General support conditions

1. Support services

  1. Securepoint GmbH, during its usual working hours which are available on request, has trained and qualified staff at its disposal who are ready to advise and support the users/retail partners on all matters concerning the software that is covered by the contract. Support may only be used by licenced users/retail partners.
  2. The support services of Securepoint GmbH cover problems, recorded in writing or over the phone, that users/retail partners experience with the software and hardware supplied by Securepoint. Here only questions pertaining to problems that affect the functionality of the standard software and standard hardware supplied by Securepoint are dealt with by Securepoint GmbH.
  3. Securepoint GmbH endeavours to answer questions about the respective application as soon as it receives the query or within two working days at the latest. If further research is required, Securepoint GmbH shall communicate this within the above period and answer these questions in due course verbally or in writing.
  4. Securepoint GmbH is not obliged to answer questions that clearly show that the user/retail partner has not undertaken or not undertaken sufficiently the required training. This also applies to issues that are dealt with in the manual.
  5. Securepoint GmbH is entitled to refuse support for users/retail partners in the following cases/constellations: Implementation of individual software, adjustments by third parties, insufficient hardware or old program versions no longer maintained by Securepoint, or if the user/retail partner is clearly lacking in terms of qualifications/training or the user/retail partner does not meet the obligations from this contract properly and Securepoint makes use of its right of retention.
  6. Support queries submitted by the user/retail partner outside of the scope of services under 1.2 are treated as special services. The following support queries in this regard or the services to be rendered are expressly not included in the support contract and are offered separately according to the price list on request. These include, among others: the configuration of the Securepoint systems (UTM, UMA and NAC), the DNS setup, all settings that must be made by the provider of the end user and installations for systems not explicitly supported. If training sessions or on-site appointments are required by the user/retail partner with respect to the support queries, these are offered according to the Securepoint GmbH price list after prior consultation.

2. Obligations of the User/Retail Partner

  1. The user/retail partner submits their support queries by email, fax, via the Internet or, if agreed, over the phone to the address or telephone numbers specified by Securepoint GmbH. To ensure that their support queries are processed promptly, the user/retail partner should endeavour to send them by email or via the Internet to Securepoint GmbH.
  2. The user/retail partner is committed to providing all of the required information, papers and documents (data backups, too, potentially) that can help Securepoint GmbH to solve the problem. Securepoint GmbH shall inform the user/retail partner of the nature and scope of the information required.
  3. Furthermore, the user/retail partner is obliged to create a complete data backup before each program or configuration change.
  4. The transfer of acquired support rights is excluded.

3. Payment

  1. Payment for the support contract comes from the price list that is valid at the time. It is payable with the licencing of the software for one year in advance.

4. Duration of Contract

  1. The support contract can be terminated with a period of notice of three months to the end of a contractual year or when the agreed term expires. If the termination refers to the last support contract of a retail partner, the period of notice can only refer to the termination date of the retail partner agreement, likewise with a period of notice of three months to the end of the contractual year or when the agreed term expires with respect to the retail partner agreement.
  2. This does not affect the right to extraordinary termination.

5. Final Provisions

  1. Securepoint undertakes to assign only authorised employees who have a duty to maintain data confidentiality in accordance with §5 of the Federal Data Protection Act to perform remote maintenance work. However, Securepoint GmbH is entitled to authorise a subcontractor to perform support services provided that availability and quality does not suffer as a result.
  2. No verbal agreements have been made. Changes or additions to this contract must be made in writing. This also applies to the cancellation of this written form clause. Additionally, the provisions of the general delivery and payment terms and conditions of Securepoint GmbH apply. The provisions of the general support conditions take precedence in the event of contradictions.
  3. Securepoint GmbH is obliged to use the data and information it receives for internal purposes only and with the utmost confidentiality. Data and information carriers that may be received are destroyed three months after the support case has been dealt with or at the latest after the contract has terminated.
  4. Securepoint GmbH is not under any obligation to store or back up data.
  5. Personal data that becomes known to Securepoint GmbH as part of support fulfilment shall only be used for the purposes of maintenance. This data shall not be passed on to third parties.
  6. Securepoint GmbH reserves the right to make changes to these general support conditions at any time. The contractual partner shall be informed of any changes immediately. The changes shall be regarded as accepted unless the contractual partner objects in writing within two weeks following receipt.

6. Liability

  1. Securepoint shall only be liable for deliberate action and gross negligence. Any further liability shall be excluded. Liability for loss of data shall be restricted to the costs typically involved in data recovery that would have been incurred with regular creation of the customer’s backup copies in view of the level of risk.

7. Jurisdiction Agreement

  1. The place of fulfilment and place of jurisdiction is Lüneburg.

8. Severability Clause

  1. Should one or more of the provisions of this contract be or become invalid, the validity of the remaining provisions shall not be affected. The parties shall replace the invalid provision with one that most closely corresponds with the contract purpose of invalid provision from a commercial perspective and shall itself be valid.

Position as per: November 2010, Securepoint GmbH, Board of Management