This legal text is only an online interpretation. Only the German original legal text is valid!
Right of Withdrawal
You are ordering programmed code that replicates your forms! This is a custom-made product; therefore, there is no right of withdrawal.
Your trusted web administrator can integrate the code into a new page within 10 minutes and print out a QR code linking to the new form for your reception desk.
The license applies to a single website only!
You can integrate the online form into any website or website builder, provided the system allows for code integration. Medical histories are recorded in a structured, straightforward manner via computer or mobile phone, eliminating legibility issues caused by handwriting. All legal notices are displayed and must be selected individually to ensure explicit consent!
Naturally, we also offer a full-service option! We handle the installation and integration of the form into your website, perform testing, and provide you with a QR code linking to the form, which you can make available for patients to scan at your practice. Administrative access to your web space or hosting provider is required for this service.
For your security, we recommend deleting the access credentials or changing the provided password once the work has been completed and approved.
General Terms and Conditions for the Code Package and Related Services
1 Scope of Application
1.1 Scope: These General Terms and Conditions (GTC) govern the delivery, installation, customization, maintenance, and use of the code package supplied by ITSSCT, as well as related services, between the provider/service provider and the client (practice/clinic). 1.2 Precedence: Deviating or supplementary terms and conditions of the client shall only be effective if agreed upon in writing.
2 Subject Matter and Purpose of the Contract
2.1 Subject Matter: Provision and technical implementation of the patient data collection form, including source and/or object code, documentation, configurations, updates, and accompanying services. 2.2 Purpose: Enabling the technical execution of the project while safeguarding trade secrets, copyrights, and obligations under data protection law.
3 Definitions
3.1 Confidential Information: All non-public information, in particular source code, configurations, technical documentation, system access credentials, business and licensing terms, test data, and patient data. 3.2 Patient Data: Personal data within the meaning of the GDPR that is processed within the scope of the project.
4 Confidentiality and Protection Obligations
4.1 Non-Disclosure: The contracting party undertakes to treat confidential information as strictly confidential and to use it exclusively for the performance of this contract. 4.2 Protective Measures: The service provider shall implement appropriate technical and organizational measures to protect confidential information and patient data. 4.3 Duration: The confidentiality obligation applies for the duration of the project and for 5 years following its termination; regarding patient data, the obligation applies indefinitely, to the extent permitted by law.
5 Usage Rights and License Terms
5.1 Grant of License: The provider grants the client a non-exclusive, non-transferable right of use, limited in time and scope to the purpose of the contract. 5.2 Source Code: The source code shall only be handed over upon separate agreement. Standard delivery consists of object code. 5.3 Restrictions on Use: Neither the Customer nor the Service Provider may pass on, sublicense, rent out, sell, or otherwise commercially exploit the code, whether in its original or modified form. Copyright notices must remain unaltered. 5.4 Incorporation of General Terms and Conditions: The “General Terms and Conditions of Business & Licensing for Code Packages” form part of the contract and must be adhered to by the Service Provider.
6 Subcontractors
6.1 Consent: Confidential information may only be disclosed to subcontractors with the prior written consent of the Client. 6.2 Equivalent Obligation: The Service Provider shall ensure that subcontractors enter into a confidentiality agreement that is at least equivalent to these requirements. The Service Provider remains fully liable to the Client.
7 Data Protection and Data Processing
7.1 GDPR Compliance: The parties undertake to comply with data protection regulations. 7.2 Data Processing Agreement (DPA): To the extent that personal data is processed, a separate data processing agreement must be concluded in the form required by law. 7.3 Support: The Service Provider shall provide support in fulfilling the rights of data subjects and shall notify the Client without undue delay of any data protection incidents.
8 Exceptions to Confidentiality
8.1 Exceptions: Information shall not be considered confidential if it was demonstrably already known, becomes generally known without a breach of contract, is lawfully obtained from third parties, or must be disclosed due to a legal obligation. Any legally mandated disclosures must be communicated without undue delay. 9 Contractual Penalty and Damages
9.1 Contractual Penalty: In the event of intentional or negligent violations of the usage restrictions or the obligations regarding confidentiality and disclosure, the Customer and any service provider engaged by them undertake to pay a liquidated contractual penalty in the amount of EUR 100,000. 9.2 Set-off and Due Date: Further claims for damages remain unaffected. The contractual penalty shall be offset against any proven damages and is due for payment within 14 days of receipt of a written demand for payment.
10 Term, Return, and Deletion
10.1 Term: These General Terms and Conditions enter into force upon signature and apply for the duration of the project as well as for the post-term periods specified in Section 4. 10.2 Return/Deletion: Upon termination, all confidential documents, copies, and reproductions must be returned immediately or securely deleted in accordance with instructions. A written report confirming such deletion must be provided upon request.
11 Intellectual Property Rights
11.1 Ownership: All copyrights and other rights regarding the delivered code remain with the Licensor, unless expressly agreed otherwise. 11.2 Modifications: Modifications or extensions...
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