1. General information
1.1 rdts Aktiengesellschaft (hereinafter referred to as “rdts”) offers the product nis2-conform.eu (hereinafter referred to as “product”), an online audit for compliance with the EU’s NIS2 requirements.
1.2 These General Terms and Conditions (GTC) apply to all contracts between rdts and the customer for the use of the product.
2. Scope of services
2.1 The product includes an annual online audit to check compliance with the EU’s NIS2 requirements. The price for the product is € 980 per year.
2.2 The contract has a term of one year. At the end of the contract year, the customer is reminded to carry out a new audit.
2.3 The data collected as part of the audit is stored online for up to three months after the end of the annual contract.
2.4 You will receive a signed NIS2 certificate of conformity issued in your name in PDF-DINA4 format as well as a NIS2 seal of conformity. This seal is a graphic that you can include in your company brochures, presentations and on your website.
2.5 rdts accepts no liability for the accuracy of the answers provided by the customer. As with other certifications, the audit assumes that the customer’s answers to the questions posed are correct.
3. Obligations of the customer
3.1 The customer is obliged to inform rdts immediately of any defects in the technical system (Section 536c BGB). In doing so, the information provided by rdts for analysing the problem must be taken into account to a reasonable extent and all available information required for rectifying the defect must be forwarded to rdts.
3.2 Warranty claims shall expire 12 months from the date on which the customer became aware of the defect in the technical system or should have become aware of it without gross negligence. This shall not apply in cases in which the customer asserts claims for damages due to injury to life, limb or health or if the defect was caused by gross negligence, wilful intent or as a result of a guarantee promise.
4. Liability
4.1 The liability of rdts for claims for damages or warranty claims arising as a result of a defect in the technical system or another service provided by rdts is limited to EUR 5,000 net.
4.2 Claims shall lapse 12 months from the date on which the customer became aware of the defect or should have become aware of it without gross negligence. These limitation periods shall not apply in cases in which the customer asserts claims for damages due to injury to life, limb or health or if the defect was caused by gross negligence, wilful intent or as a result of a guarantee promise.
5. Privacy policy
5.1 The customer agrees that rdts may collect, process and use the necessary data on the basis of the statutory provisions.
5.2 To fulfil the contract, rdts may collect, process and use the necessary personal data (inventory data). This includes the name, address and telephone number of the customer or its end customers, as well as the account details required for participation in the direct debit procedure.
5.3 The customer has the right to receive information about the scope and content of the personal data stored about him at any time.
5.4 If, in the course of carrying out maintenance and inspection work, there is a possibility that rdts may come into contact with personal data of the customer’s employees or customers or if there is any other circumstance that gives rise to an offence pursuant to Section 11 (2) BDSG, version Dec. 2011, the provisions of the Annex ADV to the individual contract shall apply.
6. Confidentiality
6.1 The parties undertake to keep secret all information labelled as confidential that comes to their knowledge in the course of the collaboration and not to pass it on to third parties. This obligation shall remain in force even after termination of the contract.
7. Final provisions
7.1 Amendments or additions to these GTC must be made in writing. This also applies to the cancellation of the written form requirement.
7.2 Should individual provisions of these GTC be invalid or unenforceable or become invalid or unenforceable after conclusion of the contract, the validity of the remaining provisions shall remain unaffected.
7.3 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 (CISG).
These GTC come into force upon entering into the contract.