1.1 These maintenance and service conditions (hereafter WSB) govern the fundamental benefits and obligations between a contracting entity (hereinafter referred to as the customer) and the contractor, MySolutions GmbH, Saeed (hereinafter referred to as MYSOLUTIONS). More agreements applicable to single or multiple products or services are regulated in annexes to the contract in the form of the order confirmation, as well the scope of services and the maintenance fees. 1.2 The following terms and conditions govern the maintenance or support application programs and software systems (hereinafter referred to as SOFTWARE), the provision of support services and training and training of users and more services according to the specifications in the respective annexes.
2. Maintenance services
2.1 These include same services as the warranty in accordance with the general terms and conditions (hereinafter referred to as GTC) after expiry of the warranty period plus additional services with which the licensed software is adapted to the current conditions. Following additional performance are listed: correction of faults in the software to maintain, adapt the software to legal changes and delivery of improvements and extensions of the main version (major release) acquired in the licensed software functions included, which may arise from the development of the standard software. These apply only if there is a software maintenance contract continuously since introduction of the software, and is otherwise subject to a charge. Minor and Buildupdates are, if not otherwise agreed, executed by the customer itself. If explicitly agreed in the contract of sale within the order confirmation as an additional service, a telephone information service (hotline) regarding installation support is granted on weekdays during the following business hours:
Monday to Thursday between 9:00 to 12:00am and 01:30 to 05:00pm
Fridays between 9:00 to 12:00am and 01:30 to 04:00pm.
This additional service applies only to a coordinating body at the customer. The extension of the hotline for stores or for all end users as well as the expansion of the information times is governed by additional written agreements. The hotline service in addition to incompatible will be charged separately according to the currently valid price list at 15-minute intervals.
3. Warranty, rights and obligations
3.1 The customer can get in addition to the supplied by MySolutions or by MySolutions software, for which he has a valid license in the exclusive right to use, at the conclusion of a purchase agreement and receipt of the order confirmation, a maintenance based on the MSC.
3.2 The services referred to in point 2.1 shall apply for software that is used on the provided PC systems and the Windows operating system that is provided for this purpose according to the original regulations. To change these conditions, are the supplements according to adapt and MySolutions reserves, not to renew the relevant supplements. The remaining conditions with its remaining addenda remain unaffected by such partial withdrawal.
3.3 At the beginning of the maintenance, this refers to the major release of the software mentioned in the contract of sale by the order confirmation. Minor - and Buildupdates, as far as not otherwise separately agreed in writing, executed by the customer himself. Is a minor - or Buildupdate of the MySolutions transfer or the customer the employees a work site is necessary for other reasons granted the MySolutions unimpeded access to the premises and equipment as far as this is necessary for the installation. In addition the customer provides sufficient PC workstation and machine time (System is locked in this time for other users) for installation and testing. The service costs are separately charged the customer according to the currently valid prices. The customer provides for a direct current preliminary data and system backup.
3.4 MySolutions has the right to involve third parties for maintenance or carried out by third parties. This is particularly true if the implementation of licensed software subcontractors have collaborated or if the customer uses third party software, the maintenance responsibility but is taken over by MySolutions, according to separate addenda to this MSC.
3.5 MySolutions assumes liability, maintain the maintained software with the possibilities of the use of the Windows operating system intended for the software during the term of the MSC. The warranty will be void if the customer on the licensed programs has made their own modifications or additions to not egregiously, if have been transferred without knowledge and/or consent of MySolutions the licenses on other hardware or operating systems, hardware or software changes made or changes made to the communication pathways, if in connection with the introduction of new applications of third parties or customer-specific applications at the licensed software errors occur. In these cases MySolutions can charge independent separately the deficiencies of this agreement. This is no longer possible to MySolutions without notice of the agreement withdraw MSC, where maintenance fee paid for the benefit of the MySolutions will be forfeited and paid expenses can also if they were not successful in separately invoice.
3.6 MySolutions is committed to provide maintenance services in the agreed framework. Delays due to force majeure, such as strike, operational errors, administrative regulations, or other, not through MySolutions for events and occurrences entitle MySolutions to postpone the dates for the duration of the hindrance plus a reasonable start-up period. To be responsible for delays, which MySolutions has, is this only in default if the customer has granted a reasonable grace period in writing. MySolutions is generally no longer to provide the agreed maintenance services, the customer has the right to withdraw from this agreement the MSC. MySolutions is not liable for any, rendered by the customer inputs. Other compensation or claims of customers or third parties are excluded.
3.7 The customer is always worried for the periodic backup of software and data. MySolutions recommends that you store those backups out of the House, or at least so to ensure that software or data loss or after a disaster situation the software and the data can be reused. MySolutions helps clients the reinstallation on the same systems with same Windows operating systems for calculation of benefits. A full reinstall is required the cooperation of MySolutions confined to pure installation of current minor - and Buildupdates of the software delivered by and its major release. The development and restoration of data, such as system parameters, text preserves, master data, or data of any kind is not subject to maintenance and support services and will be charged separately.
3.8 MySolutions, authorized third parties and all employees of these companies are committed to strict secrecy. There will be no information, documents or observations by the or even recovered about the customer in any way for, and under no circumstances to third parties. Statements about services or projects realized in terms of references are made only with explicit authorization by the customer.
3.9 The user instructions and user training for end users are offered separately by MySolutions and are not subject to software maintenance. No replacement for this represents also the hotline. The customer used for these purposes, the hotline the hotline service provided according to current price list at 15-minute intervals is calculated separately.
3.10 The user instructions and user training for end users are offered separately by MySolutions and are not subject to software maintenance. No replacement for this represents also the hotline. The customer used for these purposes, the hotline the hotline service provided according to current price list at 15-minute intervals is calculated separately.
3.11 The customer provides an Internet connection available, allowing an access on the part of MySolutions on the customer's computer for the purpose of a remote maintenance at his own expense.
4. Escalation procedure
4.1 When using the remote, the response time is average 4 hours within the agreed period of maintenance. If an on-site is required, the response time is approximately 16 hours.
4.2 Errors or problems are solved with the following priorities: 1. Blocking error, which generally preclude working with licensed software: elimination or workaround within a very short time on weekdays. 2. Critical errors, which, however, allow a further, restricted work: eliminate or bypass within 2-3 weeks. 3. Blemishes, what operation do not or only slightly affect: elimination with one of the next minor or Buildupdates.
4.3 MySolutions strives for the Elimination of errors, even if suspected of being the cause of the failure outside of the licensed software to search. MySolutions coordinated the competent suppliers (hardware and software) in such a case, until the error is localized and can be fixed. This service will be charged separately.
4.4 The error message has to be in writing in any case. The customer has the failure to document that it is perfectly understandable for MySolutions. There are necessary expressions of screen (screenshots) and other attachments to attach. Verbal error messages are not processed.
5. Maintenance times
5.1 Normal maintenance and minor and Buildupdates are provided during the normal working hours on weekdays. Takes the maintenance or troubleshooting more than 05:00pm, MySolutions may make reasonable charges and costs for any nights under service conditions into account.
5.2 The customer can agree in writing an extended maintenance for additional costs in the addenda to the agreement of this MSC individual licensed products and/or for specifically defined services. a. 24 hours in a Monday 8:00am to Friday 12:00am b. 7 days a week, 24 hours a day c.On-call service for the two options are available for a limited time, such as for a few days, or over a weekend. On-call services are available only with advance notice of at least four weeks prior to the desired date of the on-call over holidays d. Extended hotline service of over 2 hours per month, according to separate written agreement Extended maintenance (a - d) but is in any case only for an error and problem-solving, not for maintenance work, which can be carried out during normal working hours and also not for support or hotline support.
5.3 None of these additional services are agreed, the maintenance time as described in point 2.1 applies.
6. Termination of contract duration
6.1 The purchase contract in the order confirmation containing maintenance performance with its annexes applies for each 12 months from date of purchase and not written termination automatically with tacit renewal for a further 12 months. 6.2 The customer may terminate the contract without giving reasons with a notice period of three months preceding the month of the due date. The termination must be timely (it is the date of postmark) by registered mail at the MySolutions. 6.3 MySolutions may terminate the agreement with a notice period of three months preceding the month of the due date. The termination must be timely (it is the date of postmark) by registered mail at the customer. 6.4 Premature terminations on both sides are possible only with mutual written consent. 6.5 Im Falle einer Kündigung durch den Kunden verfallen alle gezahlten Wartungskosten zugunsten der MySolutions. 6.6 All paid maintenance costs in favor of the MySolutions will be forfeited in the event of termination by the customer.
7. Terms of payment
7.1 The maintenance fees listed in the contract of sale with the order confirmation and any additional written agreements to the MSC are yearly and payable in advance. The specified amounts are quoted in the currency of purchase without VAT. 7.2 MySolutions acting in accordance with the customer agreement for the advance a Bill. This is net and without deduction within the given deadlines (receipt of payment to the account of the MySolutions) to pay up to 1 of the maintenance starting month concerned. The payment fails, MySolutions can urge a last payment date. Until then the payment still always not occurred, rests for MySolutions the obligation to provide any services from the maintenance contract and the accompanying annexes and is regarded as an interruption of the MSC. 7.3 In default of payment by the customer the MSC with its stay before hang written supplementary agreements may exist and the customer shall owe the maintenance fees in addition to 5% fees continue to PPA. 7.4 The invoices be directed to the address listed in the contract of sale by the order confirmation. This can only be another address, if it's the same person, or if a different invoice recipient in writing agrees to the payment of invoices to be expected. In any case the customer in the order confirmation however considered debtors for unpaid bills. 7.5 Invoicing for services hotline is payable due within 10 days (receipt of payment to the account of the MySolutions) of invoice by the customer. 7.6 The payment for the hotline services is more than 20 days, MySolutions may demand an advance payment for hotline services to expect new.
8. Final provisions
8.1 Partial invalidity (Severability rule) All Contracting Parties agree with the recognition this MSC, to transfer all rights and obligations to any successor in title. 8.2 Succession All Contracting Parties agree with the recognition this MSC, to transfer all rights and obligations to any successor in title. 8.3 Court of jurisdiction The MSC and all additional agreements are subject to the Swiss law. Place of fulfilment and Court of jurisdiction is Schötz (LU). MySolutions is however entitled to sue at the customer's premises and to assert claims. 8.4 The current general terms and conditions (GTC) of MySolutions GmbH in Schötz (LU) shall apply. These have been recognized by the customer with order confirmation and can be viewed at any time on the MySolutions under "Legal" Web page. 8.5 All prices are called depending on the customer's premises in Swiss francs (CHF) and euro (EUR). 8.6 There is no verbal collateral agreements. 8.7 German or English is the vernacular for carrying out the maintenance. 8.8 No telephone support will take place during the Annual closing. Also support via email, fax or letter does not take place at this time. It is offered only a support for a disaster (standstill of the system) through a special support site on the Internet. The customer will be informed about the date of the Annual closing approximately 8 weeks before.
9. Maintenance software products
9.1 Positions confirmed according to the order MySolutions software and configuration for networks or single-user licenses according to the separately-designated position monthly or annual fee.
10. Scope of software maintenance
10.1 Standard Maintenance as previously described. 10.2 One hour hotline free of charge per month, for a focal point. Telephone costs shall be borne by the customer and will be charged each month separately. 10.3 Additional hotline (from the 61st minute) per 15-minute intervals of according to the valid price list. 10.4 Only remote maintenance service. 10.5 Usual office hours from Monday to Friday as described in point 2.1.
11. Runtime: beginning of the purchase month of confirmation of order for 12 months.
12. Payment: annually in advance.
Prices / other::
• Based on the currently valid price list for services supplied of by MySolutions GmbH
• Apply the general terms and conditions of MySolutions GmbH
• It apply exclusively the maintenance and service conditions of MySolutions GmbH
This MSC included a confirmation of order the positions defined in the original order that customer ordered and are binding without signature upon conclusion of the purchase contract.