tenant separately.<\/p><h2>5. Landlord's Warranty and Liability<\/h2><p>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.<\/p><p>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.<\/p><p>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.<\/p><p>The customer's warranty rights shall cease to apply insofar as defects are caused by hardware or software from other manufacturers. Likewise, accompio SmarTec shall not be liable for errors caused by the customer, its employees, vicarious agents or any other third parties.<\/p><p>Accompcio SmarTec's liability irrespective of fault for material defects existing at the time of contract conclusion (\u00a7 536a (1) of the German Civil Code (BGB)) is excluded.<\/p><p>accompagnant SmarTec shall only be liable for intent and gross negligence. Liability for simple negligence shall be limited to the contractually typical, foreseeable damage, provided that essential contractual obligations have not been breached. Otherwise, Section I.8a) of these GTC shall apply accordingly.<\/p><p>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.<\/p><h2>6. Insurance and Security<\/h2><p>The tenant is obliged to adequately insure the rented property against theft, fire, and water damage.<\/p><p>In the event of attachments or other third-party interventions, the tenant must inform accompio SmarTec immediately.<\/p><h2>7. Amendments and return of the rented property<\/h2><p>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.<\/p><p>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.<\/p><h2>IV. Special provisions for IT Works 360 Services<\/h2><p><em>The following regulations supplement and specify the GTC of accompio SmarTec GmbH for contracts within the framework of the IT Works 360 portfolio. In the event of contradictions between these special provisions and the other parts of these GTC, the regulations in this Section IV shall take precedence.<\/em><\/p><h2>1. Minimum purchase of User Packages and Company-Level<\/h2><ul><li>The company undertakes to accept the chosen services in full.<\/li><li>Up to 20% of the total number of user packages may be cancelled during the term.<\/li><li>If more than 20 % are cancelled, accompio reserves the right to renegotiate prices and terms.<\/li><li>Company-level services represent the agreed minimum purchase quantity.<\/li><\/ul><h2>2. Additional User Packages<\/h2><ul><li>Additional user packages can be ordered at any time for new users.<\/li><li>Reorders are possible with lead times of 12, 24, or 36 months.<\/li><li>The ordering of additional packages does not extend the term of the basic contract.<\/li><li>Additional packages may have a longer term than the remaining term of the main contract.<\/li><\/ul><h2>3. On-Boarding<\/h2><ul><li>accompio configures ordered software solutions, user profiles, email accounts and permissions on the devices.<\/li><li>The initial order includes the equipment selected in the quote for user and, if applicable, company-level.<\/li><\/ul><h2>4. Off-Boarding<\/h2><ul><li>Companies must inform accompio of a user's off-boarding at least 14 days before the end of the month.<\/li><li>The user will be removed from all devices; permissions for shared mailboxes and SharePoint will be revoked.<\/li><li>The user's mailbox will continue as a shared mailbox for 3 months (free of charge, outside of the shared mailbox quota).<\/li><\/ul><h2>5. Exchange of defective devices<\/h2><ul><li>accompio exchanges defective laptops, monitors, mobile phones, and tablets for equivalent devices free of charge within the warranty period.<\/li><li>Exchange takes place within a maximum of 2 working days from the report's arrival via the ticket system.<\/li><li>Laptops come with an extended manufacturer's warranty of 24 or 36 months; mobile phones and tablets have an extended warranty for the contract duration.<\/li><li>Costs may be passed on to the customer if no actual defect is found or if misuse\/damage is identified.<\/li><li>Equivalent new devices at the same price can be used as replacements (e.g. MacBook Air M3 versus M4).<\/li><li>Peripherals (keyboard, mouse, headset, camera) will be replaced free of charge, regardless of the contract duration.<\/li><li>Every exchange is subject to review by accompio.<\/li><li>All claims for damages by accompio against the customer due to wilful damage or improper handling of devices remain reserved in all cases.<\/li><\/ul><h2>6. Property<\/h2><ul><li>All provided equipment remains the property of accompio SmarTec at all times.<\/li><li>The devices are rented out to the contractual partner at the agreed monthly prices.<\/li><\/ul><h2>7. Runtime (IT Works 360-specific)<\/h2><ul><li>Standard minimum term: 36 months, starting on the first day of the month following the conclusion of the contract.<\/li><li>Automatic renewal for 12 months unless cancelled in writing 3 months before expiry.<\/li><li>Exceptional termination rights for good cause remain unaffected.<\/li><li>Note: The General Terms and Conditions contain general duration provisions; this section specifies these for IT Works 360.<\/li><\/ul><h2>8. Data Protection &amp; Information Security<\/h2><ul><li>The parties shall conclude a data processing agreement in accordance with Article 28 of the GDPR, including technical and organisational measures.<\/li><li>Data processing takes place exclusively in Germany\/EU.<\/li><li>Subcontracting relationships possible according to the list of sub-processors. Standard audit rights according to the Data Processing Agreement.<\/li><li>accompio operates an ISMS in accordance with ISO\/IEC 27001; evidence can be provided upon request.<\/li><\/ul><h2>9. Service Hours &amp; SLA Clarification<\/h2><ul><li>Opening hours: Mon\u2013Fri, 08:00\u201318:00 (CET), excluding public holidays at accompio's registered office and 24.12. and 31.12.<\/li><li>Agreed response times (SLAs) run exclusively within these service hours.<\/li><li>Example: With a 4-hour SLA and notification received on Friday at 15:00, the deadline is Monday at 09:00.<\/li><li>Reaction time = Time between fault report and first qualified response by a technician \u2013 not resolution time.<\/li><\/ul><h2>10. Returns and Data Erasure<\/h2><ul><li>Upon termination of the contract, all devices (including accessories, power supply, original packaging if available) must be returned or made available within 5 working days at the customer's expense and risk.<\/li><li>Normal signs of wear and tear do not constitute a defect; excessive wear, damage or loss shall be borne by the customer.<\/li><li>Upon receipt,accompio performs a complete data deletion (wiping); data recovery afterwards is impossible.<\/li><li>The customer shall secure all relevant data before returning it. accompio shall not be liable for data loss if data backup is not performed.<\/li><li>If not returned on time, accompio will continue to charge the monthly rent; further claims for damages remain reserved.<\/li><\/ul><h2>11. Third-party Software &amp; Licence Compliance<\/h2><ul><li>For software provided by the customer (third-party software), the customer assures that all necessary licences are in place.<\/li><li>The customer indemnifies accompio against third-party claims arising from missing or inadequate licensing (including legal defence costs).<\/li><li>The supplier is only obliged to install third-party software correctly; no warranty for the functionality of the third-party software itself.<\/li><\/ul><h2>12. Effectiveness<\/h2><ul><li>The order confirmation becomes binding as soon as accompio begins to fulfil the service and the prices have been fixed.<\/li><\/ul><h2>13. Liability (specific to IT Works 360)<\/h2><ul><li>accompio is liable without limitation for damage to life, body or health, as well as for wilful intent and gross negligence, and in cases of statutory product liability or breach of warranty.<\/li><li>Furthermore, in cases of ordinary negligence, accompio shall only be liable for breaches of material contractual obligations (cardinal obligations), and such liability shall be limited to a maximum of 100% of the relevant annual remuneration per claim.<\/li><\/ul><p>In the event of data loss, accompio shall only be liable for the costs of recovery if the customer has carried out proper data backups \u2013 unless backup is explicitly part of the contracted service.<\/p><p><strong>Date: 12.05.2026<\/strong><\/p><p>accompio SmarTec GmbH<br \/>Werner-von-Siemens-Ring 12<br \/>Technopark II<br \/>85630 Grasbrunn near Munich<\/p><p><a href=\"tel:+49%2089%201894162-0\">+49 89 1894162-0<\/a><br \/><a href=\"mailto:info@mid.accompio.com\">info@mid.accompio.com<\/a><br \/><a href=\"https:\/\/www.accompio.com\/en\/\">www.accompio.com<\/a><\/p>\n<\/div><\/div>\n<\/section>","protected":false},"excerpt":{"rendered":"<p>AGB AGB der accompio SmarTec GmbH I.\u00a0Allgemeine Gesch\u00e4ftsbedingungennachfolgend accompio SmarTec genannt \u2013 die AGB gelten f\u00fcr den jeweiligen Vertragspartner aus der accompio SmarTec.1. Geltung der BedingungDie nachfolgenden AGB gelten f\u00fcr alle Angebote, Leistungen und Lieferungen unseres Unternehmens und unseren Kunden, die Unternehmer im Sinne von \u00a7 14 BGB, juristische Personen des \u00f6ffentlichen Rechts und \u00f6ffentlich-rechtlichen [&hellip;]<\/p>\n","protected":false},"author":2,"featured_media":0,"parent":0,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_acf_changed":false,"content-type":"","_breakdance_hide_in_design_set":false,"_breakdance_tags":"","footnotes":""},"service-kategorie":[],"class_list":["post-51953","page","type-page","status-publish","hentry"],"acf":[],"yoast_head":"<!-- This site is optimized with the Yoast SEO Premium plugin v28.3 (Yoast SEO v28.3) - https:\/\/yoast.com\/product\/yoast-seo-premium-wordpress\/ -->\n<title>AGB der accompio SmarTec GmbH - accompio IT-Services<\/title>\n<meta name=\"robots\" content=\"index, follow, max-snippet:-1, max-image-preview:large, max-video-preview:-1\" \/>\n<link rel=\"canonical\" href=\"https:\/\/www.accompio.com\/en\/agb-smart-tech\/\" \/>\n<meta property=\"og:locale\" content=\"en_GB\" \/>\n<meta property=\"og:type\" content=\"article\" \/>\n<meta property=\"og:title\" content=\"AGB der accompio SmarTec GmbH\" \/>\n<meta property=\"og:description\" content=\"AGB AGB der accompio SmarTec GmbH I.\u00a0Allgemeine Gesch\u00e4ftsbedingungennachfolgend accompio SmarTec genannt \u2013 die AGB gelten f\u00fcr den jeweiligen Vertragspartner aus der accompio SmarTec.1. 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