Support Conditions

1) Part of these conditions are the General Terms and Conditions of REDDOXX GmbH (hereafter referred to as REDDOXX). Third-party conditions only apply insofar as they correspond to the terms and conditions of REDDOXX and these conditions for the provision of support services. Regulations that change or cancel these conditions are only valid if this has been confirmed in writing by REDDOXX. REDDOXX is entitled to change and supplement the conditions for the provision of support services at any time.

2) REDDOXX exclusively provides support to the licensee for the licensed REDDOXX products under the condition of a valid software subscription.

3) REDDOXX only deploys employees who are sufficiently suitable for the respective task. The use of substitutes is coordinated with the licensee in advance at the discretion of REDDOXX.

1) In order to be able to guarantee a quick processing of the support request, the licensee has to provide direct access to REDDOXX Appliance, depending on the type and extent of the problem.

2) Indirect access is exclusively via the Internet via SSH. For this purpose, REDDOXX provides an integrated Remote Support Tool, which is activated by the licensee for the time of the remote access. The Licensee is responsible for terminating the Remote Support Tool at the end of the Remote Access.

(Warning) The activated Remote Support Tool remains active even after a reboot of the REDDOXX Appliance.

3) The licensee names a responsible employee who is available to REDDOXX as contact person in all questions of the respective task.

4) In case of the provision of the support service at the premises of the licencee, the licencee has to provide suitable rooms for the employees of REDDOXX working at his premises, in which also documents, documentations and data carriers can be stored. furthermore, he has to support the activities of REDDOXX in every order phase.

5) The licensee shall further provide REDDOXX with all necessary work equipment if required, provide the employees of REDDOXX with access to the information necessary for their work at any time and provide them with all necessary documents in due time and, in case of programming work, provide computer times, test data and data acquisition capacities in due time and to a sufficient extent.

6) The licensee provides REDDOXX with any computing time required for the provision of the support service after consultation.

1) A support request is any request made by the licensee and/or his representatives to REDDOXX with regard to the supported products and which is supposed to lead to the solution of a problem. It is irrelevant whether the solution of a problem can be brought about through the processing of the support request, the licensee has to make an investment due to a consultation and/or planning by REDDOXX or a planning or consultation fails to achieve the desired result of the licensee.

2) In case of doubt, the licensee always has the burden of proof about the receipt of the support request by REDDOXX.

3) Support requests that concern and/or require the status of a legal advisor, tax advisor, legal counsel or other profession-dependent title are not processed and are not considered a support request.

4) A support request must always be formulated in writing and must contain the following elements:

a) Software serial number of the REDDOXX Appliance

b) Exact description of the problem (possibly together with documentation or other information).

5) The duration of the processing of a support request cannot be determined in advance. Therefore, there is no legal claim to a problem solution associated with the support request within a time frame defined by the licencee.

1) The term "response time" is understood as the period of time in which the processing of a support request is started after its receipt by REDDOXX, taking into account the regular working hours.

2) Unless otherwise contractually assured, a response time of 48 hours for chargeable support requests is considered agreed. The reaction time is considered to be fulfilled as soon as the licensee has received an e-mail from REDDOXX in which either the receipt of the support request is confirmed or solutions to the problem described in the support request are already contained.

3) In case of doubt, the licensee always has the burden of proof regarding the non-compliance with the guaranteed response time by REDDOXX.

1) The support request of the licensee is processed according to the order of receipt (first in, first serve).

2) There is no legal claim to problem solution within a time frame specified by the licensee.

1) REDDOXX guarantees that the support services are essentially provided as described in these conditions. Any further warranty, in particular with regard to the suitability of the service for a specific purpose, is excluded. The licensee acknowledges that the provision of support services depends on the continuous availability of communication facilities and that REDDOXX cannot guarantee such availability. Furthermore, REDDOXX cannot guarantee the functionality of any software tools that the licensee uses when requesting support services.

2) If the licensee has negligently, grossly negligently, knowingly or unknowingly provided untrue information about the type and scope of the subject matter of the order, REDDOXX is released from any warranty.

3) The licensee himself has to take suitable precautions against damage in his business which may occur due to interruptions or errors in communication equipment including the associated communication software. The licensee is obliged to create backup copies of his files, data and programmes before the start of the support services by REDDOXX and especially before a transfer to REDDOXX, as far as this is still technically possible for him.

4) REDDOXX is not liable for any damage caused by

a) an enquiry-related, aspired solution

b) defective hardware and/or software

c) improper implementation of the intended solution

d) operating errors

e) sabotage

f) Force majeure - Force majeure in this sense also includes:
-unavailability of electrical power at the contracting authority or the contracting party
-unavailability of communications equipment
-gross negligence of the licensee

5) REDDOXX is furthermore not liable for

a) for the loss of data on the side of the licensee.

b) for damages of any kind resulting from the omitted integration of security concepts due to advice or information.

6) Claims for damages on the part of the Licensee shall generally become statute-barred within a period of six months from receipt of the claim for damages.

1) As far as property rights of any kind arise within the scope of the support service, REDDOXX is entitled to them if they were exclusively established by the activity of REDDOXX employees. In this respect, the licensee is entitled to a free and non-exclusive right of use transferable to third parties.

2) Confidential information that is handed over by one party to the other within the scope of the support service must be clearly marked as confidential. The statutory provisions on data protection shall be observed. A transfer to third parties outside the scope of the contracting parties remains excluded. REDDOXX is not permitted to copy confidential information in whole or in part, no matter in which form, without the prior written consent of the contractual partner. After the termination of a respective support request, REDDOXX is obliged to return the received documents of confidential information to the other contracting party, unless the latter explicitly waives this.

1) These conditions regulate all rights and obligations of the parties.

2) The place of jurisdiction for all disputes arising from this contract is, as far as permissibly agreed, the registered office of REDDOXX. The law of the Federal Republic of Germany is applicable.

3) Should individual provisions of the conditions be legally ineffective or lose their legal effectiveness due to a later circumstance or should a loophole be found in this contract, the legal effectiveness of the remaining provisions shall not be affected. In place of the ineffective contractual provisions or to fill the gap, an appropriate provision shall apply which, as far as legally possible, comes as close as possible to what the contracting parties would have wanted if they had considered this point.