Address:
Emsring 3
44803 Herne
Germany
Represented by: Steffen Scholle
Contact:
Phone: +49 (0) 234 54 57 46 90
E‑mail: info@eximentor.de
Sales tax identification number (VAT):
DE351523644
Liability for links:
Our website contains links to external third-party websites over whose content we have no influence. Therefore, we cannot accept any liability for this third-party content. The respective provider or operator of the pages is always responsible for the content of the linked pages. The linked pages were checked for possible legal violations at the time of linking. Illegal contents were not recognisable at the time of linking. However, permanent monitoring of the content of the linked pages is not reasonable without concrete evidence of an infringement. If we become aware of any legal infringements, we will remove such links immediately.
Liability for content:
The content of our website has been created with the greatest care. However, we cannot accept any liability for the accuracy, completeness and topicality of the content. As a service provider, we are responsible for our own content on these pages in accordance with § 7 para. 1 TMG (German Telemedia Act) and general laws. According to §§ 8 to 10 TMG, however, we as a service provider are not obliged to monitor transmitted or stored third-party information or to investigate circumstances that indicate illegal activity. Obligations to remove or block the use of information in accordance with general legislation remain unaffected by this. However, liability in this respect is only possible from the time of knowledge of a specific infringement. As soon as we become aware of such infringements, we will remove this content immediately.
Copyright
The content and works created by the site operators on these pages are subject to German copyright law. Duplication, processing, distribution and any kind of utilisation outside the limits of copyright law require the written consent of the respective author or creator. Downloads and copies of this site are only permitted for private, non-commercial use. Insofar as the content on this site was not created by the operator, the copyrights of third parties are respected. In particular, third-party content is labelled as such. Should you nevertheless become aware of a copyright infringement, please inform us accordingly. If we become aware of any infringements, we will remove such content immediately.
1 Imprint
1.1 Information according to § 5 TMG
ExiMentor — Steffen Scholle
Engineering office
Emsring 3
44628 Herne
1.2 Contact
Phone: 0234 54 57 46 90
E‑mail: info@eximentor.de
1.3 Postal address
Steffen Scholle
Emsring 3
44628 Herne
1.4 Sales tax ID
Value added tax identification number in accordance with § 27 a of the Value Added Tax Act:
DE351523644
1.5 EU dispute resolution
The European Commission provides a platform for online dispute resolution (OS): https://ec.europa.eu/consumers/odr/.
You can find our e‑mail address in the legal notice above.
1.7 Consumer dispute resolution / universal arbitration centre
We are not willing or obliged to participate in dispute resolution proceedings before a consumer arbitration board.
2 Privacy policy
2.1 Data protection at a glance
2.1.1 General information
The following information provides a simple overview of what happens to your personal data when you visit this website. Personal data is any data that can be used to identify you personally. Detailed information on the subject of data protection can be found in our data protection declaration listed below this text.
2.1.2 Data collection on this website
2.1.2.1 Who is responsible for data collection on this website?
Data processing on this website is carried out by the website operator. You can find the operator’s contact details in the “Information on the controller” section of this privacy policy.
2.1.2.2 How do we collect your data?
On the one hand, your data is collected when you provide it to us. This may, for example, be data that you enter in a contact form.
Other data is collected automatically or with your consent by our IT systems when you visit the website. This is primarily technical data (e.g. internet browser, operating system or time of page view). This data is collected automatically as soon as you enter this website.
2.1.2.3 What do we use your data for?
Some of the data is collected to ensure that the website is provided without errors. Other data may be used to analyse your user behaviour.
2.1.2.4 What rights do you have with regard to your data?
You have the right to receive information about the origin, recipient and purpose of your stored personal data free of charge at any time. You also have the right to request the correction or deletion of this data. If you have given your consent to data processing, you can revoke this consent at any time for the future. You also have the right to request the restriction of the processing of your personal data under certain circumstances. Furthermore, you have the right to lodge a complaint with the competent supervisory authority.
You can contact us at any time regarding this and other questions on the subject of data protection.
2.1.3 Analysis tools and tools from third-party providers
When you visit this website, your surfing behaviour may be statistically evaluated. This is primarily done using so-called analysis programmes.
Detailed information on these analysis programmes can be found in the following privacy policy.
2.2 Hosting
2.2.1 Netcup
We host our website with Netcup. The provider is netcup GmbH, Daimlerstraße 25, 76185 Karlsruhe, Germany (hereinafter referred to as “Netcup”). When you visit our website, Netcup records various log files including your IP addresses.
Further information can be found in Netcup’s privacy policy: https://www.netcup.com/de/kontakt/datenschutzerklaerung
The use of Netcup is based on Art. 6 para. 1 lit. f GDPR. We have a legitimate interest in ensuring that our website is displayed as reliably as possible. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user’s terminal device (e.g. device fingerprinting) within the meaning of the TTDSG. Consent can be revoked at any time.
2.3 General notes and mandatory information
2.3.1 Data protection
The operators of these pages take the protection of your personal data very seriously. We treat your personal data confidentially and in accordance with the statutory data protection regulations and this privacy policy.
When you use this website, various personal data is collected. Personal data is data that can be used to identify you personally. This privacy policy explains what data we collect and what we use it for. It also explains how and for what purpose this is done.
We would like to point out that data transmission over the Internet (e.g. when communicating by email) may be subject to security vulnerabilities. Complete protection of data against access by third parties is not possible.
2.3.2 Note on the responsible body
The controller responsible for data processing on this website is
ExiMentor — Steffen Scholle
Emsring 3
44628 Herne
Phone: 023454574690
E‑mail: info@eximentor.de
The controller is the natural or legal person who alone or jointly with others determines the purposes and means of the processing of personal data (e.g. names, e‑mail addresses, etc.).
2.3.3 Storage period
Unless a more specific storage period has been specified in this privacy policy, your personal data will remain with us until the purpose for data processing no longer applies. If you assert a justified request for deletion or revoke your consent to data processing, your data will be deleted unless we have other legally permissible reasons for storing your personal data (e.g. retention periods under tax or commercial law); in the latter case, the deletion will take place after these reasons no longer apply.
2.3.4 General information on the legal basis for data processing on this website
If you have consented to data processing, we process your personal data on the basis of Art. 6 para. 1 lit. a GDPR or Art. 9 para. 2 lit. a GDPR, insofar as special categories of data are processed in accordance with Art. 9 para. 1 GDPR. In the event of express consent to the transfer of personal data to third countries, data processing is also carried out on the basis of Art. 49 para. 1 lit. a GDPR. If you have consented to the storage of cookies or access to information in your end device (e.g. via device fingerprinting), the data processing is also carried out on the basis of Section 25 (1) TTDSG. Consent can be revoked at any time. If your data is required to fulfil a contract or to carry out pre-contractual measures, we process your data on the basis of Art. 6 para. 1 lit. b GDPR. Furthermore, we process your data if this is necessary to fulfil a legal obligation on the basis of Art. 6 para. 1 lit. c GDPR. Data processing may also be carried out on the basis of our legitimate interest in accordance with Art. 6 para. 1 lit. f GDPR. Information on the relevant legal bases in each individual case is provided in the following paragraphs of this privacy policy.
2.3.5 Note on data transfer to the USA and other third countries
Among other things, we use tools from companies based in the USA or other third countries that are not secure under data protection law. If these tools are active, your personal data may be transferred to these third countries and processed there. We would like to point out that a level of data protection comparable to that in the EU cannot be guaranteed in these countries. For example, US companies are obliged to hand over personal data to security authorities without you as the data subject being able to take legal action against this. It can therefore not be ruled out that US authorities (e.g. secret services) may process, analyse and permanently store your data on US servers for surveillance purposes. We have no influence on these processing activities.
2.3.6 Revocation of your consent to data processing
Many data processing operations are only possible with your express consent. You can withdraw your consent at any time. The legality of the data processing carried out until the revocation remains unaffected by the revocation.
2.3.7 Right to object to the collection of data in special cases and to direct advertising (Art. 21 GDPR)
If data processing is carried out on the basis of Art. 6 para. 1 lit. e or f GDPR, you have the right to object to the processing of your personal data at any time for reasons arising from your particular situation; this also applies to profiling based on these provisions. The respective legal basis on which processing is based can be found in this privacy policy. If you lodge an objection, we will no longer process your personal data concerned unless we can demonstrate compelling legitimate grounds for the processing which override your interests, rights and freedoms or the processing serves the establishment, exercise or defence of legal claims (objection pursuant to Art. 21 (1) GDPR).
If your personal data are processed for the purpose of direct marketing, you have the right to object at any time to the processing of personal data concerning you for the purpose of such marketing; this also applies to profiling insofar as it is associated with such direct marketing. If you object, your personal data will subsequently no longer be used for the purpose of direct marketing (objection pursuant to Art. 21 (2) GDPR).
2.3.8 Right to lodge a complaint with the competent supervisory authority
In the event of violations of the GDPR, data subjects have the right to lodge a complaint with a supervisory authority, in particular in the Member State of their habitual residence, place of work or place of the alleged violation. The right to lodge a complaint is without prejudice to any other administrative or judicial remedies.
2.3.9 Right to data portability
You have the right to have data that we process automatically on the basis of your consent or in fulfilment of a contract handed over to you or to a third party in a commonly used, machine-readable format. If you request the direct transfer of the data to another controller, this will only be done insofar as it is technically feasible.
2.3.10 SSL or TLS encryption
This site uses SSL or TLS encryption for security reasons and to protect the transmission of confidential content, such as orders or enquiries that you send to us as the site operator. You can recognise an encrypted connection by the fact that the address line of the browser changes from “http://” to “https://” and by the lock symbol in your browser line.
If SSL or TLS encryption is activated, the data you transmit to us cannot be read by third parties.
2.3.11 Information, erasure and rectification
Within the framework of the applicable legal provisions, you have the right to free information about your stored personal data, its origin and recipients and the purpose of the data processing and, if necessary, a right to correction or deletion of this data at any time. You can contact us at any time if you have further questions on the subject of personal data.
2.3.12 Right to restriction of processing
You have the right to request the restriction of the processing of your personal data. You can contact us at any time to do this. The right to restriction of processing exists in the following cases
- If you dispute the accuracy of your personal data stored by us, we generally need time to verify this. For the duration of the review, you have the right to request that the processing of your personal data be restricted.
- If the processing of your personal data was/is unlawful, you can request the restriction of data processing instead of erasure.
- If we no longer need your personal data, but you need it for the exercise, defence or assertion of legal claims, you have the right to request the restriction of the processing of your personal data instead of its erasure.
- If you have lodged an objection in accordance with Art. 21 para. 1 GDPR, a balance must be struck between your interests and ours. As long as it has not yet been determined whose interests prevail, you have the right to request the restriction of the processing of your personal data.
If you have restricted the processing of your personal data, this data — apart from its storage — may only be processed with your consent or for the establishment, exercise or defence of legal claims or for the protection of the rights of another natural or legal person or for reasons of important public interest of the European Union or of a Member State.
2.3.13 Objection to advertising emails
We hereby object to the use of contact data published as part of our obligation to provide a legal notice for the purpose of sending unsolicited advertising and information material. The operators of the website expressly reserve the right to take legal action in the event of the unsolicited sending of advertising information, such as spam e‑mails.
2.4 Data collection on this website
2.4.1 Cookies
Our Internet pages use so-called “cookies”. Cookies are small text files and do not cause any damage to your end device. They are stored on your device either temporarily for the duration of a session (session cookies) or permanently (permanent cookies). Session cookies are automatically deleted at the end of your visit. Permanent cookies remain stored on your end device until you delete them yourself or they are automatically deleted by your web browser.
In some cases, cookies from third-party companies may also be stored on your device when you visit our website (third-party cookies). These enable us or you to use certain services of the third-party company (e.g. cookies for processing payment services).
Cookies have various functions. Many cookies are technically necessary, as certain website functions would not work without them (e.g. the shopping basket function or the display of videos). Other cookies are used to evaluate user behaviour or display advertising.
Cookies that are required to carry out the electronic communication process, to provide certain functions that you have requested (e.g. for the shopping basket function) or to optimise the website (e.g. cookies to measure the web audience) (necessary cookies) are stored on the basis of Art. 6 para. 1 lit. f GDPR, unless another legal basis is specified. The website operator has a legitimate interest in the storage of necessary cookies for the technically error-free and optimised provision of its services. If consent to the storage of cookies and comparable recognition technologies has been requested, the processing is carried out exclusively on the basis of this consent (Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG); consent can be revoked at any time.
You can set your browser so that you are informed about the setting of cookies and only allow cookies in individual cases, exclude the acceptance of cookies for certain cases or in general and activate the automatic deletion of cookies when closing the browser. If cookies are deactivated, the functionality of this website may be restricted.
If cookies are used by third-party companies or for analysis purposes, we will inform you about this separately in this privacy policy and, if necessary, request your consent.
2.4.2 Contact form
If you send us enquiries via the contact form, your details from the enquiry form, including the contact details you provide there, will be stored by us for the purpose of processing the enquiry and in the event of follow-up questions. We will not pass on this data without your consent.
This data is processed on the basis of Art. 6 para. 1 lit. b GDPR if your enquiry is related to the fulfilment of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the enquiries addressed to us (Art. 6 para. 1 lit. f GDPR) or on your consent (Art. 6 para. 1 lit. a GDPR) if this has been requested; consent can be revoked at any time.
We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Mandatory statutory provisions — in particular retention periods — remain unaffected.
2.4.3 Enquiry by e‑mail or telephone
If you contact us by e‑mail or telephone, we will store and process your enquiry including all personal data (name, enquiry) for the purpose of processing your request. We will not pass on this data without your consent.
This data is processed on the basis of Art. 6 para. 1 lit. b GDPR if your enquiry is related to the fulfilment of a contract or is necessary for the implementation of pre-contractual measures. In all other cases, the processing is based on our legitimate interest in the effective processing of the enquiries addressed to us (Art. 6 para. 1 lit. f GDPR) or on your consent (Art. 6 para. 1 lit. a GDPR) if this has been requested; consent can be revoked at any time.
The data you send to us via contact requests will remain with us until you ask us to delete it, revoke your consent to storage or the purpose for data storage no longer applies (e.g. after your request has been processed). Mandatory statutory provisions — in particular statutory retention periods — remain unaffected.
2.5 Social media
2.5.1 LinkedIn plugin
This website uses functions of the LinkedIn network. The provider is LinkedIn Ireland Unlimited Company, Wilton Plaza, Wilton Place, Dublin 2, Ireland.
Each time you access a page on this website that contains LinkedIn functions, a connection to LinkedIn servers is established. LinkedIn is informed that you have visited this website with your IP address. If you click on the LinkedIn “Recommend” button and are logged into your LinkedIn account, LinkedIn is able to associate your visit to this website with you and your user account. We would like to point out that, as the provider of the pages, we have no knowledge of the content of the transmitted data or its use by LinkedIn.
The LinkedIn plugin is used on the basis of Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in the widest possible visibility in social media. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user’s end device (e.g. device fingerprinting) within the meaning of the TTDSG. Consent can be revoked at any time.
Data transfer to the USA is based on the standard contractual clauses of the EU Commission. You can find details here: https://www.linkedin.com/help/linkedin/answer/62538/datenubertragung-aus-der-eu-dem-ewr-und-der-schweiz?lang=de
Further information on this can be found in LinkedIn’s privacy policy at: https://www.linkedin.com/legal/privacy-policy.
2.5.2 XING plugin
This website uses functions of the XING network. The provider is New Work SE, Dammtorstraße 30, 20354 Hamburg, Germany.
Each time one of our pages containing XING functions is accessed, a connection to XING servers is established. To the best of our knowledge, no personal data is stored in the process. In particular, no IP addresses are stored and usage behaviour is not evaluated.
The data is stored and analysed on the basis of Art. 6 para. 1 lit. f GDPR. The website operator has a legitimate interest in the widest possible visibility in social media. If a corresponding consent has been requested, the processing is carried out exclusively on the basis of Art. 6 para. 1 lit. a GDPR and § 25 para. 1 TTDSG, insofar as the consent includes the storage of cookies or access to information in the user’s end device (e.g. device fingerprinting) within the meaning of the TTDSG. Consent can be revoked at any time.
Further information on data protection and the XING Share button can be found in XING’s privacy policy at: https://www.xing.com/app/share?op=data_protection.
2.6 Audio and video conferences
2.6.1.1 Data processing
We use online conferencing tools, among other things, to communicate with our customers. The individual tools we use are listed below. If you communicate with us by video or audio conference via the internet, your personal data will be collected and processed by us and the provider of the respective conference tool.
The conferencing tools collect all the data that you provide/enter to use the tools (e‑mail address and/or your telephone number). The conference tools also process the duration of the conference, the start and end (time) of participation in the conference, the number of participants and other “contextual information” in connection with the communication process (metadata).
Furthermore, the provider of the tool processes all technical data required for the processing of online communication. This includes, in particular, IP addresses, MAC addresses, device IDs, device type, operating system type and version, client version, camera type, microphone or loudspeaker and the type of connection.
If content is exchanged, uploaded or provided in any other way within the tool, this is also stored on the tool provider’s servers. Such content includes, in particular, cloud recordings, chat/instant messages, voicemails, uploaded photos and videos, files, whiteboards and other information shared while using the service.
Please note that we do not have full control over the data processing operations of the tools used. Our options are largely determined by the company policy of the respective provider. Further information on data processing by the conference tools can be found in the privacy policies of the tools used, which we have listed below this text.
2.6.1.2 Purpose and legal basis
The conference tools are used to communicate with prospective or existing contractual partners or to offer certain services to our customers (Art. 6 para. 1 lit. b GDPR). Furthermore, the use of the tools serves the general simplification and acceleration of communication with us or our company (legitimate interest within the meaning of Art. 6 para. 1 lit. f GDPR). If consent has been requested, the tools in question are used on the basis of this consent; consent can be withdrawn at any time with effect for the future.
2.6.1.3 Storage duration
The data collected directly by us via the video and conference tools will be deleted from our systems as soon as you ask us to delete it, revoke your consent to storage or the purpose for data storage no longer applies. Stored cookies remain on your end device until you delete them. Mandatory statutory retention periods remain unaffected.
We have no influence on the storage period of your data that is stored by the operators of the conference tools for their own purposes. For details, please contact the operators of the conference tools directly.
2.6.1.4 Conference tools used
We use the following conferencing tools:
Microsoft Teams
We use Microsoft Teams. The provider is Microsoft Corporation, One Microsoft Way, Redmond, WA 98052–6399, USA. Details on data processing can be found in the Microsoft Teams privacy policy: https://privacy.microsoft.com/de-de/privacystatement.
Google Meets
We use Google Meets. The provider is Google, 1600 Amphitheatre Parkway. Mountain View, CA 94043, USA. Details on data processing can be found in Google’s privacy policy:
https://policies.google.com/privacy
1 Scope of application
1.1 The following general terms and conditions apply to all legal transactions between the engineering office ExiMentor Steffen Scholle — hereinafter referred to as ExiMentor — and its contractual partner — hereinafter referred to as the customer/client.
1.2 Insofar as individual contractual provisions exist that deviate from or contradict the provisions of these General Terms and Conditions, the individual contractual provisions shall take precedence.
2 Subject matter of the contract
2.1 The contracting parties agree to work together in accordance with the specific, individual contractual agreement. An employment contract is not intended by the parties and is not established.
2.2 ExiMentor shall itself be responsible for social security contributions and tax matters and shall indemnify the client against any obligations.
2.3 ExiMentor is free to also work for other customers.
2.4 ExiMentor does not conclude contracts with consumers within the meaning of § 13 BGB. When concluding a contract with ExiMentor, the customer assures to act as an entrepreneur according to § 14 BGB or as a merchant according to HGB.
3 Conclusion of the contract
3.1 Offers are non-binding and merely represent an invitation to the customer to place an order. A contract is only concluded when ExiMentor accepts the order by means of an order confirmation. If the customer does not receive an order confirmation within 7 days, the order has not been accepted by ExiMentor and therefore no contract has been concluded.
3.2 The subject matter of the contract or the exact task description is described in the written offer.
4 Contract duration and cancellation
4.1 The contract begins with the order confirmation, unless an individual date is specified.
4.2 The contract may be terminated by either party in writing with one (1) month’s notice. The costs incurred up to that point shall be invoiced.
4.3 For seminars and training courses, cancellation is possible free of charge up to fourteen days before the date. In the event of later cancellation, 60% of the costs stated in the offer will be charged. In the event of cancellation within two days of the date, 100% of the costs stated in the offer will be charged.
4.4 Cancellation without notice for good cause is possible by either party. Good cause exists, for example, if the customer is in arrears with payment and fails to make payment after the expiry of a reasonable grace period, if the customer suffers financial collapse after the conclusion of the contract (inability to pay, insolvency), unless an application for the opening of insolvency proceedings has already been filed, or if ExiMentor fails to provide its services in accordance with the contract.
5 Scope of services, obligations of the contractual partners
5.1 The services to be provided by ExiMentor generally include the tasks listed in detail in the offer.
5.2 ExiMentor shall periodically inform the Customer of the results of its activities. The contracting parties may agree a schedule for the provision of services and a planned end date for the completion of services in the contract.
5.3 If ExiMentor is actually unable to fulfil the contractually owed performance of an order, it must inform the customer immediately.
5.4 The parties shall endeavour to the best of their knowledge and belief to support the contractual partner in the performance of the respective obligation by providing information, information or experience in order to ensure a smooth and efficient workflow for both parties.
5.5 Each of the contracting parties may request changes to the agreed scope of services from the other contracting party in writing. Upon receipt of a change request, the recipient shall check whether and under what conditions the change is feasible and shall immediately notify the applicant in text form of the approval or rejection and, if necessary, give reasons. If a change request from the customer requires an extensive review, ExiMentor may charge for the review effort for this with prior notice if the customer nevertheless insists on the review of the change request.
5.6 If necessary, the contractual adjustments to the agreed conditions and services required for a review and/or amendment shall be set out in writing in an amendment agreement and shall be concluded in accordance with these General Terms and Conditions.
5.7 The customer guarantees that it will provide all information essential for the planning, execution and completion of the order in a timely and truthful manner.
5.8 ExiMentor undertakes to use its best endeavours and therefore makes no guarantees as to the results of the assignment, unless expressly agreed otherwise.
5.9 Changes made to an order that has already been placed may result in the originally agreed completion period being exceeded.
6 Prices and terms of payment
6.1 Billing is based on time and material. Payments are due at the hourly rate stated in the offer. The hours shall be invoiced monthly for the full month.
6.2 The hours stated in the offer are estimates and are not binding. The quantities on which an estimate is based are based on an assessment of the scope of services carried out to the best of our knowledge.
6.3 If, due to unexpected activities, a change in the scope, incorrect or incomplete information has been provided and additional costs are therefore incurred, a further quotation shall be prepared for this scope or a written or verbal agreement shall be reached on exceeding the hours stated in the quotation.
6.4 The prices in the offer are net prices plus statutory VAT. VAT shall be invoiced at the rate applicable at the time of performance.
6.5 The prices quoted do not include any costs for certification or testing that may be incurred by a notified body.
6.6 Invoices are payable on receipt without deduction within 30 days.
6.7 Offers are valid for 3 months from the date of issue.
6.8 If, after conclusion of the contract but before the order has been fully executed, the factors relevant to the fee (e.g. wages or prices) change, ExiMentor shall be entitled to adjust the previously agreed fee accordingly.
6.9 Any travelling expenses incurred shall amount to 60 ct/km (journey from Herne).
6.10 Any accommodation costs incurred amount to €100 per night.
7 Delivery
7.1 The documents created shall be transferred immediately upon completion of the project or in the meantime by e‑mail, Microsoft OneDrive or a digital transport method provided by the customer.
8 Liability
8.1 ExiMentor shall not be liable for damages caused by the customer or its employees not following ExiMentor’s instructions and/or statutory provisions.
8.2 ExiMentor accepts no liability for misunderstandings in the case of verbal, telephone or other information. ExiMentor shall not be liable for any loss or damage suffered by the Customer as a result of incorrect information provided by or on behalf of the Customer or information where ExiMentor has acted in good faith as to the accuracy of such information. The Customer shall be liable for all costs and complications reasonably arising therefrom.
8.3 ExiMentor is never liable for indirect damage, including consequential damage, loss of profit, loss of savings and loss due to business interruption.
8.4 ExiMentor shall only be liable for damages if the Customer requires ExiMentor to fulfil its obligations and ExiMentor has nevertheless negligently failed to fulfil the obligations in question.
8.5 ExiMentor shall only be liable for damages — irrespective of the legal grounds — in cases of intent and gross negligence. In the event of simple negligence, ExiMentor shall only be liable
a) for damages resulting from injury to life, body or health,
b) for damages arising from the breach of a material contractual obligation (an obligation whose fulfilment is essential for the proper performance of the contract and on whose compliance the contractual partner regularly relies and may rely); in this case, ExiMentor’s liability shall be limited to a maximum of the invoice amount, or at least to that part of the amount to which the liability relates. In the case of a long-term contract, this is limited to the last three months of the contract term.
8.6 The Customer shall take all measures as soon as possible to prevent or limit the damage for which ExiMentor can be held liable.
8.7 Complaints regarding the work carried out or the invoice amount must be notified to ExiMentor by the Customer in writing within four weeks of completion of the work. Complaints shall not suspend the Customer’s payment obligations.
8.8 If and insofar as a complaint is upheld, ExiMentor has the choice between adjusting the invoice amount and rectifying the work complained about free of charge or carrying it out again. If the subsequent execution of the work is demonstrably pointless, the customer shall be entitled to a pro rata refund of the fee already paid.
8.9 If it transpires that a complaint is unfounded, the costs incurred as a result shall be borne in full by the customer.
9 Confidentiality
9.1 The Customer and ExiMentor are obliged to treat as confidential all confidential information that they have received from each other or from another source in connection with the contract. Information shall be deemed to be confidential if this is announced by the other party or is evident from the nature of the information.
9.2 If ExiMentor is required by law or court order to disclose Confidential Information to third parties or is required by a court judgement to disclose Confidential Information to certain third parties and ExiMentor cannot assert a right to confidentiality, ExiMentor shall not be obliged to pay compensation and the Client shall not be entitled to terminate the Contract on the basis of any loss suffered as a result.
Provided that ExiMentor immediately informs the customer in writing for the purpose of exercising its rights, unless it is prohibited from doing so by law, and that ExiMentor takes all reasonable steps to ensure that the confidential information is treated confidentially.
9.3 The Customer and ExiMentor shall impose their obligations under this Article on any third parties they engage.
9.4 The disclosure of Confidential Information under the protection of this Agreement and this Clause 9 shall expressly not constitute publication contrary to a patent application, shall not be prejudicial to novelty and shall not in any way confer any right on the other party. If the other party has contributed to the creation of results capable of protection, negotiations shall be conducted on this.
10 Intellectual property
10.1 Notwithstanding the other provisions of these General Terms and Conditions, ExiMentor reserves all rights to which ExiMentor is entitled under German copyright law.
10.2 All documents provided by ExiMentor to the Customer, such as reports, computer programs, system designs, methods, advice and contracts, may be used by the Customer and may be reproduced by the Customer for use in its own organisation. The documents provided by ExiMentor may not be passed on, reproduced, utilised or disclosed to third parties by the customer, unless the nature of the documents provided indicates otherwise.
10.3 ExiMentor reserves the right to utilise the knowledge gained through the execution of the work for other purposes, provided that no confidential information is disclosed to third parties as a result.
11 Place of jurisdiction
11.1 The business relationship between the parties shall be governed exclusively by German law.
11.2 If the customer does not have a general place of jurisdiction in Germany or in another EU member state, the exclusive place of jurisdiction for all disputes arising from this contract shall be our registered office.
12 Other provisions
12.1 Despite all efforts, ExiMentor is not responsible for the success of the consultation, in particular not for the successful certification of the device.
12.2 Liability for consequences due to consulting errors, errors in calculations or circuits is excluded. In particular for consequences in the series production of devices or in the event of their recall.
12.3 Documents provided to participants in seminars and training courses serve exclusively as training documents for the participants and may not be passed on or reproduced.
12.4 Despite all due care, errors in the documents cannot be ruled out. ExiMentor is not liable for any errors and their possible consequences unless they were caused intentionally or through gross negligence.
