valid as of 01/2020
§ 1 General term of contract and notice of termination
1.1 For each module contract that has been agreed upon, the service contract has a standard duration of 12 months and is automatically extended by the same amount of time for the module in question unless said contract is terminated in writing within three months of the end of the contract duration. Should a certain contract duration exceeding the standard duration be chosen, for which a discount was granted in accordance with the service certificate, and should equipment be disassembled ahead of schedule, said discount for the months in which the contract was executed shall be paid back by the client to K&P Computer, unless the beginning of services for equipment with the same function is announced within 4 weeks. At the end of the duration that has been agreed upon, the conditions for unspecified contract duration shall apply.
1.2 If machines are uninstalled or customer applications are permanently no longer used, the customer notifies K&P Computer in writing of these changes within one month of the end of the month. The service certificate will be adjusted accordingly by K&P Computer. A calculation of the relevant service remuneration will then no longer take place in the following month.
1.3 If a manufacturer discontinues support for hardware or software that is the subject of the services provided by K&P Computer or no longer guarantees the availability of spare parts, K&P Computer is entitled to terminate the related services from the service contract with one month’s notice to the end of the month.
1.4 K&P Computer can cancel the service contract for all modules without notice if the customer does not make due payments within a reasonable period despite a written reminder or if he has service work on the machines under this service contract carried out by other than manufacturer or K&P Computer technicians. In these cases K&P Computer can immediately stop the services.
§ 2 Remuneration and Terms of Payment
2.1 The monthly fee is stated in the service certificate(s). The remuneration shall be due in advance on the first day of the selected calculation period in accordance with the service certificate. If the customer pays the remuneration for two or more years in advance in one sum and has received a discount for this according to the service certificate, K&P will reimburse prepaid service remuneration for unfulfilled contract months in case of premature dismantling of machines. In this case, the prepayment discount granted for the fulfilled contract months will be deducted from the refund amount if a start of service for a machine with the same function is not notified within 4 weeks.
2.2 If the manufacturer changes the contractual conditions, the prices or the scope of the programs to be supported for the services to be used by the customer according to this service contract, K&P Computer is entitled to adjust the contractual conditions, in particular the service remuneration, accordingly. K&P Computer ensures that even in case of a price change the percentage price difference to the current manufacturer’s flat rate contract for comparable services is maintained. If K&P Computer carries out a price increase independently of the manufacturer, the customer has a right of objection of 4 weeks from notification, contrary to the above provision. If no agreement can be reached, the customer has the right to terminate the service contract for the affected module extraordinarily by giving one month’s notice from the failure of the agreement. The prices will not be adjusted within an advance payment period of several years.
2.3 Features (machines or machine parts, other devices, etc.) or software components and programs to be supported, which are not listed in time, incomplete or incorrect in the service certificate, will be corrected by K&P Computer after detection in the service certificate. K&P Computer is entitled to subsequent payment of the service remuneration for such features from the beginning of the contract with the prices of the generally valid price list of K&P Computer. If the customer proves that such features were only used after the beginning of the contract in the form determined later, the service fees will be charged from the time proven by the customer. The customer can only make use of services for such features and their inclusion in the service certificate after the functionality of these features has been checked by K&P Computer.
2.4 If the customer participates in the direct debit procedure, K&P Computer will debit the service fee from the customer’s account at the earliest at the due date.
2.5 In exceptional cases, K&P Computer may instruct the manufacturer to rectify the fault. The customer does not incur any additional costs. If, in such cases, the manufacturer requires the customer himself to provide a confirmation of assumption of costs, this must be sent by the customer to the manufacturer.
2.6 K&P Computer ensures that the manufacturer’s invoices for services relevant to the contract are checked and paid for the customer’s account immediately after receipt of the copies of the invoice and the corresponding proofs of services. The customer will receive a payment confirmation as well as a credit note for the service remuneration from K&P Computer. Both items are offset against each other.
§ 3 Data Protection and Confidentiality
3.1 All information and documents given or made accessible to the contractual partners on the basis of or occasionally in the course of contractual cooperation shall be treated confidentially even after the end of the service contract, unless they are generally known.
3.2 Otherwise, K&P Computer strictly applies the European Basic Data Protection Regulation and observes the customer’s data protection guidelines communicated to it.
§ 4 Liability
4.1 K&P Computer is not responsible for the proper provision of services by the technology of the manufacturer. The customer has to assert any claims for damages caused by the employees of the manufacturer directly against the manufacturer, especially claims for delay, positive breach of contract and consequential damages.
4.2 K&P Computer has unlimited liability in case of intent and gross negligence.
4.3 Furthermore, the liability of K&P Computer – for whatever legal reason – is limited to the slightly negligent violation of obligations essential for the fulfillment of the purpose of the contract and, in terms of amount, to the compensation of damages typical for comparable transactions of this kind, which were foreseeable at the time of conclusion of the contract or at the latest at the time the violation of obligations was committed. In these cases of slightly negligent breach of duty, K&P Computer shall not be liable for the loss of data and programs and thus not for compensation of the consequential damages caused thereby as well as indirect damages, provided that the loss of data and programs would have been avoided if the customer had properly backed up the data and programs.
4.4 Claims of the customer under the Product Liability Act or for compensation for damages due to the lack of warranted characteristics which occurred precisely due to the lack of such characteristics shall remain unaffected by this.
4.5 K&P Computer accepts no liability for defects and damages resulting from unsuitable or improper use, non-observance of application instructions or incorrect or negligent handling. This applies in particular to the operation of objects with the wrong type or voltage of current as well as connection to unsuitable power sources. The same applies to defects and damage caused by fire, lightning, explosion or network overvoltage, moisture of any kind, incorrect or faulty program software and/or processing data, unless the customer can prove that these circumstances are not the cause of the defects reported.
§ 5 General
5.1 Amendments to this service contract must be made in writing, which can only be waived in writing.
5.2 In particular, K&P Computer shall not be deemed to have given its express and written consent if and to the extent that K&P Computer receives an order confirmation from the customer after conclusion of a contract, which K&P Computer returns signed to the customer, referring to the validity of the general terms and conditions or other terms and conditions of the customer as the basis of the contract.
5.3 The law of the Federal Republic of Germany shall apply exclusively to all claims arising from the business relationship with the customer.
5.4 The invalidity of individual provisions of this service contract shall not affect the validity of the remainder of the contract. The invalid provision shall be replaced by a valid provision that comes closest to the economic intent of the parties.
5.5 Place of jurisdiction is Wiesbaden.
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