Collax Support Agreement

a. The technical support comprises all inquiries about the configuration and administration of the Collax products covered by the respective Support Agreement. The exact scope of the various Support Agreements is described in Annex I "Collax Support Packages".

b. The support can be provided by phone, e-mail, fax, or remote access over the SSH protocol from the Collax Support Center. On-site support is offered against payment of an additional fee.

c. Collax Support is available from Monday to Friday (except public holidays in the German state of Baden-Württemberg). The times at which inquiries are processed depend on the respective Support Agreement as specified in Annex I "Collax Support Packages".

d. The agreed normal response time depends on the respective Support Agreement as specified in Annex I "Collax Support Packages". Annex I merely constitutes a description of the normal service level; it does not constitute an assurance or a guarantee.

e. The Agreement term is 12 months. Upon expiry of the term, the Agreement is automatically extended by further terms of 12 months, unless it is terminated in writing 3 months prior to the end of the current term.

f. The support covers the analysis of the submitted problem and the proposal of a solution. If necessary, the proposed measure for changing the configuration of the Collax product can be performed by the Collax Support. Collax cannot guarantee that it will be able to resolve all reported problems within the scope of the provided support.

a.  The product for which technical inquiries are submitted must be registered and have a valid subscription or maintenance. 

b.  The customer shall communicate the license number of the affected system that is subject to a valid Support Agreement to the Collax Support. 

c.  The software version must be up to date. 

d.  When submitting a technical inquiry, the customer shall designate a competent on-site contact partner for the Collax Support. 

e.  The Collax Support must be able to log in to the affected system over the SSH protocol. 

f.  The customer shall provide the Collax Support with all needed, complete log files.

g.  Collax reserves the right not to provide any technical support in case the customer has not yet paid the fee for the Support Agreement.

h.  The acceptance of a Support Agreement between Collax and the customer is subject to final review by Collax. 

a.  If the malfunction was caused by improper operation or handling of the system.

b.  If the software has been modified or complemented by persons not authorized by Collax. 

c.  If the malfunction is caused by a software bug of a third-party provider.

d.  If the inquiry contains general questions about Linux, UNIX, or network technology. 

e.  If the inquiry involves regular system maintenance tasks.

a.  The customer shall split several questions about different subjects into several support requests. Collax reserves the right to split an inquiry about several subjects into several support requests.

b.  The customer is responsible for the security of his system. In the event of malfunction, the customer shall make sure that all data have been backed up and sufficiently protected against third-party attacks.

c.  For inquiries that may be related to software malfunction, the customer shall document all relevant data and all needed steps to enable the Collax Support to reconstruct a possible software error.

d.  The customer must have trained all users in the proper use of the system.

e.  Collax only assumes liability for damages in connection with the loss of data to the extent that these could not have been avoided by means of daily, alternating backups. Moreover, Collax does not assume any liability for damages caused by delivered items, provided these damages could have been avoided by means of a regular inspection of the work results. 

Data transmitted by the customer within the scope of the support services are used for technical support purposes only.
Especially security-relevant data provided by the customer, such as passwords and network information required for processing a support request, will be used exclusively in consultation with the customer. Collax will make sure that the data are treated as confidential and will protect the data from third-party access To the extent that Collax gains access to personal data or to data subject to a special legal or professional confidentiality obligation within the scope of the provided support services or the possibility of such access cannot be excluded, Collax will exclusively deploy personnel that is informed about the relevant legal regulations and has signed a non-disclosure document. Such data may only be used for processing the order and in compliance with the instructions of the customer and will be deleted or blocked thereafter. The sub-contracting of such services is subject to the prior approval of the customer. Collax shall monitor the compliance of its personnel with data privacy policies and shall take suitable technical and organizational data protection and security measures. The licensee is entitled to perform independent audits of the utilization of such data at Collax, provided such audits are required by law within the scope of the due performance of the licensee's business.

Additionally, the support services are governed by the General Terms and Conditions of Collax GmbH enclosed as Annex II. The limitation of liability and warranty of Collax in the General Terms and Conditions is made reference to. In the event of contradictions, the provisions of this Agreement shall have priority over those of the General Terms and Conditions.