1. Scope of validity
1.1 These terms and conditions of IITR Datenschutz GmbH (Eschenrieder Str. 62c, 82194 Gröbenzell, hereinafter “IITR”) apply to orders of online products (Data Protection Kit, Compliance Kit, eLearning) offered by IITR. The incorporation of the customer’s own terms and conditions is hereby excluded unless otherwise agreed.
1.2 Customers as understood by clause 1.1 are limited to businesses, a business being any adult natural or legal person or a partnership with legal capacity performing independent professional or trade work in the execution of a legal transaction.
2. Contractual agreement
2.1 The description of the online products published on IITR’s website and the related order forms allow the customer to request an offer from IITR.
2.2 After reviewing the order form, IITR will typically send the customer an offer for the order which the customer can accept by countersigning the submitted offer. IITR will decide in its sole discretion whether or not to submit such an offer.
The particular order forms, available on the product order website, list the prices of the goods and services ordered by the customer.
4. Commissioned data processing
If the customer uses IITR’s online products without also opting for the services of a data protection officer, then the customer will be obligated in advance either (a) to obtain the consent of the data subject whose data might be processed in the online products or (b) to contact IITR at email@example.com in order to sign a commissioned data processing agreement.
5. Applicable law
5.1 The laws of the Federal Republic of Germany, excluding statutes on the international sale of movable goods, apply to all legal relations between the parties.
5.2 If the customer is a merchant, public law legal person or public law special fund, then exclusive jurisdiction for all disputes arising from this agreement will be based on IITR’s registered office. The same will apply if the customer does not have a general place of jurisdiction in Germany or the EU or the domicile or customary abode are unknown at the time when legal action is filed. The right also to invoke the court at a different statutory place of jurisdiction remains unaffected thereby.