General Contractual Conditions for Customer

As of November 2020

1. Scope and Purpose

1.1. One task of the Karlsruhe Institute of Technology (KIT), public corporation and university (hereinafter
referred to as "KIT") is to support, in cooperation with industry and other employers, students in the
implementation of internships and KIT graduates (hereinafter referred to as "users") in their transition
into professional life. For this purpose, KIT has established the Career Service Portal (hereinafter
referred to as "Portal") and offers various products in connection with the public task described above.
The client supports KIT in the fulfilment of its tasks by concluding a contract in accordance with these
contractual terms and conditions, whereby the client pursues publicly effective communicative goals.
The objective of the contracts is to inform users about the client in his capacity as employer including
vacancies and to give users a first impression of the client as employer. At the same time, the
customer should have the opportunity to position himself/herself as an attractive employer for
students and graduates.

1.2. Users of the portal are KIT students registered on the portal.
Subject to the regulations laid down here and subject to the separate conclusion of a contract for the
respective product, the customers shall be given the opportunity on the portal to place advertisements
for jobs in the products job exchange as potential employers and advertisements for scholarships as
potential providers of grants and prizes as potential awarders. Furthermore, advertisements can be
placed for events organised by the customers themselves. These advertisements of the clients are
visible for users.
The portal has an application database (hereinafter referred to as "application portal"). Here, users
have the opportunity to create their own profile to present their professional skills and qualifications,
including a curriculum vitae, and to activate this on the application portal for customers. The
application portal offers customers the possibility to search for potential employees in an application
database on the basis of certain criteria.
The portal also offers customers the opportunity to place posters and banners for students on campus
and book information stands.

1.3. KIT reserves the right to remove products from the offer or to add new offers on the Internet platform.

2. Conclusion of Contract

2.1. The present contractual agreements apply between KIT and Customer.
A basic agreement must be concluded between KIT and Client in order to provide Client with access
to the Portal. This is done by registration of the client on the portal under acceptance of these "Career-
Service-Portal - General Terms and Conditions of Contract for Clients" (hereinafter referred to as
"GTC") in the version valid at the time of registration and activation by KIT. After registration the
potential customer will be checked by KIT and activated by KIT at its own discretion. KIT reserves the
right not to activate potential clients without giving reasons.
The legal relationship between KIT and the client shall be governed exclusively by the GTC laid down
herein in the version valid at the time of registration; deviating or supplementary conditions of the
client, in particular General Terms and Conditions of Business, shall apply only if expressly accepted
by KIT in writing within the scope of activation. In this respect it is not sufficient if the customer refers
to his General Terms and Conditions of Business during registration or in separate correspondence
and KIT confirms or performs the registration without explicit reference to the customer's deviating
or supplementary terms and conditions. The provision of a service is not considered an implied

2.2. Client has the opportunity to purchase from KIT on the Portal the products shown in paragraph 3. A
product contract is required for this purpose. The Product Contract is concluded by Client's order of a
specific product via a digital order form of the Portal and a written order confirmation by KIT. The
legal relationship between KIT and the client in relation to this product contract shall be governed
exclusively by the current price list - as displayed on the portal -, the relevant service descriptions,
and the GTC in the version valid at the time of the order; deviating or supplementary terms and
conditions of the client, in particular General Terms and Conditions of Business, shall apply only if
expressly accepted by KIT in writing in the order confirmation. In this respect, it is not sufficient if
the customer refers to his General Terms and Conditions of Business when placing the order or in
separate correspondence and KIT confirms or executes the order confirmation without explicit
reference to the customer's deviating or supplementary terms and conditions. The provision of a
service is not considered an implied acceptance.

2.3. With the successful conclusion of a product contract, the Customer also accepts the version of the
GTC current at the time of this order with regard to the basic contract.

3. Customer Characteristics and Earmarking

3.1. The customer assures that he is an entrepreneur within the meaning of § 14 BGB or a legal entity
under public law or a special fund under public law.

3.2. Should the client lose the above-mentioned property during the term of the contract, he/she
undertakes to immediately notify KIT in writing of the loss and to immediately delete his/her account
on the portal.

3.3. The customer assures that he/she will use the present portal exclusively for the purposes mentioned
under point 1, in particular he/she, as a business enterprise or other employer, will look for potential
employees for his/her own enterprise.

4. Remuneration

4.1. For KIT products, the client provides consideration of the same value in the form of cash.

4.2. The customer must pay any taxes incurred - such as foreign withholding tax, use tax, property tax,
consumption tax, service tax or similar taxes, customs duties and other charges. If KIT is obligated
to pay such taxes, the customer shall reimburse KIT for them as well as all related costs or expenses,
interest, and fines.

4.3. The client is obliged to provide KIT with all data and information required for proper invoicing (e.g.
company certificates).

4.4. The amount of the remuneration shall be based on the product prices shown in the portal in
accordance with the price list plus the legally owed value added tax. KIT will issue an invoice to the
client for this, showing the legally owed value added tax.

4.5. The provisions of §§ 14, 14a UStG are observed. Client shall provide KIT with his/her VAT registration
number or business certificate, if required for invoicing, after conclusion of this agreement.

4.6. After conclusion of the contract by signing the written order confirmation and issuing an invoice by
KIT, the amount plus VAT owed by law is due.

4.7. KIT will publish the advertisement or activate the booked product within three working days after
receipt of the payment for the respective product by KIT.

4.8. If KIT fails to perform one or more services as owed, the client(s) may assert rights only with respect
to these services, while the rest of the contract remains unaffected.

5. Products

5.1. After conclusion of the basic contract, its registration, and activation by KIT, the client* has the
opportunity to purchase products offered on the portal according to item 2 against payment of a fee
according to the product prices shown on the portal in accordance with the price list plus legally owed sales
tax according to item 4.
KIT offers the following products on the Portal:
  • Advertising customers for the job market (service description job market in the Career-Service-
  • Advertisements of clients for scholarships and prices (service description job market Career-
  • Application database (service description job market Career-Service-Portal)
  • Campus advertising (service description Campus advertising)
  • Jobshadowing (service description Jobshadowing)

The details of the respective product are set out in the respective service description.

5.2. Insofar as a stand / advertising space is part of the product, the following applies:

 5.2.1 The customer is responsible for the safety of the stand / advertising space. The client will
immediately follow the instructions of KIT's order and security personnel. In particular, the client must
ensure that the booth / advertising space is sufficiently secured against access or access by unauthorized
third parties, that equipment is safe to operate and that other working and operating materials are properly
used and stored, and that the booth / advertising space itself is set up and secured in such a way that it
does not pose a risk to KIT and third parties, in particular students and visitors. KIT does not take any
safety precautions beyond the usual KIT safety obligation, especially against theft or damage to property.
Insofar as the booth / advertising space is set up within the KIT premises, the premises will be secured
against access by third parties in accordance with the measures usual at KIT after the end of the set-up
and dismantling periods. KIT will not secure individual stands individually. KIT does not take any security
measures that exceed the usual safety obligation, especially against theft or damage to property.

 5.2.2 Client will immediately follow the instructions of KIT's security and order personnel. During the
measures the client must not block fire protection zones and escape routes. The KIT house and fire
protection regulations must be observed. Smoking is prohibited in all buildings and the use of fog machines
is prohibited.

 5.2.3 The compliance with notification and approval obligations as well as the compliance with relevant
legal provisions regarding the measures the customer carries out is the sole responsibility of the customer
(e.g. Youth Protection Act, registration GEMA). KIT has the right to verify compliance.

6. Use of the Portal

6.1. The customer acknowledges that a 100% availability of software solutions and platforms is technically
not feasible. In particular, maintenance, security, or capacity concerns as well as events beyond the
software provider's or KIT's control (e.g. disruption of public communication networks, power
failures), but also hardware and software errors, in particular also of the customer's software and
hardware and IT infrastructure, may lead to short-term disruptions and temporary suspension of
services. This contract only grants a right to use the services within the scope of the technical and
operational possibilities described.

6.2. The customer is aware that the data for the operation of the portal is transmitted via public channels,
in particular the Internet. The customer acknowledges that the transmission is not 100% secure.

6.3. KIT will operate the Portal and the related technical equipment to the best of its knowledge and belief
in accordance with the care and diligence it is accustomed to and based on the state of the art in
science and technology known to it. KIT does not guarantee that a concrete result will be achieved.
In particular, KIT does not guarantee that users will be interested in specific products, that a certain
number of interested parties will apply for the products, or that a certain number of users will be
stored in the application database.

6.4. KIT ensures that the services to be provided by KIT are implemented according to the usual technical

6.5. No exclusion of competitors will be granted.

6.6. The client undertakes to provide KIT with all documents and information necessary and expedient for
achieving the objectives described in the agreement in a timely manner and through the agreed
channels. If these requirements are not met in time, any deadlines for KIT to perform services will be
extended accordingly. The term of the product is not extended by late provision of necessary
documents and information. He/she will remove job advertisements or information that is no longer

6.7. KIT is entitled to use auxiliary persons to fulfill its obligations under the product contract.

6.8. Customer shall configure his infrastructure, in particular his technical equipment, according to the
respective state of the art in such a way that it is neither the target nor the starting point of
disturbances that are suitable to impair the Internet service offered by KIT or generally a smooth and
faultless network operation.

6.9. It is the Customer's responsibility to exercise the utmost care in the use of IDs, passwords, user
names or other security devices provided in connection with KIT's services and to take any and all
measures to ensure the confidential and secure handling of the data and prevent its disclosure to
third parties. The client is responsible for the use of his password(s) or user name(s) also by third
parties and will be held liable accordingly if he/she cannot sustainably demonstrate that access to
such data was not gained through his/her culpable action or omission. Customer shall immediately
inform KIT of any possible or already known unauthorized use of his/her access data.

6.10. If personal data are processed on the part of the customer, the customer must ensure through
suitable agreements with his / her employees and / or organizational measures that they comply with
the relevant data protection regulations in the currently applicable version, in particular those of
Regulation Basic Regulation, GDPR) as well as the BDSG or the LDSG are sufficient.

7. Regulations on Advertisements by the Customer

7.1. Advertisements by the customer in accordance with section 5 are placed in the portal by the customer
via his account. The duration of the advertisements depends on the booked product and the duration
shown there. After this time, the KIT is entitled to place the advertisement offline, but not obliged.

7.2. The customer guarantees that he / she has all rights required to place the advertisement. The
customer bears sole responsibility for the content and legal admissibility of the text and image
documents made available. Within the scope of this contract, he / she releases KIT from all thirdparty
claims that may arise due to the violation of relevant statutory provisions by the customer,
insofar as KIT has not caused the violation intentionally or through gross negligence. Furthermore,
the KIT is released from the costs of the necessary legal defense. The customer is obliged to support
KIT in good faith with information and documents in legal defense against third parties.

7.3. The customer guarantees that all information posted by him in the portal or transmitted to KIT for
posting is free from third party rights. The customer will compensate the KIT for any damage resulting
from a violation of this regulation. With the order, the customer confirms that he holds all rights of
use, copyrights and other rights to the documents and data etc. provided by him or that he can freely
dispose of them.

7.4. The customer grants KIT all rights of use and usage for advertising in print and online media of all
kinds that are necessary to fulfill the obligations incumbent on KIT. In particular, the customer grants
KIT the non-exclusive, spatially and temporally unlimited, transferable, sublicensable and free right
to use the logo and other provided works and authorizes KIT to use it on the Internet, and grants all
necessary copyright and other rights of use Rights, in particular the right to reproduce, disseminate,
transmit, broadcast, make publicly available, extract from a database and access, in terms of time
and content to the extent necessary for the implementation of the product contract. The granting of
the above Rights is locally unlimited. This right also extends to software providers insofar as KIT uses
them to fulfill contractual obligations and thus also the right to store the content on their servers. The
customer is solely responsible for the content and the legal admissibility of the text and image
documents made available. The KIT and, if applicable, the software providers do not check the content
for completeness, correctness, legality, topicality, quality and suitability for a specific purpose. Insofar
as third parties assert rights against KIT in relation to the content, the customer shall indemnify KIT
from any claims, insofar as KIT was not responsible for the violation intentionally or through gross

7.5. KIT and any software providers consulted by KIT reserve the right to remove or not publish / use
content, in particular advertising material, of the customer if the content to be published violates
laws, official or judicial orders or requirements, rights of third parties offend morality or the regulations
set out in the product contract ("Inadmissible Content"). This also applies insofar as links are set in
the information published or to be published by the customer that lead directly or indirectly to pages
with inadmissible content. The customer's obligation to pay remains unaffected. The KIT will inform
the customer about the removal or non-publication. The customer is at liberty to set a display that
corresponds to the specifications for the remaining term. The right to extraordinary termination of
the product contract remains unaffected.
The obligations of KIT to remove such inadmissible content are based exclusively on the statutory
provisions. However, at the request of the customer, the KIT will delete inadmissible content insofar
as this is not possible for the customer himself. Insofar as claims are made against KIT for inadmissible
content or other legal violations for which the customer is responsible, the customer releases KIT
upon first request, provided that KIT was not responsible for the violation intentionally or through
gross negligence. Furthermore, the KIT is released from the costs of the necessary legal defense. The
customer is obliged to support the KIT in good faith with information and documents in its legal
defense against third parties.

7.6. Inadmissible content / prohibited activities:
Content that violates laws, official or court orders or requirements, rights of third parties, good morals
or the regulations set out in the product contract is prohibited.
 a. In particular, the following actions by the customer are prohibited:

  • The posting, distribution, offering and advertising of pornographic content, services and / or
    products that violate youth protection laws, data protection law and / or other rights and / or are
  • the use of content that offends or slanders other participants or third parties;
  • the use, provision and distribution of content, services and / or products that are legally protected
    or encumbered with third-party rights (e.g. copyright law) without being expressly authorized to
    do so.

 b. Furthermore, regardless of a possible violation of the law, the following activities by the customer
are prohibited when disseminating or posting their own content, for example on platforms, as
well as when communicating with other participants (e.g. by sending personal messages):
  • the spread of viruses, Trojans and other harmful files;
  • sending junk or spam mail as well as chain letters;
  • the dissemination of suggestive, offensive, sexually influenced, obscene or defamatory content or
    communication of such as well as content or communication that is / is suitable to promote or
    support racism, fanaticism, hatred, physical violence or illegal acts (each explicitly or implicit);
  • harassing other participants, e.g. through multiple personal contact without or against the reaction
    of the other participant as well as promoting or supporting such harassment;
  • asking other participants to reveal passwords or personal data for commercial or illegal or unlawful
  • the distribution and / or public reproduction of the content available on the platform, unless this
    is expressly permitted by the respective author.

 c. Any action that is likely to impair the smooth operation of platforms, in particular to excessively
burden the systems of KIT or the software provider involved by KIT, is also prohibited.

 d. If there is a suspicion of illegal or criminal acts, the KIT, but also the software provider, are
entitled and, if necessary, also obliged to review all activities and, if necessary, to initiate suitable
legal steps. This can also include forwarding the facts to the public prosecutor's office.

 e. The customer for his part undertakes to ensure that the participants in the portal do not take any
actions that violate a) to c).

 f. Furthermore, the following content is excluded in any case:
  • Content that violates the reputation and dignity of KIT or the public administration and the
  • Content with party-political content, especially election advertising,
  • Advertisements for participation in illegal structured sales (§ 16 UWG) or for membership in an
    association or another association / society,
  • irrelevant content, such as Contests, events without career reference or pure promotions

7.7. The customer undertakes to clearly include the type, activity and requirement description of the
activities advertised in the advertisement in the advertisement. In particular, he will make it clear
what type of job it is (either dependent employment or internship). Advertisements for self-employed
activities are not permitted. The information must be correct and must not be misleading or

7.8. The provisions of the General Equal Treatment Act must be observed.

7.9. The job advertisement may only be linked to the customer's website. This website must meet the
minimum legal requirements and, in particular, have an imprint that corresponds to the legal
principles and principles developed by case law.

7.10. KIT is entitled to judge at its own discretion whether there has been a violation of these requirements.
In the event of a violation, it is entitled to terminate the relevant job offer with the consequences of
no. 7.5 to remove or not to publish.

7.11. The customer is aware that content published on the Internet is searched by search engines or
other third parties and that these search engines can archive the published content on their own. If
an advertisement is archived by a search engine, KIT is not responsible for this and requests for
deletion of the archived data must be addressed by the customer to the search engine provider or
the third party.

7.12. The KIT does not assume any responsibility for information placed on the portal by the customer
(e.g. logo, advertising text) beyond the obligations expressly agreed here and is in particular not
obliged to keep it after the respective product contract has expired or to the customer (s). to return

7.13. In particular, the KIT is entitled to routinely monitor the electronic data traffic and to store the log
files obtained therefrom in accordance with the statutory retention regulations applicable to the KIT
with its own customary care.

7.14. If the customer is requested to refrain from certain information or representations in connection
with information or representations of the advertisements or information published in the portal, or
if he / she has already issued a declaration of cease and desist with regard to certain information or
representations or has a If a corresponding temporary injunction, a judgment or another court
decision or official order is served, the customer is obliged to inform KIT immediately in writing.
The customer exempts KIT from all related third party claims and will compensate KIT for any damage
to KIT, unless KIT culpably neglects to avert the damage in accordance with these GCC.

8. Application data

8.1. The data of users who register in the portal are strictly confidential and may only be used by the
customer in accordance with the relevant data protection regulations in the currently applicable
version, in particular those of Regulation [EU] 2016/679 (data protection Basic Regulation, GDPR) as
well as the BDSG or the LDSG. The customer undertakes to comply with all data protection
regulations. In particular, the customer guarantees the implementation of the information obligations
vis-à-vis the data subjects, the implementation of the rights of the data subjects and compliance with
the data protection regulations for data transfer outside the scope of the European Union.

8.2. The use of the application database by the customer may only be used for the above Purpose in
accordance with paragraphs 1, 3 and the job exchange service description for the application
database. In the event of a violation, the KIT reserves the right to block the customer's account and
to block the customer's access to application data.

8.3. The contact to the users is to be established exclusively via the intended function. The customer does
not create copies of the personal data provided by the users in the portal without first obtaining their

8.4. The establishment of contact between the users and the customer is technically supported by the
portal, but the success of this establishment of contact - in particular the availability of the users via
this instrument - are not part of the service obligations of the KIT. Any subsequent application process
is not the subject of this contract, but is reserved solely for the parties involved, i.e. the customer
and the users.

8.5. The KIT also reserves the right to prevent the customer from contacting specific candidates via the
portal at the request of these candidates.

8.6. The KIT guarantees neither a certain number of user profiles nor feedback from interested users.

8.7. KIT is not liable for the correctness and completeness of the data and information uploaded by users.
KIT does not check the identity or the correctness of the information provided by the users. The entry
is made exclusively by the respective user and in his / her own responsibility.

8.8. Downloads of files that users upload to the portal themselves are at the customer's own risk. The KIT
assumes no liability for damage that arises through downloading, installing, saving or using
documents, software or the content of our website through no fault of the KIT. Although the KIT uses
current virus scan programs, the KIT does not assume any liability for damage or malfunctions caused
by malware, computer viruses, computer worms, etc.

8.9. Access to the application database is reserved exclusively for the customer. The customer undertakes
to treat the access data to the application database as well as all information stored there, in particular
personal data of the users stored there, with strict confidentiality, exclusively for the purpose specified
in the respective product contract and before access to be protected by third parties. A transfer of
information stored on the portal to third parties is excluded.

8.10. If a user deletes or changes his / her profiles or data or parts thereof, in particular his / her résumé,
these are automatically deleted from the application database for data protection reasons.

8.11. The application database may not be used to search for users using search criteria that violate the
AGG (General Equal Treatment Act).

9. Software

Within the framework of the basic and product contract, there is no transfer of ownership or usage rights,
nor the granting of licenses or other rights to the software of the portal from the KIT to the customer. KIT
reserves all rights to the software used, to labels, titles, brands and copyrights and other commercial
rights. These remain with KIT without restriction.

10. Liability

10.1. The liability of the contractual partners is limited to property damage and financial damage caused
by intent and gross negligence.

10.2. Notwithstanding no. 10.1 the contracting parties are liable for breach of essential contractual
obligations for intent and negligence.
Essential contractual obligations are those obligations that protect the contractual partners' legal positions
that are essential to the contract and that are to be granted to them according to the content and purpose
of the contract. Furthermore, such contractual obligations are essential, the fulfillment of which enables
the proper execution of the contract and which the contractual partner could regularly rely on to be

10.3. Notwithstanding no. 10.2 In the event of a breach of essential contractual obligations in the case
of simple negligence, liability is limited to foreseeable, direct and contract-typical damage.

10.4. The exclusions and limitations of liability do not apply to claims under the Product Liability Act,
due to fraudulent behavior, from liability for guaranteed characteristics and from injury to life, limb or

10.5. A contractual penalty or lump-sum compensation is excluded and is not part of this contract.

10.6. Insofar as liability is excluded or limited according to the above regulations, this also applies to
the liability of the legal representative and the vicarious agents of the contractual partners.

10.7. Insofar as a stand / advertising space is part of the product, the following applies: The customer
assumes the obligation to maintain safety for his / her stand / his / her advertising space in the internal
relationship with KIT. If a claim is made against KIT for damage resulting from a breach of the customer's
duty to maintain safety, the customer must indemnify KIT against all third-party claims and all costs
incurred by KIT. This does not apply if the claim is based on willful or grossly negligent behavior by KIT.

11. Confidentiality

11.1. Unless otherwise expressly regulated in the present GCC, the customer and the KIT will not
exchange any confidential information within the framework of the basic contract.

11.2. The KIT and the customer will treat as confidential all information and items received from the
other partner within the framework of the product contract and marked as confidential vis-à-vis third
parties. Oral information is only to be treated as confidential if it is designated as confidential in the
notification and then summarized in writing, marked as confidential and transmitted to the other
contractual partner within 30 days of notification. The confidentiality obligation applies up to three
(3) years after the termination of the respective product contract, unless otherwise stipulated in these

11.3. Information in the form of personal data from users (e.g. information from users from profiles and
résumés) is deemed to be confidential information within the meaning of the underlying contract and
are to be treated as strictly confidential by the customer for an unlimited period of time, to be used
exclusively for the purpose specified in the contract and not to be passed on to third parties.
The above-mentioned confidentiality obligation does not exist if and to the extent that the
information / objects concerned

  • are generally known or
  • become generally known through no fault of the partner concerned or
  • was or will be obtained from a third party without any obligation of confidentiality or
  • already exist with the partner concerned or
  • have been or are being developed independently by the receiving partner independently of the

Insofar as information has to be released due to the law or an official / judicial order, this disclosure
does not constitute a violation of the confidentiality obligation. Clause obligation unaffected.

12. Term and Termination

12.1. Basic contract:
The basic contract comes into force when the contract is concluded and is concluded for an indefinite
period. It can be terminated at any time by ordinary notice giving 14 days' notice to the end of the
month. It is equivalent to a proper termination by the customer if he / she deletes his / her account.
The right to extraordinary termination remains unaffected.

12.2. Product contract:
 a. The term of the product contract comes into effect when the product contract is concluded and
ends after the term specified in the respective product. A possible termination of the basic contract
does not affect the term of the product contract and all related rights and obligations.

 b. If there is an important reason, KIT and the customer have the right to extraordinary termination
of the product contract. An important reason justifying termination without notice exists in
particular if compliance with the deadlines proves to be impracticable due to unforeseeable and /
or inevitable events, in particular cases of force majeure, official requirements or legal

 c. In the event of termination, the KIT will no longer perform any further contractual services from
the time of termination.

 d. If a contractual partner is responsible for the termination without notice, it is obliged to return
the services received from the other contractual partner, whereby the consideration granted by
him is to be offset at its market value. If the contractual partner who is obliged to reimburse is
unable to reimburse due to the nature of the services received or for other reasons, he / she has
to compensate the market value of the services received. The contractual partner entitled to
terminate the contract without notice retains the right to claim further damage.

13. Transfer of Right and Obligations

Rights and obligations from this contract - unless otherwise stipulated in the contract - can only be
transferred to third parties or left for exercise with the prior written consent of the other contracting party.

14. Good conduct

14.1. KIT and the customer are obliged to comply with German laws and regulations, in particular the
relevant anti-corruption regulations. In addition, they commit themselves to responsible and ethical
behavior towards employees, society and the environment. Any additional regulations of a contracting
party in connection with ethics and the prevention of corruption require the express written
contractual inclusion in the contract in order to apply to the other contracting party.

14.2. As a corporation under public law, KIT is committed to absolute integrity and neutrality. When
initiating and executing this contract, the customer therefore undertakes to refrain from anything that
could call this integrity and neutrality into question; in particular, he / she will give the KIT and its
employees any appearance of possible influence on its performance of administrative actions fail. With
regard to university autonomy, he / she will ensure that there is no inadmissible influence on academic
or scientific matters of KIT.

14.3. The contracting parties are required to consider the interests of the other contracting party that
are worthy of protection, in particular their reputation. The stated obligations continue to apply even
after the termination of this contract.

14.4. The contracting parties will inform each other immediately of all circumstances that could be of
importance for the implementation of this contract.

15. Publication of the Grant

The customer is aware that KIT as a public corporation must meet the requirements of the joint
arrangement of the ministries for the promotion of activities of the state through private services (AnO
sponsoring). Against this background, the customer declares that he / she agrees that the KIT reports the
type and amount of the grant, the intended use and the customer to the state government and the MWK
and the relevant ministries these data with regard to product contracts to be concluded publish in the
report of the state government on grants received, insofar as the AnO sponsoring is relevant in the specific
During the ordering process, the customer declares whether he / she has personal data within the meaning
of the Baden-Württemberg State Data Protection Act or the General Data Protection Regulation transmits
and declares his / her consent to publication in the aforementioned sense by confirming the associated
declaration of consent. The customer can refuse this consent. In this case the donation will be published

16. Data protection

The relevant data protection regulations in the currently valid version, in particular those of Regulation
[EU] 2016/679 (General Data Protection Regulation, GDPR) as well as the BDSG and the LDSG, must be
observed by the partners. The exchange of personal data between the partners is limited to the
contractually stipulated data as well as personal data of employees of the partners, insofar as their
processing is necessary for the execution of the contract.

17. Final provisions

17.1. All previous agreements between the contractual partners on the respective subject matter of the
contract are replaced by this contract; verbal side agreements do not exist.

17.2. Rights and obligations from the contract can only be transferred to third parties or left to exercise
with the prior written consent of the other.

17.3. The contracting parties will try to amicably resolve any differences of opinion that may arise.
Otherwise, Karlsruhe is agreed as the place of jurisdiction and German law applies to the exclusion of
the UN sales law.

17.4. Should individual provisions of this contract be or become ineffective in whole or in part, this does
not affect the effectiveness of the rest of the contract. In this case, the contracting parties undertake
to retrospectively replace the ineffective or unenforceable provision with an effective or enforceable
provision that comes as close as possible to the sense and purpose of what is economically intended.
The same applies in the event of a loophole.

17.5. The service descriptions belonging to the respective concluded product contract specify the above
Products. They are an integral part of the agreement. In the event of contradictions between these
GCC and the regulations mentioned in the service descriptions, which cannot be eliminated by
interpretation, the contractual regulation applies first, then the contractual regulation in the service