GTC software as a service
Terms and Conditions of TOLERANT Software GmbH & Co. KG for the use of software via the Internet (Software as a Service)
-SaaS TOLERANT Software GmbH & Co. KG-
Disclaimer: This English translation of Terms and Conditions is for information purpose. The English translation is not legally binding. Only the original version in German is legally binding.
The Provider shall provide the contractual services, in particular access to the software, in its area of (from the interface of the computer centre to the Internet). The scope of services, the The scope of services, the quality, the intended use and the conditions of use of the services of the services covered by the contract are set out in the respective service description, supplemented by the operating of the software.
Any additional services, such as the development of customised solutions or necessary adaptations, shall require a separate contract.
The Provider may provide updated versions of the software.
The Provider shall inform the Customer about updated versions and corresponding instructions for use electronically and make them available accordingly. electronically and make them available accordingly.
2. Scope of use
The contractual services may only be used by the customer and only for the purposes agreed in the contract. agreed in the contract. During the term of the contract, the customer may access the services access the contractual services by means of telecommunication (via the Internet) and by means of a browser or another suitable application (e.g. “app”) to use the functionalities associated with the software as software in accordance with the contract. Any rights going beyond this, in particular to the software or the the infrastructure services provided in the respective data centre, if any, shall not be granted to the customer. Any further use requires the prior written consent of the Provider.
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 software or parts thereof.
The Provider shall be entitled to take appropriate technical measures to protect against non use not in accordance with the contract. The use of the services in accordance with the contract may not be more than impaired more than insignificantly.
In the event of a user exceeding the scope of use in breach of the contract or in the event of an unauthorised transfer of use, the customer shall immediately provide the provider, upon request, with all the information available to him to assert the claims. information available to him for the assertion of claims due to the use in breach of contract, in particular the name and address of the user.
The Provider may revoke the Customer’s access authorisation and / or terminate the contract if the Customer considerably exceeds the use permitted to him or violates regulations for protection against unauthorised use. In connection with this, the provider may interrupt or block access to the contractual services. interrupt or block access to the contractual services. The provider must always set the customer a reasonable period of grace for remedial action beforehand. The sole revocation of the access authorisation 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 authorisation without termination for a reasonable period of time, up to a maximum of 3 months.
The Provider’s claim to remuneration for use exceeding the agreed use remains unaffected.
The customer has a claim to the re-granting of the access authorisation and the access possibility after he has proven that he has ceased the use in breach of contract and has prevented future use in breach of contract.
3. Availability, performance deficiencies
The availability of the services provided results from the service description.
In the event of only an insignificant reduction in the suitability of the services for contractual use, the customer shall have no the customer shall have no claims based on defects. The strict liability of the supplier for defects which have for defects which were already present at the time of conclusion of the contract is excluded.
4. Data protection
Insofar as the Provider has access to personal data of the Customer or from the Customer’s sphere, the Provider shall act exclusively as a processor and shall process and use such data only for the performance of 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 data protection requirements.
The customer remains both generally in the contractual relationship as well as in the sense of data protection law the responsible party. If the customer processes personal data in connection with the contract (including collection and use) in connection with the contract, the customer warrants that it is entitled to do so in accordance with the applicable provisions, in particular the provisions of data protection law, data protection regulations and, in the event of a violation, shall indemnify the Provider from claims of third parties.
The following shall apply to the relationship between the Provider and the Customer: vis-à-vis the data subject, the person concerned, the responsibility for the processing (including collection and use) of personal data lies with the data, except to the extent that the Provider is liable for any claims of the data subject due to a breach of duty attributable to the Provider. The customer shall responsibly examine, process and respond to any enquiries, applications 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 shall support the Customer within the scope of its duties.
The Provider guarantees that data of the Customer 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, unless otherwise agreed.
5. Obligations of the customer
The customer shall protect the access authorisations as well as identification and authentication information assigned to him or to the users from authentication information from access by third parties and not to pass them on to unauthorised persons. unauthorised persons.
The customer is obliged to indemnify the provider against all claims of third parties based on infringements of the law which are based on an infringement of the law. infringements which are based on an unlawful use of the subject matter of the service by him or which are made with his with his approval. If the customer recognises, or must recognise, that such an infringement is imminent, there is the obligation to inform the Provider without delay.
The customer shall use the possibilities provided by the provider to secure his data in his original area of responsibility. area of responsibility.
6. Use in breach of contract, compensation for damages
For each case in which a contractual service is used without justification in the customer’s sphere of responsibility, the customer shall pay the customer is responsible, 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 to this service. The proof that the customer is not responsible for the unauthorised use or that no The customer reserves the right to prove that the customer is not responsible for the unauthorised use or that there is no damage or significantly less damage. The provider remains entitled to claim further damages.
7. Fault management
The Provider shall receive fault reports from the Customer, assign them to the agreed fault categories (clause 7.3) and, on the basis of this assignment, carry out the agreed measures to analyse and rectify faults. and rectification of faults on the basis of this allocation.
During its normal business hours, the Provider shall receive proper fault reports from the Customer and shall Customer during its normal business hours and provide each with an identifier. At the Customer’s request, the Provider shall confirm receipt of a fault report by informing the Customer of the assigned identification.
Unless otherwise agreed, the Provider shall assign received fault reports to one of the following categories after first reviewing them:
a) Serious fault
The malfunction is based on a defect in the contractual services which impairs the use of the contractual services, including the use of the services in question. use of the contractual services, in particular the software, is impossible or only possible with severe software is only possible with severe restrictions. The customer cannot reasonably circumvent this problem and therefore and therefore cannot complete tasks that cannot be postponed.
b) Other disruption
The disruption is due to a defect in the contractual services which prevents the use of the contractual services, including the use of the software. the use of the contractual services, in particular the software, by the customer to a greater software more than insignificantly, without there being a serious malfunction.
c) Other reports
Fault reports which do not fall into categories a) and b) are assigned to the other reports. assigned. Other reports shall only be handled by the provider in accordance with the agreements made for this purpose. treated.
In the case of reports of serious faults and other faults, the Provider shall immediately take appropriate measures on the basis of the circumstances communicated by the customer in order to first localise the cause of the fault.
If, after initial analysis, the reported malfunction does not turn out to be a fault in the contractual services services, in particular the software provided, the Provider shall inform the Customer of this immediately. customer without delay. Otherwise, the Provider shall arrange for appropriate measures to be taken for further analysis and to rectify the notified fault or – in the case of third-party software – shall forward the fault report together with its analysis results to the distributor or manufacturer. the results of its analysis to the distributor or manufacturer of the third-party software with the request for remedial action.
The Provider shall inform the Customer of any measures available to it to circumvent or rectify a fault in the contractual services. of the contractual services, in particular the software provided, such as instructions for action or instructions or corrections of the software provided, without undue delay.
The Customer shall immediately adopt such measures for the avoidance or correction of faults and shall immediately report any remaining faults to the Provider again when using them.
8. Contact point (hotline)
8.1 Contractual services
The Provider shall set up a point of contact for the Customer (hotline). This office shall process the customer’s enquiries in connection with the technical requirements and conditions of use of the software provided as well as individual functional aspects. provided software as well as on individual functional aspects.
8.2 Acceptance and processing of enquiries
A prerequisite for the acceptance and processing of enquiries is that the customer provides the provider with appoint personnel with the appropriate professional and technical qualifications to deal internally with the processing enquiries from users of the software provided. The customer is only to address enquiries to the hotline via this personnel named by the provider and to use forms and to use forms provided by the Provider. The hotline accepts such enquiries by e-mail, fax and telephone during telephone during the Provider’s normal business hours.
The hotline shall process and, as far as possible, answer proper enquiries in the normal course of business. answer them. The hotline may refer to documentation available to the customer and other training resources for the software provided. Insofar as an answer by the hotline is not possible or not possible in a timely manner, the provider shall – insofar as this is expressly agreed – forward the enquiry for processing, in particular enquiries about software not produced by it.
Further services provided by the hotline, such as other response times and periods as well as on-call services or of the Provider on the Customer’s premises shall be expressly agreed in advance. 9.
9. Term and termination of the contract
The provision of the contractually agreed services shall take place from the date specified in the contract initially for the duration of the term agreed in the contract. During this minimum term a premature termination of the contract by either party is excluded.
The contract may be terminated with three months’ notice, at the earliest at the end of the minimum term. minimum term. If this is not done, the contract shall be renewed for a further year in each case, unless it is terminated the contract has not been terminated with a notice period of 3 months to the end of the respective extension period.
The right of each contracting party to extraordinary termination for good cause shall remain unaffected.
Any notice of termination must be in writing to be effective. Section 8.4 AV TOLERANT Software GmbH & Co. KG.
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 Supplier will support the Customer in this respect, clause 4.3 GTC applies. TOLERANT Software GmbH & Co. KG shall apply. The Customer will generally no longer be able to access these data files after termination of the contract for reasons of data protection.
10. Validity of the AV TOLERANT Software GmbH & Co. KG
In addition, the General Terms and Conditions of TOLERANT Software GmbH & Co. KG (AV TOLERANT Software GmbH & Co. KG) shall apply.