General Terms and Conditions (GTC) of NMMN New Media Markets & Networks Innovations GmbH, hereinafter referred to as NMMN Innovations for the use of the ASP Service Providing service “DGDeT.nmmn.com”. The abbreviation stands for Dangerous Goods Documents eTools. The service assists people in generating dangerous goods documents for the transport of dangerous goods.

1. Scope and definition

1.1 For the use of NMMN Innovations with the ASP service “DGDeT.nmmn.com” (hereinafter referred to DGDeT.nmmn.com) these General Terms and Conditions apply to the user agreement concluded with the customer in the version in force at the time of ordering by the customer.

1.2 Conflicting, deviating or supplementary general terms and conditions of the customer shall not become part of the contract, unless NMMN Innovations expressly agrees to their validity. These General Terms and Conditions shall also apply if NMMN Innovations performs services without reservation in the knowledge of conflicting or deviating terms and conditions of the customer.

1.3 The following terms used in these Terms and Conditions have the following meaning:

• “Eligible User” means a natural person who is entitled to use DGDeT.nmmn.com in accordance with the User Agreement.
• “Customer” is the contractual partner of the contract of use for DGDeT.nmmn.com with NMMN Innovations. Customer may be a natural or legal entity or other institution or entity defined in the User Agreement.
• Session is the period from calling the ASP-Deinst DGDeT.nmmn.com to the logout, timeout or closing of the browser.
• “IATA”: International Air Transport Association
• “DGR”: Dangerous Goods Regulations
• “DGD”: Shipper’s Declaration for Dangerous Goods
• “ADR”: European Convention on the International Carriage of Dangerous Goods by Road (Accord européen relatif au transport international des marchandises Dangereuses par Route)
• “GGVSEB”: Dangerous Goods Ordinance Road, Railways and Inland Navigation
• “RSEB”: Guidelines for the implementation of the Dangerous Goods Regulation Road, Railways and Inland Navigation
• IMDG: International Maritime Code for Dangerous Goods
• “GGVSee”: Ordinance on the Carriage of Dangerous Goods by Sea

2. DGDeT.nmmn.com allows the preparation of dangerous goods dispatcher declarations for the following modes of transport with the corresponding regulations and legal provisions:

• Air transport to IATA DGR
• Road transport according to ADR
• Maritime transport according to IMDG.

2.1 Conclusion of the contract

The presentation of DGDeT.nmmn.com on websites of NMMN Innovations or other websites or in other media is not a binding offer of NMMN Innovations. The customer receives a separate contract for the use of the ASP service DGDeT.nmmn.com.

2.2 The order for DGDeT.nmmn.com is

• a. online or
• b. possible by signing the contract.

2.2.1. Variant a, online process: In this case, the customer submits an offer by sending the order after passing the online ordering process by activating the “Order for payment” button. The ordering process via the online order form comprises a total of three steps. In the first step, the customer selects the desired number of user accesses. In the second step, the customer enters the customer data including the billing address. In the third step, the customer has the possibility to check all information (e..B. name, address, number of user accesses ordered) again and, if necessary, to correct it before the order is finally transmitted to NMMN Innovations by clicking on “order for payment”.

2.2.2. After sending the order, the customer will receive an order confirmation by e-mail to the e-mail address provided by him. This order confirmation is the acceptance of the offer by NMMN Innovations. In this case, the contract of use consists of the order confirmation corresponding to the customer’s order and these general terms and conditions.

2.3. Variant b, contract signing: The customer receives a written contract, which he sends back to NMMN Innovations in a completed and signed manner. NMMN Innovations will confirm the contract.

3. access requirements and access to DGDeT.nmmn.com

3.1. Prerequisite for the access and use of DGDeT.nmmn.com as a consignor is a valid proof of qualification and/or instruction accepted by the competent authority, which entitles the respective user to sign dangerous goods dispatcher declarations for the respective mode of transport as well as the prior registration with “DGDeT.nmmn.com” and the transmission of the information and documents described below.

3.2. The following information must be provided by the authorized user:

3.2.1. Personal information (address, title, first and last name, job title, professional contact details and date of birth).

3.2.2. Company-specific information (company name, VAT ID, address, contact details as well as team or e-mail addresses of the respective department or grouping).

The above information is transmitted via a web form. 3.3. In addition, the following documents and evidence must be provided by the authorized user after registration:

3.3.1. For the mode of transport Luft (IATA DGR), a valid PK certificate recognised by the relevant competent authority must be provided by file-upload for each authorised user who is to be able to draw up declarations for that mode of transport and the date of validity and expiry of the vehicle must be entered as part of the registration process.

3.3.2. For the modes of transport road (ADR) and lake (IMDG), the authorized user must be confirmed for the respective mode of transport the corresponding authorization and instruction to issue the declaration of dangerous goods in accordance with the relevant regulations.

3.3.3. Eligible users without any qualification for dangerous goods (e.B. forwarding agents) are not entitled to draw up declarations of dangerous goods, but may only perform tasks for which no special dangerous goods qualification is required (e.B. the entries regarding AWB number, departure and arrival airport on the dangerous goods document). 3.3.4. If qualifications have to be entered or stored, the information can be stored by the moderator or the authorized user himself in the ASP service DGDeT.nmmn.com or uploaded as a file upload after registration.

3.4. For the mode of transport Luft (IATA DGR) after the expiry date, a further use of DGDeT.nmmn.com is only possible after depositing a new, valid PK certificate. The authorized user has, upon request, been

competent authority to provide the relevant PK certificate through the carrier carrying out the transport or by NMMN Innovations.

3.5. Furthermore, the authorized user acknowledges that NMMN Innovations is obliged to check the name of the registrant as well as the company name against international embargo and compliance databases. NMMN Innovations is also obliged to deny access to DGDeT.nmmn.com to persons and companies listed on one of the internationally valid lists.

3.6. NMMN Innovations reserves the right to refuse the registration of the user or not to activate the user for access to the system by providing the login data, even without giving any reason. If the user contract is concluded for several users, each authorized user receives his own access data and a password. In these cases, too, the access data for personal login is sent by e-mail or by self-assignment by the user (in the case of e-mail invitation procedures). The customer is therefore informed that the corresponding e-mail addresses of the authorized users must be entered in the system. The customer is obliged to keep the access data and passwords secret as well as to prevent unauthorized use by third parties; it shall also ensure that the eligible users concerned also comply with this obligation.

3.7. The activated and logged-in eligible user appears automatically and immutably in the “Name/Title of Signatory” field on the DGD. The transfer of access data to third parties is expressly prohibited. In the event of non-compliance, a notification shall be made to the competent authority. In this case, the right to use “DGDeT.nmmn.com” is immediately revoked – NMMN Innovations has the right in this case to terminate the contract of use without notice for important reasons. The customer is obliged to inform NMMN Innovations immediately if he is aware of any misuse of access data or passwords. In the event of abuse, NMMN Innovations is entitled to block access to DGDeT.nmmn.com until the circumstances are clarified and the abuse is stopped. The customer is liable for any abuse for which he is responsible.

3.8. The usability of the functions of DGDeT.nmmn.com as well as the required control of compliance with the permitted limits of use require that the end devices of the customer accept the cookies transmitted by the system of NMMN Innovations and that these are not modified and, if possible, not deleted within the session. The customer undertakes to ensure compliance with the above requirements (in particular by adjusting appropriate settings in his browser). If the customer fails to comply with this obligation for reasons for which he is responsible, NMMN Innovations is not responsible for the resulting functional limitations. If the breach of duty impairs the control of compliance with the limits of use, NMMN Innovations may ask the customer to remedy the situation with a reasonable period of time and, after the fruitless expiry of the deadline, block the customer’s access until remedy is provided. Furthermore, NMMN Innovations may terminate the user contract after a further reasonable period of time has expired without a result.

3.9. NMMN Innovations reserves the right to refuse access to DGDeT.nmmn.com if there is evidence that the technologies used by the customer or the authorized users affect the functionality or security of DGDeT.nmmn.com or limit the ability of NMMN Innovations to verify the access authorisation of the customer or authorized users as well as the admissibility of the type and scope of use and to prevent performance from being used. In particular, access may be denied if the IP address from which the access is made is listed on a publicly accessible blacklist or if the customer or authorized user uses browser software that allows the user to be extensively anonymised and the user’s behaviour unrecognizable (e..B. Tor browser). NMMN Innovations will contact the customer before a suspension and inform him via the

inform the facts and an intended suspension and give it the opportunity to remedy the situation within a reasonable time; this does not apply in the event of danger in default.

4. Obligation of the customer to cooperate

4.1. The customer is responsible for ensuring that the technical requirements for access to DGDeT.nmmn.com are created and maintained in his area, in particular with regard to the hardware and operating system software used, the connection to the Internet and the current browser software. In the event of further development of DGDeT.nmmn.com, it is the responsibility of the customer, according to information provided by NMMN Innovations, to carry out the necessary adaptation measures for the IT infrastructure he has used.

4.1.1 Browser

The ASP service is optimized for the Firefox browser. If you use other browsers, there may be restrictions on the service, depending on the version.

4.2. The customer is obliged to take the precautions required to secure his systems, in particular to use the usual security settings of the browser and to use up-to-date protection mechanisms to prevent malware.

4.3. Secure Socket Layer (SSL)

NMMN Innovations uses a so-called SSL certificate for the encryption of the data to be transferred.

5. User powers and restrictions

5.1. The authorized user can prepare in any number of dangerous goods dispatcher declarations for all modes of transport for which he has the certified qualification. The prerequisite for this is a valid proof of qualification and/or instruction for the relevant modes of transport, which is recognised by the relevant competent supervisory authority.

5.2. Dangerous Goods Shipper Declarations created by a User and electronically signed may be edited by other authorized users within the Customer Account, provided that they have at least the same qualification. In this case, the corresponding Dangerous Goods Dispatcher’s Declaration bears the electronic signature of the authorized user who last edited the document.

5.3. Furthermore, the authorized user is authorized to correct, archive and electronically hand over to other users in the transport chain (e..B. freight forwarder) for further processing. The creation and correction of the DGD is only permitted by an authorized group of persons (see regulation under 5.1 and 5.2). It is the responsibility of the authorized user to comply with all legal and official regulations, as well as all IATA regulations regarding the issuance of a DGD.

5.4. The possibility of further processing of the DGD is technically secured by a rights concept and only allows changes and/or additions in fields of dangerous goods dispatcher declarations for which no special qualification is necessary (e.B. AWB No, departure and arrival airports in the DGD). The signature on the Dangerous Goods Dispatcher’s Declaration remains unaffected by these changes and/or additions, unless the facts apply as described in the provisions of 5.2 and 5.3.

5.5. Furthermore, the preparation and correction of the transport and accompanying documents for the carriage of dangerous goods by road is permitted in accordance with the regulations of the ADR, GGVSEB and RSEB only by a group of persons instructed according to the ADR. Employees, (commissioned) third parties and/or vicarious agents of the sender must be instructed in accordance with the provisions of the ADR before taking on duties and may perform tasks for which the necessary instruction has not yet taken place under the direct supervision of a trained person. It is the responsibility of the sender, all legal and official regulations, in particular but not conclusively the provisions of Section 1.4. 2.1, 5.4 and Table A of Chapter 3.2

ADR to comply with the required obligations with regard to the issuance of the relevant documents.

5.6. Dangerous goods consignor declarations for the transport of dangerous goods by sea may only be prepared and corrected by authorised users who are entitled to do so, in particular in accordance with all relevant regulations for dangerous goods, in particular the requirements of the IMDG Code and the GGVSee. The eligible user is obliged to prepare dangerous goods dispatcher declarations in accordance with all regulations relevant to dangerous goods , in particular the GGVSee, the IMDG code, the IMSBC code and the SOLAS Convention – and to fulfil the obligations contained in the relevant regulations.

5.7. The customer as well as the authorized user are obliged to familiarize themselves with the regulations for the use of the DGDeT.nmmn.com service. NMMN Innovations provides appropriate user documentation for this purpose. Any errors due to ignorance of the handling as well as the corresponding laws, regulations and regulations with regard to the carriage and documentation of the carriage of dangerous goods are to be held responsible by the customer. Any changes to the user documentation will be published immediately by NMMN Innovations. The customer must inform himself accordingly about the topicality.

6. Creation of dangerous goods dispatcher declarations and signature

6.1. The authorized user has the following options to create a permissible declaration of dangerous goods consignors: The dangerous goods shipping declarations are generated as PDF and can be printed out or sent in the appendix of an e-mail. The signature of the authorized user (facsimile) stored in DGDeT.nmmn.com is automatically inserted when the dangerous goods dispatcher declarations are created.

6.1.1. The facsimile procedure requires the deposit of an original signature in the user data of DGDeT.nmmn.com (according to IATA DGR 8.1.4.1). The moderator on the customer’s side is responsible for depositing the original signature as a scan. The authorized user must provide the moderator with the signature as an image file or upload his signature himself. Possible file formats are PNG, JPEG, and JPG.

7. Cost

7.1. The use of DGDeT.nmmn.com is subject to monthly usage fees per eligible user, which are invoiced annually in advance. The amount of user fees per eligible user depends on the number of users (price scale) requested in the context of the order or the selected customer account (quota). In addition, the customer receives a confirmation (by e-mail) in which the invoice items and costs to be invoiced are listed. The invoice will be generated after the order has been placed and delivered by e-mail. The corresponding invoice amount is due immediately after receipt of the invoice and is

• sEPA mandate for customers within the EU or
• on account

Paid.

NMMN Innovations reserves the right to unlock the access accounts of the ASP service DGDeT.nmmn.com only after receipt of funds.

7.2. NMMN Innovations reserves the right to adjust usage fees, grant discounts and provide the application with additional functionalities and features that may incur additional costs.

7.3. Furthermore, NMMN Innovations reserves the right to implement additional services and individual requirements for additional services requested by the customer.

7.4. All prices are, unless they are designated as gross prices, plus the statutory value added tax applicable at the relevant time.

7.5. If the customer uses additional services (or increase the number of users) after ordering, NMMN Innovations is entitled to increase the remuneration or usage fees. The remuneration for the additional services used must be paid in advance for the remaining term of the contract.

7.6. During the term of the contract, the customer has the right to temporarily or completely block or delete the access of individual authorized users. In such cases, the customer is not entitled to reimbursement of the remuneration or usage fees.

7.7. NMMN Innovations is entitled to increase prices by a written announcement of three months at the end of the month, insofar as the costs incurred for the provision of the services, in particular the costs of maintenance, maintenance and further development of the technical infrastructure, or the costs of customer service and general administration, including taking into account any cost savings, have increased overall after the conclusion of the contract. In the event of an increase, the customer is entitled to terminate in accordance with clause 8.3 (special right of termination).

8. Term and termination

8.1. The contract for the use of DGDeT.nmmn.com is concluded in accordance with clause 2.

8.2. The contract has a term of 12 calendar months from the conclusion of the contract. The contract is automatically extended for a further 12 calendar months if it is not duly terminated by a party with a period of 4 weeks at the end of the term. This does not affect the parties’ right to extraordinary termination for good cause.

8.3. The price adjustment in accordance with clause 7.7 shall be communicated to the customer in writing or in text form, with reference to his special right of termination and to the consequences of a termination that has not been received in due time. The customer is entitled to terminate the contract within a period of four weeks after receipt of the notification of the increase with effect from the date of entry into force of the price adjustment. If the customer does not cancel or does not cancel within the time limit, the contract shall continue to apply the new price.

8.4. Any termination must be made in writing within the meaning of Section 126 (1) of the German Civil Code (BGB).

8.5. At the end of the contract period, NMMN Innovations is entitled to immediately block the customer’s access to DGDeT.nmmn.com.

9. Liability

9.1. NMMN Innovations shall not be liable for the damages incurred by the customer or its employees or .dem users, insofar as they were not caused by grossly negligent or intentional conduct by NMMN Innovations, a legal representative or a vicarious agent of NMMN Innovations. This does not affect liability for injury to life, body or health. Furthermore, liability for the breach of obligations, the fulfilment of which makes the proper execution of this contract possible and on whose compliance the client may rely, remains unaffected.

9.2. NMMN Innovations is not liable for indirect or consequential damages. This does not apply to damages that are due to grossly negligent or intentional damage caused by NMMN Innovations, a legal representative or vicarious agent, or to attributable bodily and health damage, or to loss of life.

9.3. For the facilitation: NMMN Innovations is not liable for incorrect and/or incomplete information in the DGD declaration by the customer or the moderator and/or the authorized user. NMMN Innovations is also not liable for incorrect or incomplete information in transport and accompanying documents in accordance with the requirements of the ADR, GGVSEB and RSEB.

9.4. Liability for damages resulting from the justified use of the above-mentioned declarations of dangerous goods is subject to the respective provisions of the authorized user’s contract of carriage with the respective carrier.

10. Privacy

NMMN Innovations processes personal data of the authorized users insofar as this is necessary for the proper operation of the dangerous goods software as well as for the legally effective registration of the transport of dangerous goods. Further content is included in the privacy policy, which is available in the registration form of the ASP service, DGDeT.nmmn.com, and is part of the NMMN Innovations user documentation.

11. Final provisions

11.1. For all legal relationships and/or disputes between NMMN Innovations and the customer in connection with the use of DGDeT.nmmn.com, the law of the Federal Republic of Germany shall apply to the exclusion of all provisions of conflict of laws that refer to another legal order, regardless of the legal reason. The Application of UN Sales Law is excluded. For all disputes arising from this contract, unless otherwise stipulated by law, the place of jurisdiction in Hamburg is agreed.

11.2. The customer may only offset against such claims that have been established in an undisputed or legally binding decision.

11.3. Should individual provisions of these General Terms and Conditions be or become invalid or void, this shall not affect the validity of the remaining provisions. In this case, NMMN Innovations is entitled to replace the invalid or void provision with another provision that comes closest to the intended one.