Service and maintenance – Agreement
The following agreement describes conditions for software maintenance between Softsolution GmbH – (licensor) to the
This agreement is exclusively based on the particular valid general terms and conditions of Softsolution GmbH (licensor),
which can be found at http://www.glass-iq.com/en/imprint. In case of conflicting parts, this agreement is valid.
2. Range of Services
The licensor makes sure, that there is a hotline available in order to support any products purchased from Softsolution
GmbH. This service is available at:
- Monday to Thursday between 8am – 12am and 1 pm - 5 pm
- Friday between 8am – 12am and 1pm to 2pm
- on regular working days of Austria (not on official holidays within Austria)
The listed times are based on GMT+1 (central European summer- and winter- time)
The hotline can be contacted by the following ways:
- by phone using +43 7442 53988 – 220
- by email using email@example.com
The scope of service within that agreement has a maximum of 60 working hours per year for service and support
requests. If these 60 working hours are exceeded, we charge € 95,- net per hour (plus tax if applicable). The service and
support time is always rounded up to the next quarter of an hour for invoicing. This service is non-refundable. The licensor services the maintenance on the phone only for the licensee for software which is delivered and licensed by the licensor. The maintenance agreement includes 25 working hours for remote service and support, provided by the Softsolution Service Department. If this 25 working hours are exceeded, we charge € 95,- net per hour (plus tax if applicable). The service and support time is always rounded up to the next quarter of an hour for invoicing. This service is non-refundable. This service is supplied for products of the licensor, which are regularly used.
It cannot be used for:
- onsite visit
Within the scope of the maintenance of the software by the licensor, the licensee has the right to receive released new versions of the software free of charge, but only for the software which has the same product name as the service- and maintenance agreement is related to. The right for free of charge delivery of new versions of the software exists for the licensee only for minor releases. Major release upgrade prices must be paid by the licensee. The definition if a new release of the software is a minor or major release is up to the licensor. The installation of such updates via remote access is fully included within that agreement without additional costs for the licensee. In case, the licensee requires an onsite installation of such an update, it will be quoted separately by the
3. Outside the range of services
The licensor is not to deliver more services than defined in point 2. Especially, the licensor is not to deliver training,
support, error location, installation or recovery of data.
4. Contract period
This contract is valid for a period of one year beginning with the defined date between licensor and licensee. The
validation of this contract will extend year by year for every one year unless a contract party sends a termination notice to
the other party at least two months before the contract year ends. A prior normal termination is not possible.
The maintenance fee is for one year. The licensee must pay the fee at the beginning of each maintenance year. At the end of the maintenance year, the licensor has the right to increase the fee for the next year by a maximum of 10% against the price of the prior year. If the increase exceeds this 10%, the licensee is entitled to terminate the maintenance contract within 14 days after receipt of the written notice from the licensor. If the licensee does not terminate within these 14 days, the new maintenance fee is valid.
6. Data media
New versions of the software will be delivered by USB storage devices or via download.
If the licensee or his employees or contractors break a regulation of this contract, the licensor has the right to terminate this contract without previous notice. In that case, the licensee must stop use of the software immediately and he must return the software including all copies and printouts that he received or produced immediately to the licensor. A termination by the licensor refers to all versions of the software including copies. In the case of termination by the licensor, the licensee has no right for a refund and the licensee has to pay all outstanding maintenance fees until the end of the maintenance period.
8. Payment conditions
All invoices must be paid plus VAT within 14 days without any reduction or discount. In case of non payment, the licensor
can invoice interest for delay amounting to 12% p.a.. The maintenance fee is due in full immediately after the order.
9. Liability exclusion
The liability of the licensor is limited to the amount of the paid license fee.
10. Delivery and transfer of perils
The delivery is completed as soon as the software arrives at the licensee. This risk is transferred from the licensor to the
licensee with the delivery.
11. Salvatorian clause
If one or more regulations of this contract are void or ineffective, will be void by law or will be ineffective, or there is a gap
in this contract, the other regulations of this contract keep valid. In this cause, the parties pre-engage that they will
substitute or amend this void or ineffective regulation of the contract with a regulation which is economically adequate.
12. Obligation to cooperate
The licensee has to support the lisensor in case of needed service and support, in the best way possible. This especially means to provide the technical environment for the licensor to connect to the required PC’s via remote and so on. The licensee is obligated to support the licensor with required examples and data to allow a fast execution of the specific request.
All additional regulations to this contract and all changes of this contract must be made in writing and must be signed by both parties. This is also required for any changes of this regulation. General and special purchase regulations of the licensee are not valid. This contract is based on the law of the Republic of Austria. The parties agree, that for the settlements of disputes the Austrian Law will be the basis and these settlements will take place at an Austrian court in Vienna.