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GTC

general terms and conditions

General terms and conditions of rissc solutions GmbH, Mathildenstr. 10/1. 71638 Ludwigsburg, Germany, legally represented by

by the managing director Alexander Sperrfechter (hereinafter "RISSC")

for the products printformer, printformer.i.o and printformer Zaikio Edition in the Cloud           

§ 1 Scope of application

These General Terms and Conditions (hereinafter referred to as "GTC") in the version applicable at the time of the conclusion of the contract regulate the provision of the software product selected at the time of the order (hereinafter referred to as "Software") via the Internet for a limited period of time exclusively to companies (hereinafter referred to as "Customers"; RISSC and the Customer together the "Contracting Parties"). These GTC including their appendices together with the individual information and order data of the Customer form the contract.

  • The customer can choose between different editions of the software and optional additional packages when concluding the contract. The parameters applicable to these, such as the scope of support services, the amount of the user fee, the period of storage of the transaction data processed with the software, shall be displayed to the customer when the contract is concluded.
  • The contract shall apply exclusively. Verbal subsidiary agreements between the parties do not exist. Deviating terms and conditions of the customer or terms and conditions of the customer that conflict with these GTC shall not apply; this shall also apply if RISSC does not expressly accept the terms and conditions of the customer If individual contractual agreements are expressly concluded between the customer and RISSC, these shall apply in addition to these GTC and shall take precedence over them in case of doubt.
  • RISSC is entitled to amend these GTC. New versions of the GTC will be communicated to the customer in writing or by e-mail, highlighting the changes. They become effective if the customer does not accept the new version in writing within six weeks of receipt of the notification of change. The customer will be expressly informed of the consequences of his failure to act upon notification of the changes. If the customer objects to the new version of the GTC, the contractual relationship continues according to the original conditions, but can be terminated extraordinarily by RISSC with a notice period of three months.

§ 2 Conclusion of contract

  • The presentation of the software on the website does not yet constitute a legally binding offer by RISSC, but merely a non-binding invitation to the customer to submit an offer on his part. With the completion of the customer's order by clicking on the order button, the customer submits a binding offer to conclude a contract. Before completing the order, the customer can check his order and contract data again on a separate page and make corrections if necessary (e.g. select a different software edition).
  • RISSC will confirm the receipt of the electronic order of the customer by sending an automatic confirmation of receipt by e-mail. This confirmation of receipt does not represent a binding acceptance of the customer's offer. It only serves to inform the customer about the receipt of his order. The contract is only concluded with the activation of the customer's account. RISSC is free not to accept orders of the customer; the decision on this is at the discretion of RISSC.
  • After an electronic order of the customer via the RISSC website, the individual order and contract data of the customer are stored by RISSC. RISSC is entitled to contact the customer in order to verify his identity and, if necessary, to clarify any queries regarding the order. The customer can view and complete his order and contract data after activation of his customer account with the role "company admin" via the user interface of the software. In addition, each customer receives a summary of the order and contract data (including the GTC included in the contract) by e-mail after checking his order. The current version of the GTC can also be called up and printed out at any time via the RISSC website. Contracts via the website are concluded in German and/or English.

§ 3 Special regulation during the test phase

  • The contract period begins with a test phase during which the software can be used free of charge. The duration of this test phase is defined upon conclusion of the contract, indicated in the order process and can be extended by RISSC upon request in special cases.
  • During this test phase, the customer has the opportunity to use the functionality of the selected edition without restrictions, to build up the operative master data and to test the workflow. The contract data required for subsequent invoicing must be entered by the first monthly change in order to ensure a smooth process here as well.
  • The free trial period expires automatically.

§ 4 Main Services; Scope of Software Functions

  • RISSC makes the software available to the customer for the term of the contract in the currently released version for use via the Internet. The customer is provided with an electronic user documentation as online help in German language together with the software.
  • If RISSC develops additional modules, language versions and/or new functionalities of the software during the term of the contract, it may, at its own discretion, include these in the standard of the software and make them available to the customer (e.g. within the scope of a regular update) without additional remuneration or offer them separately to the customer against a corresponding increase in the user fee within the scope of new editions or additional packages that can be booked. The customer has no claim to free provision of such newly developed modules, language versions or functionalities.
  • RISSC provides the Customer with storage space in an external data center for the storage of its transaction data processed with the Software (hosting) during the contract term. The storage of the data takes place over the period of time applicable to the software edition selected by the customer and namely on external servers operated by a third party on behalf of RISSC. The costs for the storage of the transaction data are compensated with the uniform usage fee. The customer is not entitled to transfer the storage space to a third party for use, in whole or in part, against payment or free of charge.
  • RISSC is entitled to provide the contractually agreed services through third parties as subcontractors, in particular RISSC makes use of the external computer centre in which the software is kept for use and the transaction data of the customer is stored.
  • As part of the continuous improvement and further development of the software, new functions and services may be added, changed or omitted during the term of the contract, provided that this does not lead to any significant restriction of the contractually agreed services, the achievement of the purpose of the contract is not jeopardised by this and the adjustment is reasonable for the customer.

§ 5 Granting of rights of use

  • The copyrights and other industrial property rights to the software including the user documentation are exclusively entitled to RISSC in relation to the customer. The customer receives only the simple rights of use to the software described in more detail below.
  • The customer receives the non-exclusive, non-transferable and non-sublicensable right to use the software for its own business purposes for the duration of the contract. The software may be used by the customer exclusively for the contractual purpose; the intended use of the software results in detail from the corresponding description of the purposes of use on the RISSC website. Any use of the software beyond the intended use is not permitted.
  • The customer is not entitled to use the software for the business purposes of third parties or to have third parties use it for him or to make it accessible to third parties. Excluded from this are third parties who are entrusted with activities within the scope of the execution of the customer's transactions by written order of the customer.
  • The transaction data belong to the Client, who grants RISSC all rights to the data transmitted by him that are necessary for the fulfilment of the contract, in particular for the storage and processing of his transaction data. Furthermore, RISSC receives from the client the right to evaluate the transaction data processed with the software anonymously for analysis and benchmarking purposes and to combine, duplicate and process them with other data for this purpose. In doing so, RISSC ensures that the customer is not (even indirectly) identifiable to third parties in the event of any publication of the results. Any other use of the data by RISSC or disclosure of non-anonymized data to third parties is not permitted.

§ 6 Services

RISSC shall provide during the term of this Agreement the Services described in more detail in this Section 6 and covered by the Uniform Transaction-Based User Fee, unless otherwise specified below:

  • RISSC will make the software available to the customer ready for use and maintain it during the contract term. During the contract period, generally released updates of the software will be made available to the customer centrally by RISSC.
  • For questions regarding the application and use of the software, the customer has access to online help in the customer portal during the term of his contract. In the event of malfunctions and errors that prevent the use of the software in whole or in part, the customer can contact the service e-mail address support@rissc.com or open a ticket in the support portal. If the customer uses the Enterprise Edition of the software, a hotline is also available to the customer in the event of faults and errors that prevent use.
  • The customer will describe any malfunctions and errors of the software in such detail that they can be reproduced and retraced by RISSC. Correctly reported errors will be repaired by RISSC within the scope of its obligation to repair in accordance with § 8 and the provisions of the SLA in Appendix B.
  • At the customer's request, RISSC provides optional consulting and support services for the introduction and use of the software, such as configuration support, training of the customer's employees or commissioning support. This also includes the individual provision of all stored transaction data in a form specified by the customer. These services are provided at the request of the customer and are invoiced to the customer separately according to the respective valid annual price list of the RISSC training conditions of RISSC.

§ 7 Responsibility and participation of the customer

  • The customer shall provide all cooperation services required for the use of the software, in particular the services listed and described in detail in this § 7 and in the appendices.
  • The customer is responsible for ensuring that the minimum technical requirements for the hardware and software used by him as well as his internet connection, which are necessary for the contractual claim and use of the software and which are described by RISSC in Appendix A, are fulfilled The customer himself is responsible for obtaining a suitable internet browser with which the software can be accessed. The customer may not use any software or other technical equipment that could jeopardize the functioning of the software. In particular, the customer is not permitted to access the software and its transaction data by any technical means other than those listed in Appendix A.
  • The customer agrees not to store any content on the storage space whose transmission, storage or use violates applicable law or agreements with third parties (e.g. for confidentiality). The customer will not manipulate the software and will not store any data on RISSC's servers that damage or endanger the software, the servers, the other IT infrastructure or data of other customers. Furthermore, he will not steal the data of other customers and will not load the provided storage space with unusually large amounts of data that are not necessary for the processing of his transactions.
  • The Customer bears sole responsibility for compliance with all legal requirements for its transaction processing and the storage, retention and archiving of its This also includes compliance with the general retention periods under commercial and tax law as well as any applicable specific (e.g. industry-dependent) retention obligations and periods (e.g. for certain environmental data). Within the scope of his duty to mitigate damages, the customer shall take reasonable precautions in the event of a loss of data, in particular by regularly checking his own IT systems and regularly making backup copies of his transaction data processed with the software via the export function provided by RISSC for this purpose.
  • Expenses incurred by RISSC due to the omitted, delayed or improper cooperation of the customer, in particular due to the use of outdated or faulty interfaces, incorrect handling of the software, faulty, incomplete, contradictory, outdated data or data that does not meet the requirements of RISSC or delays in deadlines on the part of the customer, will be invoiced to the customer separately according to expenditure in accordance with the respectively valid annual price list of RISSC. Further rights of RISSC remain unaffected by this.

 8 Warranty

  • RISSC does not assume any warranty for the results and outputs achieved with the software, in particular their topicality, correctness, quality and completeness, insofar as these are based on the Client's entries. The transaction data entered by the client are neither checked by RISSC nor by the software for their correctness in terms of content or
  • RISSC warrants that the software conforms to the product description on the website rissc.com and the user documentation and that it is free from third party intellectual property rights that prevent or restrict the contractual use of the software. Claims can only be asserted by the customer due to defects that are reproducible or can be comprehensibly described by the customer. In particular, functional impairments of the software resulting from the customer's hardware or software environment, faulty data, improper use or other circumstances originating from the customer's area of responsibility do not constitute a defect. RISSC does not assume any warranty for connections of the software to the customer's systems that were not created by RISSC.
  • Duly notified defects of the Software will be repaired by RISSC during the term of this Agreement within the scope of the maintenance and repair obligations covered by the user fee within a reasonable period of time and in accordance with the SLA in Appendix B.
  • The customer may only assert the right of termination according to § 543 para. 2 no. 1 BGB (German Civil Code) under the condition that he has previously requested RISSC in writing to provide subsequent performance within a reasonable period of at least two weeks, and that the period has expired unsuccessfully.
  • RISSC will only pay damages and compensation for futile expenses within the limits of the 9th paragraph of the German Civil Code.

§ 9 Liability

  • If RISSC provides services to the customer without payment, e.g. the provision of the software during a free test phase, RISSC is only liable for intentional and grossly negligent breach of contract.
  • Contrary to the legal regulation of 536a BGB, RISSC is only liable for defects of the software that were already present at the time of the conclusion of the contract, if RISSC is responsible for such defects.
  • In all other respects, RISSC will pay damages and compensation for futile expenses, regardless of the legal reason (e.g. breach of contractual duty, tort), only to the following extent:
    • in the event of malice, intent and gross negligence in the full amount;
    • in cases of ordinary negligence only in the event of a breach of a material contractual obligation (if none of the cases of unlimited liability set out in this § 9 applies), the fulfilment of which is a prerequisite for the proper performance of the contract and on the observance of which the customer may regularly rely (so-called cardinal obligation) and only in the amount of the damage typically foreseeable at the time of the conclusion of the contract, but up to a maximum of ten times the net amount paid for the usage fee in the last two months prior to the occurrence of the damage.
  • Except in the case of intent or gross negligence and unless it is a cardinal obligation on the part of RISSC, RISSC is liable in the case of data loss only for the damage that would have occurred even if the customer had properly and risk-adequately backed up the data, limited to the net amount paid for the usage fee in the last twelve months before the damage occurred.

§ 10 Confidentiality; access data; data protection

  • The contracting parties mutually undertake to treat confidential RISSC information and documents of the other contracting party, which are either obviously to be regarded as confidential or are designated as confidential by the other contracting party, as business and trade secrets of RISSC and not to pass them on to unauthorized third parties.
  • The software may only be used by employees of the customer as well as the customer by the customer Such third parties are to be obligated in writing to maintain secrecy prior to access to the software by the customer. The customer may not allow other third parties to use the software and access the cloud interface either directly or indirectly.
  • The customer is prohibited from disclosing his personal access data to the customer account to the cloud interface of the software to unauthorized third parties. All access data must be kept protected so that third parties cannot access them. The customer shall notify RISSC immediately if there is any suspicion that unauthorized third parties may have gained knowledge of them. If there is a suspicion that unauthorized third parties have gained knowledge of the access data, RISSC is entitled to temporarily block the customer's access to his customer account or to the cloud interface of the software.
  • RISSC uses an external data center data center operator to fulfill its contractual obligations. The customer has no claim to the involvement and use of a specific data center operator. However, RISSC will always ensure that the data centers used are located within the EU and that - according to the information provided by the respective data center operator - a transfer of the customer's data to countries outside the EU does not take place. The browser connection to the data centre is SSL-encrypted. The security measures concerned in the external data centre include in particular physical security, logical security, operational security and data protection.
  • The customer processes and stores with the provided hardware and software only his own operational transaction data. As far as the data of the customer provided to RISSC have a personal reference, the customer as the responsible party is responsible for the compliance with the data protection regulations. The customer ensures that the relevant legal requirements for the transmission to and processing by RISSC are fulfilled. In this context, in order to ensure the possibilities of a full self-disclosure under data protection law according to the European Data Protection Regulation DGSVO by the end user, it is urgent to ensure that input fields are filled in a purpose-related manner and that no personal data, e.g. UserID, name, telephone number, email addresses, etc. are entered in free text fields (e.g. comment fields). Insofar as the customer processes personal data with the software, the customer will request from RISSC the Agreement on Order Processing (AVV), sign it and send it to the following address at RISSC: rissc solutions GmbH, Mathildenstrasse 10/1. 71638 Ludwigsburg, Germany. RISSC is entitled to pass on the data provided to the operator of the respective commissioned external data center for purposes of contract fulfillment.

11 Term and termination

  • Unless otherwise agreed, the contract shall have an initial term until the end of the month following the conclusion of the contract. It shall be extended thereafter by a further month in each case unless it is terminated by one of the contracting parties with a notice period of three (2) weeks before the expiry of the respective term.
  • An upgrade to a higher edition and/or an additional booking of additional packages is possible at any time with a changeover period of usually one to three months. A downgrade to a lower edition is possible at the end of the respective contract term and must be notified by the customer at least one working week before the end of the respective contract term. When the changeover takes effect, the remuneration level for subsequent transactions will be adjusted accordingly.
  • The right of both contractual partners to an extraordinary termination for good cause remains unaffected. Good cause exists for RISSC in particular if the customer is in default of payment of a substantial part of the remuneration or otherwise breaches material obligations under the contract. At its discretion, RISSC may, in the event of good cause, initially temporarily block the Client's access to the cloud interface of the Software as well as the Client's access to its transaction data and request the Client to remedy the breach of duty by setting a reasonable deadline for the performance of the contract. Further rights of RISSC remain unaffected by this.
  • Any notice of termination shall require the
  • RISSC is not obligated to store, archive and/or maintain the Client's data for access by the Client beyond the date of termination of this Agreement.

12 Remuneration and terms of payment

  • The contractual services are remunerated by means of a fixed basic fee plus a transaction-dependent usage fee (hereinafter collectively referred to as the "usage fee"). The transaction-dependent usage fee can be designed as a usage fee per individual transaction or staggered according to transaction blocks. The amount of the usage fee depends, on the one hand, on the software edition selected by the customer upon conclusion of the contract and the selected
  • The usage fee will be invoiced by RISSC monthly at the beginning of each calendar month for the previous month. The customer receives the invoice as a pdf document by e-mail to the e-mail address stored by him in his customer account.
  • RISSC has the right to adjust both the basic fee and the transaction-dependent user fee by giving notice in writing or by e-mail with six weeks' notice to the end of the calendar year in accordance with the general price development (taking into account the development of the consumer price index, www.destatis.de). Such an adjustment may not exceed the aforementioned fee portions of the preceding calendar year by more than 10%. Insofar as the usage fee is increased by more than 5%, the customer may terminate the contract in writing with four weeks' notice to the end of the calendar year.
  • Services that the client has to pay for separately according to time and effort will be invoiced monthly at the beginning of the following month. In the absence of a deviating agreement in the individual case, the hourly rates of the respective current annual price list of RISSC apply. Travel times for on-site assignments of RISSC employees are recorded separately as working times and invoiced to the client according to expenditure. Travel costs and travel expenses will be invoiced additionally in the amount actually incurred.
  • All remuneration components are subject to the addition of the respective applicable statutory payments to be made by the customer within 14 calendar days of the invoice date without deduction. Objections against the invoice can only be asserted by the customer in writing within 14 calendar days from the date of the invoice, stating the reasons.
  • If the customer is in default with the payment of the remuneration, RISSC is entitled, after prior reminder and setting of a reasonable grace period (under threat of otherwise taking place blocking), to block the customer's access to the cloud interface of the software and the customer's access to his transaction data until the complete settlement of all open and due invoices Further rights of RISSC due to the default of payment (in particular to an extraordinary termination of the contract) remain unaffected.

§ 13 Final provisions

  • If the client agrees to be named as a reference client, RISSC is entitled to publish logos, trademarks and names of the client in reference lists and professional articles (in print and online format), if necessary in connection with statements coordinated in terms of content (e.g. press releases). This consent may be revoked at any time in writing or by e-mail to info@rissc.com Changes and additions to the contract must be made in writing in order to be effective. The revocation of this written form requirement also requires the transmission by fax (but not by e-mail, unless otherwise specified in this contract).
  • Should any provision of this contract be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. The invalid or unenforceable provision shall be replaced by the contracting parties by mutual agreement with a provision that is as economically equivalent as possible.
  • The customer may transfer the rights and obligations under this contract to a third party only with the prior written consent of RISSC.
  • RISSC naturally complies with the requirements of the German Minimum Wage Act (MiLoG) and undertakes vis-à-vis its customers to pass on these obligations to its subcontractors and, if necessary, to provide evidence of compliance with them.
  • This agreement shall be governed exclusively by the laws of the Federal Republic of Germany to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The exclusive place of jurisdiction for all disputes arising from this contractual relationship is
Annex A - Technical requirements

The following technical requirements must be met or created by the customer for the use of the software and maintained during the term of the contract:

1. supported browsers

To access the user interface of the software, we recommend using the following browsers:

  • Mozilla Firefox,
  • Google Chrome,
  • Microsoft Edge or
  • Apple Safari

in the latest version. Generally, browser versions that are no longer supported by the browser manufacturer are not supported.

JavaScript execution must be enabled in the configuration.

2. monitor resolution

The user interface of the software in the backend requires a minimum monitor resolution of 1920 x 1080 pixels (HD format).

With lower resolutions, complete operability, e.g. due to non-display of control elements, cannot be guaranteed.

3. internet connection

A sufficient working speed is influenced by many factors. In addition to the infrastructure used (fixed network/mobile) for accessing the Internet, the volume of data transmitted in each case and the complexity of the software, e.g. simultaneous system access by different users, are also influential parameters. A general minimum requirement for the bandwidth of an Internet connection can therefore hardly be defined.

4. password policy

For security reasons, each user of the software must choose a password that meets the usual security criteria. Corresponding sets of rules are specified by the software when setting the password. The conscious handling of personal and security-relevant information is the responsibility of each individual user.

Multiple unsuccessful attempts to guess the password will result in the user account being blocked.

Appendix B - Service Level Agreement (SLA)

This SLA regulates the availability and fault handling of the software.

A. Service hours

Service hours are Monday through Friday between 8:30 a.m. and 4:30 p.m., excluding legal or company holidays, and December 24 and 31 of each year.

In the Enterprise Edition, the service times can be extended by adding a corresponding additional package.

B. Availability

RISSC guarantees an availability of the Software (including the access to the transaction data stored by the Client) at the exit of the data center commissioned by RISSC of 99% in the calendar year average. Non-availability is to be assumed if the software is not available to the customer due to circumstances for which RISSC is responsible. In particular, unavailability is not to be assumed if the software is not available to the customer due to

  • incorrect operation or use by the customer contrary to the terms of the contract,
  • planned and announced maintenance work,
  • technical problems beyond the control of RISSC, or
  • force majeure unavailable

RISSC will perform scheduled maintenance outside of service hours, if possible, and will schedule and email the customer with sufficient notice to minimize disruption to the customer. The total duration of planned maintenance work shall not exceed 10 hours per month.

RISSC may temporarily restrict the access of the customer, if the security of the network operation, the maintenance of the network integrity, the avoidance of serious disturbances of the network, the software and/or the stored customer data require this. In case of such a decision, RISSC will give due consideration to the legitimate interests of the customer, inform the customer immediately about the measures taken and do everything reasonable to lift the access restriction as soon as possible.

C. Troubleshooting Communication

The entire communication during the fault processing takes place between the customer administrator (user role "Admin") or his deputy (as single point of contact on the customer's side) and the RISSC support team, which can be reached via the ticket system.

In the Enterprise Edition, the customer administrator also has access to the telephone service hotline. The same conditions regarding service times and service level apply to the service hotline as to the service e-mail.

service level

RISSC assigns a service level to each reported fault. This is defined by the severity and urgency of the respective effects. An individual and non-automated reaction to a malfunction report takes place within the service time.

Fault class

target resolution time after reaction

Description

1

8 hours (within service time)

Total failure, inaccessibility

2

2 RISSC business days

Failure of partial functions

3

1 business week

limited usability

e.g. addresses cannot be maintained

4

upon notice

slightly limited operability

e.g. wrong colouring or labelling

If the customer's fault report is made outside the service times, the measurement of the response and resolution times shall begin at the start of the service time of the next working day. If the customer's fault message occurs within the service times, any remaining response or remaining resolution time not yet expired at the end of that day's service time shall continue to run from the start of the next working day's service time.

Faults may only be reported to RISSC by the customer's authorized contact person (admin or his deputy); this person acts as the single point of contact for RISSC. The customer's contact person must be qualified and familiar with the software.

The parties will assign duly reported faults to one of the described fault classes by mutual agreement. In the event that the parties cannot agree on a fault class, the binding classification will be made by RISSC with due consideration of the interests of the Customer.

The target resolution times do not start before the customer has properly and completely reported the failure (see below) and provided RISSC with all necessary and useful documents, information and data related to the failure that enable RISSC to analyze and reproduce the reported failure. Periods during which RISSC is prevented from providing support services for reasons beyond its own responsibility and/or during which RISSC is waiting for the customer to provide necessary cooperation services (see below) or to make necessary decisions are not taken into account when calculating the target resolution times.

Complete fault message

 

A malfunction report must be complete. The following lists the required information that must be transmitted if available and relevant.

In the subject of the email:

  • Customer name and
  • Keywords of Disturbance.

In the text of the e-mail, a short, concise description of the fault is expected with the following details:

  • A screenshot with the complete Important points should be marked.
  • Exact time of occurrence of the fault in case of multiple or continuous occurrences
    • First occurrence of the fault
    • Frequency of the disturbance
  • Fault sequence
    • Step by step description
    • Expected (normal) behaviour
  • Examples with associated e.g. UserID, DraftID, TemplateID, etc.

When reporting via the ticket system, it is sufficient to fill out the form completely. Please also attach all relevant files and examples here!

Duty to cooperate

In order to minimize the effects of disruptions, the customer has the following obligations:

  • The customer creates and maintains contingency plans for various incident scenarios.
  • The customer maintains master data and ensures that it is always complete and correct and does not contain any logical inconsistencies.
  • The customer ensures that all entries into the applications are complete and correct, and that there are no logical inconsistencies.
  • The customer reports any faults that occur immediately to the service e-mail.
  • The customer supports RISSC in troubleshooting and analysis within the scope of the