Deutsche Post GT&Cs for the Premiumadress product (as ofSeptember 1, 2024)
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Scope/contractual basis(1)

These general terms and conditions (GT&Cs) shall apply toagreements with Deutsche Post AG (hereinafter “Deutsche Post”)
on the use of the PREMIUMADRESS product with the service
features specified in section 3 (1).

(2)

(3)

Unless specified otherwise, Deutsche Post’s AGB BRIEF
NATIONAL (GT&Cs regarding domestic letters) and theLeistungen und Preise (services and prices) list shall also apply intheir relevant valid versions; these are available for consultation
at all retail outlets of Deutsche Post. The service specifications in
the applicable version of the PREMIUMADRESS manual shall alsoapply. Deviating GT&Cs of the Customer shall not apply.
Amendments and additions to and the cancellation of agreements
on PREMIUMADRESS shall be made in text form, except for thespecial agreement parts listed in Annex 3 to these agreements.
Selected parts of the Agreement may also be adjusted online byauthorized and authenticated users. Deutsche Post shall informthe Customer in text form (e.g., via e-mail/letter) of any changes
to these GT&Cs and to prices. If the Customer does not submit toDeutsche Post a written objection within one month of receipt,
these changes shall be deemed to have been accepted.

2.

Formation of Agreement(1)

The Customer must place an order according to Deutsche Post’s
sample for the services offered as PREMIUMADRESS services.

(2)

The Agreement shall enter into force with the Customer’s orderand subsequent acceptance by Deutsche Post. Acceptance shalltake place by means of a confirmation e-mail from Deutsche Post
to the e-mail address specified by the Customer. Acceptance orrejection of the order shall be at Deutsche Post’s discretion.
Service performance shall only start after the Customer has been
notified of the release of the PREMIUMADRESS service byDeutsche Post. The release notification and the access data will besent via e-mail to the agreed contact/legitimization recipient
specified in Annex 2 to the order.

3.

Rights and obligations of Deutsche Post

(1)

Deutsche Post shall provide the Customer upon registration withinformation regarding non-delivery and changes to addresses inrespect of consignments posted by the Customer which comply
with the requirements according to Section 4 (1) via a special
online access on a Deutsche Post server; letters/postcards andDialogpost items with envelope or in card form shall be returnedto the sender, if requested. The Customer shall only be informedof address changes by Deutsche Post if the addressee has agreed

to the forwarding of their new address. The service is available in
the following variants.
•PREMIUMADRESS Basis: Provision of information regarding
non-delivery and relocations in the form of electronic datarecords. Dialogpost and Pressepost items shall be either
destroyed or forwarded, depending on the service featuresof the relevant product. Undeliverable letters/postcards
shall be destroyed by order of the Customer after anelectronic record regarding the reason for non-delivery has
been created and entered in the system taking into accountthe relevant statutory provisions and regulations.

•PREMIUMADRESS
Plus:
returnofundeliverable
letters/postcards and Dialogpost items with envelope or incard form according to the conditions laid out in Section 1(2) and provision of information as for thePREMIUMADRESS Basis service variant.

•PREMIUMADRESS Hybrid: provision of information
regarding relocations in the form of electronic data records
for letters/postcards and Dialogpost items with envelope orin card form. Undeliverable letters/postcards andDialogpost items with envelope or in card form shall be
returned according to the conditions laid out in Section 1 (2).

•PREMIUMADRESS Fokus: return of letters/postcards andDialogpost items except Dialogpost items without
envelopes according to the conditions laid out in Section 1(2), if the items are undeliverable or the addressee hasmoved, and provision of information as for thePREMIUMADRESS Basis service variant.

•PREMIUMADRESS Return: return of undeliverable
letters/postcards and Dialogpost items with envelope or incard form according to the conditions laid out in Section 1(2), if the items are undeliverable, without provision ofinformation as for the PREMIUMADRESS Basis servicevariant.

•PREMIUMADRESS Return Extra: Return of letters/postcards
and Dialogpost items with envelope or in card form
according to the conditions laid out in Section 1 (2), if theitems are undeliverable or if there is a redirection order due
to a change of address, death and temporary absence
without further information as for the PREMIUMADRESS
Basis service variant.

•PREMIUMADRESS Report: provision of information
regarding non-delivery in electronic
form
forletters/postcards, Dialogpost items and Pressepost items

Deutsche Post GT&Cs for the Premiumadress product (as ofSeptember 1, 2024)
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and destruction of Dialogpost items and Pressepost items
according to the conditions specified in Section 1 (2).
Undeliverable letters/postcards shall be destroyed by orderof the Customer after an electronic record regarding thereason for non-delivery has been created and entered in thesystem taking into account the relevant statutory provisions
and regulations.

4.

Obligations of the Customer(1)

The Customer undertakes to mark the items handed over toDeutsche Post for transport with the letter “P” and a digital datamatrix code stamp which meets the requirements set forth in thespecifications for “machine-readable franking indications” in theirrelevant valid version. The requirements include in particular thechecking of correct coding of the data matrix code. The Customer
must check especially the plain text next to the data matrix codeon the PREMIUMADRESS label. Errors in the product andcustomer data can lead to data being sent to other
PREMIUMADRESS customers. Due to the automatic processing of
the data, such misdirection cannot be avoided by Deutsche Postand is therefore to be borne by the Customer.

(2)

When the product list (PPL) is updated by Deutsche Post AG, theCustomer will also immediately update it in its IT system used tocreate the data matrix code referencing the item. If the Customer
uses a FRANKIT franking system, it will enter its customer number(EKP number) and contracting party ID for PREMIUMADRESS. In
the case of letters which are notified using the AM (ordermanagement) system for posting, the relevant order number
must be entered into the franking machine. In both cases, thePREMIUMADRESS contract ID must be entered.

(3)

Incorrect return addresses for returns shall be at the expense ofthe Customer.

(4)

The Customer shall bear the sole responsibility for meeting thetechnical requirements that are necessary for using
PREMIUMADRESS, in particular for procuring the necessaryhardware and software and maintaining it in an operational state.
PREMIUMADRESS is supported by browsers usual in the market.
The costs of online connections incurred in connection with theuse of PREMIUMADRESS and the use of an internet service
provider shall be borne by the Customer.

The PREMIUMADRESS Basis and PREMIUMADRESS Report service
variants are not permitted for letters and postcards that are made ofmaterials or contain supplements not made of paper.
(2)

Deutsche Post shall keep the information ready for the Customerin form of electronic data records for a period of three (3) monthsfor downloading via the HTTPS transmission protocol. Two weeks
after it has been successfully downloaded the information will bedeleted.
At the Customer’s request, the information may also be kept
additionally on a Deutsche Post server for SFTP transmission.
Data will be available here for at least seven (7) days and deleted
no later than after fourteen (14) days.

(3)

Information shall only be kept and provided for items that containa data matrix code as specified in Section 4 (1).

(4)

Deutsche Post records not only address information but also
customer-specific details, such as classification indicators orcustomer numbers if they are enclosed by “##” characters in the
item’s address or if they are included in the data matrix code in the
item’s “non-postal content” area. This information will be madeavailable to the Customer in addition to the information on
PREMIUMADRESS services but it will not be used for Deutsche
Post’s operational needs.

(5)

Research services carried out by the deliverer are not included in
the PREMIUMADRESS service.

(6)

Deutsche Post shall be entitled to block access to the server if theCustomer uses the services in breach of contract or defaults on
payment or if the security of the system is no longer guaranteed,in particular because of the loss or theft of access data (password).

(5)

The risk of losing the transmitted information in transit over theinternet will be borne by the Customer. The Customer may waive
using data encryption for transmission via SFTP server (at theirown risk).

(7)

Deutsche Post also reserves the right to interrupt the availabilityof the server to carry out servicing and maintenance work as well
as changes to the server or to other hardware and softwarerequired for the performance of the services covered by theseGT&Cs. Deutsche Post shall endeavor to keep such servicing andmaintenance work to a minimum and to complete such work andreinstate access to the system as quickly as possible without
neglecting its duty to exercise due care.

(6)

The Customer shall be solely responsible for all processes carriedout with their user name and password. They are therefore
obliged to keep secret their personal user name, password andthe encryption code and to change these immediately if theysuspect that they may have become known to unauthorized thirdparties.

(7)

The Customer shall inform Deutsche Post if they receive any
foreign data records not intended for them. These records must

Deutsche Post GT&Cs for the Premiumadress product (as ofSeptember 1, 2024)
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be deleted or rendered by the Customer without delay and underno circumstances processed or used by them.
(8)

The Customer shall notify Deutsche Post immediately in writingof any changes and additions that affect the performance of theservices (e.g., relocation) or the contractual relationship (e.g.,change of legal form) via the account provided to them by
Deutsche Post or by contacting the account manager at Deutsche
Post.

5.

Warranty(1)

Deutsche Post shall guarantee that the data kept at Deutsche Post
have been collected with utmost care. However, because
Deutsche Post depends on information provided by third parties
and on the address details provided by the address owners
themselves, recording errors cannot be ruled out altogether. The
correctness of the address information and in particular thedeliverability of items directed to the addresses provided on thebasis of PREMIUMADRESS can therefore not be guaranteed.

(2)

Any complaints regarding the data records and returns can only
be processed within two (2) weeks after calling up the data. If
Deutsche Post has not received a complaint within six (6) weeks
after providing the information/return of the items, it will beassumed that the order has been carried out properly.

6.

Liability(1)

All claims for compensation by the Customer for any legal reason
and for reimbursement of any frustrated expenses shall beexcluded unless the loss is due to gross negligence or willfulmisconduct or at least the negligent breach of material contract
obligations (cardinal obligations). In the latter case, liability shallbe limited to typical and foreseeable loss. Cardinal obligations arethose the fulfillment of which is vital to the proper performanceof the Agreement and which the contractual partner may
normally expect to be honored and/or obligations whose breach
would compromise the achievement of the purpose of theAgreement.

(2)

The limitation of liability as per Paragraph 1 shall not apply todamages arising from loss of life, bodily injury or damage tohealth, or to any liability under the Produkthaftungsgesetz(German product liability act), or where Deutsche Post has
exceptionally undertaken a specific guarantee.

7.

Charges(1)

The Customer shall pay for the PREMIUMADRESS service thecharges stipulated for letters and Dialogpost items in the Preise

PREMIUMADRESS (PREMIUMADRESS prices) price list and thecharges stipulated for Pressesendung (standard periodicals) andPostvertriebsstück (preferred periodicals) in the price overview
in the Presse Distribution product brochure. All prices are subject
to statutory value added tax where applicable.
(2)

The Customer shall also pay charges incurred as a result of any
authorized or unauthorized use of PREMIUMADRESS, including
the use by third parties, by means of the access and use options
provided to the Customer by Deutsche Post, provided that theCustomer can be held responsible for such use.

(3)

Letters and Dialogpost items shall be invoiced on a monthly basis
and Pressesendung and Postvertriebsstück items once per year.
Deutsche Post shall be granted the right to collect the charges forusing the PREMIUMADRESS service for letters and Dialogpost
items and the printed address list service by direct debit from theaccount specified by the Customer in the PREMIUMADRESS
agreement when due. The charges due for using
PREMIUMADRESS for Pressesendung and Postvertriebsstück
shall be debited from the account already agreed for payment of
the charges for these services.

(4)

The Customer undertakes to ensure that, when the direct debit isperformed, it has sufficient funds in the account nominated by itfor the direct debit to cover the invoice amount. The Customer
shall reimburse all costs incurred as a result of a failed or returned
direct debit, unless the Customer can demonstrate that it
exercised the necessary care, or the loss would have occurred
even if the necessary care had been exercised.

(5)

If the Customer defaults on payments, Deutsche Post shall beentitled to demand interest as prescribed by statutory provisions(Section 288 of the BGB (German civil code)).

8.

Data protection(1)

Deutsche Post and the Customer shall apply relevant dataprotection regulations, in particular the GDPR. Any contracted
third parties shall be under the same obligation.

(2)

Customer data will be stored for accounting purposes. Deutsche
Post agrees to keep any business secrets that become known tothem in the course of their cooperation with the Customer and totreat them with due care and diligence and to maintainconfidentiality with regard to any information and documentation
associated with these business secrets.

(3)

The Customer may use PREMIUMADRESS only in compliancewith the statutory provisions, and in particular with the relevant
data protection provisions. The updated addresses may beDeutsche Post GT&Cs for the Premiumadress product (as ofSeptember 1, 2024)
Seite 4 von 4transferred by the Customer into their own customer/potential
customer database. The address updates acquired in this way
may only be used in the context of normal business mail andadvertising campaigns of the Customer and for asserting justified
claims. Any separate selection of the updated addresses,
individually or as a whole, for the purpose of marketing or otherforwarding to third parties shall be excluded. Third parties in thismeaning are any natural persons or any legally independent
entities, in particular also any legally independent Groupcompanies (affiliated companies). If the Customer intends toforward the addresses to affiliated companies, the express
written approval by Deutsche Post shall be required for this.
9.

Other provisions(1)

Agreements on the use of PREMIUMADRESS are concluded for anunlimited period of time.

(2)

Every Party to the Agreement shall be entitled to terminate theAgreement in text form with a period of notice of one (1) month.

(3)This shall not prejudice either Party’s right to terminate thisAgreement for good cause. Good cause is in particular conduct by(as of September 1, 2024)

the Customer or by Deutsche Post which grossly breaches theAgreement.
(4)

The relinquishing of rights from agreements in accordance withthese GT&Cs, and the transfer of this Agreement as a whole
require prior written approval by the other Party.

(5)

Offsetting or withholding against claims from agreements inaccordance with these GT&Cs shall only be permitted if thecounterclaim falling due is established on a legally binding basis
or is undisputed.