General Terms and Conditions (GTC)
for certification according to ISO 9001, ISO 14001 and ISO 27001 by DICIS according to the guidelines of the BVUZ (Federal Association of Independent Certification Bodies), as well as the use of the software for creating documentation
as of January 1, 2025
1. Subject matter of the contract
1.1. These GTC apply to the certification of companies according to the worldwide standards for quality management ISO 9001, ISO 14001 and ISO 27001, the use of the software to create standard-compliant documentation and the associated training.
1.2. Certification is carried out by the DICIS® Institute (Digital Institute for Certification of International Standards) on the basis of a certification audit (third-party audit).
The DICIS® Institute is a member of the BVUZ (Bundesverband unabhängiger Zertifizierungsstellen e.V.) (Federal Association of Independent Certification Bodies) (www.bvuz.de) and is committed to complying with particularly high-quality criteria at all times. These can be found on our website and on the website of the BVUZ.
1.3. The software is operated by Innolytics® AG (parent company of the DICIS® Institute) as a SaaS or cloud solution. The customer is enabled to use the software stored and running on the provider’s servers or those of a service provider contracted by the provider via an internet connection for their own purposes during the term of this contract and to store and process their data with its help.
1.4. These terms and conditions shall apply exclusively. The customer’s terms and conditions shall not apply. Counter-confirmations by the customer with reference to his own terms and conditions are expressly rejected.
2. Services
Innolytics® AG provides the customer with the agreed version of its software for use at the router exit of the data center in which the server with the software is located (“transfer point”). The software, the computing power required for its use, and the necessary storage and data processing space are provided by Innolytics® AG. Innolytics® AG is not responsible for establishing and maintaining the data connection between the customer’s IT systems and the described transfer point.
With the help of the software, the customer is offered an AI-supported structure of the management systems ISO 9001, ISO 14001 or ISO 27001. Conformity is verified by a certification audit and proven by an online profile, a report and a certificate.
Certification is carried out by auditors of the DICIS® Institute. By separating the provision of services for implementing the requirements of the standard and those for obtaining certification, Innolytics® AG and the DICIS® Institute implement the requirements of the ISO as well as the quality criteria of the BVUZ (evaluation, audit, inspection).
2.1. Step 1: Compiling documentation online
In the first step, the customer can use an online tool to create all the necessary documents for certification according to ISO 9001, ISO 14001 and ISO 27001. This fulfills an essential prerequisite and requirement of the ISO standards: a description of how the company implements the requirements. The customer has the option of obtaining a basic certificate (preliminary stage of certification), which includes the creation of a document and the existence of the basic principles of the respective management system. This certificate is issued on the basis of a so-called first party audit, an internal conformity assessment by the customer according to ISO 19011 (auditing of management systems).
Clients are given the opportunity to embed the basic certificate directly into their website. For this purpose, the client receives a seal of quality with an embedding code that links to the client’s ISO online profile, a manual and the client’s certificate. The basic certificate does not yet constitute an audited certification.
The validity of the basic certificate is limited to 30 days in the free version. If Innolytics AG and the customer enter into a contract for further use, the validity period is limited to the duration of the contract. If the customer terminates the offer prematurely, the validity period is set to the last day of the contract. The online profile is then deleted. Any use of the licensed content beyond the term of the contract is prohibited.
Billing is carried out by the service provider Digistore24 according to the conditions specified on the order form.
2.2. Stage 2: Implementing the management system in practice
Immediately after the documentation has been created (basic certificate), the data is transferred to a software that enables the documents belonging to the management system (e.g. work instructions, process descriptions, audits and management reviews) to be created with the help of an AI assistant. The customer is supported by learning videos, e-learning content and regular e-mails with instructions.
The platform can be used as part of a free 30-day trial. To enable the integrated AI service to create customized documents, the customer is asked to enter a company description. The customer receives tips on how to structure a meaningful company description and is responsible for creating it.
As part of the preparation for the certification audit, the customer receives information that can be used to check whether all the requirements of the standard have been implemented.
2.3. Step 3: Certification
The third step is a certification according to ISO 9001, ISO 14001 and / or ISO 27001 certification based on an online certification audit. This is an independent certification according to the quality criteria of the Federal Association of Independent Certification Bodies (BVUZ).
During the certification audit, the auditor checks to what extent the requirements of the ISO standard are implemented in the documentation and whether they are applied in practice. The customer has no right to certification if the auditor finds significant deviations from the requirements. This is particularly the case if a chapter of the ISO standard has not been fully met.
In the case of non-critical deviations or partial fulfillment of standard chapters, certification can be granted if the company works largely in accordance with the requirements of the standard. The deviations are recorded in a certification report.
If the certification audit reveals that certification cannot yet be granted, the customer has the opportunity to rework the points in question. The contract includes a certification audit lasting between 90 and 120 minutes and a repeat audit lasting 60 minutes. Further repeat audits will be charged at 350 euros per audit.
Certification
3. Availability of the software
3.1. As the operator of the software, Innolytics® AG would like to point out that restrictions or impairments of the services provided may arise that are beyond our control. These include, in particular, actions by third parties not acting on our behalf, technical conditions of the internet that we cannot influence, and force majeure. The hardware, software and technical infrastructure used by the customer can also affect the performance of the software. Insofar as such circumstances affect the availability or functionality of our services, this has no effect on the contractual conformity of the services provided.
4. Rights to data processing / data security
4.1. Innolytics® AG and the DICIS® Institute comply with the legal data protection regulations. Our data protection declaration can be found here.
4.2. The customer grants DICIS® and Innolytics® AG the right to duplicate the data to be stored by us for the customer for the purpose of fulfilling the contract, insofar as this is necessary to provide the services owed under this contract. Our server locations are in Germany. As technical service provider Innolytics® AG is authorized to store data in a separate back-up system or data center. For troubleshooting purposes Innolytics® AG is further authorized to make changes to the structure of the data or the data format.
4.3. Innolytics® AG regularly backs up the customer’s data on our servers to an external backup server located in Germany.
4.4. If and to the extent that the customer processes or has processed personal data on IT systems for which Innolytics® AG is technically responsible, a data processing agreement may need to be concluded.
5. Support
5.1. A support case exists if the software does not fulfill the contractual functions according to the product description. The way in which the error is reported depends on the scope of the support services.
5.2. If the customer reports a support case, they must provide a description of the respective malfunction that is as detailed as possible in order to enable the most efficient error correction.
6. Remuneration
6.1. The payment period and amount of remuneration, as well as the method of payment, are based on the offer accepted by the customer.
6.2. If customer delays payment of a due fee by more than four weeks, Innolytics® AG is entitled to block access to the software after prior reminder with setting of a deadline and expiration of the deadline. Innolytics® AG’s claim for payment remains unaffected by the blocking. Access to the software will be restored immediately after the outstanding amounts have been paid. The right to block access also exists as a milder remedy if Innolytics® AG has the right to extraordinary termination in accordance with section 11.2.
7. The customer's obligation to cooperate
7.1. The customer shall support the DICIS® Institute and Innolytics® AG in providing the contractual services to an appropriate extent. In particular, the customer is responsible for adapting the contents of the Innolytics software for management systems to his specific requirements in order to achieve conformity with standards.
7.2. The customer must keep secret the access data provided to him and ensure that any employees to whom access data is provided also do the same. The provider’s services may not be made available to third parties unless this has been expressly agreed by the parties.
8. Guarantee / Complaints procedure
8.1. In principle, the statutory provisions for warranty apply. §§ 536b (Tenant’s knowledge of the defect at the time of conclusion of the contract or acceptance), 536c (Defects occurring during the rental period; notification of defects by the tenant) BGB (German Civil Code) apply. However, the application of § 536a para. 2 (tenant’s right to rectify the defect himself) is excluded. The application of § 536a para. 1 BGB (landlord’s liability for damages) is also excluded insofar as the standard provides for strict liability.
8.2. Any organization or person has the right to submit a complaint to the BVUZ if DICIS®, a person employed by DICIS® or a person contracted by DICIS® violates one or more of the points in these quality criteria. The complaint can be submitted directly on the BVUZ website (www.bvuz.de/beschwerden/).
9. Liability and compensation
9.1. Innolytics® AG is liable for damages incurred by the customer that were caused intentionally or by gross negligence, are the result of the absence of a guaranteed characteristic, are based on a culpable breach of material contractual obligations (so-called cardinal obligations), are the result of a culpable injury to health, body or life, or for which liability is provided under the Product Liability Act, in accordance with the statutory provisions.
9.2. Cardinal obligations are those contractual obligations whose fulfillment is essential to the proper execution of the contract and on whose fulfillment the contractual partner may regularly rely, and whose violation on the other side endangers the achievement of the purpose of the contract.
9.3. In the event of a breach of a cardinal obligation, liability – insofar as the damage is based solely on slight negligence – is limited to such damages as might typically be expected to arise from the use of the contractual software.
9.4. Otherwise, liability is excluded, regardless of the legal basis.
9.5. If the customer suffers damage as a result of data loss, the provider shall not be liable for this if the damage could have been avoided by the customer making regular and complete backups of all relevant data. The customer shall carry out regular and complete data backups or have them carried out by a third party and is solely responsible for doing so.
10. Customer data, copyright and exemption from third-party claims
10.1. Innolytics® AG provides the customer with content (templates for the documentation of management systems) via its software, which the customer can adapt and use for themselves and their challenges. The contents are protected by copyright according to §2 of the German Copyright Protection Act (UrhG). Within the framework of the contractual relationship, customers may adapt these and use them for their purposes. Disclosure to third parties or commercial use is not permitted. Templates modified and adapted by the customer may continue to be used by the customer for internal purposes even after the contract has ended.
10.2. In providing their services, Innolytics® AG and the DICIS® Institute comply with the copyright provisions of the ISO and the BVUZ. Customers are not entitled to use the BVUZ logo independently on their website. This includes, in particular, the obligation of the customer to use or reproduce certificates that contain the member logo only in full and not in cut-out or modified form.
10.3. Innolytics® AG, as a technical service provider, stores content and data for the customer that the customer enters and stores when using the software and makes available for retrieval. The customer is obliged not to upload any content or data that is punishable by law or otherwise illegal, either absolutely or in relation to individual third parties, and not to use any programs containing viruses or other malware in connection with the software. The customer remains the responsible party with regard to personal data and must therefore always check whether the processing of such data through the use of the software is covered by the relevant permissions.
10.4. Customer is solely responsible for all content used and data processed as well as any legal positions that may be required for this. Innolytics® AG does not take note of any content provided by customer and generally does not check the content used by customer with the software – unless explicitly requested by customer as part of a support contract.
10.5. The customer is obliged to indemnify Innolytics® AG from any liability and any costs, including possible and actual costs of legal proceedings, if Innolytics® AG is held liable by third parties, including employees of the customer personally, as a result of alleged actions or omissions by the customer. Innolytics® AG will inform the customer about such claims and, as far as legally possible, give him the opportunity to defend himself against the asserted claim. At the same time, the customer will immediately provide Innolytics® AG with all available information regarding the facts of the case which is the subject of the claim.
10.6. Further claims for damages on the part of Innolytics® AG remain unaffected.
11. Contract duration and termination of the contract
11.1. The contract period is based on the offer sheet.
11.2. Both parties reserve the right to extraordinary termination for good cause if the legal requirements are met. Good cause for Innolytics® AG shall be deemed to exist in particular if the customer is more than two months in arrears with the payment of a due remuneration despite a reminder. If the customer is responsible for the reason for termination, the customer is obliged to pay Innolytics AG® the agreed remuneration, minus the expenses saved by the provider, up to the date on which the contract would end at the earliest in the event of an ordinary termination.
11.3. Notices of termination must be in writing to be effective. Compliance with this form is a prerequisite for the effectiveness of the termination. An e-mail with the subject “termination” to the following e-mail address is sufficient: zertifizierungsteam(at)dicis.org. If the booking was made through the service provider digistore24, the terms and conditions of the service provider apply.
12. Referencing
12.1. The DICIS® Institute and Innolytics® AG may use the customer’s name and logo as a reference.
13. Transfer of rights and duties
13.1 The assignment of rights and duties under this contract is only permissible with the prior written consent of Innolytics AG. Innolytics® AG is entitled to entrust third parties with the fulfillment of the obligations under this contract.
14. Miscellaneous
14.1. This agreement and any changes to it, as well as all declarations, notifications and documentation obligations relevant to the contract, must be made in writing, unless another form has been agreed or is required by law.
14.2. The contract is subject to the laws of the Federal Republic of Germany excluding the United Nations Convention on Contracts for the International Sale of Goods. Place of jurisdiction is the domicile of Innolytics® AG, provided that the customer is a merchant, a legal entity under public law or a special fund under public law.
14.3. Should any individual provisions of these GTC be invalid, the validity of the remaining provisions shall not be affected. In this case, the parties shall work together to replace the invalid provisions with provisions that correspond as closely as possible to the invalid provisions.