Important note: The legally binding document is the German version. This English translation is for informational purpose only.
Content
Service description for Mobile ID (beta version)
General Terms and Conditions of Contract (GTC)
- Remuneration, payment, performance protection, deadlines
- Cooperation, duties to cooperate, confidentiality
- Disruptions in the provision of services
- Material defects and reimbursement of expenses
- Legal defects
- General liability of the provider
- Privacy
- Other
Terms and Conditions for the Use of Software via the Internet (Software as a Service)
- Services
- Scope of use
- Availability, performance deficiencies
- Privacy
- Duties of the customer
- Use in breach of contract, damages
- Fault management
- Contact point (hotline)
- Contract term and termination
- Validity of the GTC
Service description for Mobile ID (beta version)
The service description of the beta version of Mobile ID (hereinafter referred to as “Software”) results from the data sheet in its current version.
The software is expressly provided to the customer free of charge as a software version under development and exclusively for test and evaluation purposes. Use for other purposes, in particular for productive purposes on production systems or as a part is therefore at the exclusive risk of the customer.
The customer is obliged to ensure that the use of the software does not affect any systems that are in any way relevant to the safety of goods or persons.
BALTECH expressly points out that the software does not contain all the software functions intended for the final version. Accordingly, the user has no claim that the task set can be solved with the software. Furthermore, there is no guarantee that functionalities contained in the software will also be contained in a final version.
The customer is accordingly aware that the software is provided completely without any condition, without any intended use and without any promise of security. All possible information about the software, even if marked otherwise, is therefore not binding. Also a suitability for the usual use and usual conditions is excluded.
It follows from this that there can be no corresponding warranty or guarantee for this software. Furthermore, it follows from this that any liability of BALTECH in this respect in the event of damage is already excluded for lack of a corresponding breach of duty. The use of the said software shall be exclusively at the customer’s own risk. If a claim is made against BALTECH by a third party because the third party has suffered damage, the customer shall fully indemnify BALTECH against all justified claims of the third party arising from such claim.
General Terms and Conditions of Contract (GTC)
1. Remuneration, payment, performance protection, deadlines
1.1 Unless otherwise agreed, remuneration shall be calculated on a time and material basis at the Provider’s prices generally applicable at the time of conclusion of the contract. Remunerations are in principle net prices plus legally applicable value added tax.
The provider may invoice on a monthly basis. If services are reimbursed on a time and material basis, the provider shall document the nature and duration of the activities and submit this documentation with the invoice.
1.2 All invoices are to be paid in full no later than 14 calendar days after receipt.
1.3 The customer may only offset or withhold payments due to defects to the extent that it is actually entitled to payment claims due to material defects or defects of title in the performance. Due to other claims for defects, the customer may withhold payments only to a proportionate extent taking into account the defect. Clause 4.1 shall apply accordingly. The customer shall have no right of retention if its claim for defects is time-barred. In all other respects, the customer may only offset or exercise a right of retention against undisputed or legally established claims.
1.4 The provider retains ownership and rights to be granted to the services until full payment of the remuneration owed. justified retentions of defects in accordance with section 1.3. sentence2 shall be taken into account. Furthermore, the provider retains ownership until all its claims arising from the business relationship with the customer have been satisfied.
The Provider is entitled to prohibit the Customer from further use of the Services for the duration of any default in payment by the Customer. The provider can only assert this right for a reasonable period of time. As a rule, for a maximum of 6 months. This does not constitute a withdrawal from the contract. 5 449 para. 2 BGB remains unaffected.
If the customer or its customers return the services, the acceptance of the services may constitute withdrawal by the supplier, unless the supplier has expressly declared its withdrawal. The same applies to the seizure of the reserved goods or rights to the reserved goods by the provider.
The customer may neither pledge nor assign by way of security items subject to retention of title or reservation of rights. The customer shall only be permitted to resell the goods in the ordinary course of business as a reseller on condition that the customer has effectively assigned to the supplier its claims against its customers in connection with the resale and the customer transfers title to its customer subject to payment. By concluding this contract, the Customer assigns its future claims against its customers in connection with such sales to the Supplier by way of security, who hereby accepts this assignment.
If the value of the Provider’s security interests exceeds the amount of the secured claims by more than 20%, the Provider shall release a corresponding portion of the security interests at the Customer’s request.
1.5 In the event of a permissible transfer of rights of use to supplies and services, the customer shall be obliged to impose the contractually agreed restrictions on the recipient thereof.
1.6 If the customer does not settle a due claim in full or in part by the contractual payment date. The provider can revoke agreed payment terms for all claims. The provider is also entitled to perform further services only against advance payment or against security by performance bond of a credit institution or credit insurer licensed in the European Union. The advance payment shall cover the respective billing period or – in the case of one-off services – their remuneration.
1.7 In the event of the Customer’s economic inability to fulfill its obligations to the Provider, the Provider may terminate existing exchange contracts with the Customer by rescission, continuing obligations by termination without notice, also in the event of an application for insolvency by the Customer, f 321 BGB and § 112 InsO remain unaffected. The customer shall inform the provider in writing at an early stage of any impending insolvency.
1.8 Fixed performance dates shall be agreed exclusively in documented form.
The agreement of a fixed date of performance shall be subject to the proviso that the Provider receives the services of its respective upstream suppliers in due time and in accordance with the contract.
2. Cooperation, duties to cooperate, confidentiality
2.1 The customer and the provider shall each appoint a responsible contact person. Unless otherwise agreed, communication between the customer and the provider shall take place via these contact persons. The contact persons shall take all decisions relating to the execution of the contract without delay. The decisions shall be documented in a binding manner.
2.2 The Customer shall be obligated to support the Provider to the extent necessary and to create in its sphere of operation all prerequisites required for the proper execution of the order. In particular, the Customer shall provide the necessary information and, if possible, enable remote access to the Customer’s system. If remote access is not possible for security or other reasons, the deadlines affected by this shall be extended accordingly; the contractual partners shall agree on an appropriate arrangement for any further effects. The Customer shall also ensure that expert personnel are available to support the Provider.
Insofar as it is agreed in the contract that services can be performed on site at the Customer’s premises, the Customer shall provide sufficient workplaces and work equipment free of charge at the Provider’s request.
2.3 Unless otherwise agreed, the customer shall provide for proper data backup and failure precautions for data and components (e.g. hardware, software) that are appropriate to their type and importance.
2.4 The customer shall report defects in writing without delay in a comprehensible and detailed form, stating all information useful for the detection and analysis of the defect. In particular, the work steps that led to the occurrence of the defect, the manifestation and the effects of the defect shall be indicated. Unless otherwise agreed, the corresponding forms and procedures of the Provider shall be used for this purpose.
2.5 The Customer shall support the Provider in the examination and assertion of claims against other parties involved in connection with the provision of services appropriately upon request. This shall apply in particular to recourse claims of the Provider against upstream suppliers.
2.6 The contracting parties shall be obliged to maintain confidentiality with regard to business secrets and other information designated as confidential (e.g. in documents, data files) which become known in connection with the performance of the contract. The contractual partners are obliged to maintain secrecy about business secrets and other information designated as confidential (e.g. in documents, data files) which become known in connection with the execution of the contract and not to use or disclose them beyond the purpose of the contract without the written consent of the other contractual partner.
The respective receiving contractual partner shall be obliged to take appropriate confidentiality measures for business secrets and for information designated as confidential. The contracting parties shall not be entitled to Trade secrets of the other contracting party by observing. Investigate. Dismantling or testing the subject matter of the contract. The same shall apply to other information or objects “obtained” during the performance of the contract.
Business secrets and other information designated as confidential may only be disclosed to persons who are not involved in the conclusion, implementation or execution of the contract with the written consent of the other contracting party.
Unless otherwise agreed, the obligation to maintain secrecy for other information marked as confidential shall end five years after the respective information becomes known, but not before termination in the case of continuing obligations. Business secrets shall be kept secret for an unlimited period of time.
The contractual partners will also impose these obligations on your employees and any third parties engaged.
2.7 The contracting parties are aware that electronic and unencrypted communication (e.g. by e-mail) is subject to security risks.
In this type of communication, they will therefore not make any claims that are “founded by the absence of encryption, except to the extent that encryption has been previously agreed.
3. Disruptions in the provision of services
3.1 If a cause for which the Provider is not responsible, including strike or lockout, impairs compliance with deadlines (“disruption”), the deadlines shall be postponed by the duration of the disruption, if necessary including a reasonable restart phase. A contractual partner shall immediately inform the other contractual partner of the cause of a disruption occurring in its area and the duration of the postponement.
3.2 If the effort increases due to a malfunction, the Provider may also demand payment for the additional effort, unless the Customer is not responsible for the malfunction and its cause lies outside the Provider’s sphere of responsibility.
3.3 If the customer can withdraw from the contract due to improper performance of the provider and / or claim damages instead of performance or claims such, the customer shall declare in writing at the request of the provider within a reasonable period of time whether he asserts these rights or continues to wish the performance of the service. In the event of withdrawal, the Customer shall reimburse the Provider for the value of any previously existing possibilities of use; the same shall apply to any deterioration due to use for the intended purpose.
If the Provider is in default with the provision of the service, the Customer’s compensation for damages and expenses due to the default shall be limited to 0.5% of the price for the part of the contractual service that cannot be used due to the default for each full week of the default. The liability for delay shall be limited to a maximum total of 5% of the remuneration for all contractual services affected by the delay; in the case of continuing obligations, in relation to the remuneration for the respective services affected for the full calendar year. In addition and with priority, a percentage of the remuneration agreed upon at the time of conclusion of the contract shall apply. This shall not apply if a delay is due to gross negligence or intent on the part of the Provider.
3.4 In the event of a delay in performance, the customer shall only have a right of withdrawal within the framework of the statutory provisions if the supplier is responsible for the delay. If the customer asserts a claim for damages or reimbursement of expenses in lieu of performance due to the delay, the customer shall be entitled to demand 1% of the price for the part of the contractual performance that cannot be used due to the delay for each full week of the delay, but no more than a total of 10% of this price: in the case of continuing obligations, based on the remuneration for the respective services affected for the full calendar year. In addition and with priority, a percentage of the remuneration agreed upon at the time of conclusion of the contract shall apply.
4. Material defects and reimbursement of expenses
4.1 The provider warrants the contractually owed quality of the services. For an only insignificant deviation of the services of the provider from the contractual quality, there are no claims due to material defects.
Claims due to defects also do not exist in the event of excessive or improper use, natural wear and tear. Failure of components of the system environment. The same shall apply in the event of software errors that cannot be reproduced or otherwise proven by the customer. This shall also apply in the event of damage due to special external influences which are not assumed under the contract. Claims due to defects shall also not exist in the event of subsequent modification or repair by the customer or third parties, unless this does not impede the analysis and elimination of a material defect.
Clause 6 shall apply additionally to claims for damages and reimbursement of expenses.
4.2 The limitation period for material defect claims shall be one year from the statutory commencement of the limitation period. The statutory periods for recourse pursuant to 5 478 BGB shall remain unaffected.
The same shall apply insofar as longer periods are prescribed by law in accordance with Section 438 (1) No. 2 or Section 634a (1) No. 2 of the German Civil Code (BGB), in the event of an intentional or grossly negligent breach of duty on the part of the Supplier, in the event of fraudulent concealment of a defect and in cases of injury to life, limb or health as well as for claims under the Product Liability Act.
The processing of a notice of material defect by the customer by the supplier only leads to the suspension of the limitation period, insofar as the legal requirements for this exist. This does not result in a new start of the limitation period.
A supplementary performance (new delivery or rectification of defects) can only have an influence on the limitation period of the defect triggering the supplementary performance.
4.3 Claims under a right of recourse in respect of contracts for digital products pursuant to 5 327u of the German Civil Code (BGB) shall remain unaffected by Clauses 4.1 and 4.2.
If a customer asserts a possible claim against the customer, which can lead to a recourse claim, the customer will immediately inform the provider about the asserted claim and the necessary and useful further information for its assessment. The Customer shall provide the Provider with the opportunity to satisfy the claim asserted by the Customer’s customer, unless this is unreasonable for the Customer. The Customer and the Provider shall coordinate and cooperate with the aim of satisfying a justified claim of the Customer’s customer as expensively and cost-effectively as possible.
4.4 The Provider may demand remuneration for its expenses to the extent that
a) it acts on a report without there being a defect, unless the customer could not with reasonable effort appoint that there was no defect, or
b) a reported fault is not reproducible or otherwise provable by the customer as a defect. Or
c) additional expenses are incurred due to the customer’s failure to properly fulfill its obligations (see also Sections 2.2, 2.3.2.4 and 52)
5. Legal defects
5.1 The Provider shall only be liable for infringements of third party rights by its performance insofar as the performance is used in accordance with the contract and in particular in the contractually agreed, otherwise in the intended environment of use without modification.
The Provider shall only be liable for infringements of third party rights within the European Union and the European Economic Area as well as at the place of contractual use of the service. Clause 4.1 sentence 1 shall apply accordingly.
5.2 If a third party asserts against the Customer that a service of the Provider infringes its rights, the Customer shall notify the Provider without delay. The Provider and, if applicable, its upstream suppliers shall be entitled, but not obliged, to defend the asserted claims at their own expense to the extent permissible.
The customer is not entitled to acknowledge claims of third parties before he has given the provider reasonable opportunity to defend the rights of third parties in another way.
5.3 If the rights of third parties are infringed by a service of the Provider, the Provider shall, at its own discretion and at its own expense
a) provide the customer with the right to use the service or
b) make the performance non-infringing or
c) take back the service with reimbursement of the payment made for it by the customer (less reasonable compensation for use) if the provider cannot achieve any other remedy with reasonable effort.
The interests of the customer are given due consideration.
5.4 Claims of the Customer due to defects of title shall become statute-barred in accordance with Clause 4.2. Clause 6 shall apply additionally to claims for damages and reimbursement of expenses of the Customer; Clause 4.3 shall apply accordingly to additional expenses of the Provider.
6. General liability of the provider
6.1 The provider is always liable to the customer
a) for damages caused by him as well as his legal representatives or vicarious agents intentionally or by gross negligence.
b) in accordance with the Product Liability Act and
c) for damage resulting from injury to life, body or health for which the provider, its legal representatives or vicarious agents are responsible.
6.2 The Provider shall not be liable in the event of slight negligence, except insofar as it has breached a material contractual obligation, the fulfillment of which is a prerequisite for the proper performance of the contract or the breach of which jeopardizes the attainment of the purpose of the contract and on the observance of which the Customer may regularly rely.
This liability is limited to the contract-typical and foreseeable damage in the case of property damage and financial loss. This also applies to lost profits and savings. Liability for other remote consequential damage is excluded.
For a single case of damage, the liability is limited to the contract value, in the case of ongoing remuneration to the amount of remuneration per contract year, but not less than € 50,000. The limitation period is governed by the sameprovisions. The contracting parties may agree in writing on a more extensive liability upon conclusion of the contract, usually against a separate remuneration. An individually agreed liability sum shall have priority. The liability according to clause 6.1 remains unaffected by this paragraph.
In addition and primarily, the liability of the Provider due to slight negligence arising from the respective contract and its execution for damages and reimbursement of expenses shall be limited in total to the percentage of the remuneration agreed in this contract at the time of conclusion of the contract, irrespective of the legal grounds. The liability according to clause 6.1 b) remains unaffected by this paragraph.
6.3 The supplier shall only be liable for damages arising from a guarantee declaration if this was expressly assumed in the guarantee. In the event of slight negligence, this liability shall be subject to the limitations set forth in Section 6.2.
6.4 Boi necessary restoration of data or components (such as hardware. software), the provider is liable only for the effort required for the restoration with proper data backup and failure precaution by the customer. In the event of slight negligence on the part of the Provider, this liability shall only apply if the Customer has carried out a data backup and failure precaution appropriate to the type of data and components prior to the incident. This does not apply if this is agreed as a service of the provider.
6.5 Clauses 6.1 to 6.4 shall apply accordingly to claims for reimbursement of expenses and other liability claims of the Customer against the Provider. Clauses 3.3 and 3.4 shall remain unaffected.
7. Privacy
The Customer shall conclude with the Provider agreements necessary under data protection law for the handling of personal data
8. Other
8.1 The customer shall observe any applicable import and export regulations for the deliveries or services on its own responsibility. In particular those of the USA. In the case of cross-border deliveries or services, the customer shall bear any customs duties, fees and other charges. The customer shall handle legal or official procedures in connection with cross-border deliveries or services on its own responsibility, unless otherwise expressly agreed.
8.2 German law shall apply. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.
8.3 The Provider shall provide its services on the basis of its General Terms and Conditions (GTC). The customer’s GTC shall not apply, even if the provider has not expressly objected to them.
Acceptance of the services by the Customer shall be deemed to be acceptance of the Provider’s GTC with waiver of the Customer’s GTC.
Other terms and conditions are only binding if the provider has acknowledged them in writing; the provider’s GTC shall then apply in addition.
8.4 Amendments and supplements to this contract shall only be agreed in writing. If written form is agreed (e.g. for notices of termination, withdrawal), text form is not sufficient.
8.5 The place of jurisdiction vis-à-vis a merchant, a legal entity under public law or a special fund under public law shall be the registered office of the Worshipper. The Worshipper may also sue the Customer at the Customer’s registered office.
Terms and Conditions for the Use of Software via the Internet (Software as a Service)
1. Services
1.1. The Provider shall provide the contractual services. In particular, the access to the software, in its area of availability (from the interface computer center to the Internet). The scope of services, the nature, the intended use and the conditions of use of the contractual services are set out in the respective service description.
1.2. Additional services, such as the development of customized solutions or necessary adjustments, require a separate contract.
1.3. The Provider may provide updated versions of the Software.
The Provider shall inform the Customer about updated versions and corresponding usage instructions electronically and make them available accordingly.
2. Scope of use
2.1. The contractual services may only be used by the customer and only for the purposes agreed in the contract. During the term of the contract, the customer may access the contractual services by means of telecommunications (via the Internet) and use the functionalities associated with the software in accordance with the contract by means of a browser or another suitable application (e.g. “app”). The customer does not receive any further rights, in particular to the software or the infrastructure services provided in the respective data center. Any further use requires the prior written consent of the Provider.
2.2. In particular, the customer may not use the software beyond the agreed scope of use or have it used by third parties or make it accessible to third parties. In particular, the customer is not permitted to reproduce, sell or temporarily transfer, rent or lend the software or parts thereof.
2.3. The Provider shall be entitled to take appropriate technical measures to protect against non-contractual use. The contractual use of the services may not be more than insignificantly impaired as a result.
2.4. In the event that a user exceeds the scope of use in violation of the contract or in the event of an unauthorized transfer of use, the customer shall, upon request, immediately provide the provider with all information available to him for asserting claims due to the use in violation of the contract. In particular, to provide the name and address of the user.
2.5. The provider may revoke the customer’s access authorization and / or terminate the contract if the customer significantly exceeds the use permitted to him or violates regulations to protect against unauthorized use. In connection with this, the provider can interrupt or block access to the contractual services. The Provider shall generally set the Customer a reasonable grace period for remedial action beforehand. The sole revocation of the access authorization shall not be deemed to be a termination of the contract at the same time. The Provider may only maintain the revocation of the access authorization without termination for a reasonable period of time, not exceeding 3 months.
2.6. The provider’s claim to remuneration for use in excess of the agreed use remains unaffected.
2.7. The customer shall be entitled to have the access authorization and the access possibility restored after it has proven that it has ceased the use in breach of contract and has prevented any future use in breach of contract.
3. Availability, performance deficiencies
3.1. The availability of the provided services results from the service description.
3.2. In the event of only an insignificant reduction in the suitability of the services for the contractual use, the customer shall have no claims due to defects. The strict liability of the provider due to defects that were already present at the time of the conclusion of the contract is excluded.
3.3. § 578b BGB remains unaffected.
4. Privacy
4.1. Insofar as the Provider can access personal data of the Customer or from the Customer’s area, the Provider shall act exclusively as a processor and shall process and use such data only for the purpose of executing the contract. The Provider shall comply with the Customer’s instructions for the handling of such data. The Customer shall bear any adverse consequences of such instructions for the performance of the contract. The Customer shall agree with the Provider the details for the Provider’s handling of the Customer’s data in accordance with the requirements of data protection law.
4.2. The customer remains the responsible party both generally in the contractual relationship and in terms of data protection law. If the customer processes personal data in connection with the contract (including collection and use), he guarantees that he is entitled to do so in accordance with the applicable provisions. In the event of a violation, the customer shall indemnify the provider from claims of third parties.
4.3. The following shall apply to the relationship between the Provider and the Customer: vis-à-vis the data subject, the Customer shall be responsible for the processing (including collection and use) of personal data, except to the extent that the Provider is responsible for any claims by the data subject due to a breach of duty attributable to the Provider. The customer shall examine any inquiries. The customer shall responsibly examine, process and respond to any inquiries, requests and claims of the data subject. This shall also apply in the event of a claim against the Provider by the data subject. The provider will support the customer within the scope of his duties.
4.4. The Provider guarantees that the Customer’s data will be stored exclusively in the territory of the Federal Republic of Germany. In a member state of the European Union or In another contracting state of the Agreement on the European Economic Area are stored, unless otherwise agreed.
5. Duties of the customer
5.1. The customer shall protect the access authorizations and identification and authentication information assigned to him or to the users from access by third parties and shall not disclose them to unauthorized persons.
5.2. The customer is obligated to indemnify the provider from all claims of third parties due to legal violations that are based on an illegal use of the subject matter of the service by him or that are made with his approval. If the customer recognizes or must recognize that such an infringement is imminent, there is an obligation to inform the provider immediately.
5.3. The customer has to use possibilities provided by the provider to secure his data in his original area of responsibility.
6. Use in breach of contract, damages
For each case in which a contractual service is used without authorization in the customer’s area of responsibility, the customer shall pay compensation in the amount of the remuneration that would have been incurred for the contractual use within the framework of the minimum contract period applicable for this service. The customer reserves the right to prove that the customer is not responsible for the unauthorized use or that there is no damage or significantly less damage. The Provider shall remain entitled to assert a more extensive claim for damages.
7. Fault management
7.1. The Provider shall receive fault reports from the Customer, assign them to the agreed fault categories (Section 7.3) and, on the basis of this assignment, implement the agreed measures for analyzing and rectifying faults.
7.2. The Provider shall accept proper fault reports from the Customer during its normal business hours and shall assign an identifier to each one. Upon the Customer’s request, the Provider shall confirm the receipt of a fault report by informing the Customer of the assigned identification.
7.3. Unless otherwise agreed, the Provider shall assign received fault reports to one of the following categories after first reviewing them:
a) Serious disturbance
The malfunction is based on a defect in the contractual services that makes the use of the contractual services, in particular the software, impossible or allows it only with severe restrictions The customer cannot reasonably circumvent this problem and therefore cannot complete tasks that cannot be postponed.
b) Other disruption
The disruption is based on a defect in the contractual services that restricts the use of the contractual services, in particular the software, by the customer more than just insignificantly, without a serious disruption being present.
c) Other message
Fault messages that do not fall into categories a) and b) are assigned to other messages. Other messages will only be handled by the provider in accordance with the agreements made for them.
7.4. In the event of reports of serious disruptions and other malfunctions, the Provider shall immediately initiate appropriate measures based on the circumstances communicated by the Customer in order to first localize the cause of the disruption.
If the notified malfunction does not turn out to be a defect of the contractual services, in particular of the provided software, after initial analysis, the Provider shall notify the Customer thereof without undue delay.
Otherwise, the Provider shall initiate appropriate measures for further analysis and correction of the notified malfunction or – in the case of third-party software – transmit the malfunction report together with its analysis results to the distributor or manufacturer of the third-party software with the request for remedial action.
The Provider shall immediately provide the Customer with measures available to it for circumventing or rectifying a fault in the contractual services, in particular in the software provided, such as instructions for action or corrections to the software provided. The Customer shall immediately adopt such measures for the circumvention or correction of faults and shall immediately report any remaining faults to the Provider again upon their use.
8. Contact point (hotline)
8.1. Contractual services
The Provider shall establish a point of contact for the Customer (hotline). This office shall process the Customer’s inquiries in connection with the technical requirements for use and conditions of the provided software as well as with individual functional aspects.
8.2. Acceptance and processing of inquiries
A prerequisite for the acceptance and processing of inquiries is that the Customer designates to the Provider appropriately qualified professional and technical personnel who are assigned internally at the Customer with the processing of inquiries of the users of the provided software. The Customer is obligated to direct inquiries to the Hotline only via this personnel designated to the Provider and to use forms provided by the Provider for this purpose. The hotline shall accept such inquiries by e-mail fax and telephone during the Provider’s normal business hours.
The Hotline shall process proper inquiries in the ordinary course of business and answer them to the extent possible. The hotline may refer to documentation available to the customer and other training resources for the software provided. If it is not possible for the hotline to respond or to respond in a timely manner, the Provider shall – if expressly agreed – forward the inquiry for processing, in particular inquiries regarding software not produced by the Provider.
Any additional services provided by the hotline, such as other response times and periods as well as on-call services or on-site service by the provider at the customer’s premises, must be expressly agreed upon in advance.
9. Contract term and termination
9.1. The contractually agreed services shall be provided from the date specified in the contract initially for the duration of the term agreed in the contract. During this minimum term, premature ordinary termination is excluded on both sides.
9.2. The contract can be terminated with three months’ notice, at the earliest at the end of the minimum term. If this is not done, the contract shall be extended by a further year in each case, unless it has been terminated with three months’ notice to the end of the respective extension date.
9.3. The right of each contracting party to extraordinary termination for good cause shall remain unaffected.
9.4. Any declaration of termination must be made in writing to be effective. Section 8.4 of the General Terms and Conditions shall apply.
9.5. The Customer shall back up its data files (e.g. by download) on its own responsibility in good time before termination of the contract. Upon request, the Provider shall support the Customer in this regard; Section 4.3 CA shall apply. After termination of the Agreement, the Customer will generally no longer be able to access these databases for reasons of data protection.
10. Validity of the GTC
The General Terms and Conditions of Contract (GTC) shall apply in addition.