Adjustment and Agreement

(2) Where a contractor suffers a loss (and not just a decrease in expected profits) under a defence contract as a result of State measures, the nature of the measure generally determines whether an adjustment to the contract is made and its scope. If the government directs its action primarily to the contractor and acts in its capacity as another party, the contract may be amended in the interests of fairness. Thus, if the government`s action, without giving rise to any liability on the part of the government, increases the cost of performance and results in a loss for the contractor, equity can make an appropriate adjustment. The date of ownership and the date of adjustment of a real estate transaction are usually the same day. The day the buyer takes possession of the property is the day he is supposed to be charged for property taxes, water and other utilities. In most cases, ownership and personalization data occurs the day after completion. 7.2. After the completion of the contractually agreed work or earlier, at the request of the controller, at the latest upon termination of this contract, the processor shall hand over to the controller all documents, results of processing and exploitation as well as data records in connection with the contract that have come into its possession with the controller in accordance with the data protection regulations or destroy them – subject to prior consent. Mortgage funds are usually distributed on the day of adjustment. Once paid, they begin to accumulate interest. Therefore, property buyers who want to avoid being charged mortgage interest before owning the property they acquire will plan their closing (or completion date) the day before an adjustment date or as close as possible to the adjustment date. 9.1.

Subcontracting within the meaning of this contract means services that relate directly to the provision of the main service. This category excludes ancillary services, such as telecommunications services, postal/transport services, user maintenance and support services or the disposal of data carriers, as well as other measures to ensure the confidentiality, availability, integrity and resilience of the hardware and software of data processing systems. However, the processor is obliged to conclude appropriate and legally binding contractual agreements and to take appropriate audit measures to ensure the protection and security of the controller`s data, even in the case of outsourced ancillary services. 9.4. The transmission of personal data from the controller to the processor and its first action are only permitted if all the conditions of the subcontracting are met. The duration of this Agreement and the right of termination are determined by the agreement between the parties in accordance with adjust`s General Terms and Conditions and the respective offer and/or assignment of the Subcontractor. b) Self-service (if applicable) In order to enter into an online contract through Adjust`s self-service portal, the customer must register with Adjust online. Registration must be confirmed by Adjust by sending a confirmation email to the email address provided by the customer. There is no right to registration; Adjust expressly reserves the right to refuse registration without giving reasons.

The Customer`s Adjust user account is activated by the User by clicking on the activation link. The user account is not transferable. The customer must keep the password secret and protect it from misuse by unauthorized third parties. a) Purchase Order In order to perform a contract by means of a purchase order, Customer must send the countersigned purchase order by post or email to Adjust (“Acceptance”). In addition to the provisions contained in the Purchase Order, this Agreement applies. Paid plans: To order a paid plan, the customer must select a plan and click on the “Buy” button to make a firm offer to order the Adjust package. Adjust will confirm receipt of such an order by e-mail. However, such confirmation does not constitute acceptance of the offer. The agreement between Customer and Adjust is entered into when Adjust accepts Customer`s offer in writing, by email or by providing the Adjust Software.

Adjust is not obliged to accept the customer`s offer. 9.3. If the Subcontractor uses subcontractors, the Subcontractor is obliged to transmit the contractual obligations arising from this Contract to these Subcontractors. In particular, the contract with the processor shall include audit and inspection rights for the controller in accordance with the terms of this Agreement. At the written request of the controller, the controller also has the right to obtain information on the essential contractual conditions and the implementation of data protection obligations by the processor, for example. B by revising the respective agreement. 4.5. After the expiry of the contract, the controller is obliged to decide whether the data should be returned or deleted within a reasonable period set by the processor. 5.11. After the expiry of this contract, the processor is obliged to transmit to the controller all personal data provided in relation to the order, which have not yet been processed or deleted, or to provide proof of their correct deletion. (i) An error or ambiguity consisting in the fact that the Agreement, as understood by both parties, is not or clearly expressed in a written contract. The adjustment date also refers to the agreed time to complete the calculation of the specific fees owed by a buyer and seller in a real estate transaction.

The adjustment date serves as the basis on which the common costs of the buyer and seller, such as property taxes, utilities and interest on mortgages, are prorated. Prorated fees are included in the form of debits and credit notes in a correction statement prepared by a lawyer or notary. 3.2. The Controller is solely responsible for compliance with applicable data protection laws, in particular with regard to the transmission of data to the Processor and the processing of data. Due to this responsibility, the controller is entitled to request the deletion or return of the data during and after the expiry of the contractual period. 1.1 The following terms and conditions, including the annexes (“Agreement”), apply to all contracts and services provided between and/or by Adjust GmbH or Adjust KK (“Adjust”) and its customers (“Customer”) with respect to the use of Adjust products and services (collectively the “Services”). This Agreement forms an integral part of any Agreement, unless expressly agreed otherwise in writing. 9.3 These confidentiality obligations do not apply to documents, information and data that are publicly available or that subsequently become known to the public without breach of contract by either party, that must be disclosed by law, court or official order or that have subsequently been released from this obligation of confidentiality by written agreement, by fax or e-mail.

6.1. Before the start of the processing, the Processor will document the implementation of the necessary technical and organisational measures defined before the award of the contract or contract, in particular with regard to the detailed execution of the contract, and submit these documented measures to the Controller for inspection. Upon acceptance by the person responsible, the documented measures become the basis of the contract. To the extent that the inspection/audit by the responsible person reveals the need for changes, these changes will be implemented by mutual agreement. 4.3. The controller has verified the proper processing of its data as well as the technical and organisational measures taken by the processor on site and will continue to verify compliance with these measures and document the results of these audits in writing during the term of the contract. Evidence of such measures, which do not only concern the specific order, may be provided by certificates, reports or extracts from reports of .B independent bodies (e.g. auditor, audit, data protection officer, IT security department, data protection auditors, quality auditors) or by appropriate certification by IT security or data protection audits. The right to immediate termination for cause remains unaffected.

In particular, Adjust has the right to terminate this Agreement with immediate effect 5.1 The fees for the services used by the Customer are set out in the respective order form and/or in Adjust`s applicable price list. Unless expressly stated otherwise, all fees are exclusive of applicable statutory value added tax. If the customer places an order through his customer account in the self-service portal, Adjust accepts the payment methods indicated in the customer account (e.B. Payment by credit card). When paying by credit card, the deposited credit card will be charged the amount indicated in the agreed order….