1.1 The subject of the contract is the regulation of the Q.wiki Enterprise Subscription (§2), services (§3) and response times (§4). The following general contract conditions apply to the execution of the contract and the contractual relationship between Modell Aachen GmbH and the customer in connection with the provision of services. Divergent, conflicting or supplementary general terms and conditions are not part of the contract, unless their validity is expressly agreed by Modell Aachen GmbH.
1.2 Conclusion of contract: You can put together an individual order via the Modell Aachen GmbH website or in coordination with the sales department of Modell Aachen GmbH. This must include the contract data about your company, in particular the address, contact person and the number of users. Based on this information, Modell Aachen GmbH will generate an offer and send you a binding order. The contract is concluded with written confirmation from you.
2.1 With the subscription, the customer receives access to the repository (source code management) of the booked applications from Modell Aachen GmbH for the duration of the contract period. This is required for initial installation and installation of new program versions (upgrades, updates and patches) by Modell Aachen GmbH. The subscription costs agreed in the offer are determined by the customer's number of employees.
2.2 The Q.wiki program data obtained from the customer during the term of the contract, including new program versions, are subject to the license terms of the respective software components. The nature, scope and effectiveness of the granting of rights are not affected by this contract.
3.1 Modell Aachen GmbH offers Q.wiki Enterprise customers the following services:
Which Q.wiki versions are currently supported is on the website https://product-portal.modell-aachen.de/tabs/3-veroffentlicht-released to remove.
3.2 The service hours of Modell Aachen GmbH are Monday to Friday from 9:00 to 17:00. Federal holidays and public holidays in NRW are excluded.
3.3 Service requests to Modell Aachen GmbH must be made via the service portal integrated in Q.wiki. Alternatively, service requests can also be sent by email to service@modell-aachen.de be asked. Feedback and suggestions can be sent free of charge at any time via feedback@modell-aachen.de be given.
3.4 The service provided by Modell Aachen GmbH is free of charge for Q.wiki customers.
4.1 For service inquiries from customers, the response times agreed in the offer apply, within which work on the customer's problem is started. If no response times have been agreed, service requests will be processed according to general availability. Recovery times have not been agreed.
The following definitions of terms apply here:
4.2 Inquiries that do not concern critical issues or major issues will be processed within the framework of general availability by Modell Aachen GmbH.
Maintenance appointments can be arranged by the customer with the service department to improve planning security.
6.1 The subscription costs are invoiced at the beginning of each contract year.
6.2 Insofar as there is a sales tax obligation, all prices are exclusive of the applicable statutory value added tax. Modell Aachen GmbH's payment term is 14 days.
7.1 It is the customer's responsibility to grant Modell Aachen GmbH the necessary access to its own Q.wiki software in order to carry out support and maintenance services. In particular, he will provide Modell Aachen GmbH with the necessary login data and, if applicable, physical access as well as the information and data necessary to carry out the order in good time.
7.2 The customer assumes responsibility for monitoring and backing up the server.
7.3 The Q.wiki is only intended for use within a company intranet and to protect it from access by an undetermined group of people. It is the customer's responsibility to use appropriate technical measures to protect Q.wiki from uncontrolled access by people outside the company intranet, for example by using appropriate firewalls or DMZ (Demilitarized Zone) systems. It is the customer's responsibility to keep them up to date at all times.
8.1 The following regulations apply to all legal and contractual claims for damages and expenses of Modell Aachen GmbH:
8.1.1 In the event of negligent breaches of duty, Modell Aachen GmbH's liability is generally limited to the contract value, as the sum of all compensation components for the current contract year.
8.1.2 In the event of loss of data caused by Modell Aachen GmbH, Modell Aachen GmbH is only liable for the effort that would have been required to restore the data if data had been properly and regularly backed up by the customer.
8.1.3 In addition, Modell Aachen GmbH is not liable for the breach of non-essential contractual obligations, whether intentional or grossly negligent. In abstract, essential contractual obligations are obligations whose fulfilment makes the proper execution of a contract possible in the first place and on whose compliance the contracting parties may regularly rely.
8.2 The limitations of liability in Section 8.1 do not apply to claims based on intent and gross negligence, injury to life, limb or health, malice, insofar as the Product Liability Act applies and in the case of a guarantee promise, unless otherwise regulated with regard to the latter.
In order to meet legal requirements, in particular the EU General Data Protection Regulation, the parties conclude a separate Agreement on order processing off.
10.1 The contract has a term of 12 months and is automatically extended for a further period of 12 months unless one party declares termination to the other party three months before the end of the current contract period. Terminations or changes must be notified to the respective party in writing. Unless otherwise agreed, the contract period begins at the beginning of the following month of assignment.
10.2 Modell Aachen GmbH reserves the right to adjust these contract terms, provided that customers are not unduly disadvantaged by such contract changes. Modell Aachen GmbH will announce any change at least two weeks in advance. If the customer does not agree with the changes, he can declare the extraordinary termination within this period.
11.1 The customer will immediately inform Modell Aachen GmbH if the number of employees in the company has changed to such an extent that this results in a different price classification.
11.2 Unless otherwise agreed, the limitation period for material and legal defects claims is generally 12 months. Notwithstanding this, claims expire within the regular limitation period if Modell Aachen GmbH has fraudulently concealed the defect. In this case, however, the limitation period does not end before the time limits in accordance with sentence 1.
11.3 The laws of the Federal Republic of Germany apply, excluding the United Nations Convention on Contracts for the International Sale of Goods (CISG).
11.4 Unless otherwise regulated, contractual notifications and declarations must be in writing at least.
11.5 The place of jurisdiction is Aachen.
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