General terms and conditions

1. scope of application, conclusion of contract

1.1 These General Terms and Conditions (GTC) shall apply to all contracts, deliveries and services concluded within the scope of the business relationship between KOM4TEC GmbH, Bamberger Straße 9, 63743 Aschaffenburg, Germany (hereinafter: "KOM4TEC") and the customer (hereinafter: "Customer"), unless the Customer is a consumer.
1.2 The scope of these GTC also extends to the pre-contractual relationship between the contracting parties as well as to subsequent amendments to the contract.
1.3 The contract shall be concluded by the acceptance of an offer with binding effect by KOM4TEC by the customer, at the latest, however, by the acceptance of a service by KOM4TEC without objection.
1.4 Deviating terms and conditions of the customer shall not become part of the contract. This applies in particular to references to the customer's terms and conditions of purchase in electronic orders. As far as KOM4TEC starts with the performance of services without objection, this shall not be considered as acceptance of such deviating provisions.

2. general and special conditions

2.1 These GTC consist of a General Part and the Special Parts (I) - (IV). The General Part shall apply to every contract and shall be supplemented by the Special Part(s) relevant to the respective contractual performance.

3. subject matter of the contract

3.1 The scope of KOM4TEC's deliveries and services shall be determined in their function and performance according to the contract as well as according to the concrete service description existing at the time of the conclusion of the contract, if applicable. For the quality of standard software and software maintenance services the
product description of the product documentation is exclusively authoritative.
3.2 Documents and information provided by KOM4TEC, including illustrations and technical specifications, are only binding if they are listed in writing as part of the contract or if they are explicitly referred to.
3.3 Installation, preparation of the operating environment, commissioning and training services are not part of the delivery of software and support and software maintenance services and require a separate offer independent of this.
Likewise, the delivery of software as well as support and software maintenance services shall not be part of consulting and other services or work.

4. rights

4.1 All rights to the software and to the results of the services, in particular the copyright, rights to inventions and
technical property rights, shall exclusively belong to KOM4TEC in relation to the customer. This applies regardless of whether such rights have been created according to instructions or through the cooperation of the customer. Upon full payment KOM4TEC grants the customer a simple right of use for an unlimited period of time for internal purposes.
4.2 In the case of standard software products and software maintenance services, the scope of use is further limited to the contractually agreed number of users or computers, depending on the license model of the product. The Purchaser shall have the non-exclusive rights of use set forth in Section 2 of the Special Section (I) and Section 4.3 of the Special Section (II).
4.3 The customer shall only be allowed to use, copy, distribute, edit, rework, otherwise transform, publicly reproduce and make publicly available as well as otherwise exploit
services of KOM4TEC within the framework of the legal regulations applicable for this purpose as well as the provisions of the Special Part (I)-(IV) or on the basis of separate written agreements.
4.4 The customer may create a sufficient number of backup copies for the contractual purposes. A backup copy on a data carrier shall be marked as such.
4.5 Products to be acquired via third parties, even if these are suitable or necessary for the use of the software and/or work results, are not covered by this contract.

5. assumption of risk; obligation to inspect and give notice of defects

5.1 The shipment of all materials, documents and software as well as the electronic transmission of data and software from and to KOM4TEC shall be exclusively at the risk of the customer.
5.2 The customer shall assume an obligation to inspect and give notice of defects with regard to all deliveries and services of KOM4TEC in accordance with § 377 HGB (German Commercial Code). Text form is sufficient for the declaration of complaints. Concrete descriptions of the problem are to be stated in the declaration.

6. remuneration, reservation, invoicing, set-off

6.1 The remuneration shall be based on the contract. All remunerations are exclusive of the respective statutory value added tax and plus shipping or travel and accommodation costs as well as any additional catering expenses incurred in the case of the
provision of services and work performances. In the case of the delivery
of software through the retrievable provision on the Internet
, the Customer shall bear its costs associated with the retrieval. Travel times, travel expenses and subsistence costs will be charged
according to expenditure and depending on the place of business of the KOM4TEC employee. Travel times and costs are incurred when traveling between the employee's place of business and the respective place of operation of the client or between different places of operation of the client.
6.2 KOM4TEC reserves all rights to the contractual objects until all claims arising from the individual contract have been settled in full.
6.3 Software licenses will be invoiced upon delivery.
6.4 Support and software maintenance services are invoiced annually in advance at the beginning of the calendar year; for the initial period, invoicing is done on a pro-rata basis for the current calendar year upon conclusion of the contract. This contract year shall also apply to subsequent products added to the maintenance contract. If maintenance services are not ordered with the software delivery and if the Customer wishes to upgrade to the latest software version at a later date than the conclusion of the software contract, an additional payment will be invoiced at the time of ordering.
6.5 Services shall be invoiced on a time & material basis on a monthly basis. The time sheets shall be enclosed with the monthly invoice and shall be checked for correctness by the Customer immediately upon receipt. If no objection is raised within 14 days of receipt, the time sheet shall be deemed to have been accepted. One service day corresponds to eight hours. Additional hours shall be charged on a pro rata basis in accordance with the specifically agreed daily rate. Travel and waiting times shall be considered as working time.
6.6 Remuneration for work services shall become due upon acceptance in accordance with the provisions of Special Part (III) or upon completion of certain agreed project milestones.
6.7 Training courses and workshops shall be charged either on a flat-rate per-day basis or on a per-participant per-day basis. In the case of a flat-rate per-day charge, the maximum number of participants is 4. The fees will be invoiced to the customer after completion of the training or workshop.
6.8 KOM4TEC invoices are due within 10 days after the invoice date. Cash discount will not be granted. The statutory default regulations and interest rates shall apply.
6.9 Objections against KOM4TEC's invoicing have to be raised in writing within an exclusion period of six weeks after receipt of the invoice. Otherwise the
invoice is considered accepted; claims from §§ 812 ff BGB remain unaffected. KOM4TEC will separately point out this legal consequence to the customer in the invoice.
6.10. The customer may only set off or assert a right of retention with or due to claims which are undisputed or have been legally established and, in the case of the right of retention, are based on this contractual relationship.

7. secrecy and data protection

7.1 The parties undertake to treat all confidential information of which they become aware during the performance of the contract as confidential and to use it only for contractually agreed purposes. Confidential information within the meaning of this provision is information, documents, details and data which are designated as such or which by their nature are to be regarded as confidential.
7.2 The Recipient undertakes to grant access to confidential information of the other party only to those employees who are entrusted with the performance of the service. Both parties are obliged to have their employees sign a corresponding declaration of commitment upon request of the other party and to present it to the other party.
All KOM4TEC employees are already bound to secrecy and data confidentiality by employment contract.
7.3 The parties shall not file any applications for property rights for confidential information of the respective other party.
7.4. This obligation of this Clause 7 shall not apply to Confidential Information which (I) was already publicly accessible at the time of receipt by the Recipient, (II) subsequently becomes publicly accessible through no fault of the Recipient, its officers, employees, agents or contractual suppliers, (III) required by law or by order of a competent authority to be disclosed by Recipient (but only within the scope of the relevant law or order), (IV) lawfully received by Recipient from third parties on an unrestricted basis, or (V) already known to Recipient prior to receipt within the meaning of the Agreement, or (VI) independently developed by Recipient without using or referencing the Confidential Information of the disclosing party. In particular, the obligation of confidential treatment shall not apply to ideas, concepts, know-how and techniques relating to information processing in the general sense.
7.5 The rights and obligations of this clause shall not be affected by a termination of the associated individual contract. Both parties shall be obligated to return confidential information to the other party upon termination of the contract or to destroy it at the other party's discretion, unless it has been properly consumed.
7.6 Insofar as personal data is accessed as a result of the contractual performance of services, the parties shall comply with the provisions of the Federal Data Protection Act and other relevant data protection regulations. In particular, the parties shall take the necessary technical and organizational measures to protect the personal data within the meaning of Section 9 of the BDSG.
7.7 If the customer collects, processes or uses personal data himself or through KOM4TEC, he shall guarantee that he is entitled to do so in accordance with the applicable provisions, in particular the provisions of data protection law, and in case of a violation he shall indemnify KOM4TEC from all claims
of third parties. It is clarified that the customer remains "master of the data" in general in the contractual relationship as well as in the sense of data protection law (§ 11 BDSG).

8. reference naming

8.1 KOM4TEC is entitled to name the customer as a reference customer
together with the essential key points of the contract (e.g. type of project, number of users, etc.) after conclusion of the contract for marketing purposes, to use the company logo in publications in accordance with the customer's guidelines for these purposes and, for example, to include it in the reference list and to issue a press release. After completion of the project KOM4TEC is entitled to publish a field report agreed upon with the client. Further references will be named in consultation.

9. warranty

9.1 The warranty regulations of the Special Parts (I) - (IV) shall apply to the contractual service in question.
9.2 The customer shall immediately report defects to KOM4TEC at least in text form.

10. liability

10.1 KOM4TEC shall pay damages or compensation for futile expenses in cases of contractual and non-contractual liability only to the following extent:
a. In case of injury to life, body and health, in case of assumption of a guarantee and in case of claims arising from the Product Liability Act without limitation,
b. In case of intent without limitation,
c. In case of gross negligence KOM4TEC's liability for simple vicarious agents is limited to the typical damage foreseeable at the time of conclusion of the contract, for legal representatives and executive employees, however, unlimited,
d. In case of a slightly negligent breach of such an essential obligation which endangers the achievement of the purpose of the contract (cardinal obligation) KOM4TEC shall be liable to the extent of the damage typically foreseeable at the time of conclusion of the contract according to the type of performance, however, not exceeding 250,000 Euros per damage case and in total up to 500,000 Euros from the contract. The client takes note of this amount of coverage. According to his assessment, these are sufficient to cover any risks. If the customer deems higher amounts of coverage necessary, he will inform KOM4TEC about this in writing.
e. In all other respects liability is excluded.
10.2 As far as the liability of KOM4TEC is excluded, this also applies to the personal liability of its employees, representatives and vicarious agents.
10.3 KOM4TEC shall be entitled to raise the objection of contributory negligence on the part of the customer and his vicarious agents. This shall apply in particular in case of neglect of the customer's duty to cooperate.
10.4 All claims for damages and reimbursement of expenses against KOM4TEC shall become statute-barred after a period of two years starting from the time when the customer became aware of the damage, however, at the latest after three years from the damage event. This limitation does not apply to the liability according to clause 10.1 ac. This provision shall not affect any different limitation of claims for defects in the provisions of Special Part (I) - (IV).
10.5 In case of loss of data KOM4TEC shall only be liable if the customer has taken reasonable precautions against loss of data, in particular by making backup copies of all programs and data in machine-readable form at least once a day or if the loss of data could not have been avoided even if this obligation had been observed. KOM4TEC shall only be liable for the recovery effort. If
the customer is not able to provide a backup copy necessary for the recovery of the data, KOM4TEC shall be completely exempt from liability, subject to section 10.1.

11. miscellaneous

11.1 The assignment of any claims of the customer against KOM4TEC to third parties is excluded and ineffective towards KOM4TEC.
11.2 KOM4TEC is entitled to have services rendered by subcontractors.
11.3 The exclusive place of jurisdiction shall be Alzenau. The law of the Federal Republic of Germany shall apply to the exclusion of the UN Convention on Contracts for the International Sale of Goods.
11.4 This contract represents the entire agreement between KOM4TEC and the customer with regard to the contents of this contract. Amendments and supplements shall only be effective if they are agreed upon in writing. The cancellation of this requirement also requires the written form.
11.5 Should any provision of this contract be or become invalid or unenforceable or should this contract contain a loophole, this shall not affect the validity and enforceability of the remaining provisions of this contract. In this case, the parties undertake to replace the invalid provision in question with a valid provision or to close the loophole with such a provision that comes as close as possible to the economic purpose of this contract.

1. scope

1.1 This Special Part (I) shall apply, in addition to the General Part, exclusively to the provision of Standard Software and, by reference, to Software Maintenance Services.
1.2 Other services than those mentioned in this Special Part (I) (e.g. training, instructions, software installations, individual adaptations and on-site support) are not subject of this agreement. KOM4TEC shall provide such services separately according to a separate agreement.

2. rights of use to software and software maintenance services

2.1. KOM4TEC überträgt an den Auftraggeber ein einfaches Nutzungsrecht an der Software (auch an im Rahmen einer laufenden Softwarepflege überlassenen Software) auf unbeschränkte Zeit.
Der Nutzungsumfang ist vertraglich festgelegt und bezieht sich
nur auf die im Vertrag genannten Software- und Softwarepflegeleistungen unabhängig davon, ob der Auftraggeber auf weitere Produkte oder Produktteile zugreifen kann. Der Auftraggeber hält bei der Nutzung die untenstehenden Regeln dieser Ziffer 2 ein:
2.2. Die Nutzung von Software durch den Auftraggeber ist ausschließlich in den nachstehend aufgeführten Einrichtungen zu internen Zwecken gestattet:
a) am Sitz der Gesellschaft
b) weitere Zweigniederlassungen des Auftraggebers (Betriebsstätte(n))
c) im i.S.d. §15 AktG mit dem Auftraggeber zum Zeitpunkt des Vertragsschlusses verbundenen Unternehmen
d) bei a)-c) im Rahmen einer Zurverfügungstellung von Reporteinsichten an Dritte ohne aktive Nutzung durch Dritte
e) abweichend hiervon nur nach vorheriger schriftlicher Zustimmung durch KOM4TEC
2.3. Soweit nichts anderes vereinbart wurde, ergibt sich der Umfang der eingeräumten Nutzungsrechte je nach Produkt aus den nachstehend aufgeführten Lizenztypen und deren vertraglich festgelegten Anzahl:
a) Die Nutzerlizenz/Einzelplatzlizenz/“named user“ beinhaltet die
lokale Nutzung auf einem beliebigen KOM4TEC gemeldeten
einzelnen Arbeitsplatz. Nur der registrierte Nutzer darf die Lizenz
nutzen. Es spielt keine Rolle, ob die betreffende Person die Software zu einem beliebigen Zeitpunkt aktiv nutzt. Die Software
darf auf einzelnen oder mehreren Computer installiert werden.
b) Die Serverlizenz beinhaltet die Nutzung der Software auf einem
beliebigen KOM4TEC gemeldeten physikalischen oder virtuellen Computer. Unerheblich ist die Zahl zeitgleicher Zugriffe auf
diesen Server.
c) Die Testlizenz beinhaltet ausschließlich die Berechtigung die
Software im dazugehörigen Lizenztyp a)–b) zu Testzwecken und
nicht zu Produktionszwecken für 30 Tage ab dem Auslieferungsdatum zu nutzen, mit dem Zweck, die Eignung für den Arbeitgeberbetrieb sowie den Zustand der Software festzustellen, ohne dass KOM4TEC Sachmängelrechte oder Supportleistungen gewährt. Mit Ablauf des Nutzungszeitraums hat der Auftraggeber die Nutzung einzustellen und die Software von allen Systemen zu löschen. Bei Kauf der Software erfolgt eine Neuauslieferung. Eine über die vertragliche Vereinbarung hinausgehende Nutzung der Software kann Schadensersatzansprüche der KOM4TEC auslösen. Die erforderliche Anzahl Lizenzen werden unverzüglich
bei Feststellung einer solchen Nutzung nachgekauft.
2.4. Soweit zwischen KOM4TEC und Nutzer eines verbundenen
Unternehmens oder Betriebsstätte kein direktes Vertragsverhältnis vorliegt, trägt der Auftraggeber bei der Nutzung durch verbundene Unternehmen oder Betriebsstätten dafür Sorge,
dass diese Nutzer nur auf die für sie bestimmten Daten zugreifen können. Der Auftraggeber wird diese Nutzer in geeigneter Form
auf die Urheberrechte und sonstigen Rechte von KOM4TEC hinweisen.
2.5. Der Auftraggeber ist zur Weitergabe (Veräußerung) der Software an Dritte nur berechtigt, sofern: (I) er selbst die Nutzung der weitergegebenen Software vollständig aufgibt und vorhandene Kopien der Software (einschließlich der Sicherungskopien) zerstört
und (II) er KOM4TEC den Namen und die Anschrift des neuen
Nutzers der Software mitteilt und (III) der neue Nutzer gegen-
über KOM4TEC schriftlich sein Einverständnis mit diesen Allgemeinen Geschäftsbedingungen erklärt hat.
2.6. Der Auftraggeber ist unter keinen Umständen berechtigt, die Software auf Dauer oder vorübergehend an Dritte ohne schriftliche Zustimmung der KOM4TEC zu vermieten, zu verleasen oder sonst dritten Parteien zugänglich zu machen. Soweit der Auftraggeber für seine eigenen Zwecke die Software im Rahmen von
Outsourcing-Maßnahmen durch ein Drittunternehmen betreiben lassen will, hat er die vorherige schriftliche Zustimmung der
KOM4TEC einzuholen, welche nicht treuwidrig verweigert
werden wird.
2.7. Änderungen, Erweiterungen und sonstige Umarbeitungen gemäß § 69 c Nr 2 UrhG sind auf Risiko des Auftraggebers zulässig.
Es wird ausdrücklich darauf hingewiesen, dass bereits geringfügige Änderungen zu erheblichen, nicht vorhersehbaren Störungen im Ablauf der Software führen können.
2.8 Der Auftraggeber wird KOM4TEC informieren, soweit Daten
und/oder Informationen benötigt werden, um die Interoperabilität der Software mit anderer Hard-und Software herzustellen. Reverse Engineering, Disassemblierung und/oder Dekompilierung der Software durch den Auftraggeber ist nur im Rahmen des
§ 69 e UrhG zur Herstellung der Interoperabilität gestattet.
2.8. Soweit dem Auftraggeber im Rahmen einer Nachbesserung oder
Softwarepflege Ergänzungen (Patches, Änderungen des Bedienerhandbuches) oder Neuauflagen (Updates /Upgrades), die frühere Auflagen ersetzen, überlassen werden, unterliegen diese diesen Bestimmungen. Sobald der Auftraggeber eine Neuauflage
produktiv nutzt, erlöschen nach einer Übergangsphase von drei Monaten in Bezug auf die vorherige Auflage sämtliche Nutzungsrechte.
2.9. Bei Beendigung der Nutzungsberechtigung des Auftraggebers (z.B. bei Rücktritt) vernichtet bzw. löscht der Auftraggeber die Software (inklusive Sicherungskopien) und bestätigt dies der KOM4TEC schriftlich. Ebenfalls endet die Nutzungsberechtigung bei Verstoß des Auftraggebers gegen die in dieser Ziffer 2 des Besonderen Teils (I) geregelten Verpflichtungen, wenn KOM4TEC den Verstoß schriftlich unter Setzung einer angemessenen Frist zur Unterlassung abgemahnt hat und die Frist erfolglos verstrichen ist.

3. delivery, transfer of risk

3.1 Delivery: The software shall be made available to the Customer within 30 days of the conclusion of the contract in the version current at the time of the conclusion of the contract either
by delivery of data carriers with the standard software
or by making it available for retrieval on a page on the Internet, which shall be communicated to the Customer with the access data after the conclusion of the contract. The dispatch or notification of the retrievable provision shall be decisive for the timely delivery.
3.2 In case of delivery of software by making it available on the Internet, the risk shall pass when the software leaves the sphere of influence of KOM4TEC (e.g. by download).

4. the customer's duty to cooperate

4.1 The customer is obliged to create a working environment for the software at his own expense according to the specifications of the product documentation and KOM4TEC's instructions. The customer shall ensure the proper operation of the necessary systems.
4.2 The customer is obliged to test the software thoroughly within a reasonable period of time after delivery to ensure that it is free of defects in a test or development or pre-production environment before it is used productively. This shall also apply to software maintenance and post-performance products.
4.3 The Customer shall ensure data backup and virus protection in accordance with the latest state of the art. Data backups must be made at reasonable intervals, but at least daily, to ensure that data can be restored with reasonable effort. Results are to be checked regularly.

5. warranty

5.1 KOM4TEC warrants that the contractual
software has the quality agreed upon in the product documentation or service description and that no rights of third parties conflict with the transfer of the agreed upon rights of use (General Section, Item 4, Special Section (I) Item 2).
A guarantee, on the other hand, shall only be granted if it has been expressly designated as such.
5.2 In case of substantial material defects KOM4TEC shall, at its discretion, either remedy the defect or deliver new software free of defects to the customer
. The customer shall be entitled to claim compensation for the remedy of the defect. For the removal of defects it may be sufficient that KOM4TEC delivers a patch or bugfix to the customer
or shows reasonable workarounds. In case of defects of title KOM4TEC will provide the customer with a legally flawless possibility of use at KOM4TEC's option a) of the delivered software or
b) of replaced equivalent or
c) modified equivalent software. If the new software according to section 5.2 a-c fulfills the contractual requirements
and if such a takeover is reasonable for him, the customer has to take it over.
5.3 If KOM4TEC finally fails to remedy the defect within a reasonable (at least 10 working days)
period set by the customer, the customer may withdraw from the contract or reduce the remuneration. Compensation for damages or reimbursement of futile expenses due to a defect will be paid by KOM4TEC within the limits of the liability regulation in section 10 of the general part. In case of withdrawal, any fees paid in advance for software maintenance and support services not used will be refunded.
5.4 KOM4TEC does not guarantee that the software fulfills all requirements and wishes of the customer.
5.5 Excluded from the liability for defects are damages caused by improper installation by the customer or a third party commissioned by him as well as the processing of the software not in accordance with the contract including work on the software not authorized by KOM4TEC.
5.6 The warranty period is one year from delivery of the software. In case of intent or gross negligence by KOM4TEC as well as in case of fraudulent concealment of a defect by KOM4TEC, in case of personal injury, in case of defects of title in the sense of §438 I No. 1 a BGB (German Civil Code) and guarantees, the statutory limitation periods shall apply. The same applies to claims arising from the Product Liability Act.
5.7 If third parties assert claims against the customer which would prevent KOM4TEC from exercising the rights of use granted to it, the customer shall immediately inform KOM4TEC of this in writing. The customer authorizes KOM4TEC to conduct the dispute with the third party judicially and extrajudicially on its own. Provided that this is the case, KOM4TEC will defend the claims at its own expense or settle the dispute and indemnify the customer from all costs and damages
associated with the defense of the claim, unless these were caused by conduct of the customer in breach of duty.
5.8 If within the scope of a remedy of defects requested by the customer it subsequently turns out that the reported malfunction is not due to a verifiable defect of the software, in particular is due to an operating error of the customer or cannot be attributed to KOM4TEC (other manufacturer), KOM4TEC shall invoice the customer for the expenses incurred according to the respective current price list for services.
5.9 Other breaches of duty not regulated in this clause 5 must always be reported to
KOM4TEC in writing, setting a reasonable deadline for the creation of a remedy or fulfillment.
Damages or compensation for futile expenses will be paid
by KOM4TEC within the limits of the liability regulation
in section 10 of the general part.

1. scope

1.1 This Special Section (II) shall apply in addition to the General Section for support and software maintenance services, insofar as a contract with this service content has been concluded and the licenses designated in the maintenance certificate are available in the productive environment. The contract for the provision of standard software shall not include these services without an express order.
1.2 Other services than those mentioned in this special part (II) (e.g. trainings, instructions, software installations, individual adaptations and on-site support) are not subject of this agreement. KOM4TEC will provide such services separately on a time and material basis. Also excluded is the exclusive development and provision of specific software adaptations (patches) for the customer, the development of complex IT concepts, feasibility studies and similar (consulting).

2. supported software

2.1 KOM4TEC shall provide the following services exclusively for standard versions of the software products designated in the maintenance certificate in their current version, if and to the extent that these are used by the customer unchanged and in the configuration and system environment recommended by KOM4TEC for their use.
2.2 The services do not include, without express agreement, problems that occur due to improper installation or insufficient training of the customer's employees.
2.3 Third party products are not subject of this agreement, even if they have been delivered together with KOM4TEC products.

3. scope of services support /hotline

3.1 Service content
3.1.1 The scope of services of the support includes telephone (telephonic) advice and/or advice by e-mail on the operation of the software listed in the maintenance certificate in German or English.
3.1.2 The provision of information and advice relates to specific problems concerning the use of the software specified in the Maintenance Agreement within the scope of the recommended configuration.
3.1.3 The examination and analysis on site as well as the examination of facts in the data stock of the Customer via remote support are not included in the scope of services without a specific agreement. The services shall be performed exclusively via the Internet or by telephone. The Client shall
to ensure the accessibility of the system to be maintained on the Internet and the availability of SSH access.
3.1.4 The customer has no claim to solvability of a problem and no claim to compliance with a solution or recovery time. KOM4TEC only owes the effort to eliminate the error, since the possibility of actually eliminating the error depends on the system found at the customer. No guarantee or responsibility is given regarding the solvability of a problem.
3.2 Service provision
3.2.1 KOM4TEC is available to the customer on working days during office hours (Monday to Friday from 9:00 to 12:00 and from 13:00 to 17:00) under the telephone number +49 6023 9183090 available. This does not apply to cases of interruption of operations for which KOM4TEC is not responsible as well as cases of force majeure which require a complete or partial restriction or cessation of KOM4TEC's operations.
3.2.2 In response to a support request from the customer with a current support contract, KOM4TEC will send a confirmation with the acceptance of the request by email to the sender address specified in the request email or contact the customer by phone within the response time.
3.2.3 The request shall be deemed to have been successfully completed unless the client objects within 5 days after sending by a final notice listing the work performed by KOM4TEC.
3.3 Response time
3.3.1 The response time within the service hours for inquiries is 4 hours for serious faults, 8 hours for faults of medium severity and otherwise 16 hours. The response time is understood to be the period of time between the receipt of the request by telephone/email and the reaction of KOM4TEC. A reaction consists in a confirmation of the order by phone or e-mail or in the beginning of the fault diagnosis, if necessary already in instructions on how to handle the problem or in the beginning of the work.
3.3.2 Compliance with the agreed response time shall be subject to the timely receipt of all documents, access data and information to be provided by the Customer as well as compliance with the agreed payment terms and other obligations by the Customer. If these prerequisites are not fulfilled in time, the deadlines shall be extended accordingly.
3.3.3 The notification of a solution or the notification that a support request cannot be solved does not have to be made within the response time. In particular, the Customer shall have no claim to compliance with a solution or recovery time.
3.4 Duty to cooperate
3.4.1 The customer shall support KOM4TEC in every respect free of charge in the fulfillment of the obligation to perform. He shall
KOM4TEC shall in particular designate in writing a system administrator who is responsible for all purposes of implementing this
KOM4TEC has the necessary decision-making powers and authority and is experienced in the use of the provided programs (after a familiarization period or training). KOM4TEC can demand that error messages are only made by this person.
3.4.2 The Customer shall report inquiries in a comprehensible and detailed form, stating all information relevant to the identification of the problem. In particular, the work steps that led to the occurrence of the problem, the effects as well as the appearance of the error shall be indicated.
3.4.3 A separate request shall be made for each problem.
3.4.4 The Customer shall ensure adequate data backup. This means that the customer shall create backup copies of all software programs and data in machine-readable form at least once a day. Notwithstanding the contractual liability regulation, KOM4TEC shall not be liable for the loss of data or programs, as far as this could have been avoided by observing this obligation.
3.5 Warranty
3.5.1 KOM4TEC warrants that support services will always be
are performed by appropriately qualified personnel with due care and attention and in accordance with the state of the art at the time of the conclusion of the contract.
3.5.2 The liability provisions of Section 10 of the General Section shall apply to claims for damages or reimbursement of expenses by the Customer.

4. scope of services software maintenance

4.1 Contents of Service
4.1.1 KOM4TEC will provide the customer with new versions (updates)
of the software at its own discretion during the term of the support and software maintenance contract, which
may also include functional enhancements of the software.
The aim of the software maintenance is to bring the products listed in the maintenance agreement under software maintenance to the latest released status by means of updates during the term of the agreement
. The customer does not have a claim to the inclusion of a certain
function, however KOM4TEC will take into consideration the legitimate interests of its customers.
4.1.2 Delivery: Clause 3 of the terms and conditions for the delivery of standard software shall apply accordingly as of the availability of an update.
4.1.3 If license fees or other fees (shipping and packaging fees) are incurred for the delivery of new releases, these are not part of the KOM4TEC services included in the maintenance agreement. In these cases KOM4TEC will submit an offer for the release change to the customer. KOM4TEC will decide on the delivery of interim releases based on the specific situation and requirements of the customer.

4.2 Customer's obligation to cooperate
4.2.1 The installation of updates shall always be carried out by the customer on his own responsibility, unless KOM4TEC is commissioned to provide such a service at a charge. This shall also apply to releases and any associated necessary adjustments and changes to a new release status. The customer has to take the necessary measures
(e.g. data backup) to ensure that no
data loss occurs due to the installation. Support by KOM4TEC due to incomplete installations can be charged separately to the customer
at the applicable daily rate according to time and effort
4.2.2 The customer is obliged to adopt the respective new version of the software within a reasonable period of time, unless this would reduce the original functional scope or the adoption leads to significant disadvantages.
4.2.3 In all other respects, reference is made to Section 4 of the Special Section (I).
4.3 Rights
Section 4 of the General Section and Section 2 of the Special Section (I) shall apply accordingly.
4.4 Defects
The provisions of Clause 5
of the Special Section (I) shall apply mutatis mutandis to defects of quality and title. The extraordinary termination of the support and software maintenance contract shall take the place of the withdrawal from the contract.

5. other

5.1 Liability
Section 10 of the General Part shall apply to this Special Part (II).
5.2 Term, termination
5.2.1 The support and software maintenance agreement shall commence upon conclusion of the agreement and shall run for an indefinite period of time unless it is terminated with a
notice period of three months to the end of the respective calendar year
. However, termination is possible for the first time at the end of the calendar year following the conclusion of the contract.
5.2.2 The right to terminate without notice for good cause shall remain unaffected. Reference is also made to the right of termination pursuant to Section 4.4 of this Special Section (II).
5.2.3 All notices of termination must be in writing.
5.2.4 When a termination takes effect, access to the applications and data concerned shall be blocked. After a reasonable period of time, the stored data will be deleted. Insofar as
no remuneration relating to this is outstanding and the software license is available, the last software version received may continue to be used.

1. scope

1.1 This Special Part (III) governs the provision of support, consulting, coaching and other project services, work services in addition to the General
1.2 The provision of standard software as well as support and software maintenance services and training services is not the subject of this Special Part.

2. scope of services and performance

2.1 The specific scope of services shall be determined solely by the contractual provisions.
2.2 In the case of work services, the customer shall provide or commission KOM4TEC with the preparation of a performance specification relevant for the performance description. If no specification is available at the time of placing the order, the specifications listed in the offer shall be deemed to be the specification, whereby properties not mentioned therein shall not be subject matter of the contract. If properties are not specified in detail, KOM4TEC shall successfully provide services of average type and quality.
The customer shall bear any additional expenses incurred due to the fact that work is repeated or delayed as a result of incorrect, subsequently corrected or incomplete specifications.
2.3 KOM4TEC shall remain solely authorized to issue instructions to its employees even when providing the services
to the customer. An integration into the customer's business does not take place. Instructions are to be addressed exclusively to the person responsible for the project at KOM4TEC.
2.4 KOM4TEC reserves the right to replace employees deployed within the scope of service provision by others with equivalent qualifications or to deploy corresponding subcontractors. KOM4TEC shall be liable for the fault of these vicarious agents as for its own fault.

3. performance results

3.1 KOM4TEC grants the customer an irrevocable,
unlimited, non-exclusive and transferable right of use to the service results and documents provided to the customer within the scope of the fulfillment of the contract, to use the service results and documents exclusively for internal purposes in all types of use. In particular, he has the right to further develop performance results within the scope of internal use, to reproduce and modify them for internal purposes, unless otherwise agreed. The granting of the right of use shall only become effective when the customer has paid the contractually owed remuneration in full to KOM4TEC.
3.2 Results of services may not be passed on to third parties nor published without prior consent of KOM4TEC. The consent will not be denied due to unreasonable discretion.
3.3 Verbal statements are only binding if they have been confirmed in writing by KOM4TEC. Drafts and preliminary versions of KOM4TEC's work results are always non-binding.

4. service changes / extensions (change request procedure)

4.1 Either contracting party may propose changes to the agreed services, methods and deadlines in writing during the term of a project. The further procedure shall be governed by the following provisions. KOM4TEC may waive the procedure according to 4.2 to 4.4 for changes of services which can be examined immediately and which can probably be implemented within one day of performance at the time of examination.
4.2 KOM4TEC will check within a reasonable period of time what effects the desired change will have in particular with regard to remuneration, reduced/extra effort and deadlines. If KOM4TEC recognizes that services already to be performed cannot be performed or can only be performed with delay due to the review, KOM4TEC shall inform the customer that the change request can still only be reviewed if the affected services are initially postponed for an indefinite period of time. As far as the customer agrees with this postponement, KOM4TEC will carry out the examination of the change request, otherwise the change procedure will end.
4.3 After reviewing the change request, KOM4TEC will present the effects of the change request on the contract in detail to the
customer and comment on the possibility of implementation. The contracting parties will immediately agree on the content of a proposal for the implementation of the change request and attach the result to the contract to which the change relates as a contract amendment. Work under the existing contract shall, pending a decision on the amendment, continue or, if directly affected by the amendment, be postponed, unless the Customer agrees to a temporary shutdown or terminates the contract in accordance with the termination provisions. In the event of final termination, the legal consequences shall be determined in accordance with the provisions of Section 649 of the German Civil Code (BGB).
4.4 The Customer shall bear the expenses incurred as a result of the change requests. This includes in particular the examination of the change request, the preparation of a change proposal and any interruptions. If the parties have agreed on daily rates, the expenses shall be charged according to these rates, otherwise according to the current price list of KOM4TEC.

5. duties to cooperate, contact persons

5.1 The contracting parties shall cooperate closely and in a spirit of trust and shall inform each other without delay in the event of deviations from the agreed procedure or doubts about the correctness of the other's procedure.
5.2 The
hardware and software, system requirements, telecommunications facilities, premises, documents and information as well as the work equipment required for a smooth workflow that may be necessary for the performance of the service shall be provided by the Customer free of charge.
This shall also apply to any maintenance and updating relating thereto.
5.3 Necessary access rights shall be granted in good time and to a sufficient extent. Likewise, in the case of special security regulations of the customer, the conditions for unhindered fulfillment of the contract are to be created for KOM4TEC without additional expense.
5.3 The customer shall document changes and other notifications communicated to him and keep his internal software documentation up to date.
5.4 The customer shall thoroughly test performance results for freedom from defects and for usability in the specific situation before he starts their operative use, in particular he shall take adequate precautions in case the work results are subject to malfunctions (e.g. by data backup, malfunction diagnosis, regular checking of results). Adequate data backup means that the Customer creates backup copies of all software programs and data in machine-readable form at least once a day. Notwithstanding the contractual liability regulation, KOM4TEC shall not be liable for the loss of data or programs, if this could have been avoided by observing this obligation.
5.5 The customer shall name a contact person to KOM4TEC.
The information provided by the respective contact person named in the contract shall be binding. If a joint decision-making body is set up by the customer and KOM4TEC within the scope of a project, the consent of both parties to
its resolutions shall be deemed to have been granted if a protocol received by both parties is not objected to within a period of four weeks and KOM4TEC has separately pointed out this consequence when sending the protocol.
5.6 If duties to cooperate are not fulfilled and
incurs delays and additional expenses as a result, KOM4TEC is entitled to demand a
correspondingly increased remuneration in addition to the reasonable adjustment of the time schedule.

6. decrease

6.1 Acceptance of services shall only take place in the case of work services as a result of a contractual agreement.
6.2 The customer shall accept these services immediately either by declaration (text form is sufficient) or by signing a jointly prepared acceptance protocol in accordance with this clause 6 as soon as KOM4TEC has reported readiness for acceptance. The basis for the acceptance is the concrete service specification contractually agreed upon by the contractual partners and the acceptance criteria agreed upon therein.
6.3 Within 15 working days (acceptance period) the customer shall inspect the service result reported as ready for acceptance and either declare acceptance to KOM4TEC or notify KOM4TEC of the defects found with a detailed description. Insignificant defects do not entitle the customer
to refuse acceptance. If the acceptance period expires without notification of a defect preventing acceptance, the work shall be deemed accepted. Insofar as the client does not comply with his duties to cooperate, these shall not prevent acceptance. A defect preventing acceptance shall be remedied within a period appropriate to the severity of the defect. After KOM4TEC has notified the customer of the renewed readiness for acceptance, the customer shall check the result of the service again in accordance with section 6.3. If the acceptance test remains unsuccessful even
though the customer has duly performed his duties to cooperate
, the customer shall have the rights
according to clause 7.2.4.
6.4 If a contract for work comprises several individual works which can be used independently of each other, these individual works shall be accepted separately. A concept created by KOM4TEC shall be considered as an individual work. An acceptance of partial works is also possible.
The due date for payment shall be determined by the individual or partial acceptance.

7. warranty

7.1 Consulting, Support or Other Service Contracts
7.1.1 In the case of consulting, support or other service contracts, there shall be neither contractual nor legal claims for any defects. KOM4TEC warrants, however, that such services will always be provided by appropriately qualified personnel with due care and according to the state of the art at the time of the conclusion of the contract.
7.1.2 For claims for damages or reimbursement of expenses of the customer the liability regulations of clause 10 of the general part shall apply.
7.2 Services
If KOM4TEC renders services to the customer
which are to be qualified as services, the following shall apply:
7.2.1 KOM4TEC warrants that the services owed by it have the agreed quality and, in particular, are not afflicted with defects which nullify or reduce the value or the
suitability for the usual use or the use assumed according to the respective concrete service specification. An insignificant reduction in value or suitability shall not be taken into account in this respect.
7.2.2 The customer shall be obligated to inspect and give notice of defects with regard to all services rendered by KOM4TEC in execution of this contract. Occurring defects shall be reported immediately, at least in text form. This notification shall be combined with a concrete written description of the defect.
Upon request, the customer shall provide KOM4TEC with documents and information to a reasonable extent, which KOM4TEC requires for the assessment and elimination of the defects.
7.2.3 In the event of significant defects KOM4TEC
shall, at its discretion, either remedy the defect or provide the customer with a new defect-free service. For the elimination of the defect it is sufficient that KOM4TEC shows the customer a
reasonable workaround option, the application of which will not affect the defect.
7.2.4 If KOM4TEC finally fails to remedy the defect within a reasonable (at least 10 working days)
period set by the customer, the customer may withdraw from the contract, terminate the continuing obligation or reduce the remuneration. KOM4TEC will pay damages or compensation for futile expenses due to a defect within the limits of the liability regulation in section 10 of the general part. Other rights regarding defects are excluded.
7.2.5 All warranty claims shall become time-barred within one year, starting with the acceptance. In the event of fraudulent intent, the statutory limitation provisions shall apply.
7.2.6 If an inspection by KOM4TEC shows that a defect
does not exist or that the defect is due to a change or adaptation of the service provided by KOM4TEC on the part of the
customer or a third party, KOM4TEC
may demand compensation for expenses according to its generally calculated
daily rates, plus necessary expenses.

8. liability

8.1 Reference is made to the liability regulation in section 10 of the general part.
8.2 Without prejudice to the liability provision in section 10 of the General Part, KOM4TEC shall not be liable for the prevention or delay of services or for damages or for other consequences which are due to force majeure or other circumstances beyond the control of KOM4TEC, such as natural events, strikes, riots, accidents or official measures or the cause of which is the responsibility of the customer.

9. termination of the contract, cancellation of appointments at short notice

9.1 The ordinary notice period or automatic termination date is contractually regulated. Otherwise, the ordinary notice period shall be 30 days.
9.2 The right to extraordinary termination shall remain unaffected.
9.3 Terminations must be made in writing.
9.4 In the event of a premature termination of the contract KOM4TEC shall receive its remuneration for the services already rendered up to the time of termination of the contract as well as the additionally agreed travel costs and expenses less the pro rata remuneration saved by the termination.
9.5 As a result of termination of this Agreement, each Party shall return to the other Party all documents, brochures, confidential information and property provided pursuant to this Agreement or confirm in writing to
that they have been deleted.

1. scope

This Special Part IV applies in addition to the General Part
to training courses, seminars, workshops and comparable further training offers that KOM4TEC provides to its customers.

2. scope of services

The concrete scope of services and the respective participation requirements result from the respective valid price list and the offer.

3. registration

The registration of the customer is made by email, fax or
in writing to KOM4TEC. Registrations are binding. The
client should use the
registration form provided by KOM4TEC.

4. rescheduling by KOM4TEC

4.1 KOM4TEC reserves the right to reschedule or cancel appointments for important reasons. An important reason is in particular
the illness of the lecturer or force majeure.
4.2 KOM4TEC commits itself to inform the participants immediately about the postponement. If participation fees have already been paid, they will be refunded in full without delay if no new date is agreed upon.
4.3 A claim for reimbursement of costs already incurred by the customer in the context of the preparation
of the participation does not exist

5. cancellation

5.1 The Client may replace participants of his company who have already registered with other participants of the company without stating reasons, provided that the participation requirements are met and no service has yet been used.
5.2 Registrations may be cancelled free of charge up to one month before the date of the event.
5.3 If the client cancels appointments at least 10 working days before the appointment, KOM4TEC will charge the client a cancellation fee of 25% of the agreed net fee. If less than 10 working days remain until the date of the appointment upon receipt of the cancellation notice, the cancellation fee shall be 50% of the agreed net fee.
5.4 Costs in connection with the cancellation, in particular the cancellation of trips, shall be borne solely by the client.

6 Warranty, liability

6.1 For services of this special part (IV) there are neither contractual nor legal claims due to possible defects. KOM4TEC guarantees, however, that such services will always be provided
by appropriately qualified personnel with due diligence.
For claims for damages or reimbursement of expenses of the customer the liability regulations of clause 10 of the AT shall apply.