TSS (KassenSichV) Addendum

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1. Definitions and Interpretation

This TSS (KassenSichV) Addendum forms part of the Agreement entered into between the Customer and SiteMinder. By clicking “I Agree”, or using the TSS (KassenSichV) feature, the Customer acknowledges that it has read and agrees to this Addendum.

1.1

TSS (KassenSichV) Fee is the monthly subscription charge payable by the Customer for use of the TSS (KassenSichV) feature.

Customer means the person or entity using the Products or Services.

Fiskaly means fiskaly Germany GmbH of Zeilweg 42, 60439 Frankfurt am Main, Germany.

Fiskaly Data has the meaning given in clause 2(b).

KassenSichV means the Kassensicherungsverordnung, a German regulation which determines the technical requirements that apply to electronic recording and security systems, such as cash register systems, to prevent manipulation of basic digital records in business transactions.

Signature means the value generated to certify and secure Transaction Data in respect of a given transaction in the TSS. 

SiteMinder means SiteMinder Limited of Bond Store 3, 30 Windmill Street, Millers Point NSW 200, Australia and its Related Bodies Corporate.

Territory means the Federal Republic of Germany.

Transaction Data has the meaning given in clause 2(a).

TSS has the meaning given in clause 2(a).

Usage Limits has the meaning given in clause 3.1.

Terms and Conditions means SiteMinder’s Little Hotelier standard terms and conditions, available at https://www.littlehotelier.com/legal/terms-and-conditions/. 

1.2

All capitalised terms used but not defined in this Addendum have the meaning given to them in the Agreement.

1.3

Where this Addendum conflicts with any provision of the Agreement, the terms of this Addendum will prevail.

2. Provision of TSS (KassenSichV)

  1. The TSS (KassenSichV) feature is a technical security system (TSS) which cryptographically signs and stores data generated by the Customer’s recording and cash register systems (Transaction Data) for the purposes of the KassenSichV. For the purposes of the Agreement, the TSS (KassenSichV) feature is a Product.
  2. Transaction Data that is signed and stored in the TSS (KassenSichV) feature may be exported by the Customer in a format determined by Fiskaly (Fiskaly Data).
  3. SiteMinder grants the Customer a non-exclusive, non-transferable, non-sublicensable, revocable right to use the TSS (KassenSichV) feature in the Territory for the term of this Addendum.
  4. By using the TSS (KassenSichV) feature, the Customer irrevocably authorises SiteMinder to share Transaction Data with Fiskaly.
  5. The Customer acknowledges that it remains responsible for:
    1. complying with all legal obligations that are imposed on the Customer under the KassenSichV and any other laws relating to sales, taxation and business records;
    2. managing and complying with all requests from authorities, including requests for any information, data, backups and reports in respect of Transaction Data or Fiskaly Data; and
    3. ensuring that it maintains backups and records of any Fiskaly Data.
  6. The functionality of the TSS (KassenSichV) feature may be updated or changed from time to time, without notice to the Customer.

3. TSS (KassenSichV) Service

3.1

The Customer acknowledges that, in each calendar month, the Customer may:
  1. use up to 20,000 Signatures; and
  2. receive on average (pooled) two certificates according to the KassenSichV,
  3. (together, the Usage Limits).

3.2

Without limiting clause 3.5 of the Terms and Conditions, SiteMinder provides no guarantees, representations or warranties with respect to:
  1. the availability, accuracy or completeness of Transaction Data or Fiskaly Data;
  2. the quality, merchantability or availability of the TSS (KassenSichV) feature;
  3. the TSS (KassenSichV) Feature meeting the Customer’s requirements, expectations, or compliance obligations; and
  4. the TSS (KassenSichV) feature or Fiskaly Data being error-free, or that any defects will be corrected.

3.3

Notwithstanding clause 15 of the Terms and Conditions, SiteMinder will have no liability to the Customer in respect of any claim that the TSS (KassenSichV) feature infringes the Intellectual Property Rights of a third party.

4. Fees and Billing

4.1

The Customer must pay the TSS (KassenSichV) Fee and any additional charges to SiteMinder.

4.2

  1. SiteMinder will invoice the Customer in accordance with clause 4.2 of the Terms and Conditions.
  2. If the Customer has exceeded the Usage Limits in respect of the Billing Period, SiteMinder may charge, and the Customer agrees to pay, any additional fees for such excess usage at then current rates.

4.3

The TSS (KassenSichV) Fee may be varied from time to time. If SiteMinder wishes to vary the TSS (KassenSichV) Fee, it will notify the Customer.

5. Suspension and Termination

5.1

SiteMinder may:
  1. suspend the Customer’s use of the TSS (KassenSichV) feature; or
  2. terminate this Addendum, immediately for any reason, including if SiteMinder’s access to the TSS (KassenSichV) feature is suspended or terminated.

5.2

This Addendum will terminate if the Agreement is terminated.

5.3

Any Fiskaly Data that the Customer wishes to retain following termination of this Addendum must be downloaded within 30 days of termination.