Support Contract ThinPrint AG
Advice: Please note that in order to claim support services , all your purchased licences have to be covered by a valid support contract. (see also
point 5)
General Terms and Conditions (GTC) for Support Contracts of the ThinPrint AG
1. Scope company. If Customer does not agree with this delegation he is
entitled to terminate this contract upon one (1) month written
1.1 The following GTC apply to all - including, but not limited to - notice and by giving respective reasons.
future contracts, offers, deliveries, and other services of Thin-
Print if no deviating agreements are made in individual con- 4. Data Protection
tracts. The validity of any General Terms of Trade of the con-
tracting party is herewith contradicted, even if they were sent to When performing support services ThinPrint shall
ThinPrint in a confirmation notice or by other venue. observe in its entirety any effective law and condi-
tion referring to data protection, such as in particu-
1.2 ThinPrint is entitled to change these GTC (including all general lar the German Data Protection Act.
terms included in other contractual documents). Contracting
Party will be notified of changes in writing. Should the contract- 5. Special Obligations of Customer
ing party not refuse the changes within one month after receipt
of said notification, the changes are deemed accepted by the Customer is obliged to support and assist ThinPrint with the
contracting party. ThinPrint will indicate this necessity of accep- implementation of the Contract and with the performance of the
tance in the notification of change. Support Services in all respects. In particular:
2. Subject Matter of Support Contracts (a) Customer has to ensure that he will purchased and uses a
valid ThinPrint Update Service for all ThinPrint-licenses, since
Subject matter of this Contract is performance of support ser- any Support Services cannot be provided and performed with-
vices provided by ThinPrint as specified in the contract above. out valid updates of ThinPrint’s software,
Within this context support will be performed for all original (b) Customer has to provide ThinPrint with a written and detailed
ThinPrint Products in the current version and for previous ver- description of all changes of the configuration or other options of
sions no older than 1 year (henceforth referred to as “Prod- all terms and conditions stipulated in number 8 of the form con-
ucts“). Only Products produced and duly licensed by ThinPrint tract,
and unmodified by Customer shall be supported. ThinPrint only (c) Customer is only allowed to use delivered ThinPrint products
provides support for Products listed in Appendix 1 above. All and services as described in documentation provided by Thin-
devices involved in the printing process including their installa- Print together with product licenses,
tion and configuration shall be considered and included into (d) only employees or other staff members of Customer listed in
support. number 8 of the form contract shall be entitled to seek informa-
tion about number, type and subject matter of the support proc-
3. Particular Support Services ess as well as results and solutions of technical problems. Cus-
tomer will ensure that the named employees or other staff
3.1 ThinPrint Technical Standard Support contains solutions of members are sufficiently informed about the support procedure
the following technical problems: and passing on technical problems to ThinPrint according to the
handout. Furthermore, such employees and staff members have
(a) acceptance and registration as well as documentation to be informed and professionally trained sufficiently about the
of error messages and the analysis of their appearance actual configuration of the environment, dealing with technical
with regard to handling errors and afterwards the assis- problems and the procedure of passing-on technical information
tance with deletion of errors, and problems to ThinPrint. Employees and other staff members
(b) support regarding installation, configuration, updating have to have all available information and all documents about
and upgrading, hardware and software of Customer permanently at hand and
(c) consulting, information and recommendation in general shall make it available to ThinPrint and shall also hand over
with regard to the use of the products. copies of these documents and information to ThinPrint upon
request. Therefore Customer has to establish a system within
The aforementioned support services will be performed by e- his company dedicated to notice and forward any technical
mail or telephone. They are provided and available in Ger- problem as fast as possible.
man or English. (e) Due to the aforementioned conditions and guidelines stipulated
in 5. (d) above, Customer is obliged to name only employees
3.2 Extended Support Services include technical support ser- and other staff members which have adequate knowledge and
vices of ThinPrint onsite, in the premises of Customer. As authority to request for support.
long as Extended Support Services are not stipulated in and (f) ThinPrint is entitled to entrust Customer with any activity for
agreed upon according to number 2 of this form contract, solving technical problems, supervised by and with the aid of
ThinPrint additionally offers in addition to ThinPrint’s Stan- ThinPrint. Such activities include, but are not limited to the sav-
dard Support as stipulated in 3.1 Extended Support Services ing of different printing data, record of error messages or collec-
onsite to Customer if any necessary and required technical tion of information of configuration. ThinPrint is entitled to ask
support can not be performed by e-mail or telephone. If Cus- for written details of all files and all activities, for example log
tomer decides to call on Extended Support Services, Cus- files and spool files,
tomer needs to commission ThinPrint to perform Extended (g) Furthermore, ThinPrint is entitled to include Customer in the
Support Services in writing. In no case ThinPrint is obliged to solution of technical problems, in particular Customer will be
grant Extended Service for each request of Customer. In fact, obliged to change configuration of products or to install the re-
Extended Support Service is offered without commitment to spective current version of the software product on each request
Customer and can be refused by ThinPrint giving objective of ThinPrint,
reasons. Any performance of Extended Support Service has to (h) Customer is obliged to ensure the integrity and safety of the
be paid separately on the basis of the price conditions valid software and data and to protect them from access by unauthor-
at the moment of performance of each particular Extended ized third parties and will have the sole responsibility to recon-
Service as it is not included in the prices for Standard Sup- struct files which are lost or altered by serious errors.
port. Furthermore, Customer has to pay for all costs incurred (i) If Customer shall not fulfill the conditions as stipulated in 5. (a)
by ThinPrint in connection with provision of Extended Sup- – (h) above and if the performance of support services will be
port Service, such as additional personnel costs, accommo- interfered and made difficult or impossible, ThinPrint will be en-
dation and travel expenses. Therefore Customer is entitled to titled to refuse any performance of support services by giving re-
solicit a non-binding offer from ThinPrint pertaining to any spective reasons.
costs and expenses occurring in connection with the provi-
sion of Extended Support Services before commissioning 6. Termination for good cause
ThinPrint.
Either party may terminate this Contract immediately upon writ-
3.3 At any time, ThinPrint is entitled to delegate performance of ten notice to the other at any time upon good reason shown. A
support services, all rights, and obligations included, to another good reason exists:
Support Contract – en – EUR
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Support Contract ThinPrint AG
service has been free of computer viruses at the moment it left
a) for ThinPrint, if Customer does not, despite reminder, make due the electronic system of ThinPrint. Customer is obligated to take
payments within four weeks after maturity, on appropriate safety measures to prevent reduction or loss of
data caused by computer virus or any other disturbance.
b) if one of the parties stops in finality all of its business activities
or becomes insolvent and the other party attains knowledge 8.4 ThinPrint is also not liable for loss of profit, un-recovered
hereof, investments, atypical and unforeseeable damage, and indirect
and/or consequential damages. Furthermore, ThinPrint is not li-
c) if one of the contractual parties infringes considerably any of its able for re-establishment of lost or damaged data, destruction or
material contractual obligations and any further adherence to loss of data, unless Customer can prove that said loss or de-
the contract would be unacceptable for the other party. struction of data arise from gross negligence or intent of Thin-
Print. Furthermore, Customer is responsible for ascertaining that
The right for contractual notice of dismissal (6 weeks at the end their data are restorable at justifiable expenditure by using ap-
of the contractual period) remains unaffected by this provision. propriate and up-to-date safety precautions measures.
ThinPrint is also entitled to terminate this Contract immediately
upon written notice without giving a good reason on condition 8.5 The Liability of ThinPrint is limited to an amount of 500,000
that ThinPrint is obliged to refund the outstanding amount Cus- Euro per case.
tomer paid for Support Services for the running period of Sup-
port Services. 9. Transfer of Rights
7. Support enquiries Neither party may assign or transfer this Contract or the rights
and obligations hereunder to a third party without previous writ-
In general, all enquiries may be filed by all authorized persons ten permission of the respective other party, unless the transfer-
as listed in number 6 of the form contract by phone or by mail ring party and the third party are in a state of dependence as de-
using the e-mail-address or telephone number(s) provided in fined in § 17 of the German Stock Companies Act (AktG) or if
number 5 of the form contract. With each enquiry Customer the third party assumes with this contact all or almost all assets
has to send/communicate the valid Support-ID, valid Support of the transferring party. The permission mentioned in sentence
request number, name of the company, name of the requesting 1 may be denied by giving significant causes. Such significant
person, respective telephone number and respective e-mail- cause is particularly given where a danger exists that the con-
address to ThinPrint. tracting rights and obligations as well as rights and obligations
defined in these GTC can or will no longer be fulfilled due to
8. Warranty and Liability such transfer.
8.1 ThinPrint does not guarantee performance of support services or 10. Place of jurisdiction/Applicable Law
any other service/ performance as stipulated in the Contract.
ThinPrint will not give any guarantee for delivered products This Contract and the GTC shall be subject to and construed
and/or their marketability or their suitability for a special pur- and interpreted in accordance with the law of Germany to the
pose. exclusive jurisdiction of the Courts of Berlin, Germany. Terms of
the CISG (United Nations Convention on Contracts for the Inter-
8.2 ThinPrint is only liable to Customer for any direct damage which national Sale of Goods) are inapplicable.
has been caused by its legal representatives, employees or other
factors, servants or assignees if this damage was caused by an 11. Miscellaneous
infringement of cardinal obligations of that support contract and
only as far as the damage was effected by intent or gross negli- 11.1 This form contract or these GTC or any part of this form contract
gence or by a gross organizational fault of ThinPrint and only as or these GTC can only be amended, modified, or extended by a
far as this damage was typical and foreseeable on the basis of written agreement, agreed and signed by both parties
performance of the support services. Liability for any damage
caused by gross negligence is limited in scope to four times the 11.2 Should this Contract or these GTC contain an omission or should
annual price for support services. This limitation of liability also a provision be or become partly or entirely void, the remainder
applies in cases of previous inability of ThinPrint. of this Contract or the GTC remains in force. Instead of the
missing or void provision, a provision is considered as agreed
8.3 ThinPrint is not liable for any damages arising from computer upon which best fits the parties’ originally intended economic
viruses, as long as any performance sent via internet, or any purpose.
other performance within the context of performance of support
May 2009
ThinPrint AG, D – 10559 Berlin
Support Contract – en – EUR
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