Full Terms and Conditions on our Website: https://www.coplanner.com/agb 1. Scope of Contract and Validity -------------------------------------------------------------------------------- The following terms are valid for all services and deliveries provided by the seller within the framework of this contract in connection with computer systems installed in Austria. The buyer’s terms of purchase have no legal force, in connection either with the transactions covered by this agreement or, for that matter, with the entirety of our business dealings. All offers are subject to change without notice. 2. Scope of Services -------------------------------------------------------------------------------- 2.1 Unless otherwise agreed, the services covered by this contract will be carried out by the seller, at his choosing either at the site of the computer system or in the business offices of the seller, during seller’s normal business hours. Should the buyer wish services to be provided outside of normal business hours as an exception, the additional costs will be invoiced separately. The choice of personnel to carry out the contractual services is the responsibility of the seller, who may bring in third parties. 2.2 The seller agrees to supply the software programs contracted for in this agreement in accordance with one of the following contractually agreed classes of support: Support Class A ------------------ • Information Service: The buyer will be informed about new programs, available updates, and programs under development, etc. • Hotline Service: The seller will be available to the buyer during agreed-upon hotline hours for advisory support should problems arise from time to time in connection with the use of the software programs covered by this contract. In case of repeated use of the hotline for very similar problems, the seller has the right to make further advisory support as covered by this agreement dependent on additional buyer training outside the scope of this contract and at the buyer’s expense. • Archiving and Provision of the Software Programs Covered Under This Contract: The seller obligates himself to archive the software programs developed by him and covered by this contract in computer-readable form, along with documentation in sufficient detail to fulfill the obligations established by this contract. Further, the seller will make these available to the buyer as necessary, in accordance with the terms of the purchase agreement. Support Class B ------------------ • Update Service: At a date determined by him, the seller will make available to the buyer the program updates provided by the producer. These updates comprise repair of mistakes, correction of possible program problems that do not occur either during the test run or during use within the warranty period, enhancement of the scope of performance, changes in the software programs consequent on legal changes. Legal changes that result in new program logic, that is, changes in existing functions that lead to new programs and program modules, as well as possibly necessary additions to the hardware, are not included in the performance obligations covered by this contract. These programs will be offered separately to the buyer along with the required data carriers and documentation. Support Class C ------------------ • Installation of Program Updates: The seller is responsible for copying onto or setting up the new program updates on the computer system covered by this contract. • Problem Solving on Location: In case problems arising within the scope of the contractually agreed-on services cannot be resolved by the hotline service, remote support, etc., the seller will undertake to correct the problems at the site of the computer system. 2.3 A mistake that requires correcting is considered to exist if a software program covered by this contract does not function in accordance with its performance specifications or documentation as set forth in the most recent valid version, and the buyer can so demonstrate. Buyer complaints are to be addressed to the seller in writing. For purposes of careful investigation of possible mistakes the buyer is obligated to make available to the seller at no cost the relevant computer system (for systems connected online with other computers the relevant connection is to be included), software programs, protocols, diagnostic backup, and sufficient data for test purposes during the seller’s usual business hours and to provide support to the seller. Identified mistakes for which the seller is responsible are to be rectified within an appropriate period of time. The seller is freed of this responsibility when solutions are hindered by deficiencies in the domain of the buyer and which are not corrected by him. The correction of a defect is to be carried out by a software update or by appropriate circumventory solutions.