Service terms and conditions

1. General

1.1. These service terms and conditions for DEKOM AG, Kellerbleek 3, 22529 Hamburg (hereinafter referred to as “DEKOM”) shall apply in addition to DEKOM’s general terms and conditions, which shall govern the present contractual relationship and shall be applicable for services performed by DEKOM unless otherwise stipulated in these service terms and conditions.

1.2. The customer may choose between a variety of contract types. The contract type shall determine the scope of the services provided by DEKOM. At present, the customer may choose between “bronze”, “silver”, “gold” and “platinum” contract types. A higher service level (upgrade) may be chosen at a later time by written agreement. The precise scope of the chosen service level shall be determined by the latest applicable list, unless otherwise explicitly agreed. The content of the order confirmation shall be decisive. The customer shall have no service entitlement unless they have chosen a contract type.

2. Services

2.1 The service shall be provided to ensure that the devices to be serviced are operational; however, none of the contract types shall offer a guarantee from DEKOM that the devices will operate without faults at all times. The respective manufacturer’s warranty terms shall apply.

2.2 DEKOM’s service shall exclusively comprise maintenance of the devices to be serviced, on the customer’s request. The scope of the service shall not include ensuring the functionality of the entire technical unit (leads, network, accessories, projectors, etc.).

2.3 Maintenance shall be provided via a telephone hotline and through remote facilities and integrated functions. If it is not possible to rectify a fault using the aforementioned methods, maintenance for bronze and silver contracts shall be provided by repairing parts sent in by the customer. With gold contracts, the customer shall receive a replacement system by express delivery for the duration of the repair; with platinum contracts the repair shall take place onsite at the installation site specified in the order confirmation. A system fault shall also be considered fully rectified if a system with equal or higher performance is available onsite free of charge for the duration of necessary repairs. DEKOM shall be entitled to replace the entire system or individual components if this is necessary for repair.

2.4 DEKOM’s telephone service shall provide the necessary support for setting up, installing, commissioning and testing the devices. The service for gold and platinum contracts shall include installation of the devices and onsite training by DEKOM technicians. This onsite service shall comprise setup, configuration and commissioning of the devices under administrator supervision, and training of future users provided that the entire technical unit is operational (cf. points 2.2 and 7.2).

2.5 If the installation site is located in the EU, USA or Canada, the customer must pack the system in question in a manner suitable for shipping, and return it to DEKOM, Kellerbleek 3, 22529 Hamburg. At all other installation sites, the customer shall also bear the shipping costs.

2.6 If DEKOM is required to provide software updates due to the contract type, the following software update process shall be followed: DEKOM shall inform the customer by email of updates to their purchased product. A guide to carrying out the update shall be provided by DEKOM on their website. Along with the update information, the customer shall receive a link to the DEKOM website and a link for the update and/or a key to download the update. If the customer should require telephone support while installing the updates, DEKOM shall provide this free of charge via the usual hotline. In the event that fixed service intervals are agreed, software updates shall be carried out in this context by our service technicians.

2.7 The scope of performance may differ outside of the EU, Norway and Switzerland.

3. Service hours

3.1 The customer may report faults by telephone or in writing on business days between 9am and 6pm CET. Email support shall be available for all contract types, while telephone support shall be available for silver contracts and above.

3.2 DEKOM shall perform the service on business days between 9am and 6pm; as far as possible, DEKOM shall take into account the customer’s preferences regarding the precise time of the service.

3.3 Response times shall be between 48 hours and 1 hour, depending on the contract type; with gold and platinum contracts, maintenance shall be carried out as quickly as possible via express delivery (gold) or onsite service (platinum) within 24 hours of the customer’s request.

4. Rental fee, payment, set-off, retention

4.1 The hirer shall pay DEKOM the rental fee indicated in the hire agreement, plus statutory VAT at the current rate. The period for which the rental fee is charged shall begin on the date of delivery to the hirer, according to the delivery note. Incomplete months shall be charged on a pro rata basis.

4.2 The monthly rental fee shall be due and payable no later than the third working day of each month. In the event of a late payment (payment arrears), DEKOM shall be entitled to charge interest at 8% p.a. above the base rate. Further rights, including the right to claim additional damages arising from the delay, are reserved.

4.3 The payment terms stipulated in § 3 and § 20 of DEKOM’s general terms and conditions shall otherwise apply.

5. Installation site

5.1 DEKOM’s contractual service obligation shall apply exclusively to devices specified in the order confirmation at the specified installation site. DEKOM shall be entitled to charge further costs arising in addition to the service fee if the installation site of the devices to be serviced is changed without DEKOM’s approval.

5.2 DEKOM shall be notified in writing before any relocation of the devices. DEKOM may carry out this work themselves, or require a specialist named by DEKOM to be called in for the transportation and installation work involved in the relocation. The customer shall bear all expenses and consequential costs related to the relocation.

5.3 Construction work is the responsibility of the customer and shall not be carried out by DEKOM. The customer may commission a third party to carry out necessary construction work. DEKOM shall assist with contracting the third party. The actions of the third party shall not be attributable to DEKOM.

6. Warranty and liability

6.1 The service warranty shall be limited to repair. In the event that repairs are repeatedly unsuccessful, the customer may, at their discretion, terminate the service contract or reduce the service fee accordingly, unless the customer is (partially) responsible for the failure. In individual cases, multiple actions may be carried out in performing a repair.

6.2 Supplementary to § 12 para. 3 of the general terms and conditions, DEKOM shall not be subject to a warranty or maintenance obligation in the following cases:

(a) In the event of faults due to:

  • operating errors, failure to comply with instructions for use or environmental conditions described in the technical
  • documentation, damaged CRTs, projector lamps or other faulty accessories,
  • incorrect handling or technical interference by the customer or a third party,
  • irregularities or inadequacy in the electrical current, network or telephone and DSL lines rented by the customer,
  • other factors for which DEKOM is not responsible,

(b) For additional equipment, including accessories, which is not covered by the contract. Moreover, the warranty obligation shall not apply if the devices to be serviced can no longer be restored to an operational state, or if this would be possible only at a disproportionate cost.

6.3 DEKOM’s liability for damages due to gross negligence or wilful intent shall be unlimited, in accordance with statutory provisions.

6.4 In the event of a slightly negligent breach of material contractual obligations which are indispensable to achieving the purpose of the contract, and with which the customer must therefore be able to expect strict compliance, DEKOM shall, in accordance with statutory provisions, be liable only for such damages as were foreseeable to them in terms of type and scope on conclusion of the contract Under no circumstances shall foreseeable damages relating to features and possible applications of the devices to be serviced exceed the sum of one contractual year’s service fee.

6.5 The liability provisions under § 14 of the general terms and conditions shall otherwise apply. No further liability shall be accepted.

7. Data protection

7.1 Every customer shall have access to the discussion forum on Data from visits to the forum shall be handled in accordance with statutory regulations (in particular the German Data Protection Act and Teleservices Data Protection Act). The customer may remain anonymous when using the forum. They shall decide what personal data they will submit and for what purposes it may be processed or used.

7.2 DEKOM shall only use personal data with the customer’s consent. Recorded data shall be subject to extensive security measures to prevent unauthorised access and misuse, and to protect against the destruction or loss of the data. Only statistical information shall be gathered from log files in order to improve our services, and no user profiles shall be created. The customer shall be entitled to receive information about their stored personal data free of charge, and shall have the right to correct inaccuracies and block or delete data. § 22 of our general terms and conditions shall otherwise apply.

8. Term of contract

8.1 The term of the service contract for a video conferencing system shall initially be set at 24 (silver) or 36 (gold or platinum) calendar months. The start of the term shall be specified in writing on the invoice.

8.2 Once the contract term has expired, the service may only be used after concluding a new contract. Should DEKOM perform the service without a new contract, the previous terms shall continue to apply. This shall not constitute an extension of the contract.

8.3 The customer may terminate the service contract for good cause at any time. The termination must be in writing with a statement of reasons.

9. Other provisions

9.1 Changes or additions to these service terms and conditions must be made in writing.

9.2 If any clause in these service terms and conditions should be or become invalid, the validity of the remaining clauses shall not be affected. In such a case, the contracting parties shall be obligated to cooperate in drawing up provisions which will achieve a legally valid result that comes as close as possible to the intent of the invalid clause.

Updated: September 2008