Terms of Use
General Terms and Conditions
Terms and Conditions for the Use of Software on the Internet
Terms and Conditions for the Purchase of Hardware

 

1. Compensation, Payment, Performance Guarantee, Deadlines

1.1 Unless otherwise agreed, remuneration will be calculated on a time-and-materials basis, according to the provider’s standard rates applicable at the time the contract is concluded. As a rule, remuneration amounts are net prices plus any applicable statutory VAT.

The provider bill on a monthly basis. If services are billed on a time-and-materials basis, the provider must document provider nature and duration of the work and include this documentation with the invoice.

1.2 All invoices are generally due for payment in full, without deduction, no later than 14 calendar days after receipt.

1.3 The customer may only set off claims or withhold payments on the grounds of defects if they are entitled to payment due to material or legal defects in the service. With regard to other defects-related claims, the customer may only withhold a proportion of the payment that is reasonable in light of the defect. Clause 4.1 applies mutatis mutandis. The customer shall have no right of retention if their claim relating to defects has become time-barred. Furthermore, the customer may only set off or exercise a right of retention in respect of undisputed claims or claims that have been established by a final and binding judgement.

1.4 The provider ownership of and all rights to the services until the fees owed have been paid in full; legitimate deductions for defects pursuant to Section 1.3, Sentence 2, will be taken into account. Furthermore, the provider reserves provider until all of its claims arising from the business relationship with the customer have been satisfied. The provider entitled to prohibit the Customer from further use of the Services for the duration of any delay in payment by the Customer. The provider may exercise this right provider for a reasonable period of time, generally for no more than 6 months. This does not constitute a withdrawal from the contract. Section 449(2) of the German Civil Code (BGB) remains unaffected. If the customer or its end user returns the services, the provider’s acceptance of the services does not constitute a withdrawal from the contract, unless the provider has expressly declared such withdrawal. The same applies to the provider seizure of the goods subject to retention of title or of rights to such goods.

The customer may neither pledge nor assign as security any items subject to retention of title or legal reservation. The customer is permitted to resell such items only as a reseller in the ordinary course of business, provided that provider customer has effectively assigned to the provider its claims against its buyers in connection with the resale and that the customer transfers ownership to its buyer subject to payment. By entering into this contract, the customer provider to the provider , by way of security, its future claims against its customers arising from such sales, and the provider 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, provider the customer’s request, release a corresponding portion of the security interests.

1.5 In the event of a permissible transfer of rights of use to goods and services, the customer is obligated to impose the contractually agreed restrictions on the recipient.

1.6 If the customer fails to settle a due invoice in full or in part by the contractual due date, the provider may revoke the provider payment terms for all invoices. The provider further entitled to provide further services only against advance payment or against security in the form of a performance bond issued by a credit institution or credit insurer licensed in the European Union. The advance payment must cover the respective billing period or—in the case of one-time services—the fee for such services.

1.7 If the customer is financially unable provider fulfill its obligations to the provider , the provider may terminate provider exchange contracts with the customer by rescission and terminate continuing obligations without notice, even if the customer files for insolvency. Section 321 of the German Civil Code (BGB) and Section 112 of the German Insolvency Code (InsO) remain unaffected. The customer shall inform the provider in writing and provider of any impending insolvency.

1.8 Fixed service deadlines shall be agreed upon exclusively in writing. The agreement of a fixed service deadline is subject to the condition that the provider receives provider services from its respective suppliers in a timely manner and in accordance with the contract.

2. Cooperation, Obligations to Cooperate, Confidentiality

2.1 Each party (the Customer and the Supplier) shall appoint a designated contact person. Unless otherwise agreed, all communication between the customer and the supplier shall take place via these contact persons. These contact persons shall ensure that all decisions relating to the performance of the contract are made promptly. These decisions must be documented in a binding manner.

2.2 The Customer is obligated to assist the provider necessary and to create, within its sphere of operations, all conditions required for the proper performance of the order. To this end, the Customer shall, in particular, provide the necessary information and, where possible, grant remote access to the Customer’s system. If remote access is not possible for security or other reasons, the affected deadlines shall be extended appropriately; the contracting parties shall agree on an appropriate arrangement regarding any further consequences. The Customer shall also ensure that qualified personnel are available to assist the Provider.

If the contract provides that services may be performed on-site at the customer’s premises, the customer shall, at the provider’s request, provide sufficient workspaces and equipment free of charge.

2.3 Unless otherwise agreed, the Customer shall ensure that data and components (such as hardware and software) are properly backed up and protected against failure in a manner appropriate to their nature and importance.

2.4 The customer must report any defects in writing as soon as possible, providing a clear and detailed description of the issue and all relevant information for its identification and analysis. In particular, the customer must specify the steps that led to the defect occurring and describe its nature and consequences. Unless otherwise agreed, the relevant provider forms and procedures shall be used for this purpose.

2.5 Upon request, the Customer shall provide the provider reasonable assistance provider reviewing and asserting claims against other parties in connection with the provision of services. This applies in particular to the Provider’s claims for recourse against upstream suppliers.

2.6 The contracting parties must keep confidential any trade secrets or other information (e.g. in records, documents or databases) that they become aware of in connection with the contract, and must not use it for any purpose other than that of the contract or disclose it without the written consent of the other contracting party.

The receiving party must take appropriate measures to protect any trade secrets or confidential information. Neither party is permitted to obtain the other party’s trade secrets by observing, examining, reverse-engineering or testing the subject matter of the contract. The same applies to any other information or items obtained during the performance of the contract.

Disclosure of trade secrets and other confidential information to individuals not involved in concluding, performing or settling the contract may only take place with the written consent of the other party. Unless otherwise agreed, the obligation of confidentiality regarding such information shall expire five years after it becomes known. However, in the case of continuing obligations, this shall not occur before such obligations terminate. Trade secrets must be kept confidential indefinitely.

The contracting parties shall also impose these obligations on their employees and any third parties they may engage.

2.7 The contracting parties acknowledge that electronic and unencrypted communication (e.g., via email) involves security risks. Accordingly, they will not assert any claims based on the lack of encryption in connection with this type of communication, unless encryption has been agreed upon in advance.

3. Disruptions in service delivery

3.1 If the deadlines cannot be met due to circumstances beyond the Supplier’s control, including a strike or lockout (‘Disruption’), the deadlines will be extended by the duration of the Disruption, including a reasonable restart period where necessary. The contracting party experiencing the disruption must inform the other contracting party without delay of the cause and duration of the postponement.

3.2 If the provider incurs additional expenses due to a malfunction, the provider may provider demand reimbursement for such expenses, unless the customer is not at fault for the malfunction and its cause lies outside the customer’s sphere of responsibility.

3.3 If the Customer is entitled to withdraw from the contract and/or claim damages in lieu of performance due to the Provider’s failure to perform properly, or if the Customer asserts such rights, the Customer shall, at the Provider’s request, declare in writing within a reasonable period of time whether the Customer intends to assert these rights or wishes to continue receiving the services. In the event of withdrawal, the Customer must reimburse the provider for provider value of any prior use; the same applies to any deterioration resulting from normal use.

If the provider is in default provider the provision of services, the customer’s claim for damages and reimbursement of expenses due to the default is limited to 0.5% of the price for the portion of the contractual service that cannot be used as a result of the default for each full week of the default. Liability for delay is limited to a total of no more than 5% of the remuneration for all contractual services affected by the delay; in the case of continuing obligations, this is 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 contract conclusion, as agreed upon at the time of contract conclusion, shall apply. This shall not apply to the extent that 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 has the right to cancel the contract in accordance with statutory provisions only if the provider is provider the delay. If the customer justifiably claims damages or reimbursement of expenses in lieu of performance due to the delay, the customer is entitled to demand 1% of the price for the portion of the contractual service that cannot be used due to the delay for each completed week of the delay, but not exceeding 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 contract conclusion shall apply.

4. Material Defects and Reimbursement of Expenses

4.1 The Provider warrants that the services comply with the contractual specifications. No claims for material defects shall arise in respect of minor deviations of the Provider’s services from the specifications set out in the contract. Claims relating to defects shall also not be valid in the event of excessive or improper use, natural wear and tear, failure of components in the system environment, software errors that cannot be reproduced or demonstrated by the customer, or damage caused by external influences not covered by the contract. The same applies if the customer or third parties subsequently modify or repair the services, unless this does not impede the analysis and rectification of a material defect.

Section 6 applies additionally to claims for damages and reimbursement of expenses.

4.2 The limitation period for claims arising from material defects is one year from the start of the statutory limitation period. The statutory time limits for recourse under Section 478 of the German Civil Code (BGB) remain unaffected. The same applies where longer time limits are prescribed by law pursuant to Sections 438(1)(2) and 634a(1)(2) of the German Civil Code (BGB) in cases of intentional or grossly negligent breach of duty by the supplier; fraudulent concealment of a defect; injury to life, limb or health; and claims arising under the Product Liability Act.

provider processing of a customer’s report of a material defect only provider to interrupt the statute of limitations, provided that the legal requirements for doing so are met. This does not result in a new commencement of the statute of limitations.

Subsequent performance (replacement or repair) may affect only the statute of limitations applicable to the defect that gave rise to the subsequent performance.

4.3 The provider request compensation for its expenses, provided that

(a) it takes action in response to a report without there being any defect, unless the customer could not have reasonably determined that no defect existed, or

(b) a reported malfunction cannot be reproduced or otherwise demonstrated 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 5.2).

5. Legal defects

5.1 The Provider shall only be liable for infringements of third-party rights arising from its service, provided that the service is used in accordance with the contract, particularly with regard to the contractually agreed or otherwise intended operating environment, and without modification. The provider shall only be liable for infringements of third-party rights within the European Union and the European Economic Area, and at the place where the service is used under the contract. Clause 4.1, sentence 1 shall apply mutatis mutandis.

5.2 If a third party asserts against the Customer that a service provided by the Provider infringes upon its rights, the Customer shall notify the provider immediately. The provider , where applicable, its suppliers are entitled, but not obligated, to defend against the asserted claims at their own expense, to the extent permitted by law. The Customer is not entitled to acknowledge third-party claims before giving the provider a provider opportunity to defend against the third party’s rights by other means.

5.3 If a service provided by the Provider infringes the rights of third parties, the provider shall, provider its own discretion and at its own expense,

(a) grant the customer the right to use the service or

(b) make the performance non-infringing, or

(c) withdraw from the contract and refund the consideration paid by the customer (less a reasonable fee for use) if the provider is provider to remedy the situation through reasonable efforts.

The customer's interests are given due consideration in this process.

5.4 The customer’s claims relating to defects of title are subject to the limitation period set out in clause 4.2. Clause 6 applies to the customer's claims for damages and reimbursement of expenses, and clause 4.3 applies to any additional costs incurred by the provider.

6. General Liability of the Provider

6.1 The provider shall be liable to the customer at all times.

(a) for damages caused by him, his legal representatives, or his agents through willful misconduct or gross negligence,

(b) under the Product Liability Act and

(c) for damages resulting from injury to life, limb, or health for which the provider, its legal representatives, or its agents are responsible.

6.2 The provider not provider for slight negligence, except to the extent that it has breached a material contractual obligation, the fulfillment of which is essential for the proper performance of the contract or the breach of which jeopardizes the achievement of the purpose of the contract, and on the observance of which the customer may regularly rely. This liability is limited to foreseeable damages typical for this type of contract in the case of property damage and financial loss. This also applies to lost profits and unrealized savings. Liability for other remote consequential damages is excluded.

Liability for any single claim is limited to the contract value. In the case of ongoing remuneration, liability is limited to the remuneration amount per contract year, provided it is no less than €50,000. Clause 4.2 applies mutatis mutandis to the limitation period. Upon conclusion of the contract, the contracting parties may agree in writing to extend liability, usually in return for separate remuneration. Any liability limit agreed upon individually shall take precedence. Liability pursuant to clause 6.1 remains unaffected by this paragraph. Additionally, and taking priority, the provider's liability for slight negligence arising from the respective contract and its fulfilment, with regard to damages and reimbursement of expenses, is limited, irrespective of the legal basis, to a percentage of the agreed remuneration at the time of contract conclusion, as set out in the contract. Liability under Clause 6.1(b) is not affected by this paragraph.

6.3 The provider shall be liable for damages arising from a warranty statement provider if such liability is expressly assumed in the warranty. In cases of slight negligence, this liability is subject to the limitations set forth in Section 6.2.

6.4 In the event that data or components (such as hardware or software) need to be restored, the provider shall be liable provider for the costs necessary for such restoration, provided that the customer has properly backed up the data and taken appropriate measures to prevent system failure. In cases of slight negligence on the part of the provider, this liability applies only if the customer has implemented data backup and failure prevention measures appropriate to the nature of the data and components prior to the incident. This does not apply to the extent that such measures are agreed upon as a service provided by the provider.

6.5 Sections 6.1 through 6.4 provider mutatis mutandis to the Customer’s claims for reimbursement of expenses and other liability claims against the provider . Sections 3.3 and 3.4 remain unaffected.

7. Privacy Policy

The customer will enter into the necessary agreements with the provider regarding the handling of personal data in accordance with data protection laws. Please refer to our Privacy Policy.

8. Miscellaneous

8.1 The customer is solely responsible for complying with all applicable import and export regulations, particularly those of the USA, relating to the goods or services. In the case of cross-border deliveries or services, the customer shall be liable for any customs duties, fees and other charges incurred. The customer shall be responsible for handling any legal or regulatory procedures relating to cross-border deliveries or services, unless otherwise expressly agreed.

8.2 German law applies. The application of the UN Convention on Contracts for the International Sale of Goods is excluded.

8.3 The provider its services in accordance with its General Terms and Conditions (GTC). The customer’s General Terms and Conditions shall not apply, even if the provider has not expressly objected provider .

The customer’s acceptance of the services constitutes acceptance of the provider’s Terms and Conditions and a waiver of the customer’s own terms and conditions. Other terms and conditions are binding only if the provider has accepted provider in writing; in such cases, the provider’s Terms and Conditions shall apply in addition.

8.4 Any amendments or additions to this contract must be agreed in writing. Where written confirmation is required (e.g. for termination or withdrawal notices), an electronic form is not sufficient.

8.5 The place of jurisdiction for disputes with a merchant, a legal entity under public law, or a special fund under public law is the provider’s place of business. The provider also bring an action against the customer at the customer’s place of business.

Published by: Bitkom Servicegesellschaft mbH

Issued to: menio GmbH

23.07.2020

Terms and Conditions for the Use of Software via the Internet (Software as a Service)

1. Services

1.1 The Provider shall make the contractual services available within its sphere of control, particularly with regard to access to the software (from the data centre interface to the internet). The scope, nature, intended use and conditions of use of the contractual services are set out in the relevant service description and software user manual.

1.2 Any additional services, such as the development of customized solutions or necessary modifications, require a separate contract.

1.3 The provider make updated versions of the software available. The provider notify the customer of updated versions and related usage instructions electronically and make them available accordingly.

2. Scope of Use

2.1 The Customer may only use the services covered by this contract for the purposes agreed in the contract. During the term of the contract, the Customer may access these services via the internet and use the associated software functionalities in accordance with the contract, via a browser or another suitable application (e.g. an app). The Customer shall not be granted any additional rights, particularly with regard to the software or any infrastructure services provided in the relevant data centre. Any further use requires the prior written consent of the Provider.

2.2 In particular, the Customer must not use the software beyond the agreed scope, permit third parties to use it, or make it accessible to them. The Customer is not permitted to reproduce, sell, temporarily transfer, rent out or lend the software or any part thereof.

2.3 The provider entitled to take reasonable technical measures to prevent use that is not in accordance with the contract. Such measures must not impair the contractual use of the services to any significant extent.

2.4 In the event that a user exceeds the scope of use in violation of the contract, or in the event of unauthorized use, the customer must, provider request, immediately provide the provider with all information available to the customer necessary to assert claims arising from such breach of contract, including, in particular, the user’s name and address.

2.5 The provider revoke the customer’s access authorization and/or terminate the contract if the customer significantly exceeds the permitted usage or violates regulations designed to prevent unauthorized use. In connection with this, the provider may suspend or block provider to the contractual services. The provider generally grant the customer a reasonable grace period in advance to remedy the situation. The revocation of access rights alone does not constitute termination of the contract. The provider may maintain the revocation of access rights without termination provider for a reasonable period, not exceeding 3 months.

2.6 The provider’s right to compensation for any use exceeding the agreed-upon scope remains unaffected.

2.7 The customer is entitled to have access rights and access restored after demonstrating that they have ceased the unauthorized use and have taken steps to prevent any future unauthorized use.

3. Availability, Defects in Performance

3.1 The availability of the services provided is set forth in the service description.

3.2 If the services are only slightly less suitable for their intended use, the customer cannot claim for defects. The provider shall not be held strictly liable for any defects that existed at the time the contract was concluded.

4. Privacy Policy

4.1 Where the Provider has access to personal data belonging to the Customer or data originating from the Customer, the Provider shall act exclusively as a data processor and shall process and use such data solely for the purpose of performing the contract. The Provider shall comply with the Customer’s instructions regarding the handling of such data. The customer shall bear any adverse consequences of these instructions on the performance of the contract. The Customer shall agree the details of how the Provider handles the Customer’s data with the Provider in accordance with data protection requirements.

4.2 The Customer remains the data controller both in the context of the contractual relationship and under data protection law. If the Customer processes personal data in connection with the contract (including collection and use), the Customer warrants that it is authorized to do so in accordance with applicable laws, particularly data protection laws, and shall indemnify the provider any claims by third parties in the event of a violation.

4.3 The following applies to the relationship between provider the customer: The customer is responsible to the data subject for the processing (including collection and use) of personal data, except to the extent that the provider is liable for provider claims by the data subject arising from a breach of duty attributable to the provider. The customer shall responsibly review, process, and respond to any inquiries, requests, and claims from the data subject. This also applies if the data subject makes a claim against the provider. The provider support the customer within the scope of its obligations.

4.4 The provider that the customer’s data will be stored exclusively within the territory of the Federal Republic of Germany, in a member state of the European Union, or in another signatory state to the Agreement on the European Economic Area, unless otherwise agreed.

5. Customer Obligations

5.1 The customer must protect their access rights and the access rights of other users, as well as their identification and authentication information, from unauthorised access by third parties. They must also not disclose this information to unauthorised persons.

5.2 The customer is obligated provider indemnify the provider all claims by third parties arising from legal violations resulting from the customer’s unlawful use of the subject matter of the service or from such use occurring with the customer’s consent. If the customer becomes aware or should become aware that such a violation is imminent, the customer is obligated to notify the provider immediately.

5.3 The customer must use the tools provider by provider to back up their data within their own area of responsibility.

6. Breach of Contract, Damages

If a service covered by the contract is used without authorisation within the customer’s sphere of responsibility, the customer must pay compensation equivalent to the fee that would have been incurred for the contractual use of that service over the applicable minimum contract term. The customer has the right to prove that they are not responsible for the unauthorised use, or that significantly less damage has been incurred. However, the Provider remains entitled to claim further damages.

7. Incident Management

7.1 The Provider shall receive fault reports from the Customer and classify them according to the agreed fault categories (see Clause 7.3). The Provider shall then carry out the agreed measures for analysing and resolving faults on the basis of this classification.

7.2 During its normal business hours, the provider accept valid service disruption reports from the customer and assign a reference number to each one. Upon the customer’s request, the provider will confirm provider a service disruption report and provide the assigned reference number.

7.3 Unless otherwise agreed, the provider will classify provider trouble tickets into one of the following categories after an initial review:

a) Serious disruption

The disruption is caused by a fault in the contractual services, which makes it impossible to use those services — particularly the software — or permits their use only with significant restrictions. Customers are unable to circumvent this problem in a reasonable manner and are therefore unable to carry out tasks that cannot be postponed.

b) Other malfunction

The disruption is due to a fault in the contractual services, which restricts customers' use of these services, particularly the software, to a significant extent. However, this does not constitute a serious disruption.

c) Other report

Fault reports that do not fall under categories (a) and (b) are classified as "other reports." The provider will handle other reports provider in accordance with the agreements in place for such cases.

7.4 Upon receiving reports of serious malfunctions or other malfunctions, the provider will provider take appropriate measures based on the circumstances reported by the customer in order to first identify the cause of the malfunction.

If, based on an initial analysis, the reported issue is not found to be a defect in the contractual services, particularly the software provided, the provider notify the customer immediately.

Otherwise, the provider will take provider steps to further analyze and resolve the reported issue or—in the case of third-party software—forward the error report, along with its analysis results, to the distributor or manufacturer of the third-party software, requesting that they resolve the issue.

The provider immediately provide the customer with any measures available to it for circumventing or resolving a defect in the contractual services, in particular the software provided, such as instructions or corrections to the software. The customer shall immediately implement such measures to circumvent or resolve malfunctions and shall promptly report any remaining malfunctions to the provider their implementation.

8. Contact Center (Hotline)

8.1 Contractual Services

The provider a customer service hotline. This hotline will handle customer inquiries regarding the technical requirements and conditions for using the provided software, as well as specific functional aspects.

8.2 Receiving and Processing Inquiries

A prerequisite for the acceptance and processing of inquiries is that the Customer designates to the provider personnel who are appropriately qualified provider and technical skills and who are internally responsible for handling inquiries from users of the provided software. The Customer is obligated to direct inquiries to the hotline only through this provider personnel and to use the forms provider by provider . The hotline accepts such inquiries via email, fax, and telephone during the provider’s regular business hours.

The hotline will process valid inquiries in the normal course of business and respond to them to the extent possible. The hotline may refer the customer to documentation and other training materials available to the customer regarding the provided software. If the hotline is unable to provide a response or cannot do so in a timely manner, the provider provided this has been expressly agreed upon—will forward the inquiry for processing, particularly inquiries regarding software not produced by the provider.

Any additional services provided by the hotline, such as alternative contact times, different deadlines or on-call support, as well as visits by the provider to the customer’s premises, must be agreed in advance.

9. Term of the Agreement and Termination

9.1 The agreed services shall be provided from the specified start date, initially for the agreed term. During this minimum term, neither party may terminate the contract early.

9.2 The contract may be terminated by giving three months' notice, but not before the end of the minimum term. If this is not done, the contract will be extended by a further year, unless it has been terminated in the normal way by giving three months' notice before the end of the relevant extension period.

9.3 The right of each contracting party to terminate the contract for cause remains unaffected.

9.4 Any notice of termination must be in writing to be effective. Section 8.4 of the Bitkom General Terms and Conditions applies.

9.5 The Customer shall be responsible for backing up its data in a timely manner prior to the termination of the contract (e.g., by downloading it). Upon request, the provider will assist provider Customer in this process; Section 4.3 of the Terms and Conditions applies. For data protection reasons alone, the Customer will generally no longer have access to this data after the contract has been terminated.

In addition, the General Terms and Conditions apply (see above).

Terms and Conditions for the Sale of Hardware

1. Subject Matter of the Agreement

1.1 The specifications and scope of the hardware, along with the approved operating environment, are detailed in the relevant product description and user manual, unless otherwise agreed.

1.2 The hardware is delivered with installation instructions. Operating instructions (user documentation or online help) are provided only to the extent necessary for the intended use. The operating instructions and installation instructions may be made available to the customer electronically at the provider’s discretion, unless this would be unreasonable for the customer.

1.3 If the hardware delivery includes software that is essential for its proper functioning, the customer is granted only the right to use such software with this hardware. Other software is subject to separate terms and conditions.

1.4 Unless otherwise agreed, the customer shall install and commission the hardware. Any additional services provided by the provider at the customer's request, such as preparation for deployment, installation, demonstration of successful installation, induction, training and consultancy, will be invoiced on a time-and-materials basis.

2. Price, Transfer of Risk

2.1 Prices are valid for three months from the date the contract is concluded. After this period, the supplier may pass on any increase in the list price imposed by their supplier to the customer, provided this is done no later than one week before delivery. The customer may withdraw from the contract at any time up to the point of delivery, but no later than one month after being notified of the price increase, provided that the increase exceeds 5%.

2.2 Risk passes to the customer directly upon shipment from the distribution center. The customer is responsible for all transportation costs and shall indemnify the provider any and all transportation and handling costs.

3. Customer Obligations

3.1 The customer shall ensure that the operating and usage conditions necessary for the hardware (e.g. space, power supply and ambient temperature) are met. These conditions are specified in the contract and, where not specified therein, in the product description or user manual.

3.2 provider any necessary support, the Customer shall, in particular, grant the provider unrestricted access to the location where the hardware is installed, provide the necessary equipment in reasonable quantities at that location, and disclose relevant information (e.g., regarding operating conditions or modifications to the hardware).

4. Customer Claims for Defects

4.1 The Supplier warrants that the hardware complies with the terms set out in Section 1.1 when used in accordance with the contract. Section 5 of the General Terms and Conditions also applies in respect of defects of title.

With regard to material defects, Section 4 of the General Terms and Conditions of Business applies in addition, subject to the following provisions (Sections 4.2 through 4.4).

4.2 The customer is only entitled to make a claim for defects if they can be reproduced or otherwise demonstrated. Section 2.4 of the AV Bitkom particularly applies to defect reporting.

4.3 If the customer is entitled to claims for defects, the customer is initially only entitled to subsequent performance within a reasonable period of time. Subsequent performance shall consist of either repair or replacement, at the provider’s discretion. The customer’s interests will be given due consideration in making this choice. Ownership of parts replaced as part of subsequent performance provider to the provider .

The customer shall allow the provider install and remove provider as part of the remedy, unless this would be unreasonable for the customer. The customer shall provider with the provider before taking any independent measures to remedy the defect.

If the customer is entitled to reimbursement of expenses, this shall be limited to a reasonable amount. This amount will be determined by taking into account the value of the service in question if it were defect-free and the significance of the defect.

4.4 If the remedy fails or cannot be carried out for any reason, the customer may reduce the payment, withdraw from the contract and/or claim compensation for damages or reimbursement of expenses, subject to the statutory conditions and the conditions set out in Section 6 of the AV Bitkom. The customer must exercise any rights to which they are entitled in respect of these claims for defects within a reasonable period, usually within 14 calendar days of becoming aware of them.

4.5 If the customer withdraws from the contract, the provider will take back provider hardware and refund the payment made by the customer, less the value of the usage granted to the customer, up to a maximum of the market value of the hardware at the time of return. This usage value is generally calculated on the basis of a declining balance depreciation over a three-year period of use. Both contracting parties reserve the right to provide evidence that a longer or shorter period of use should be applied.

5. Applicability of the Terms and Conditions

In addition, the General Terms and Conditions apply (see above).