General Terms and Conditions (GTC)

1. GENERAL

1.1 Our General Terms and Conditions (GTC) are an integral part of the contract and apply to the use of the website find-hacker.com (hereinafter “Website”) and to all, including future, transactions and services of Mandel VC GmbH with its clients for consulting, support, brokerage and auditing services in the field of IT security and data protection. They are accepted by the client in full.

1.2 Deviating, conflicting or supplementary general terms and conditions are hereby rejected and shall not become part of the contract. These GTC shall also apply exclusively if we provide our services without reservation in the knowledge of conflicting GTC of the customer.

1.3 Mandel VC GmbH shall be entitled to amend the GTC. The current version of the GTC is available on the Mandel VC GmbH website and will be sent to the user on request. Amendments shall also take effect for existing contractual relationships upon renewed use.

1.4 Customers within the meaning of these GTC are both entrepreneurs and consumers.

1.5 Entrepreneurs are, in particular, natural or legal persons or partnerships with legal capacity who, when concluding a legal transaction, are acting in the exercise of their commercial or independent professional activity.

1.6 Consumers are natural persons who conclude the legal transaction for a purpose that cannot be attributed to their commercial or independent professional activity.

2. DISTRIBUTION PARTNERS

The contract is concluded with:

Mandel VC GmbH c/o Audat Akazienstr. 3a 10827 Berlin

E-mail: help@find-hacker.com

3. CONCLUSION OF CONTRACT

3.1 Offers made by Mandel VC GmbH are non-binding and merely represent an invitation to the client to place an order. A contract shall only be concluded upon acceptance of the order by means of an order confirmation by Mandel VC GmbH by e-mail. If the customer does not receive an order confirmation within 2 days, the order has not been accepted by Mandel VC GmbH and therefore no contract has been concluded.

3.2 Mandel VC GmbH is entitled to have the contract executed in whole or in part by third parties.

4. OBLIGATIONS OF THE CLIENT

4.1 The client warrants that the data provided to Mandel VC GmbH is correct and complete. He undertakes to inform Mandel VC GmbH immediately of any changes to the data and to reconfirm the current accuracy within 14 days of receipt upon request by Mandel VC GmbH. This applies in particular to the name and postal address of the client, name, postal address, e-mail address and telephone and fax number of the administrative and technical contact person.

4.2 The client is obliged to inform Mandel VC GmbH immediately, but at the latest on the same day, of any faults he recognizes in connection with the services of Mandel VC GmbH, including the detailed circumstances of their occurrence. Later complaints cannot be considered.

4.3 The client shall carry out a complete data backup, in particular before any work is commenced by Mandel VC GmbH. Mandel VC GmbH shall not be liable for any loss of data.

4.4 Violations by the client of his obligations arising from the aforementioned points shall entitle Mandel VC GmbH to terminate the contract without notice.

4.5 The client warrants that the information (“content”) transmitted by him to Mandel VC GmbH complies with these terms and conditions. In particular, that the rights of other persons may not be infringed, that it is not illegal content and that the content does not lead to legal action against another person (in any case in any jurisdiction and under any applicable law). In individual cases, the Content must not be:

Be defamatory or maliciously false;
be obscene or indecent;
infringe any copyright, moral right, database right, trademark right, design right, right of publicity or other intellectual property right;
infringe a right of confidence, a right of privacy or a right under data protection legislation;
constitute negligent advice or contain a negligent statement;
constitute an incitement to commit a criminal offense, an instruction to commit a criminal offense or the encouragement of criminal activity;
constitute contempt of court or a breach of a court order;
contravene racial or religious hatred or discrimination legislation;
be blasphemous;
be in breach of official secrets legislation;
breach a contractual obligation to any person;
depict violence in an explicit, graphic or gratuitous manner;
be pornographic, lewd, suggestive or sexually explicit;
be untrue, false, inaccurate or misleading;
consist of or contain instructions, advice or other information which, if followed, may cause illness, injury or death or other loss or damage;
constitute spam;
be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
cause annoyance, inconvenience or needless anxiety to any person.

5. OBLIGATIONS OF MANDEL VC GMBH

5.1 Mandel VC GmbH shall analyze and categorize potential IT security risks and suitable countermeasures.

5.2 Mandel VC GmbH owes the provision of services by competent and qualified personnel.

5.3 If Mandel VC GmbH does not provide its services in a reasonable manner in accordance with the contract (service disruption) and if the client has notified Mandel VC GmbH of this in good time in accordance with Clause 4.2, Mandel VC GmbH shall be entitled to provide the services owed in accordance with the contract within a reasonable period of time. If the disruption in performance is due to an intentional or grossly negligent breach of the obligations incumbent upon Mandel VC GmbH, Mandel VC GmbH may not invoke the fact that the client did not give notice of the disruption in performance in good time in accordance with Clause 4.2. Mandel VC GmbH may refuse to remedy the defect if this is unreasonable for it, in particular due to disproportionate costs.

5.4 Mandel VC GmbH does not owe any consulting success.

6. TERMS OF PAYMENT

6.1 The remuneration for the services of Mandel VC GmbH, insofar as it is not already stipulated in the contracts, shall be calculated in accordance with the Mandel VC GmbH price list valid at the time of the order (which can be viewed on the website). Deviations from this require written agreement. All prices are subject to VAT, unless VAT is expressly included in the price shown or the place of performance is abroad.

6.2 Where services are provided by Mandel VC GmbH on a permanent basis, invoicing shall take place on a monthly basis.

6.3 Invoices shall be sent exclusively in digital form in agreement with the client. Duplicates in paper form can be requested for a fee of EUR 2.

6.4 The customer may only raise objections to the invoice in writing within one week of receipt of the invoice. If such objections are not raised within this period, the scope and amount of the invoice shall be deemed accepted.

6.5 Flat-rate usage fees are due for payment in advance on the first working day of each month.

6.6 Offsetting against payment claims of Mandel VC GmbH is only permitted with undisputed or legally established claims.

7. RETENTION OF TITLE

The delivered goods shall remain the property of Mandel VC GmbH until full payment has been received.

8. PAYMENT; DEFAULT; ELECTRONIC INVOICE

8.1 The customer can pay the purchase price by credit card, direct debit, Paypal, instant bank transfer or on account. When paying by credit card or PayPal, the time of payment corresponds to the time of the order. If the payment service provider “PayPal” is used, payment is processed via

PayPal (Europe) S.à r.l. et Cie, S.C.A.
22-24 Boulevard Royal
L-2449 Luxembourg,

subject to the PayPal Terms of Use, available at www.paypal.com. This requires, among other things, that the customer opens a PayPal account or already has such an account.

8.2 In the event that the credit card charge is rejected, the customer undertakes to pay the price plus any costs incurred within 10 days of receipt of the service. These costs include, among other things, the costs incurred due to the revocation of the credit card charge.

8.3 When paying by instant bank transfer, the customer can initiate the payment of the ordered goods via his online banking account during his order. After selecting the payment method Sofortüberweisung in the order process, the customer is taken directly to the secure payment form of Sofort GmbH, Fußbergstraße 1, 82131 Gauting. Sofort GmbH automatically takes over the payment process, which is comparable to an EC card payment with PIN, without any possibility of inspection. As with an EC card payment, Sofort GmbH checks the account’s credit limit and makes a transfer to Kercher if there are sufficient funds in the account. In addition, the Sofort GmbH system checks in around 30 percent of cases whether previous payments have been booked with Sofortüberweisung in order to rule out systematic fraud. To carry out an instant bank transfer, Sofort GmbH requires the customer’s name, bank sort code and account number as well as the PIN and TAN of the online banking account. Only the customer’s name, bank sort code, account number, purpose, amount and date of the transfer are stored. Not, however, the account’s credit limit or balance or past transactions. In the event of a successful transaction, Mandel VC GmbH only receives an automated confirmation from Sofort GmbH in real time that the transfer has been executed.

9. WARRANTY

9.1 In the event of a material defect in the purchased item, the statutory provisions shall apply in principle, in particular in accordance with the German Civil Code (BGB). This means that the customer can first and foremost demand subsequent performance, i.e. subsequent delivery or rectification of the defect, at his discretion. If the other legal requirements are met, the customer is entitled to reduce the purchase price or withdraw from the contract.

9.2 The following applies to the use of services: If there are defects from the client’s point of view, these must be justified accordingly. Mandel VC GmbH agrees, without legal obligation, to refund 50 percent of the payment made by the client for the online emergency assistance if the problem cannot be solved. The 50 percent withheld merely represents the costs incurred.

10. DEFAULT OF PAYMENT

Reminders are sent every 10 days. A reminder and administration fee of EUR 5.00 will be charged for each reminder. If the payment deadline is exceeded, interest on arrears will also be charged at the statutory rate. Costs incurred as a result of reminders, in particular collection costs or legal fees to determine the identity of the customer based on the available data, e.g. IP address of the order, shall be charged to the customer in addition. Furthermore, Mandel VC GmbH may withhold any further services and withhold all remuneration for the services provided to date.

11. TERM OF CONTRACT AND TERMINATION

11.1 The term of the contract is set out in Mandel VC GmbH’s offer. Contracts for the services of Mandel VC GmbH shall enter into force with the first act of performance or with their signing.

11.2 Fixed-term contracts shall end upon expiry without the need for termination. Open-ended contracts may be terminated by either party at the end of any year without giving reasons, subject to a 3-month notice period. However, the minimum term is one year.

11.3 The right to terminate for good cause remains unaffected. Good cause for Mandel VC GmbH shall be deemed to exist in particular if

the client violates his contractual obligations to a considerable extent,
the client is in arrears with payments for more than one month despite the setting of a deadline,
the client becomes insolvent or
insolvency proceedings are opened against the customer’s assets.

11.4 Ordinary or extraordinary terminations must be made in writing to be effective. The burden of proof for the receipt of the termination shall be borne by the terminating party.

12. WEBSITE AND CONTENT

12.1 The website in its entirety and in its parts is the property of Mandel VC GmbH and is protected by copyright.

12.2 Mandel VC GmbH is free to design its content and is entitled to change, expand or completely discontinue the service offered at any time. The user cannot derive any legal claim whatsoever for the future from the provision of a service or the website.

12.3 Mandel VC GmbH makes every effort to provide its services on the website in the best possible quality, but can only provide these services in accordance with the existing technical, economic, operational and organizational possibilities. Mandel VC GmbH accepts no liability – either expressly or implicitly – for the correctness, completeness, reliability and up-to-dateness or for the usefulness of the contributions retrieved for the user.

13. TERMS OF USE

13.1 The user acknowledges that all content included in or made available through any find-hacker.com service, such as text, graphics, logos, button icons, images, audio clips, digital downloads and data compilations, is the property of find-hacker.com or third parties who supply content or make content available on the website and is protected by German copyright and database right laws. Any infringement of these copyrights may be prosecuted in criminal and civil courts.

13.2 The user may not systematically extract and/or reuse parts of a service from this website without the express written consent of Mandel VC GmbH. In particular, no data mining, robots or similar data collection and extraction programs may be used to extract any substantial parts of a service from find-hacker.com for reuse (whether once or several times).

13.3 Any use beyond the private sphere (in particular reproduction for commercial purposes, including archiving, for transfer to or processing by third parties for own or third-party purposes or for public reproduction as well as for translation, editing, arrangement or other reworking) requires the prior written consent of Mandel VC GmbH.

13.4 Use of the Website is only permitted to persons who are at least 16 years old. Users under the age of 16 may not use the Website. By using the website or agreeing to these terms and conditions, the user declares that he/she is at least 16 years old. Mandel VC GmbH is entitled at any time to ask the user to prove that he or she has reached the age of 16.

14. LIABILITY

14.1 Mandel VC GmbH shall be liable without limitation in accordance with the statutory provisions for intentional or grossly negligent damage caused by its legal representatives and authorized employees as well as for damage resulting from culpable injury to life, limb or health.

14.2 Mandel VC GmbH shall be liable for such damages that are not covered by Section 14.1 and that are caused by slight negligence, insofar as this negligence concerns the breach of contractual obligations, the fulfillment of which is essential for the proper execution of the contract and on the observance of which the client may regularly rely (so-called cardinal obligations). Mandel VC GmbH’s liability shall be limited to the foreseeable damage typical of the contract.

14.3 Otherwise, the liability of Mandel VC GmbH is excluded. In particular, Mandel VC GmbH shall not be liable in cases of force majeure. Cases of force majeure are in particular

Computer sabotage by a third party,

spying and interception of data as a result of circumvention of the security system
by third parties at the certification body
Circumvention of the security system at Mandel VC GmbH or the customer, insofar as
the security system corresponds to the current state of the art at that time and is customary in the market,
Forces of nature,
fire,
failure of communication networks,
official orders.

14.4 Mandel VC GmbH shall not be liable pursuant to Sections 14.1 and 14.2 for such damages that are based on the breach of obligations by the client, in particular the client’s obligation to back up its data.

14.5 Claims for compensation shall become time-barred one year after performance of the service. If the claims for compensation are based on intent or gross negligence, an assumed guarantee or fraudulent concealment by Mandel VC GmbH, the statutory limitation periods shall apply.

15. CANCELLATION POLICY

If the customer is an entrepreneur within the meaning of § 14 BGB, he is not entitled to a right of withdrawal. Customers who are consumers have a right of withdrawal in accordance with the following provisions:

15.1 Right of withdrawal

You have the right to withdraw from this contract within fourteen days without giving any reason. The withdrawal period is fourteen days from the date of conclusion of the contract.

To exercise your right of withdrawal, you must contact us at

Mandel VC GmbH c/o Audat Akazienstr. 3a 10827 Berlin

E-mail: help@find.hacker.com

of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail). You can use the attached sample withdrawal form, but this is not mandatory. To meet the withdrawal deadline, it is sufficient for you to send your notification of exercising your right of withdrawal before the withdrawal period has expired.

15.2 Consequences of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 days from the day on which we are informed about your decision to withdraw from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; under no circumstances will you be charged any fees for this repayment.

Irrespective of a revocation, the customer must pay Mandel VC GmbH an amount of at least 50 percent of the emergency aid amount for services used during the revocation period.

Expiry of the right of withdrawal:

The right of withdrawal expires if we have provided the service in full and have only started to perform the contract after

1. you have expressly consented to us commencing performance of the contract before expiry of the withdrawal period, and
2. you expressly confirm before the start of performance that you are aware that you will lose your right of withdrawal upon complete fulfillment of the contract by us.

Sample withdrawal form

If you wish to withdraw from the contract, please complete this form and return it to

Mandel VC GmbH c/o Audat
Akazienstr. 3a
10827 Berlin

E-mail: help@find-hacker.com

I/we (*) hereby revoke the contract concluded by me/us (*) for the provision of the following service

Ordered on (*)/received on (*)
_________________

Name of the consumer(s)

_________________

Address of the consumer(s)

_________________

16. DATA PROTECTION

16.1 Mandel VC GmbH collects, processes and stores personal data of a user to the extent necessary for the establishment and execution of the contract and for billing purposes.

16.2 In particular, Mandel VC GmbH shall not pass on the user’s personal data to third parties without authorization. The details of the collection, processing and storage of the user’s data are regulated in the data protection provisions (data protection declaration) of Mandel VC GmbH.

17. ALTERNATIVE DISPUTE RESOLUTION

17.1 The EU Commission provides a platform for online dispute resolution on the Internet at the following link: https://ec.europa.eu/consumers/odr

This platform serves as a contact point for the out-of-court settlement of disputes arising from online purchase or service contracts in which a consumer is involved.

17.2 Mandel VC GmbH is neither willing nor obliged to participate in dispute resolution proceedings before a consumer arbitration board. If you have any questions or problems, please always contact help@find-hacker.com

18. FINAL PROVISIONS

18.1 Insofar as individual contracts contain deviating provisions, these shall take precedence over the General Terms and Conditions of Mandel VC GmbH.

18.2 The General Terms and Conditions of Business and the written agreements of both contracting parties reflect the agreements of the contracting parties in full. There are no ancillary agreements. Amendments and additions to the contractual agreements must be made in writing.

18.3 Should provisions of these General Terms and Conditions and/or the contract be or become invalid, this shall not affect the validity of the remaining provisions. Instead, each invalid provision shall be replaced by a substitute provision that corresponds or at least comes close to the purpose of the agreement, as the parties would have agreed to achieve the same economic result if they had been aware of the invalidity of the provision. The same applies to incompleteness.

18.4 The local place of jurisdiction for all disputes arising from the contract is Berlin, unless an exclusive place of jurisdiction has been agreed.

18.5 These General Terms and Conditions and the contracts concluded with the customer are subject to German law.

Berlin, 01.01.2021

Mandel VC GmbH Ltd.