Performance specification

1. Definition

1.1. Part of the contract is the construction and structure of a service which enables telemetry and position data of objects to be visualised via the position data of objects which are equipped with the fleet systems. equipped.

1.2. Objects are vehicles, machines and other movable objects equipped with the systems. The equipment with a hardware unit is mandatory for the function of the services.

1.3. The fleet systems are technical devices with which telemetry and position data can be automatically telemetry and position data via the GSM mobile radio network to the web portal. are sent to the web portal via the GSM mobile radio network.

1.4. The web portal is a technical platform that ensures communication with the systems, collects and stores transmitted data, and prepares it for display to the for display to the customer via the Internet. Via the website provided Modern Drive Technology GmbH can control communication with the systems via the with the systems via commands, which are transferred as data to the GSM mobile radio GSM mobile phone network and transmitted by it to the systems.

1.5. Position data is obtained by the systems via satellite positioning. The accuracy of this data depends on the GPS system (Global Positioning System) itself and on the and on the environmental conditions of the systems. An exact transmission of position data transmission can therefore not be guaranteed. The communication between the systems and the web portal takes place via a GSM mobile radio network. Sufficient quality and availability of the radio coverage at the location of the systems and the resulting immediate, error-free data data transmission cannot be guaranteed.

2. Scope of services

2.1. The following terms and conditions govern the use of the systems between the customer and Modern Drive Technology GmbH (hereinafter referred to as "MDT"). Rettichstraße 7, D-92318 Neumarkt) as operator of the services.

2.2. The contract is concluded on the basis of a written contract of use using the form provided for this purpose. the form provided for this purpose and after acceptance by MDT, which takes place at the latest by activation of the service for the customer.

2.3. All ancillary agreements and other agreements must be in writing to be binding. binding nature must be made in writing.

3. Service provision, warranty, liability

3.1. Within the scope of the contract, MDT shall provide the scope of services described in the "Description of Services". scope of services described in the "Service Description".

3.2. MDT is not liable for the regional, temporal and qualitative availability of the GSM mobile telephone network. In particular, MDT shall not be liable for the fact that data can be within a specified time to the mobile telephone network, nor for data data transferred to the network can be delivered to the MDT head office.

3.3. MDT is not liable for the regional, temporal and qualitative availability of signal signal supply by the GPS satellite system. In particular, no liability for the accuracy of the transmitted signals and the positional data calculated position data.

3.4. MDT shall not be liable for the fact that the GSM mobile network as well as the GPS satellite positioning will support the functions listed under "Description of Services" in the future. functions in the future. Should these services or their partial functionality, this shall constitute a case of force majeure over which MDT has no control. which MDT has no influence and which releases MDT from its obligation to perform. released.

3.5. MDT shall not be liable for the successful display of the transmitted data. In particular, no specific format, no specific content and no specific speed of the content and a certain speed of the display of the requested data during the use of the the use of the web portal.

3.6. MDT shall not be liable for damages incurred by the customer through the use of the systems or of the web portal, unless they are based on intent or gross negligence. gross negligence. Insofar as a contractual partner is a company in the within the meaning of §14 BGB (German Civil Code) or a legal person under public law, liability is also excluded for indirect or consequential damage (e.g. loss of profit, loss of savings) is excluded. In this case, the loss of or damage to loss of or damage to data shall not be deemed damage to property and shall not be and does not fall under the possible liability claims. Any claims for damages are limited in this case by the amount of the fees payable to MDT.

4. System access

4.1. For access to the web portal, the customer uses any internet access and a suitable browser software.

4.2. At the beginning of the contract, the customer may personally appoint an administrative contact person. named by the customer. This person shall receive confidential access data for the customer's access data such as user name and password with administration rights. These access data are only known to the contact person. In particular, the password password is to be changed by the administrative contact immediately after for security reasons immediately after the first access.

4.3. The customer has the option of enabling further users to use the web portal by creating further the use of the web portal by creating additional access data. The allocation of further administration rights can only be granted by MDT for data protection reasons. for data protection reasons.

4.4. All users authorised by the customer shall ensure by careful handling of the access data that access data that unauthorised third parties cannot gain any knowledge of this data. gain knowledge of this data.

4.5. The access data entitle the customer or the users authorised by the customer access to and use of the web portal, in particular, depending on the rights rights granted, to query and display received data, to personally configure the personal configuration of the web portal, as well as to set up and manage further users. further users.

4.6. If, due to improper handling of the customer's access data by the customer, unauthorised unauthorised third parties to access the web portal and if costs are caused by the costs are caused by the unauthorised, improper access, the customer shall be liable customer shall be liable for all costs incurred.

4.7. If the customer discovers unauthorised, improper access to the web portal using the access data of his authorised users, he shall inform MDT of this immediately. about this without delay. After receipt of the notification from the access to the web portal with the previous access data as quickly as possible and access data and provide the administrative contact with new access data. provide the administrative contact with new access data. MDT is entitled to charge the customer for the to invoice the customer for the expenditure incurred for this.

5. Hardware, data communication

5.1. The systems will be equipped with a SIM card for the entire duration of the contract. SIM card that enables communication in the GSM mobile network. If data communication is provided to the customer by MDT, this SIM card shall remain the property of MDT. SIM card remains the property of MDT. The removal of this SIM card or its use of this SIM card for purposes other than the application is during the term of the contract.

5.2. If the customer discovers misuse or loss of the SIM card, he/she is to report the misuse or loss to MDT without delay, so that MDT can MDT, so that MDT can prevent further misuse or unauthorised use with unauthorised use by suitable means.

MDT shall be entitled to charge the customer for the associated expenditure. charge.

All communication costs incurred up to the time of notification shall be borne by the customer, all communication costs incurred after receipt of notification shall be borne by MDT. 5.3 The hardware shall remain the property of MDT until payment has been made in full.

Contract- and terms of payment

6. Fees, payment

6.1. MDT shall charge the customer the fees agreed for the use of the services in accordance with the price list valid at the time of the conclusion of the contract at the beginning of each of a calendar month.

6.2. A data transfer is deemed to have been made when the data set has been transferred by the systems to the GSM mobile network. the GSM mobile radio network. The content of the data record is irrelevant.

6.3. We expressly reserve the right to make changes to the usage tariffs. These shall be notified to the customer by MDT in writing and shall apply at the earliest from the 1st of the following month. of the following month. If charges increase, the customer concerned shall be entitled to a special right of termination on the last day of the following month with a period of notice of 14 days' notice. In this case, the following month will be billed at the previous prices. billed.

6.4. The costs for the Internet access used on the part of the customer as well as the browser software is not part of this contract for the use of services. contract for the use of the services.

6.5. Objections to the invoices issued by MDT must be raised immediately, at the latest, however, within 30 days of the date of the invoice. date of the invoice. Failure to raise objections in good time shall be deemed to constitute approval.

6.6. MDT reserves the right to delete all temporarily stored data from the data communication in the GSM radio network. communication in the GSM radio network after a period of 90 days after invoicing. after a period of 90 days after invoicing.

6.7. MDT reserves the right to block the customer's portal access if the customer is is in arrears with all or part of his user fee for more than 30 days or if the payment for more than 30 days or if the direct debit for due fees is not honoured or for reasons for which the Client is responsible. The blocking of does not release the customer from the obligation to pay the fees accrued up to the time of the the time of the blocking as well as the full basic fee for the month in which the blocking takes place, month in which the blocking takes place. The costs incurred for blocking and unblocking will be shall be charged to the customer.

6.8. Usage fees shall be deemed to have been paid if MDT can dispose of the full amount can dispose of the full amount without restriction. Payment with deduction of discounts not agreed discounts shall only be considered as partial payment.

7. Data protection, SCHUFA clause

7.1. MDT may collect, process and analyse customer and personal data on the use of services as far as this is necessary to enable the customer to use the necessary to enable the customer to make use of the desired services or to or to invoice the use. The customer agrees that MDT only for the execution of the services necessary, required data cooperation partners for the processing of the services. for the processing of the services. This includes in particular affiliated companies and service providers for data communication and IT support.

7.2. MDT shall ensure that all customer-related data is protected against unauthorised access or unauthorised access or viewing by third parties. All employees and cooperation partners are bound by confidentiality agreements, not to communicate any customer-related data to third parties.

7.3. The customer shall declare to MDT that he has obtained all the consent of his employees or all persons equipped with the systems and connected to the persons equipped with the systems and connected to the web portal for the personal data, in particular the location-related data, and that he/she expressly data and he expressly authorises MDT to provide the services using and storing this data. services using and storing this data and to pass on the data to the cooperation partners MDT's cooperation partners necessary for the provision of the service. necessary for the provision of the service.

7.4. The customer agrees that MDT may obtain credit information from the SCHUFA company (Schutzgemeinschaft für allgemeine Kreditsicherung) responsible for his place of residence. obtain information about him. Irrespective of this, MDT shall provide SCHUFA with data due to non-contractual processing (e.g. termination due to default of payment, a dunning order applied for in the case of an undisputed claim as well as enforcement measures) of this contract. These reports may data protection act only insofar as this is necessary to safeguard the justified interests of MDT, a contractual partner of the SCHUFA or the general public and thereby the general public and that the customer's interests worthy of protection are not thereby are not impaired.

7.5. SCHUFA stores the data in order to provide the credit institutions affiliated with it, credit card companies, leasing companies, retail companies including mail order companies, and other companies that provide commercial credit to consumers on a commercial basis or offer telecommunication services. telecommunications services, to provide information for assessing the creditworthiness of customers. to be able to do so. Companies that collect receivables on a commercial basis and are contractually affiliated with the SCHUFA, address data may be transmitted for the purpose of debtor address data may be transmitted to companies that collect debts on a commercial basis and are contractually affiliated with the SCHUFA. The SCHUFA only makes the data data to its contractual partners only if the latter can demonstrate a justified interest in the in the transmission of the data. The other companies mentioned proceed in the same way. the other companies mentioned. SCHUFA only transmits objective data subjective value judgements, personal income and financial circumstances are not disclosed in SCHUFA. Personal income and financial circumstances are not included in SCHUFA reports. I can / we can obtain information from SCHUFA about the data concerning me / us stored data concerning me / us. SCHUFA - Schutzgemeinschaft für allgemeine Kreditsicherung Rhein-Saar GmbH, Widdersdorfer Straße 403, D-50933 Cologne.

8. Contract period, termination

8.1 The contractual relationship shall initially be concluded for a period of 24 months. The contractual relationship shall be extended by a further 12 months in each case, unless one of the contracting parties terminates the contract in writing with a notice period of 3 months to the end of the respective contractual year.

8.2. MDT shall be entitled to terminate the contractual relationship prematurely for special without observing a period of notice. Important reasons are in particular the application for and opening of insolvency proceedings, the initiation of an out-of-court or judicial debt settlement proceedings concerning the assets of the the customer's assets, the improper use of the services as well as the default in payment of more than 60 days.

8.3. In the event of premature termination, the outstanding, agreed usage fees shall be agreed usage fees will be charged in one sum and become due immediately.

9. Other

9.1 The law of the Federal Republic of Germany shall apply to all legal relationships between MDT and the customer, irrespective of where the customer retrieves the data provided or where the customer's systems for which data is retrieved are located. As far as legally possible, Neumarkt i.d.Opf. is agreed as the place of jurisdiction or place of performance.

9.2 Amendments and supplements to these contractual terms and conditions shall apply as of their transmission to the customer, in the case of companies within the meaning of §14 of the German Civil Code (BGB) and legal persons under public law as of their implementation or supplementation.

9.3. Should any of the above provisions be invalid or void, the validity of the other provisions or the concluded contract shall not be affected. contract shall not be affected thereby. The invalid provision shall be replaced by a valid provision which which comes closest to the economic purpose of the invalid provision. economic purpose of the invalid provision.