Software maintenance agreement
Preamble
AMYS IT-Solutions GmbH sells the software in combination with a maintenance contract. The customer acquires this software maintenance agreement at the same time as the software licence agreement. AMYS IT-Solutions GmbH and the customer (together the “parties”) therefore agree the following:
1. Definitions
“We” stands for AMYS IT-Solutions GmbH, headquartered in Rödermark (Frankfurt), in the following context also referred to as “the service provider”.
“Update” includes the delivery of an improved programme version. The following cases are considered updates:
- Error correction / adaptation of the programme
- Adaptation to changed legal framework conditions
- Adaptations to the systems of the payment service provider or the shop software
- Adaptation due to upgrades of the shop system (major release)
- Updates are labelled in the versioning of the service provider with an increase in the middle or last version number
.
“Upgrade” contains an improved programme version of the service provider with additional functions. These are identified in the versioning of the service provider by increasing the version number of the first digits.
“Business hours” refers to a period from Mon-Fri from 8.30 a.m. to 5 p.m. CET with the exception of public holidays at the registered office of the Service Provider.
2. Subject matter of the contract
- Care services
The software maintenance contract includes the following service from the service provider:
The customer receives access to the latest version of the licensed programme during the term of this contract. This includes access to updates and upgrades. The programmes are made available in the latest version in the customer’s user account in the online shop. Information about the release of a new version is made available to the customer via an RSS feed.
Telephone support is available to the customer during business hours at the telephone number published on the Internet.
The service provider shall provide the customer with the latest version of the installation instructions.
Troubleshooting, installation and integration into the customer’s system is subject to a charge and must be paid for separately.
The elimination of errors and malfunctions that are attributable to improper use of the software, changes to the operating environment or improper system requirements are not covered by the maintenance services. Furthermore, errors or faults caused by the environmental conditions at the installation site, faults in the power supply or interference by third parties are not covered. All services under this software maintenance contract require that the customer has installed the latest version of the programme.
- Rights to the work results
The ownership and intellectual property rights to the work results continuously created by the service provider within the scope of the maintenance services shall belong entirely and exclusively to the service provider. The software licence agreement shall apply to the use of the work results by the customer.
- Modalities of use of updated programme versions
The updated versions shall be provided in accordance with the provisions of the current version of the service provider’s software licence agreement, which was accepted by the customer at the time of purchase. The use of the current version of the programme is only permitted within the framework of the provisions of the software licence agreement.
3. Standby and response times
No response times are guaranteed by the service provider. However, the service provider shall endeavour to answer the customer’s questions and problems as quickly as possible or to resolve them directly.
4 Obligations of the customer to co-operate
The customer shall provide the service provider with the information and documents required for the maintenance services at the latter’s request and enable access to its systems and technical equipment.
The customer shall be obliged to install the latest version of the programme at its premises if it wishes to make use of the service provider’s support services. The customer shall designate to the service provider a contact person who is trained and qualified in handling the supported products. In particular, the customer shall ensure that the contact person is able to implement the instructions or solution steps provided in a professional manner.
The customer shall procure and maintain the test environment required for the use of the supported products at its own expense.
The customer must procure and maintain the infrastructure required for the appropriate processing of the service provider’s maintenance services by means of remote data transmission (telephone, fax, e-mail, Internet connection) and inform the service provider of this.
In the event of error reports, the user must describe in detail the symptoms that have occurred, the programme version used and the system environment on the forms provided by the Service Provider.
The customer is responsible for regularly backing up his individual data. The service provider points out that a data backup is particularly necessary before any intervention in the system files.
5. Remuneration
Payment for the services under the contract shall be made as part of the initial purchase of the software. For the following years, the customer will receive an offer to renew the contract before the contract expires.
6. Warranty
The warranty rights arise from the licence agreement. The rights and obligations mentioned in Clause 6 of the licence agreement shall apply.
7. Liability
The liability rights arise from the licence agreement. The rights and obligations mentioned in Section 6 of the licence agreement apply.
8. Confidentiality
Each party shall keep the confidential information of the other party strictly confidential, i.e. not make it accessible to unauthorised persons and protect it from unauthorised access. Unauthorised persons within the meaning of this provision also include employees and vicarious agents or subcontractors not employed by the parties in accordance with the contract.
9. Term of the contract
- Term
The term of this contract is based on the duration provided for the respective package ordered by the customer. After expiry of the contract term, the contract shall be extended by one year in each case if and insofar as the customer does not cancel this contract in text form (e-mail or letter only) at least two weeks before the end of the contract term or an extension period.
- Cancellation for good cause
Each party is entitled to terminate this contract for good cause at any time and without notice. Good cause shall be deemed to exist in particular if the other party breaches material obligations under the contract and, despite a request in text form, does not cease this breach within ten days and restore the contractual condition.
10. Final provisions
Unless expressly agreed otherwise, the Service Provider’s General Terms and Conditions shall apply in addition. Should any provision of the contract be or become invalid, this shall not affect the validity of the remaining provisions.
- Assignment/transfer
This contract or individual rights and obligations arising from it may only be assigned or transferred to third parties with the prior written consent of the other party. Notwithstanding this, we are authorised to assign or transfer this contract or individual rights and obligations arising from it to companies affiliated with us within the meaning of Sections 15 et seq. of the German Stock Corporation Act (AktG) without your prior consent.
- Applicable law
This contract is subject to German law to the exclusion of the UN Convention on Contracts for the International Sale of Goods (CISG).
- Jurisdiction
The exclusive place of jurisdiction for all legal disputes arising from or in connection with this contract is Frankfurt am Main.
Status: Janaur 2024