Allgemeine Geschäftsbedingungen der EasyHood eG

1.1. These General Terms and Conditions (hereinafter referred to as 'GTC') of EasyHood eG (hereinafter referred to as 'Provider') apply exclusively to all contracts with customers; the Provider does not recognize any conflicting or deviating conditions of the customer, unless he has expressly agreed to their validity in writing. These GTC also apply if the Provider executes the delivery to the customer without reservation, despite being aware of conflicting or deviating conditions from these GTC.

1.2. The Special Conditions under Section B are also subject to these GTC.

1.3. The complete imprint details of the Provider can be accessed at: https://easy-hood.info/impressum/

1.4. These GTC apply only to entrepreneurs, i.e., a natural or legal person or a legal partnership capable of holding rights, who acts in the conclusion of a legal transaction in the exercise of their commercial or independent professional activity.

1.5. The Provider only provides its services to customers based in Germany.

1.6. The contract for the processing of personal data on behalf according to Art. 28 GDPR enclosed in the annex is also subject to these GTC.

2.1.1. The scope of services to be provided by the provider is determined exclusively by the provider's offer (e.g. cost estimate or service description) to the customer. If no offer from the provider is available, the scope of services is based on the customer's request and possibly the provider's order confirmation.

2.1.2. Changes, extensions, and additions to the aforementioned defined scope of services will only be owed by the provider if they have been agreed upon in written form beforehand.

2.1.3. The provider is entitled to have partial services or the entire service provided by suitable third parties.

2.1.4. Unless expressly agreed upon in writing, the provider does not owe the customer legal advice regarding the legal permissibility of using certain IT systems in the customer's company. Compliance checks are to be carried out by the customer in case of doubt, at their own responsibility and expense.

2.2. Support Services

The customer, if this is part of the contract under Section 2.1.1, will receive advice and support in case of support according to this Section A and the special provisions of Section B.

2.3. Rental of IT Systems

The customer, if this is part of the contract under Section 2.1.1, rents IT systems according to this Section A and the special provisions of Section C.

2.4. Sale of Hardware and Software

The provider sells hardware or software to the customer.

2.5. Managed Services

The provider provides Managed Services as detailed in the offer and service description.

3.1. The provider will transfer to the customer, with the settlement of all invoices related to the order, all necessary rights of use for the use of his works and services to the extent agreed upon for the order.

3.2. Rights of use for works that have not been fully paid for at the termination of the contract remain, subject to other agreements made, with the provider.

3.3. The drafts, representations, as well as the clean copies may not be altered without the express consent of the provider, neither in the original nor in reproduction, unless there is a mandatory legal provision or case law to the contrary. Any complete or partial imitation is prohibited.

3.4. The transfer of usage rights from the customer to third parties or any other use by the customer requires the prior written consent of the provider.

3.5. The mandatory moral rights of the author remain unaffected, especially the right to recognition of authorship and to naming of the author in the usual form according to § 13 Copyright Act.

3.6. The provider has the right to publish the customer on their own reference list on the website or other promotional materials, mentioning the company name and logo, as well as screenshots of the website and changes in visibility trends and other KPIs that serve to illustrate success. There is no obligation to be included in the reference list. The customer hereby transfers to the provider the necessary simple usage rights.

4.1. Customer's Obligations to Cooperate
4.1.1. The customer is obligated to provide truthful information regarding their master data. In particular, a valid email address must be provided through which the contract text and contract-relevant information can be sent to them. If the customer's email address changes during an existing business relationship, the customer must promptly notify the provider of this change.

4.1.2. If the customer uses the registration in the support area, they will receive individual access data consisting of their email address and a secret password. The customer is obligated to keep this password confidential and not disclose it to any unauthorized third party.

4.1.3. The customer shall provide the provider with all necessary documents and information free of charge for the fulfillment of the contract.

4.1.4. The customer shall ensure that the provider has the necessary technical access to relevant operating systems, machinery, etc.

4.1.5. The customer shall provide the provider with documentation on the network and infrastructure.

4.1.6. The customer shall provide a VPN connection to the provider and maintain it until the end of the contract.

4.1.7. The customer shall ensure that the required bandwidth is available in the VPN connection according to the provider's specifications.

4.1.8. The customer shall inform the provider in a timely manner - at least 7 working days in advance - about planned changes, interventions, or similar measures on the managed servers.

4.1.9. The customer shall designate a fixed contact person for communication and provide a valid email address.

4.1.10. The customer agrees to the installation of monitoring software on their IT systems.

4.1.11. The customer agrees to the installation of update software on their IT systems, e.g., Windows Server Update Services, and provides the necessary system resources for this purpose.

4.1.12. The customer shall ensure that the respective software requirements are met (e.g., current versions of the client operating system on the clients).

4.1.13. The customer shall ensure that backups or data backups can be paused within maintenance windows and that a server restart is possible.

4.1.14. The customer shall not make any changes to their IT systems within the defined maintenance windows.

4.2. Customer's Acceptance Obligations
4.2.1. If the provider owes the creation of a work, the customer is obligated to accept the work created in accordance with the contract.

4.2.2. If the provider notifies the customer of the completion of the work and sets a reasonable deadline for acceptance, the work is considered accepted if the customer does not declare acceptance within the deadline, even though they are obligated to accept it.

4.2.3. An implicit acceptance occurs when the customer uses or makes parts of the completed work available for productive use and/or public access.

4.2.4. Refusal of acceptance must be communicated in writing to the provider.

4.2.5. In case of refusal of acceptance, the reasons for refusing acceptance must be described in such detail that it enables the provider to identify and potentially rectify the defect.

5.1. All mentioned availability dates, delivery dates, and deadlines are non-binding unless they have been expressly agreed upon in writing.

5.2. If the performance of the provider requires or is agreed upon the customer's participation, the delivery time will be extended by the time the customer has not fulfilled this obligation. The following reasons for delays will extend the delivery or performance deadline accordingly:

5.2.1. Changes in customer requirements;

5.2.2. Insufficient conditions in the application environment (hardware or software deficiencies) that were not known to the provider or should have been known;

5.2.3. Issues with third-party products (e.g., software from other IT manufacturers);

5.2.4. Delayed delivery of content, such as text or images, by the customer.

5.3. If changes or additions requested by the customer are not of minor scope, deadlines and timeframes related to the original contract object lose their validity.

5.4. The provider performs planned maintenance work within the maintenance windows specified below.

5.4.1. Planned maintenance work, where no complete service interruption is expected but there is a higher risk due to application criticality or seasonal business peaks, will be carried out every Thursday of the month from 6:00 PM to 11:00 PM. During this time window, there may be short-term service restrictions or outages.

5.4.2. Planned maintenance work, where service interruptions are expected but become necessary due to application criticality or seasonal business peaks, will take place every Sunday of the month from 8:00 AM to 12:00 PM. During these maintenance windows, temporary service outages may occur. The customer will be extensively informed at least 5 working days before the planned maintenance.

5.5. Individual maintenance windows are to be agreed upon by the parties to meet the specific needs and requirements of the customer.

6.1. The goods will be delivered to the shipping address provided by the customer or can be picked up in person, if not otherwise agreed. The delivery address specified by the customer during the ordering process is decisive for shipping.

6.2. If the customer wishes to pick up the goods, they must inform the provider of the desired pickup time (day and time). Pickup is only possible during regular office hours from Monday to Friday. A binding pickup appointment is only confirmed by the provider once the customer's requested time is accepted.

6.3. The provider has the discretion to choose the transport person, shipping method, and packaging.

6.4. Unless otherwise stated for the item, the non-binding delivery period is two weeks from the conclusion of the contract.

6.5. The provider is entitled to make partial deliveries if this is reasonable for the customer. In the case of permissible partial deliveries, the provider is also entitled to issue partial invoices.

6.6. The provider reserves the right to withdraw from the contract in case of incorrect or improper self-supply. This only applies if the non-delivery is not attributable to the provider and if they have concluded a specific cover transaction with the supplier with due diligence. The provider will make every reasonable effort to procure the goods. In case of unavailability or only partial availability of the goods, the customer will be promptly informed and any consideration will be refunded without delay.

6.7. The risk of accidental loss and deterioration of the sold goods passes to the customer as soon as the provider has handed over the item to the carrier, freight forwarder, or any other person or institution designated to carry out shipment. This also applies if the provider bears the transportation costs. Transport insurance is only provided upon special request and at the customer's expense.

7.1. The respective offer prices of the provider apply.

7.2. All prices are subject to the statutory value-added tax at the time of service provision.

7.3. Shipping costs, installation, training, maintenance, care, and other ancillary services are not included in the price, unless included in the provider's offer.

7.4. Travel expenses and expenses for trips necessary for the fulfillment of this contract and approved by the customer will be reimbursed to the provider by the customer.

7.5. Additional services not included in the offer are to be remunerated separately. This applies in particular to additional work due to:

7.5.1. necessary and reasonable use of third-party services;

7.5.2. commissioned testing and/or research services;

7.5.3. services provided outside of regular business hours at the express request of the customer;

7.5.4. repetition or significant delay in work due to incorrect, subsequently corrected, or incomplete information provided by the customer.

7.6. Any additional work will be notified to the customer in advance. Unless another method of billing has been agreed upon, the additional work will be billed based on time spent and the provider's hourly rate, which is visible in the current price list. For every 15 minutes of work, ¼ of the hourly rate will be charged. An itemized breakdown of hours will be attached to the invoice.

7.7. In case of a significant change in the provider's contractual obligations for the purpose of adapting to the customer's needs, the provider may invoice the customer for the necessary additional work. A significant change usually occurs when the basic concept created according to the customer's specifications is no longer the subject of the requested changes, but rather when the changes are so extensive that a new basic concept must be created. A significant change also includes situations where a comprehensive examination is required before determining whether and under what conditions the change or extension can be implemented. The provider must notify the customer in advance of any increase in price compared to the price specified in the offer.

7.8. If billing is based on a specific time contingent, the customer acquires the right to have services provided by the provider up to the amount of the time contingent purchased by the customer. The provider bills its contractual services based on time spent and offsets them against the contingent purchased by the customer.

7.9. For work and work delivery contracts, payment is due seven (7) days after acceptance and receipt of the invoice for payment. For other contracts, payment is due seven (7) days after receipt of the invoice for payment. Default occurs 14 days after payment is due.

7.10. For contracts with a duration, the customer is required to make advance payments. Payment is due monthly in advance unless otherwise agreed upon.

7.11. For contracts with a duration, the provider is entitled to increase compensation for services for the first time after twelve (12) months from contract commencement and at most once a year with a notice period of two (2) months based on cost developments incurred by the provider. The provider may also pass on additional cost increases for third-party services unless caused by the provider itself. If compensation increases by more than five (5) %, the customer has the right to terminate the contract with immediate effect at any time within six (6) weeks after receiving notice of increase becoming effective. In case of corresponding cost reductions, after twelve (12) months have passed, customers may also request a corresponding reduction in compensation. Notification of a price adjustment will be sent via email to customers' email addresses.

8.1. Warranty for Defects

8.1.1. If the purchased item is defective, the provisions of statutory warranty apply unless the following provisions deviate from them:

8.1.2. The customer must report obvious defects within seven (7) working days after receiving the goods. Non-obvious defects must be reported by the customer within two (2) weeks after discovery. If the customer is a merchant within the meaning of § 1 HGB, he must also comply with the statutory inspection and complaint obligations (§ 377 HGB). If the commercial customer fails to fulfill the notification obligations regulated there, the goods are deemed approved.

8.1.3. Claims for defects do not arise from normal wear and tear or damage resulting from incorrect or negligent handling, excessive stress, unsuitable operating materials, or due to special external influences that were not assumed under the contract. If improper alterations or repairs are made by the customer or third parties, there are also no claims for defects arising from these actions unless the customer can prove that the reported malfunction was not caused by these alterations or repairs.

8.1.4. Minor or insignificant technical changes as well as immaterial deviations in terms of color, material thickness, and execution of the goods do not constitute a deviation from the agreed quality.

8.1.5. In case of subsequent performance due to defects, the provider has the choice between rectification or replacement delivery.

8.1.6. If a replacement delivery is made within the scope of liability for defects, the limitation period does not start anew.

8.1.7. If subsequent performance is carried out by means of replacement delivery, the customer is obliged to return the initially delivered goods to the provider within 30 days. The return package must include the reason for return, customer name, and the number assigned for purchasing the defective goods, enabling the provider to allocate the returned goods. As long as and to the extent that allocation of the return is not possible due to reasons attributable to the customer, the provider is not obliged to accept returned goods and refund the purchase price. The cost of reshipment is borne by the customer.

8.1.8. If the provider delivers a defect-free item for the purpose of subsequent performance, the provider may claim compensation for use from the customer in accordance with § 346 para. 1 BGB. Other statutory claims remain unaffected.

8.1.9. The assertion of warranty rights by the customer does not affect the provider's claim for purchase price.

8.1.10. Claims by customers for necessary expenses incurred for subsequent performance, in particular transport, travel, labor, and material costs, are excluded if these expenses increase because the goods delivered by the provider have subsequently been taken to a location other than the customer's branch office unless such relocation corresponds to their intended use.

8.1.11. Claims by customers for reimbursement of necessary expenses for removing or dismantling defective goods and installing or attaching repaired or defect-free goods are excluded.

8.1.12. Recourse claims by customers against the provider exist only to the extent that no agreements beyond legally mandatory defect claims have been made with their buyer.

8.1.13. For new goods, the limitation period for defect claims is one year from delivery of the goods. For used goods, rights and claims due to defects are excluded.

8.1.14. The above liability limitations and limitation period reductions do not apply
• to items that have been used for a building in accordance with their usual purpose and have caused its defectiveness,
• for customer claims for damages,
• in case that the provider has fraudulently concealed a defect, as well as
• for recourse claims according to § 445a BGB.

8.2. Liability
8.2.1. The provider shall be liable to customers for all contractual, quasi-contractual and legal claims for damages and reimbursement of expenses as follows:

8.2.2. The provider shall be liable without limitation on any legal grounds

8.2.2.1. in cases of intent or gross negligence,

8.2.2.2. in cases of intentional or negligent injury to life, body or health,

8.2.2.3. due to a guarantee promise unless otherwise regulated in this regard,

8.2.2.4. due to mandatory liability such as under product liability law.

8.2.3. If the provider negligently breaches a material contractual obligation, liability is limited to typical foreseeable damages unless unlimited liability applies according to the above clause.

8.2.4. Otherwise, liability of the provider is excluded.

8.2.5. The above liability provisions also apply with regard to liability of the provider for its vicarious agents and legal representatives.

8.3. Warranty
8.3.1. If the manufacturer of contract products provides a warranty, the provider will pass this on to customers. In these cases, a warranty card is enclosed with the products which must be signed by customers and returned to the provider obligatorily . The scope of any granted warranty can be found on manufacturer's warranty card.

8.3.2. To assert warranty claims, in case of occurrence of errors/defects covered by warranty, customers will directly contact manufacturer following manufacturer's warranty terms especially regarding integrity of contractual hardware, reporting method etc.

8.3.3. In case mentioned in Clause 8 .3 .2 , customers will also inform provider about potential claim assertion and keep them updated on manufacturer's handling of warranty matters .

8 .3 .4 . The provider accepts manufacturer's warranty conditions against itself in such a way that firstly , limitation period for liability due to material and/or legal defects starts upon knowledge within warranty conditions and secondly , this period is suspended by examination , rectification , and replacement procedures by manufacturer until final completion of these efforts .

9.1. The customer's warranty claims against the providers in the event of the production of a work shall expire within one (1) year from the acceptance of the work by the customer or an event equivalent to acceptance, unless a case under § 634a para. 1 No. 2 BGB exists.

9.2. In case of data loss, the provider shall only be liable for the expenses that would have been necessary for the restoration of the data if proper and regular data backup had been carried out by the customer. This limitation does not apply if and to the extent that data backup is part of the services to be provided by the provider.

9.3. The customer must notify the provider in writing of obvious defects that would be readily noticeable to an average customer within two weeks after delivery. Otherwise, claims arising from these defects cannot be asserted.

9.4. Non-obvious defects must be reported by the customer to the provider in writing within two weeks after discovery. Otherwise, claims arising from these defects cannot be asserted.

9.5. The defects, especially the error messages encountered, must be described in detail to the best of one's ability (e.g., through error logs).

9.6. The acknowledgment of warranty claims always requires written form. § 305b BGB remains unaffected. The customer must assert warranty claims in written form to the provider.

9.7. Any further liability for damages beyond that provided in the preceding paragraphs is excluded, regardless of the legal nature of the claim asserted.

9.8. The above liability limitations do not apply:
9.8.1. for one's own intentional or grossly negligent breach of duty and intentional or grossly negligent breach of duty by legal representatives or vicarious agents;

9.8.2. for the violation of essential contractual obligations; essential contractual obligations are those that characterize the contract and on which the customer may rely;

9.8.3. in case of injury to body, life, and health also caused by legal representatives or vicarious agents;

9.8.4. In case of delay, if a fixed delivery and/or performance deadline was agreed;

9.8.5. In case of fraudulent concealment of a defect;

9.8.6. to the extent that the providers have assumed a guarantee for the quality of the work or the existence of a performance success or a procurement risk within the meaning of § 276 BGB;

9.8.7. in case of claims under product liability law;

9.8.8. for legally mandatory liability cases.

10.1. The provider is liable without limitation in accordance with statutory provisions for damages.

10.1.1. resulting from the violation of life, body, or health, based on intentional or negligent breach of duty or otherwise on intentional or negligent behavior of the provider or one of its legal representatives or agents;

10.1.2. due to the lack or loss of an assured characteristic or in case of non-compliance with a guarantee;

10.1.3. resulting from intentional or grossly negligent breach of duty or otherwise on intentional or grossly negligent behavior of the provider or one of its legal representatives or agents.

10.2. The provider is liable, limited to compensation for foreseeable damages typical for the contract, for damages resulting from a slightly negligent breach of essential duties by the provider or one of its legal representatives or agents. Essential duties are duties whose fulfillment enables the proper execution of the contract in general and on which the customer may rely.

10.3. The provider's liability for other cases of slightly negligent conduct is limited to six times the monthly rent per damage event.

10.4. The provider's liability without fault according to § 536a paragraph 1, 1st alternative BGB due to defects existing at the time of contract conclusion is excluded.

10.5. The provider is only liable for data loss caused by simple negligence for the damage that would have occurred even with proper and regular data backup appropriate to the importance of the data by the customer; this limitation does not apply if data backup was hindered or impossible for reasons attributable to the provider.

10.6. The above provisions also apply mutatis mutandis to the liability of the provider regarding reimbursement of futile expenses.

10.7. Liability under the Product Liability Act remains unaffected.

11.1. The provider is not liable for the accuracy of the factual statements about the products, services, or the customer's company contained in the advertising. If the customer is presented with templates intended for advertising measures for approval or authorization, the customer assumes responsibility for the accuracy of the text and images upon approval or authorization.

11.2. The provider is only liable for the expenses incurred in the event of data loss that would have been necessary for data recovery if proper and regular data backup had been carried out by the customer. This limitation does not apply if data backup is part of the services to be provided by the provider.

11.3. The statutory provisions apply to warranty claims, with claims by the customer against the provider for poor performance or defects in the execution of services expiring six months after the claim arises and knowledge or grossly negligent or intentional ignorance of the circumstances giving rise to the claim.

11.4. The provider and/or their vicarious agents and/or legal representatives are only liable for damages that are not personal injuries in cases of intent or gross negligence. Contractual and non-contractual liability for property and financial damages, loss of profit, and consequential damages on the part of the provider is excluded in cases of slight negligence, unless it concerns liability for breach of essential duties (cardinal obligations). Cardinal obligations are those obligations whose fulfillment enables the proper execution of the contract in general and on which the customer can regularly rely. In cases of slight negligent breach of a cardinal obligation, liability is limited to foreseeable damages typical for transactions of this nature, but in amount up to a maximum of the contract sum corresponding to the orders of the last year before becoming aware of the event causing the damage.

11.5. Otherwise, liability is excluded, with the exclusion of liability not applying in cases of damage to life, body, or health of a person, as well as for liability under product liability law.

11.6. As a service provider, the provider is not liable for damages arising from technical malfunctions or performance disruptions by the provider or other third parties.

12.1. The provider delivers goods exclusively under retention of title. Ownership of the goods only passes to the customer once they have settled all current and future liabilities from the contract and ongoing business relationships with the provider.

12.2. The customer shall store the reserved goods for the provider free of charge and is obliged to handle them with care, in particular to protect them from damage.

12.3. The customer is prohibited from transferring or pledging the reserved goods to third parties as security. In the event of an application for the opening of insolvency proceedings, seizures, or other third-party interventions regarding the reserved goods, the customer must immediately notify the provider in writing.

12.4. The customer is authorized to resell and/or process the reserved goods within the scope of proper business operations until revoked. The following conditions apply.

12.5. The retention of title extends to products resulting from the connection, mixing, or processing of the reserved goods to their full value. Connection, mixing, or processing of the reserved goods always takes place on behalf and on behalf of the provider. The provider is thus considered the manufacturer. If the reserved goods are processed or transformed or mixed with other objects, ownership by the provider in the item continues or the provider acquires ownership in proportion to the invoice values of the processed, mixed, or connected goods. Otherwise, the same applies to the resulting product as for the goods delivered under retention of title.

12.6. The customer hereby assigns to the provider any claims arising from the resale against the buyer up to the invoice value. This assignment applies regardless of whether the goods are resold without processing or after processing, mixing, or combining.

12.7. The customer is still entitled to collect the assigned claim. The provider's authorization for independent collection remains unaffected by this. However, the provider undertakes not to collect the claim as long as the customer duly fulfills their payment obligations to the provider, does not fall into arrears with payments, and does not file for insolvency proceedings. If this is indeed the case, upon request from the provider, the customer must provide all information necessary for collecting the claim and provide documents and inform debtors about the assignment. In this case, the provider is also entitled to revoke the customer's authorization to resell and process the reserved goods.

12.8. The provider undertakes to release the securities due to the customer upon request insofar as the realizable value of the securities exceeds the claims to be secured by more than 10%; the selection of securities to be released is at the discretion of the provider.

13.1. The customer is not allowed to set off any counterclaims unless they have been legally established by judgment or court order or remain undisputed by the provider, unless the counterclaim and the offsetting main claim are reciprocally linked.

13.2. The customer's right of retention and refusal of performance are excluded, unless the underlying counterclaims are undisputed or legally established.

13.3. Assignment of claims by the customer from the concluded contract is excluded.

14.1. The provider collects and processes the customer's data required for the initiation and execution of the contract (e.g. address and bank details). Further details can be found in our privacy policy.

14.2. If there is a data processing agreement between the parties, the parties will conclude a separate contract for data processing that complies with the requirements of Art. 28 GDPR.

15.1. Confidential information includes all information and documents, including the contract concluded between the parties, which are either marked as confidential or whose confidentiality arises from the circumstances or their nature. Confidential information includes, in particular, technical, business, and other information, such as information relating to technologies, products, services, prices, customers, employees, strategies.

15.2. Information not considered confidential includes:

15.2.1. known to the receiving party before receiving it from the other party in connection with this contract;

15.2.2. independently developed by the receiving party without recourse to confidential information of the other party;

15.2.3. acquired by the receiving party from third parties not bound by restrictions on use and disclosure;

15.2.4. public knowledge or become public without fault or action of the receiving party.

15.3. The parties shall treat all confidential information that one party discloses to the other party in the context of the contract concluded between them or receives from the other party as confidential and shall use it exclusively for the purpose of performing under this contract. They will protect confidential information from unauthorized access and treat it with the same care they apply to their own equally confidential information, at least with the care of a prudent merchant.

Disclosure of confidential information may only be made to individuals of the respective party and only if such individuals are contractually obligated to confidentiality that corresponds to the confidentiality obligations of this paragraph 14 and to the extent necessary for the performance of the contract concluded between them ('need to know'); Paragraph 4 shall remain unaffected.

15.4. Confidential information may not be disclosed by the receiving party to third parties without the prior written consent of the other party, unless

15.4.1. this is required by mandatory legal requirements or a judicial or governmental order and the receiving party has promptly informed the other party in writing of the respective obligation and given it the opportunity to intervene against disclosure, or

15.4.2. the confidential information is made accessible to advisors of the receiving party in connection with the performance of this contract and the respective advisor has previously committed in writing to confidentiality in accordance with the provisions of this paragraph 14 or is already obliged by profession to confidentiality

15.4.3. legitimately appointed subcontractors of the contractor require confidential information from the client for the provision of their services and each subcontractor has previously committed in writing to confidentiality towards the contractor in accordance with the provisions of this paragraph 14.

15.5. Upon termination of the contract, the parties shall return or destroy in an appropriate manner any confidential information received from each other. To the extent that, due to mandatory commercial or tax regulations, the parties are obliged to archive confidential information of the other party, they are entitled to make copies of such information as required.

15.6. Subject to further confidentiality obligations due to mandatory legal requirements, this confidentiality obligation shall continue for five (5) years after termination of this contract.

15.7. The service provider notes that for unencrypted

16.1. Contracts for Managed Services begin upon the initial provision of services as part of onboarding. The minimum contract term is one (1) year. During the minimum contract term, ordinary termination is excluded. You can terminate with one (1) month's notice at the end of the minimum contract term.

16.2. Contracts according to section 16.1 extend automatically for an additional year (extension period) without termination. During the extension period, termination with one (1) month's notice at the end of the extension period is permissible.

16.3. If no minimum contract term is agreed, the contract runs indefinitely and can be terminated at any time with four (4) weeks' notice to the end of a calendar month.

16.4. Any termination must be in written form to the contracting party.

16.5. Termination of Service Contracts
16.5.1. The parties are entitled to terminate a service contract according to general service contract termination regulations.

16.5.2. In case of ordinary termination by the customer according to § 648 BGB, it is presumed, contrary to § 648 sentence 3 BGB, that the provider is entitled to 20% of the agreed remuneration attributable to the part of the service not yet provided. The customer is allowed to prove that the provider has saved higher expenses.

16.6. Extraordinary Termination
16.6.1. The right to extraordinary termination for good cause remains unaffected in any case. Both parties are entitled to such immediate termination, especially if the other party is responsible for a serious contractual breach and has been unsuccessfully warned in writing after a deadline has been set.

16.6.2. A good cause exists in particular when

• an insolvency petition is filed over the assets of the other party, insolvency proceedings are opened, or dismissed due to lack of assets, unless an impact on this contract is excluded.

• the customer culpably fails to fulfill its obligation despite a warning.

• the customer fails to make an advance payment despite a warning.

17.1. The provider reserves the right to change these Terms and Conditions at any time without stating reasons, unless it is unreasonable for the customer. The provider will inform the customer in a timely manner about changes to the Terms and Conditions. If the customer does not object to the new Terms and Conditions within six weeks of being notified, the amended Terms and Conditions will be deemed accepted by the customer. The provider will inform the customer in the notification about their right to object and the significance of the objection period.

17.2. Furthermore, the provider reserves the right to change these Terms and Conditions,

17.2.1. if the change is only advantageous for the customer;

17.2.2. if the change is purely technical or procedural, unless it has significant implications for the customer;

17.2.3. to the extent that the provider is obligated to ensure compliance of the contractual provisions with applicable law, especially if there is a change in the current legal situation;

17.2.4. to the extent that the provider complies with a court judgment or an administrative decision against them; or

17.2.5. to the extent that the provider introduces additional, entirely new services, features, or service elements that require a description of performance in the terms and conditions, unless such changes adversely affect the existing user relationship.

17.3. The provider will inform about such changes to the Terms and Conditions in written form.

18.1. Any changes and additions to the contract require written form.

18.2. If any provision of this contract is or becomes invalid, the validity of the contract as a whole shall not be affected thereby. Instead of the invalid provision, a regulation shall apply that comes as close as legally possible to the intentions of the parties. The same applies in the event of a regulatory gap.

18.1. Any changes and additions to the contract require written form.

18.2. If any provision of this contract is or becomes invalid, the validity of the contract as a whole shall not be affected thereby. Instead of the invalid provision, a regulation shall apply that comes as close as legally possible to the intentions of the parties. The same applies in the event of a regulatory gap.

1.1 Der technische Support erfolgt über folgende Kanäle:

a) Ticket-System: Anfragen können über das Online-Ticketsystem eingereicht werden.

b) E-Mail: Supportanfragen können an die im Vertrag angegebene E-Mail-Adresse gesendet werden.

c) Telefon: Für Supportkunden mit entsprechender Vereinbarung steht eine Telefon-Hotline zur Verfügung.

d) Remote-Zugriff: Nach vorheriger Abstimmung kann Support mittels Fernwartungssoftware erfolgen.

1.2 Die verfügbaren Supportkanäle und Reaktionszeiten ergeben sich aus der jeweiligen Support-Vereinbarung (Service-Level-Agreement).

1.3 Für eine effiziente Bearbeitung wird die Nutzung des Ticket-Systems empfohlen, da hier eine strukturierte Dokumentation und Nachverfolgung gewährleistet ist.

2.1 Unless expressly agreed otherwise,
support services are provided during regular
business hours from Monday to Friday between 08:00 AM and
05:00 PM (excluding legal holidays in Germany).

2.2 Erweiterter Support außerhalb der Geschäftszeiten (24/7-Support, Wochenend-Support) kann gegen gesonderte Vereinbarung und Vergütung angeboten werden.

2.3 Notfall-Support außerhalb der Geschäftszeiten ist nur für kritische Systemausfälle vorgesehen und wird mit erhöhten Stundensätzen berechnet.

2.4 Die Reaktionszeiten (erste Rückmeldung) und Lösungszeiten sind abhängig von der Prioritätsstufe der Anfrage und werden im Service-Level-Agreement festgelegt.

3.1 Der Umfang der Supportleistungen umfasst:

a) Fehleranalyse und Fehlerbehebung bei technischen Problemen

b) Beantwortung technischer Fragen zur Nutzung und Konfiguration der betreuten Systeme

c) Unterstützung bei Updates und Patches

d) Beratung zu Best Practices und Optimierungsmöglichkeiten

3.2 Nicht im Support enthalten sind:

a) Schulungen und Trainings (werden separat angeboten)

b) Entwicklung neuer Funktionen oder individueller Anpassungen

c) Fehler, die durch unsachgemäße Bedienung, Fremdeingriffe oder höhere Gewalt entstanden sind

d) Support für Software oder Hardware, die nicht von EasyHood geliefert oder betreut wird

3.3 EasyHood bemüht sich nach besten Kräften, Probleme zu lösen, kann aber keine Garantie für die Lösbarkeit aller technischen Probleme übernehmen.

4.1 Supportanfragen werden nach folgenden Prioritätsstufen klassifiziert:

Priorität 1 (Kritisch): Kompletter Systemausfall, geschäftskritische Funktionen nicht verfügbar

Priorität 2 (Hoch): Wesentliche Funktionen beeinträchtigt, Workaround verfügbar

Priorität 3 (Normal): Geringfügige Beeinträchtigungen, keine kritischen Auswirkungen

Priorität 4 (Niedrig): Allgemeine Anfragen, Informationsbedarf, Feature-Requests

4.2 Die Priorisierung erfolgt durch EasyHood auf Basis einer objektiven Bewertung der geschäftlichen Auswirkungen.

4.3 Der Kunde ist verpflichtet, bei Supportanfragen folgende Informationen bereitzustellen:

a) Detaillierte Problembeschreibung und Fehlermeldungen

b) Schritte zur Reproduktion des Problems

c) Betroffene Systeme und Zeitpunkt des Auftretens

d) Bereits durchgeführte Lösungsversuche

4.4 Bei unzureichenden Informationen kann sich die Bearbeitungszeit entsprechend verlängern.

4.5 Der Kunde wird über den Bearbeitungsstand seiner Anfrage regelmäßig informiert.

5.1 Supportleistungen werden entweder auf Basis einer monatlichen Pauschale oder nach tatsächlichem Aufwand (Time & Material) abgerechnet.

5.2 Bei Pauschalvereinbarungen ist ein bestimmtes Kontingent an Supportstunden pro Monat enthalten. Überschreitungen werden nach den vereinbarten Stundensätzen zusätzlich berechnet.

5.3 Nicht ausgeschöpfte Supportstunden aus Pauschalvereinbarungen verfallen am Ende des jeweiligen Abrechnungszeitraums und werden nicht in Folgezeiträume übertragen.

5.4 Bei Time & Material-Abrechnung erfolgt die Vergütung nach den zum Zeitpunkt der Leistungserbringung gültigen Stundensätzen von EasyHood. Die Abrechnung erfolgt in 15-Minuten-Intervallen.

5.5 Supportleistungen außerhalb der regulären Geschäftszeiten (Notfall-Support, Wochenend-Support) werden mit einem Zuschlag von 50% auf den regulären Stundensatz berechnet.

5.6 Die Vergütung für Supportleistungen wird monatlich im Voraus (bei Pauschalen) bzw. im Nachhinein (bei Time & Material) in Rechnung gestellt und ist innerhalb von 14 Tagen nach Rechnungsdatum fällig.

5.7 Bei Zahlungsverzug ist EasyHood berechtigt, Supportleistungen bis zur vollständigen Begleichung offener Forderungen auszusetzen.