Terms and Conditions
1.1. These terms and conditions regulate the letting and using of the data back up system Back-up4you of the firm Solutions4Enterprise and their customers.
1.2. The customer and users authorized by him can back up data on a central back up platform operated Solutions4Enterprise . Depending on the tariff the customer is allowed to configurate a server, PC or Laptop (Client PC) for the use of Back-up4you and to access the needed access authorizations and client software package.
1.3. Prerequisites for the use of Back-up4you the customers has to set up the following:
a) Internet access: The connections needed for access as well as for the use of Back-up4you are not subject of this contract.
b) Server, PC or laptop with an up-to-date Windows operating system.
c) Installation and activation of the client software on every Client PC.
2. Services of Solutions4Enterprise GmbH
2.1. Solutions4Enterprise will provide following services within the bounds of operational and technical possibilities:
a) Solutions4Enterprise provides memory space on its central online back up platform for its customers where these can store their data in the agreed scale.
b) Solutions4Enterprise lets the required client software, which is needed for the access and use of Back-up4you to the customer by giving him a CD Rom or as an internet download. The functionality of the software enables every customer’s authorised client PC.
2.2. Back-up4you platform: The service is performed on the Back-up4you platform, which is accessible daily from 0:00 to 24:00 with an availability of 97%. The customer’s back up data is saved compressedly. A client related encoding code blocks any access to data saved by the user by unauthorized users. All server and system components used to run the online back up platform are separated from the internet by a firewall system. The firewall system protects the system components from attacks and unauthorized access through internet.
2.3. Back-up4you access: the Back-up4you platform is accessed through the internet. Prerequisite for the access is customer authorization by password. For the re-loading of the saved data the client software generates an encoding code which protects the database, which is saved in the client’s data account, from unauthorized access.
2.4. Inspection Window: The Back-up4you platform can be taken out of service for maintenance reasons. In this case the customer will be informed on time by Solutions4Enterprise GmbH. Solutions4Enterprise GmbH tries to do the maintenance work outside main utilization hours. The time frame does not influence the calculation of availability.
2.5. Service: Solutions4Enterprise takes default messages during normal office hours (Mo – Fri 8:00 – 17:00) Defaults will be immediately solved in the frame of technical and operational possibilities. Default messages out of office hours have to be reported by email.
2.6. Provision: Solutions4Enterprise services will be ready for operation as soon as the first access password and the user name are received by the customer.
2.7. Annulment of data account: After the annulment of the data account within the life of the contract the complete database saved on the Back-up4you database will be accessible for another 10 days. Access after this date is not possible.
2.8. Uninstalling after end of contract: After the contract ends the complete database saved on the Back-up4you database will be accessible for another 10 days. Access after this date is not possible.
3. Customer’s Responsibility
3.1. The customer has following responsibilities:
a) The assigned user and access authorizations as well as the fixed secret key have to be protected from access by a third party. These have to be changed immediately if the customer suspects that a third party gained knowledge to this sensible data.
b) The customer or an unauthorized third party are not allowed to intervene with the programmes that are run by Solutions4Enterprise.
c) Costs created by unfounded default messages, which result in the checking of your technical fittings, even if there was not a default of the technical fittings of Solutions4Enterprise GmbH and if the customer could have recognized this with a reasonable default search.
d) For every debit entry not honoured or returned the customer has to reimburse Solutions4Enterprise for the costs arisen.
e) The data to be backed up by Solutions4Enterprise has to be examined for damaging components adequate measures (e.g. anti virus programmes) before the data is transferred. A check up of the data for a possible virus contamination or anything similar cannot be done by Solutions4Enterprise GmbH.
f) The customer obliges to refrain from saving any details on the Back-up4you platform which violate the rights of a third party or violates the current law.
3.2. If the customers violate the obliging responsibility and does not immediately revoke the breach of contract Solutions4Enterprise GmbH has the right to stop the services with the customer bearing the costs. If this is the case the customer is still obliged to pay the monthly costs. Further claims by Solutions4Enterprise GmbH remain untouched. Users authorized by the customer are obliged to keep to the regulation.
4. Payment Conditions and Delayed Payments
4.1. The amount due will be debited from the customer’s bank account by Solutions4Enterprise GmbH according to the debit order. The invoicing takes place in advance.
4.2. Other invoices, especially those mentioned in point 3 of the terms and conditions are due10 days after the invoice receipt without any deductions.
4.3. Solutions4Enterprise is entitled to block services at the expense of the customer in case of a delayed payment. However, the payment is still obliged to pay the monthly rate.
4.4. If the customer is in arrear with a payment and it exceeds the amount of two basic monthly rates Solutions4Enterprise can resign from the contract without having to give notice.
4.5. The customer is only allowed to offset the invoice against a counterclaim if it is indisputable and legally valid. The customer is only entitled to his right of retention as long as it is based on the same legal transaction.
4.6. If Solutions4Enterprise is behind with owed services, liability sets in place as described in point 6. The customer is only entitled to step back from the contract if Solutions4Enterprise GmbH does not meet an extended deadline which has to be at least two weeks.
5. Right of Use
5.1. Solutions4Enterprise does not grant an exclusive right of use for the client software. The customer can authorize a user within the limitations of this contract.
5.2. The software is neither allowed to be changed (only to a necessary extent in the case of a default message or in intended use) nor redeveloped or translated.
5.3. The customer is not entitled to use Solutions4Enterprise GmbH in any other way than described in the contract or to make it available to a third party.
5.4. Each case in which the customer culpably enables a third party or an unauthorized client to use Back-up4you, the customer has to pay a fine which amounts to 12 times the monthly rate and is payable immediately. The compensation enforcement is reserved for Solutions4Enterprise GmbH.
6. Liability, Damage Mitigation Responsibility
6.1. Solutions4Enterprise is liable for contract breaches unlimited to grossly negligent caused damage as well as injuries of life body and health.
6.2. Further Solutions4Enterprise is liable for inquiries which were caused by negligent breaches of substantial contract duties (so called cardinal duties).
6.3. Liability according to 6.2. is limited to the amount of the typically occurring damage, however, the maximum being EUR 5,000.
6.4. All liability claims not mentioned in 6.1. to 6.3. are excluded.
6.5. It is up to the customer to reduce possibly occurring damages and expenditures by backing up the data in adequate intervals and in suitable form in addition to Back-up4you. A form is recognized as suitable if it makes the recovery data possible in justifiable time. Adequate intervals are considered to be those which keep damages of a possible damage at a reasonable scale which does not exceed the in 6.3. agreed upon liability upper limit of EUR 5,000.
7. Changes to the Contract
7.1. Intended charges of these terms and conditions as well as price and services changes are communicated in written form to the customer by Solutions4Enterprise GmbH. The terms and conditions are accepted if the customer does not object on writing. The objection has to be received two weeks after the notification arrived.
8. Duration of Contract
8.1. The minimum life of the contract is 6 months. The contract is extended by the originally chosen life of the contract is extended by the originally chosen life of the contract of 6,12 or 24 months by the end of the term, if written notice is not given within deadline of 4 weeks before the end of the contract.
9.1. End-users are entitled to cancel the contract within 2 weeks after the confirmation of order. With the customers agreement, the cancellation right becomes invalid if services have started being performed or if the customer is actively using the services. To keep to the stipulated period it is sufficient to sent the cancellation in due time to Solutions4Enterprise GmbH, Windecker Straße 8, 63452 Hanau. The cancellation does not have to be justified.
10. Final Terms
10.1. The customer can only transfer the rights and obligation of this contract to a third party with a written consent issued beforehand by Solutions4Enterprise GmbH.
10.2. Place of fulfilment for all services included in this contract is the location of Solutions4Enterprise GmbH headquarters. The court of jurisdiction is the location of Solutions4Enterprise GmbH headquarters. The law of the Federal Republic of Germany is applicable.
10.3. If any clauses of the terms and conditions are entirely or partly invalid the validity of the other clauses remains untouched. Both parties have to replace an invalid arrangement with a clause which comes as close as possible to the invalid arrangement’s economic intention and which is valid.
Status: Januar 2010