Terms and Conditions

Prices

• Minimum calculation/billing period is 1 hour.
• Support procedures extending beyond one hour will be rounded up to the next half-hour.
• Reaction time for priority 1 support: 30 minutes.
• Reaction time for priority 2 support: 8 hours.
• The problem will be processed according to Time and Material.
• A solution for the problem is not guaranteed; the customer will be informed after 15 minutes, however, if the problem cannot be solved within the framework of this contract.
• Setting-off of costs resulting from this order against a subsequently completed or back-dated contract is fundamentally excluded.

Orders

Troubleshooting/eliminating malfunctions shall be carried out upon completion of contracts made according to the following requirements. For software support such as configuration or installation, individual offers shall be made.

ConSol* also accepts service requests under the telephone number +49-89-45841-222.

The customer shall be sent the individual order either by e-mail or fax. The customer shall complete this order and return it by e-mail and fax to the e-mail address and fax number contained in that form.

A job ticket for eliminating the malfunction will only be opened after receipt of the customer’s completely and correctly filled out order. The customer must enter the customer's order number, signature, stamp, and billing address.

ConSol* GmbH’s business hours are Monday to Friday (excluding holidays) from 8 a.m. to 6 p.m. Requests requiring handling outside of these times must be classified as Prio 1 and reported by telephone.

General

Remote Administration This means that ConSol* GmbH technicians log onto the customer’s malfunctioning system using connection data supplied by the customer and handle the problem directly. Expressly excluded are on-site service and telephone support.

Spare Parts Hardware and accompanying problems are not covered by this contract. In the course of troubleshooting, ConSol* can advise the customer as to hardware defects. The customer is responsible for exchanging the malfunctioning parts.

Payment The customer pays the expenses actually incurred according to the invoice. Invoices are payable in full within 30 days after receipt. All prices net. VAT valid at date of performance will be added. No price discounts shall be awarded.

Repair Time No defined repair time based on an individual order can be guaranteed, because this may vary greatly depending on the problem.

System Access The customer must provide ConSol* with all data necessary for logging onto the system. If this has not taken place in advance, the time needed until these data are available and the system can be logged onto shall be invoiced as working time.

Software Bugs If a software bug is discovered or classified as the cause of the malfunction, the customer shall turn to the manufacturer about eliminating the bug. ConSol* will look for a workaround, if applicable, and implement this as well.

Execution of Task ConSol* shall carry out all tasks according to recognized principles of software engineering. Furthermore, ConSol* shall carry out all services with due diligence and the necessary technical qualifications. The customer assures that she will provide ConSol* with all support necessary to successfully complete the task. The customer is additionally obligated to ensure that all relevant information and documents are made available. In particular, this means that ConSol*

• is supplied with all information, documents, materials, and equipment necessary for successful completion of the project,
• is given the name of a coordinator responsible for providing all necessary documents and ensuring the correctness of the test environment (if necessary),
• is given the name of the acceptor responsible for acceptance and approval of the results delivered. In the case that the acceptor should discover defects requiring repair, the acceptor shall present ConSol* with written request for prompt remediation within twenty-one days after completion of the task.

Data Protection and Confidentiality The provider is obligated to observe the regulations of the Data Protection Act. Provider and customer are obligated to maintain strict confidentiality against third parties. Both contractual partners promise not to disclose to any third parties any facts and information about the partner and his projects that may have been revealed within the course of task completion. This confidentiality clause remains in effect after completion of the project.

Acceptance and Guarantee The customer shall inspect the provider's services without delay. These services are considered as accepted if the customer does not supply written notification of defects to ConSol* within twenty-one days after completion of the task. In this case, the customer shall give ConSol* a time extension for taking remedial action. The goods and services provided are likewise considered to be accepted as soon as the customer implements them in daily operations. The guarantee period begins as soon as the customer has accepted the goods and services provided and ends after one year. Only the programs transferred to the customer are guaranteed; this guarantee does not apply in any way to modifications or configurations made by the customer.

Supplementary Provisions In case of force majeure, the customer has no legal claim to further execution of promised goods and services. In such a case, goods and services provided until this point will be billed according to time and expense. Neither party has any further obligations. Should any individual provision of this contract prove to be invalid, the validity of all other provisions shall not be affected. Any gap which arises is to be filled such that the economic purpose of the invalid provision is achieved to the greatest extent possible. Any changes, additions or ancillary agreements to this offer must be made in writing.