1. Support services
(1) During its usual business hours, which will be communicated upon request, Securepoint GmbH has trained and qualified personnel available to advise and support the user/specialty retail partner in the use of the Software that is the subject of this Agreement. The support may only be used by the licensed user/specialized trade partner.
(2) The support services provided by Securepoint GmbH include the written or telephone recording of problems encountered by the user/specialized trade partner with the software and hardware supplied by Securepoint. In this context, the clarification of these problems by Securepoint GmbH is expressly limited to questions concerning the functioning of Securepoint's standard software and standard hardware.
(3) Securepoint GmbH endeavors to answer questions regarding the respective application immediately upon request, but within two business days at the latest. If further research is required, Securepoint GmbH will inform you of this within the aforementioned period and will answer these questions in writing or verbally within a reasonable period of time.
(4) Securepoint GmbH is not obligated to answer inquiries that are obviously based on the fact that no or insufficient training was provided by the user/specialized trade partner. This also applies to issues that are covered in the manual.
(5) Securepoint GmbH is entitled to refuse support for users/specialized trade partners in the following cases/constellations: Use of individual software, adaptations by third parties, insufficient hardware or old program versions no longer maintained by Securepoint, or if lack of qualification/training of the user/specialized trade partner becomes apparent or if the user/specialized trade partner does not properly fulfill the obligations arising from this contract and Securepoint exercises its right of retention.
(6) Support requests from the user/specialized trade partner outside the scope of services under 1.2 are treated as special services. The following support requests or the services to be provided are explicitly not part of the support contract and will be offered separately upon request according to the price list. These include: configuration of Securepoint systems (UTM, UMA and NAC), DNS setup, all settings that have to be made at the end user's provider as well as installations for systems that are not explicitly supported. Should training or on-site appointments at the user's/specialist reseller's premises be necessary within the scope of the support requests, these will be offered in accordance with the Securepoint GmbH price list, subject to prior agreement.
2. Obligations of the user/specialized trade partner
(1) The user/specialized trade partner submits his support requests by e-mail, fax, Internet or, if agreed, by telephone to the address or telephone numbers specified by Securepoint GmbH. In order to ensure prompt processing, the user/specialized trade partner should endeavor to forward the support request to Securepoint GmbH primarily via e-mail or the Internet.
(2) The user/specialized trade partner is obligated to provide all requested information, records and documents (possibly also data backups) that are relevant for Securepoint GmbH in the context of problem solving. Securepoint GmbH will inform the user/specialized trade partner of the type and scope of the required information.
(3) Furthermore, the user/specialized trade partner is obligated to create a complete data backup prior to each program or configuration change.
(4) The transfer of the acquired support rights is excluded.
4. Term of contract
(1) The Support Agreement may be terminated with a notice period of three months to the end of a contractual year or to the end of the agreed term. Insofar as the termination relates to the last support agreement of a specialist reseller partner, the notice period may only relate to the termination date of the specialist reseller partner agreement, also with a notice period of three months to the end of the contractual year or to the expiry of the agreed term of the specialist reseller partner agreement.
(2) The right to extraordinary termination shall remain unaffected.
5. Final provisions
(1) Securepoint undertakes to perform remote maintenance work only by authorized employees who are bound to data secrecy in accordance with §5 of the Federal Data Protection Act. Securepoint GmbH is, however, entitled to involve a subcontractor in the provision of support services as long as this does not result in a reduction in the availability and quality of the support services.
(2) No verbal agreements have been made. Amendments and supplements to this contract must be made in writing. The same shall apply to the cancellation of this written form clause. The provisions of Securepoint GmbH's General Terms and Conditions of Delivery and Sale apply in addition. In the event of contradictions, the regulations of the General Support Conditions take precedence.
(3) Securepoint GmbH agrees to use the data and information received only internally and to treat them confidentially. Any data and information carriers received will be destroyed three months after completion of the support process or, at the latest, after termination of the contract.
(4) Securepoint GmbH is not obligated to store or back up data.
(5) Personal data that becomes known to Securepoint GmbH in the course of fulfilling support services will only be used for maintenance purposes. The data will not be passed on to third parties.
(6) Securepoint GmbH reserves the right to make changes to these General Support Conditions at any time. If changes are made, the contract partner must be notified immediately. The changes are considered accepted unless the contract partner objects in writing within two weeks of receipt.
8. Severability clause
Should one or more of the above provisions of this contract be or become invalid, this shall not affect the validity of the remaining provisions. The parties undertake to replace the invalid provision with a provision that comes as close as possible to the intended contractual purpose of the invalid provision in economic terms and is itself valid.