Contract terms
1. Object
Exxas Cloud and the General Terms and Conditions (GTC) of Exxas AG (hereinafter Exxas) supplement these contractual provisions and are considered an integral part of the contract.
2. Services
2.1 General
For the duration of this contract, Exxas provides the customer with the latest version of the Exxas software solution for use via the Internet for a fee. For this purpose, Exxas stores the software on a server that can be reached by customers via the Internet.
After further development, the current range of functions of the software is derived from the service description on the website www.exxas.net.
Exxas constantly monitors the functionality of the software and immediately fixes all software errors in accordance with the technical possibilities. In particular, an error exists if the software, which does not fulfill the functions specified in the service description, delivers incorrect results, interrupts the run in an uncontrolled manner or does not function properly in any other way, so that the use of the software is impossible or restricted.
Exxas is constantly developing the software and will improve it through ongoing updates and upgrades.
Within the limits of its operational resources, Exxas strives to provide the service without interruption and without interruption. Maintenance work, troubleshooting, updates, upgrades, etc. may require temporary business interruptions.
2.2 Rights to use the software
Exxas grants the customer the non-exclusive and non-transferable right to use the software specified in this contract for the duration of the contract.
The customer may not reproduce, edit or manipulate the software. The customer is not entitled to make this software available to third parties for use in return or free of charge. The customer is therefore expressly prohibited from renting out the software.
2.3 Retention of data
Exxas provides the customer with a defined storage space on a server to store their data. If there is no longer sufficient storage space to store the data, Exxas will inform the customer in good time and, if the order is made, will make additional storage space available as soon as possible. If the storage space is exhausted, no more data is stored.
Exxas ensures that the stored data is accessible via the Internet.
The customer is not entitled to transfer this storage space to a third party in part or in full, for a fee or free of charge.
The customer undertakes not to store any content on the storage space whose provision, publication and use violates applicable laws or agreements with third parties.
Exxas is required to take appropriate precautions against data loss and to prevent unauthorized access by third parties to the customer's data. For this purpose, Exxas will make daily backups, check the customer's data for viruses, and install firewalls.
In any case, the customer remains the sole owner of the data and can therefore demand that Exxas provide individual or all data at any time, in particular after termination of the contract, without Exxas having any right of retention. At the customer's option, the data will be released either by handing over data carriers or by sending it via a data network. The customer is also not entitled to receive the software suitable for using the data.
2.4 Support and customer service
The contract includes technical support/customer service. Exxas will answer inquiries (by e-mail or telephone) from the customer in the event of technical problems within the business hours published on the website www.exxas.net by telephone or in writing as soon as possible after receipt of the respective request. Application support, software configuration and customization assistance, or software training is not included in the contract and will be billed separately at the current hourly rate.
3. Customer obligations
The customer must pay the prices set out in the contract (hereinafter contract fees) for the agreed services. All prices and contract fees are exclusive of value added tax and any other charges.
The contract fees are invoiced annually in advance or, optionally, monthly with a price premium. Exxas submits due claims via invoice. Invoices are payable net within 30 days.
The customer is obliged to prevent unauthorized access to the software by third parties by taking appropriate measures. For this purpose, the customer will, if necessary, inform his employees of compliance with copyright law. In particular, the customer will ask his employees not to make any unauthorized copies of the software.
The customer is responsible for entering and maintaining the data and information required to use the Exxas software, without prejudice to Exxas' obligation to back up data.
The customer is obliged to check his data and information for viruses or other harmful components before entering them and to use state-of-the-art virus protection programs for this purpose.
The customer is required to change the password for the first user (administrator) to use the Exxas software immediately after delivery by Exxas.
4. Warranty and availability
Exxas guarantees the functionality and operational readiness of the Exxas software (hereinafter service). As part of its operational resources, Exxas strives to provide its services without disruption and interruption.
The availability of the service (service level agreement; SLA) is expressed as a percentage and describes the length of time that the service is available on a monthly basis. It is calculated as follows:
- (number of days per month x 24h planned interruptions) x (guaranteed availability in percent)
Exxas guarantees 98% availability for the service. Planned interruptions for maintenance, updates, etc. are excluded. If the guaranteed availability is not met, the customer can claim back the contract fee for the month in question.
Exxas continuously backs up the databases on a transaction-based basis. The databases are also fully backed up twice a day at around 12:00 and 24:00. The transaction-based backups and full backups are kept for 14 days. The full backups are stored in geo-redundant data centers in Switzerland. If the transaction-based backups are sufficient, data or states can be restored down to the second. If transaction-based backups are insufficient or not available, a maximum loss of data stored in the last 12 hours is possible.
The files stored in Exxas (documents such as PDF, Word, etc.) are constantly backed up in two georedundant data centers in Switzerland and transferred to another data center every day at 23:00 p.m. The files completely deleted in Exxas are stored in the two geo-redundant data centers for 30 days. If these georedundantly stored files are not sufficient or not available, a maximum loss of the files saved in the last 24 hours is possible.
5. Contract duration and amendment
The contract between Exxas and the customer comes into force with a written order. A written order includes an e-mail without a special form or the signing of the offer.
The contract is valid for one year and is automatically extended for the agreed contract period, unless it is terminated with a notice period of 3 months at the end of the agreed contract period.
The right to extraordinary termination for important reasons is reserved at any time.
6. Further provisions
These contractual provisions, together with the General Terms and Conditions (GTC) of Exxas, are considered to be integral parts of the contract
