What is an AMC contract for computers
Terms of Service
1. Material scope
The following conditions apply to services that are offered and provided by AMC World Technologies GmbH, Fischerinsel 1, 10179 Berlin (hereinafter referred to as "AMC World").
2. Type and scope of the services
The type and scope of the mutual services are regulated by the contractual agreements. The following are decisive for this:
- the scope of services defined in the contract, which is considered suitable for the intended use,
- the conditions set out in the contract,
- the following conditions,
- Generally applied technical guidelines and standards, in particular the international standards and proposals of the Internet Engineering Task Force (IETF), as documented in the Request-for-Comments (RFC), and the W3C (World Wide Web Consortium)
In the event of discrepancies, the contractual agreements apply in the above order. Further conditions, in particular general terms and conditions of the contractual partner, do not apply, even if AMC World does not expressly contradict them. The general terms and conditions of AMC World apply exclusively.
The contract partners name appropriate contact persons on both sides when the services begin.
4. Obligations of the service recipient
The recipient of the service undertakes to create the conditions necessary to provide the services. In particular, he ensures that employees and companies commissioned by AMC World can carry out the installation of the hardware and software components on site. A possible notification obligation by AMC World that such measures must be carried out is therefore deemed to have been fulfilled. Furthermore, the service recipient provides AMC World with the necessary documents and information. If this involves electronic documentation, the service recipient will make these documents available in standardized formats that can be read across platforms (PDF, ASCII).
4.1 Technical support
If necessary, the service recipient must release staff from the departments involved for professional support.
4.2 Provision of resources for on-site services
Workstations for employees of AMC World at the service recipient are required as aids for the duration of the service provision if work is carried out on site. The workplaces are to be equipped by the service recipient with the workstation computer systems that are customary at the service recipient and are technically necessary for the provision of services, which have a print option and an Internet connection for SSH (Secure Shell), HTTP and HTTPS.
4.3 Provision of tools for services via remote connection
The recipient of the service must ensure that AMC World is given free access to the system with the aid of a TCP / IP connection. On request, AMC World can provide a suitable router or access is made possible via the Internet. If the service recipient does not function or does not provide the connection, the work can be interrupted without giving any further reasons.
4.4 Unavailability of resources
The workplaces and the TCP / IP connection are provided for AMC World by the service recipient after the service has been provided. If, due to a lack of availability of the workstations or the TC / IP connection, with or without action or omission by the service recipient, AMC World becomes necessary to provide services in accordance with the contract, then the service recipient bears all associated costs of AMC World and AMC World can for damages which arise from a time delay in the provision of services, cannot be held liable.
5. Limitation of Liability
In any case, the contractual and tortious liability of AMC World is limited to 1,500,000 euros for personal injury and to 500,000 euros for damage to property and property (including loss of data), except in the case of willful intent and gross negligence. AMC World is not liable for the recovery of data if the service recipient has not carried out regular data backups.
AMC World assumes no liability for disruptions to telecommunications connections, for disruptions on cable routes within the Internet, in the event of force majeure, if third parties or the customer are at fault. AMC World assumes no liability for damage that occurs when the recipient of the service passes on passwords or user IDs to unauthorized persons.
6. Scope of delivery, retention of title
All deliveries and services from AMC World are exclusively subject to retention of title.
The executable program files and the complete documentation of the configuration and installation services provided are supplied. Source code is not part of the scope of delivery.
After full payment, AMC World transfers ownership of the delivered goods and the right of use from the services provided to the recipient of the service as stipulated in the contract. Furthermore, after full payment, AMC World transfers the right of use and the right to process the service results to the service recipient. However, AMC World retains the right to any other use of the underlying concepts and program source code.
7. Payment Terms
When the service is provided, the customer receives an invoice from us with a due date in accordance with the calendar. Unless otherwise agreed, the stated invoice amount is payable without deduction within 7 days of the invoice date. Partial payments are possible after a written agreement.
7.1 Payment method
Payment can be made either by transfer, direct debit, cash or prepayment, whereby the customer is responsible for fees for any return debits. AMC World reserves the right to exclude individual payment methods.
7.2 Default in Payment
If the customer does not pay within the deadline specified in the calendar, AMC World reserves the right to issue a reminder (reminder fee 5 euros) or, if necessary, to transfer the claim immediately to a debt collection agency or a lawyer. Interest on arrears of eight percent above the applicable base rate is due.
7.3 Offsetting and retention
The customer is only entitled to offset if his counterclaims have been legally established by a court or have been recognized in writing by AMC World or are undisputed. The customer can only exercise a right of retention if the claims result from the same contractual relationship.
8. Confidentiality, data protection
The contracting parties undertake to keep secret the knowledge gained within the scope of the subject matter of the contract - in particular technical or economic data as well as other knowledge - and to use them exclusively for the purposes of the subject matter of the contract. This does not apply to information that is publicly accessible or that becomes publicly accessible without unauthorized action or omission on the part of the contracting parties or that has to be made accessible due to a judicial order or a law.
If personal data have to be processed within the scope of the subject matter of the contract, the contractor and the recipient of the service will comply with the statutory data protection regulations.
In accordance with the Federal Data Protection Act (BDSG), AMC World advises the customer that customer data will be saved.
AMC World can subcontract within the scope of the service provision. In this case, AMC World must impose the obligations corresponding to the preceding paragraphs on the subcontractor. Subcontracting of this kind is possible without consulting the recipient of the service. AMC World's liability for the entire service remains unaffected.
10. Final provisions
Should one or more of the provisions of these general terms and conditions be ineffective, the rest of the contract remains effective. The relevant statutory provisions apply in place of the ineffective provision. German law applies with the exception of the UN sales law. Place of fulfillment and place of jurisdiction for both parts of the contract is Berlin, as far as this is permissible.
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