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GTC

Effective from 01/2020

General Terms and Conditions (GTC)

§ 1 General Contract Term and Termination

1.1 The service contract for each agreed module has a basic term of 12 months and is automatically extended for the respective module by the basic term unless it is terminated in writing with a notice period of three months before the end of the respective basic term. If a specific contract term beyond the basic term has been selected, for which a discount has been granted according to the service agreement, and if machines are removed prematurely, the customer must repay the discount for the fulfilled contract months to K&P Computer unless a service start for a machine with the same function is communicated within four weeks. At the end of the agreed term, the conditions for an indefinite term automatically apply.

1.2 If machines are deinstalled or the customer no longer permanently uses certain applications, the customer must notify K&P Computer of these changes with a one-month notice period to the end of the month in writing. K&P Computer will adjust the service agreement accordingly. The corresponding service fee will no longer be charged in the following month.

1.3 If a manufacturer discontinues support for hardware or software that is the subject of services provided by K&P Computer, or can no longer ensure 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 may terminate the service contract for all modules without notice if the customer fails to make due payments despite a written reminder within a reasonable time or allows service work on the machines under this service contract to be performed by technicians other than those from the manufacturer or K&P Computer. In these cases, K&P Computer may immediately discontinue the service.

§ 2 Fees and Payment Terms

2.1 The monthly fee is determined by the service agreement(s). The fee is payable in advance on the first day of the selected billing period according to the service agreement. If the customer pays the fee for two or more years in advance and has received a discount for this according to the service agreement, K&P will refund the service fee paid in advance for unfulfilled contract months if machines are removed prematurely. In this case, the advance payment discount granted for the fulfilled contract months will be deducted from the refund unless a service start for a machine with the same function is communicated within four weeks.

2.2 If the manufacturer changes the terms, prices, or scope of supported programs for machines and programs covered by the service contract, K&P Computer is entitled to adjust the contractual terms, particularly the service fees, accordingly. Even in the case of a price change, K&P Computer will ensure that the percentage price difference to the current manufacturer’s flat rate for comparable services is maintained. If K&P Computer independently increases prices, the customer has the right to object within four weeks of notification. If no agreement can be reached, the customer has the right to terminate the service contract for the affected module with a notice period of one month from the failure of the negotiations. Prices will not be adjusted during a multi-year advance payment period.

2.3 Features (machines or machine parts, other equipment, etc.) or software components and programs not timely, incomplete, or incorrectly listed in the service agreement will be corrected by K&P Computer upon detection. K&P Computer is entitled to claim back service fees for these features from the contract start based on K&P Computer’s generally applicable price list. If the customer proves that these features were only deployed after the contract start, service fees will be calculated from the time provided by the customer. Services for these features and their inclusion in the service agreement can only be utilized after K&P Computer verifies the functionality of these features.

2.4 If the customer participates in the direct debit system, K&P Computer will debit the service fee from the customer’s account no earlier than the due date.

2.5 K&P Computer may, in exceptional cases, commission the manufacturer to rectify disruptions. No additional costs will be incurred by the customer. Should the manufacturer require a cost assumption confirmation from the customer, the customer must send this to the manufacturer.

2.6 K&P Computer ensures that manufacturer invoices for relevant contract services are checked immediately upon receipt of the invoice copies and performance evidence and paid on the customer’s behalf. The customer will receive a payment confirmation and a credit for the service fee from K&P Computer. Both positions will be offset.

§ 3 Data Protection and Confidentiality

3.1 All information and documents made available to the contractual parties due to or during the contractual cooperation must be treated confidentially beyond the end of the service contract, unless they are already publicly known.

3.2 Additionally, K&P Computer strictly applies the European General Data Protection Regulation (GDPR) and complies with the customer’s communicated data protection guidelines.

§ 4 Liability

4.1 K&P Computer is not responsible for the proper performance of services by the manufacturer’s technology. Any claims for damages caused by the manufacturer’s employees must be directed by the customer to the manufacturer, particularly claims for delay, positive breach of contract, and consequential damage from defects.

4.2 K&P Computer is fully liable in cases of intent and gross negligence.

4.3 Otherwise, K&P Computer’s liability—regardless of the legal basis—is limited to the slightly negligent violation of essential obligations for fulfilling the contract’s purpose and is restricted to compensation for damages typical for such business that were foreseeable at the time of the contract or at the latest at the time of the breach of duty. In these cases of slight negligence, K&P Computer is not liable for data loss and program damages, nor for the resulting indirect and consequential damages, as long as the loss of data and programs could have been avoided through proper data backup by the customer.

4.4 Claims by the customer under the Product Liability Act or for compensation of damages due to the absence of guaranteed characteristics, which have occurred specifically because of the absence of such characteristics, remain unaffected.

4.5 K&P Computer assumes no responsibility for defects and damage arising from improper or incorrect use, disregard of instructions, or negligent handling. This applies especially to the operation of items with incorrect current or voltage and connection to unsuitable power sources. The same applies to defects and damage caused by fire, lightning, explosion, network-related overvoltage, moisture of any kind, or incorrect or faulty program software and/or processing data unless the customer proves that these circumstances were not the cause of the claimed defects.

§ 5 General Provisions

5.1 Changes to this service contract must be made in writing, and this requirement can only be waived in writing.

5.2 K&P Computer’s express written consent is required for the application of the customer’s general terms and conditions or other conditions as a basis for the contract, even if K&P Computer receives a purchase confirmation after the contract conclusion, which refers to such terms.

5.3 German law applies to all claims arising from the business relationship with the customer.

5.4 The invalidity of individual provisions of this service contract does not affect the validity of the remaining contract. The invalid provisions shall be replaced by valid provisions that most closely reflect the economic intent of the parties.

5.5 The place of jurisdiction is Wiesbaden.

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