This version:
- version RV20220201
- date of publi­ca­tion: 01.02.2022

- Die deut­sche Version finden Sie hier: https://eitiecloud.de/rahmenvereinbarungen 

 

§ 1 Preamble

The agree­ment regu­la­tes the use of CIS ser­vices by the cus­to­mer against payment. The General Terms and Con­di­ti­ons of CIS for Inter­net Pro­vi­ding are an inte­gral part of this Agree­ment and were available to the cus­to­mer at the time of signing this User Agree­ment. The cus­to­mer agrees to their validity.

 

§ 2 Preli­mi­nary remarks

All prices listed in this con­tract are exclu­sive of the curr­ently appli­ca­ble value added tax in Germany of 19 %.
For the pro­vi­sion of all hosting, cloud and data centre solu­ti­ons, the cus­to­mer is pro­vi­ded with a red­un­dant 100Mbit/s con­nec­tion. Should both 100Mbit/s lines fail, a backup line with 10MBit/s is available. The con­nec­tion on the client side is not included. A line with suf­fi­ci­ent band­width is assumed to be obli­ga­tory for the pro­vi­sion of ser­vices.
CIS under­ta­kes to provide the Hosted Envi­ron­ment in a con­di­tion cor­re­spon­ding to the con­trac­tual use and to main­tain it in this con­di­tion during the term of the con­tract. The war­ranty lia­bi­lity under tenancy law for initial defects pur­su­ant to Section 536d of the German Civil Code (BGB) is excluded, since CIS as the ope­ra­tor of the Hosted Envi­ron­ment has no influence on errors in the instal­led soft­ware. Support in the eli­mi­na­tion of soft­ware errors is not part of this obli­ga­tion. Unless sepa­ra­tely agreed, the instal­la­tion of soft­ware updates shall be carried out remo­tely and invoi­ced accor­din­gly. Any service quota shall be used.

 

§ 3 Service description

The service descrip­tion depends on the com­mis­sio­ned service and is listed in the respec­tive service contract.

 

§ 4 Admi­nis­tra­tive per­mis­si­ons of the customer

If desired, the cus­to­mer has the option of obtai­ning admi­nis­tra­tive rights on the server pro­vi­ded for him on a dedi­ca­ted basis. He can be given admi­nis­tra­tive rights on his ter­mi­nal server, his dedi­ca­ted appli­ca­tion servers, his data­ba­ses or data­base ins­tances or public folders.

Rest­ric­ted access to the user account admi­nis­tra­tion (e.g. for access rights to files, folders, public folders or prin­ters) can also be set up for the cus­to­mer. The cus­to­mer orders this in writing from CIS. The cus­to­mer thereby agrees to par­ti­ally rest­rict CIS in its lia­bi­lity for areas which can be admi­nis­te­red by customers.

Example: Admi­nis­tra­tive rights involve risks, as there are depen­den­cies between hard­ware and soft­ware, between dif­fe­rent soft­ware pro­ducts and between ope­ra­ting system con­fi­gu­ra­tion, soft­ware and/or hard­ware. Admi­nis­tra­tive actions by the cus­to­mer can the­r­e­fore cause side effects for which CIS cannot be held liable.

Both sides rely on a coope­ra­tive part­ner­ship. This applies to both changes and trou­ble­shoo­ting. If a fault cannot be rec­ti­fied within the desired time and effort, the servers will be reset to the last known working status from the cor­re­spon­ding backup.

CIS will, irre­spec­tive of respon­si­bi­lity and cause, always assist the cus­to­mer in finding and rec­ti­fy­ing any error that may have occur­red. If an error has been gene­ra­ted directly or indi­rectly by a cus­to­mer, CIS will charge for the effort incur­red to rectify the error. Tech­ni­cally, sce­na­rios are con­ceiva­ble in which it is not clearly traceable whether a system error has occur­red due to the admi­nis­tra­tive action of the cus­to­mer or due to other influen­ces. In this case, CIS will charge half of the effort after con­sul­ta­tion with the customer.

The cus­to­mer shall refrain from using network and system tools without first dis­cus­sing them with CIS. The cus­to­mer has the tech­ni­cal pos­si­bi­lity to install or unin­stall pro­grams. However, he shall discuss such acti­vi­ties with CIS before they are carried out.

 

§ 5 Accessibility

Access to the ter­mi­nal server
- Within the eitie­Cloud network, access is via an encrypted tunnel to the CIS data centre via port 3389.
- Outside the eitie­Cloud network, access is via ter­mi­nal server gateway via port 443 (HTTPS).

Access to the Micro­soft Exch­ange server
- Both inside and outside the eitie network, access to the Exch­ange server is via “RPC over HTTPS” using port 443. Access via HTTP (port 80) is auto­ma­ti­cally redi­rec­ted to port 443.

Printer control
- The prin­ters in the local eitie network com­mu­ni­cate with the print server of the hosting envi­ron­ment via port 9100.

 

§ 6 Changes / adapt­a­ti­ons to the eitie­Cloud ope­ra­ting plattform

Any modi­fi­ca­tion or adapt­a­tion of the ope­ra­ting plat­form requi­res an order in writing.
Updates for running pro­gram­mes and ope­ra­ting systems that can be instal­led on the exis­ting ope­ra­ting plat­form are included. Neces­sary pro­gramme and ope­ra­ting system upgrades which require a new instal­la­tion within the exis­ting ope­ra­ting plat­form or the new instal­la­tion of the ope­ra­ting plat­form itself (e.g. further/different appli­ca­tion servers or manu­fac­tu­rer-related upgrades of the exis­ting server ope­ra­ting systems, dis­con­ti­nua­tion of exis­ting systems) shall be charged by CIS on a time and mate­rial basis.

 

§ 7 Pro­vi­sio­ning of hardware

The hard­ware pro­vi­ded in the course of the con­trac­tual rela­ti­onship shall remain the pro­perty of CIS. CIS reser­ves the right to purchase or lease the pro­vi­ded hard­ware from the hard­ware manu­fac­tu­rer or from a third party supplier.

The cus­to­mer shall allow CIS, the hard­ware manu­fac­tu­rer and their vica­rious agents phy­si­cal and/or logical access to the server envi­ron­ment in order to carry out the fol­lo­wing acti­vi­ties, for example:
- Repair after hard­ware defect
- Exch­ange of the devices
- Main­ten­ance of the devices
- Retrie­val of the devices at the time of repla­ce­ment or at the end of the contract.

CIS will give prior notice of access-related impairm­ents to the customer’s IT envi­ron­ment and coor­di­nate a date with the cus­to­mer. Hard­ware will be pro­vi­ded with a next busi­ness day repair or repla­ce­ment service. The cus­to­mer agrees to support the phy­si­cal and logical access neces­sary to comply with this service level agreement.The hard­ware pro­vi­ded shall only be used by the cus­to­mer at the con­trac­tually agreed loca­tion. Any relo­ca­tion of the hard­ware shall be agreed with CIS and recor­ded in an amend­ment to the contract.

In the event of the customer’s ina­bi­lity to pay or non-payment of invoices, CIS reser­ves the right to retrieve its hard­ware. In this case, the user data shall be made available to the cus­to­mer on a data carrier pro­vi­ded by the cus­to­mer. Other dates shall be coor­di­na­ted by CIS with the cus­to­mer as soon as pos­si­ble, but no later than 5 working days in advance. 

 

§ 8 Microsoft-Licenses

The Micro­soft system licen­ces pro­vi­ded are made available on the server systems of CIS in accordance with the Micro­soft SPLA licence model. The costs for this are included in the cor­re­spon­ding user flat rates.
A mixture of SPLA licen­ces with Micro­soft licen­ces purcha­sed by the cus­to­mer is not pos­si­ble accor­ding to the Micro­soft SPLA usage rights “SPUR”. Cus­to­mer repres­ents and war­rants that it is not inf­rin­ging any other Micro­soft licence rights by pro­vi­ding Micro­soft licen­ces. The Cus­to­mer further con­firms that it has been advised by CIS of the correct use of the licen­ces pro­vi­ded under licen­sing law.

When using user-related Micro­soft licen­ces (as opposed to device-related licen­ces), Microsoft’s “mul­ti­plex user” regu­la­tion must be obser­ved. If several employees work with the same user account (e.g. shift work), CIS must be infor­med of the indi­vi­dual employees so that they can be cor­rectly repor­ted and charged for the SPLA licence. Mul­ti­ple use of a user licence is not per­mit­ted, even though it would be tech­ni­cally pos­si­ble. Unless other­wise com­mu­ni­ca­ted, CIS assumes that a func­tion user is used in 3‑shift ope­ra­tion. If a dif­fe­rent arran­ge­ment is made at the customer’s pre­mi­ses, the cus­to­mer shall inform CIS of this.

 

§ 9 Content

The cus­to­mer is obli­ga­ted not to intro­duce any content that vio­la­tes legal regu­la­ti­ons, the per­so­nal rights and pro­perty rights of third parties or mora­lity. In par­ti­cu­lar, he shall observe the data pro­tec­tion regu­la­ti­ons for the benefit of the users. Fur­ther­more, he shall prevent the spread of viruses and refrain from placing an exces­sive load on the net­works through the unt­ar­ge­ted and impro­per dis­se­mi­na­tion of data.

The cus­to­mer shall ensure that his pro­grams used on a server of CIS are not aff­lic­ted with errors which could inter­fere with the pro­vi­sion of ser­vices by CIS. In the event of a breach of these obli­ga­ti­ons, CIS shall be entit­led to exclude the cus­to­mer network and/or the sub-areas causing the dis­rup­ti­ons from ope­ra­tion in the CIS Dat­a­Cen­ter. The exclu­sion or the blo­cking shall not result in the loss of the remu­ne­ra­tion claims on the part of CIS. The cus­to­mer will be infor­med immediately.

CIS reser­ves the right to block legally ques­tionable content.
If the cus­to­mer is respon­si­ble for the breach of duty, he shall be obliged to com­pen­sate CIS for the damage arising from the breach of duty or to indem­nify CIS against lia­bi­lity. Lia­bi­lity shall be limited to 10% of the agreed annual net value, but not more than € 10,000.00.

 

§ 10 Billing and remuneration

The fee to be paid by the cus­to­mer con­sists of:
- fixed charges
- usage-depen­dent varia­ble charges
- other one-off and ongoing costs

The fixed charges cover those ser­vices which are shown in the annexes to this con­tract with a flat rate or basic charge. The amount of these fixed charges is set out in the Annexes to this con­tract. The use-depen­dent varia­ble charges are shown in the table in the respec­tive annexes. Other one-off or ongoing costs may result from addi­tio­nal or special agreements.

CIS shall charge a surcharge of 50 % on week­days and 100 % on weekends and public holi­days for the use of any ser­vices outside the stan­dard ope­ra­ting hours. CIS reser­ves the right to adjust the con­di­ti­ons agreed in the Annexes to this Con­tract in accordance with the con­su­mer price index of the Federal Sta­tis­ti­cal Office of Germany (index January 2009: 106.3). The cus­to­mer shall be noti­fied of this 3 months in advance.

In prin­ci­ple, invoi­cing shall take place at the begin­ning of each month with a due date of 10 days after invoi­cing. Pro­por­tio­nate fees for a per­for­mance period which lies before the begin­ning of the first full cal­cu­la­tion period will be invoi­ced tog­e­ther with the fees for the first full cal­cu­la­tion period. As long as the cus­to­mer is in arrears with pay­ments, CIS reser­ves the right to refuse to fulfil further per­for­mance obli­ga­ti­ons arising from the busi­ness rela­ti­onship. The pos­si­bi­lity of asser­ting further claims by CIS shall remain unaf­fec­ted. If an indi­vi­dual order so pro­vi­des, CIS shall give advance notice of a refusal to perform.

CIS shall charge inte­rest on arrears at a rate of 10 % p.a. above the respec­tive current ECB base rate, but at least at a rate of 12 % p.a., unless the cus­to­mer proves that CIS has suf­fe­red a lesser loss. CIS reser­ves the right in indi­vi­dual cases to assert a higher inte­rest loss actually incurred.

 

§ 11 Term of the con­tract, ter­mi­na­tion of the contract

The frame­work agree­ment is valid as soon as both the frame­work agree­ment itself and the first service agree­ment have been signed by both con­trac­ting parties. The frame­work agree­ment becomes valid with the start of the first service agree­ment and loses its vali­dity with the ter­mi­na­tion or end of the con­trac­tual term of the last exis­ting service agreement.

The timely receipt of the notice of ter­mi­na­tion by the respec­tive other con­trac­ting party at the address or other­wise noti­fied in writing shall be decisive for com­pli­ance with the notice periods. The indi­vi­dual service agree­ments may be ter­mi­na­ted without notice by either of the con­trac­ting parties for good cause. Good cause shall be deemed to exist if one party cannot reason­ably be expec­ted to con­ti­nue the con­tract for reasons for which the other party is respon­si­ble and the other party fails to remedy the respec­tive reason despite and after a warning.

Price changes as well as price adjus­t­ments due to exch­ange rates within the scope of fee changes and fee adjus­t­ments of private-law, public-law or other mono­po­li­stic ser­vices as well as rental licen­sors passed on to the cus­to­mer do not entitle the cus­to­mer to ter­mi­nate the con­tract. Exten­si­ons can be ordered inde­pendently of each other and have a minimum term of 12 months, but no longer than the ter­mi­na­tion of the basic package. Exten­si­ons can be ter­mi­na­ted annu­ally in writing with a notice period of 3 months to the end of the con­tract year.

The set-up time for the pro­vi­sion of an upgrade is usually at least three working days, depen­ding on the scope of the exten­sion. User data are the pro­perty of the cus­to­mer. After ter­mi­na­tion, the data is made available for down­load in encrypted form (e.g. Zip). Optio­nally, the user data can be pro­vi­ded on a data carrier. The pro­vi­sion of data is charged accor­ding to the time and effort invol­ved. The user data will be made available after the end of the con­tract and sett­le­ment of all invoices. 

 

§ 12 Liability

CIS shall always be liable to the cus­to­mer for damage caused by it and its legal repre­sen­ta­ti­ves or vica­rious agents inten­tio­nally or through gross negli­gence, under the Product Lia­bi­lity Act and for damage resul­ting from injury to life, limb or health for which CIS, its legal repre­sen­ta­ti­ves or vica­rious agents are responsible.

CIS shall not be liable for slight negli­gence unless CIS itself has brea­ched a mate­rial con­trac­tual obli­ga­tion (car­di­nal obli­ga­tion). In the case of damage to pro­perty and finan­cial loss, this lia­bi­lity shall be limited to the fore­seeable damage typical of the con­tract. Lia­bi­lity for loss of profit, loss of savings, inter­rup­tion of ope­ra­ti­ons and for other con­se­quen­tial damage caused by a defect shall be excluded. For a single case of damage and per con­trac­tual year, lia­bi­lity is limited to 10% of the agreed annual net value, but not more than € 10,000. Upon con­clu­sion of the con­tract, the parties may agree on a more exten­sive lia­bi­lity per case of damage or per con­tract year against sepa­rate remu­ne­ra­tion. The lia­bi­lity accor­ding to para. 1 remains unaf­fec­ted by this clause.
CIS shall only be liable under a gua­ran­tee for the damage expressly assumed in the gua­ran­tee. Claims for damages shall become statute-barred within 24 months from the sta­tu­tory com­mence­ment of the limi­ta­tion period. The sta­tu­tory periods shall remain unaf­fec­ted in the event of a wilful or grossly negli­gent breach of duty by CIS and in cases of injury to life, limb or health.

The above para­graphs shall apply mutatis mut­an­dis to claims for reim­bur­se­ment of expen­ses and other lia­bi­lity claims of the cus­to­mer against CIS. Insofar as any damage is attri­bu­ta­ble to events within the scope of the Line Pro­vi­der, the same pro­vi­si­ons and, in par­ti­cu­lar, the same limi­ta­ti­ons of lia­bi­lity and exclu­si­ons of lia­bi­lity shall apply — insofar as pos­si­ble — to CIS’s lia­bi­lity towards the Cus­to­mer as apply between the Line Pro­vi­der and CIS.

CIS shall not be liable to the cus­to­mer for ensu­ring that the infor­ma­tion trans­mit­ted via its com­mu­ni­ca­tion infra­struc­ture is up-to-date and correct. Fur­ther­more, no lia­bi­lity is assumed by CIS for the data trans­mit­ted and/or sent being free of third party rights, nor for the sender sending data and/or other infor­ma­tion lawfully.

 

§ 13 Service Level

CIS works with red­un­dant hard­ware. Servers, storage, fire­walls, routers, NAS systems and the con­nec­tion to the outside are all red­un­dant. Last year, the server systems were at least 99.98% available on a quar­terly average. CIS is con­stantly stri­ving to further improve avai­la­bi­lity and to estab­lish new tech­no­lo­gies with shorter down­ti­mes in the event of a defect.

CIS service staff are regu­larly trained in the tech­no­lo­gies used and are com­pe­tent cont­acts for cus­to­mers with broad know­ledge in the fields of “Micro­soft servers”, “Cisco net­works”, “server hard­ware” and “vir­tua­li­sa­tion with VMware”. 

§ 13.1 Stan­dard office hours

Monday – Friday	8:00 a.m. – 5:00 p.m. (CET, dat­a­cen­ter location)
Satur­day, Sunday	no ope­ra­ting hours
Public holi­days in Germany	no ope­ra­ting hours
Erwei­terte Hotline (to be ordered separately)
Monday – Sunday	8:00 a.m. – 10:00 Uhr (CET, dat­a­cen­ter loca­tion) incl. all public holidays

 

§ 13.2 Availability

In the stan­dard version, CIS grants an avai­la­bi­lity of 98.5% for each hosted server with a pro­vi­sion of 24 hours on all days of the year. The cal­cu­la­tion of the avai­la­bi­lity refers to a quar­terly period. Higher avai­la­bi­lity gua­ran­tees can be tech­ni­cally rea­li­sed for an addi­tio­nal charge.

Example:
1 quarter cor­re­sponds to 91 days
Of these, at least 98.5 % are available. This cor­re­sponds to 89.64 days

The avai­la­bi­lity of the hosting solu­ti­ons pro­vi­ded to the cus­to­mer is gua­ran­teed by CIS up to the trans­fer point into the public network (router output of the data centre).

For the hard­ware pro­vi­ded to the cus­to­mer, if appli­ca­ble, a response time for hard­ware and soft­ware errors “on the next working day” is gua­ran­teed. Errors which are not attri­bu­ta­ble to the scope of per­for­mance of CIS, such as force majeure (natural dis­as­ters, war, civil war, lockout etc.) fault of the cus­to­mer or his vica­rious agents shall not be declared as down­ti­mes or delays in deli­very and performance.

The cus­to­mer shall be pro­vi­ded with a web portal via which he can call up the avai­la­bi­lity infor­ma­tion inclu­ding traffic eva­lua­tions. Down­ti­mes agreed with the cus­to­mer for reor­ga­ni­sa­tion, migra­tion, upgrade and point-in-time reco­very within the spe­ci­fied ope­ra­ting hours are not declared as down­ti­mes. The mea­su­re­ment of down­time in the event of a mal­func­tion shall begin with the receipt of the report by CIS from the Cus­to­mer or with the detec­tion of the mal­func­tion within the scope of the moni­to­ring carried out by CIS and shall end with the resump­tion of ope­ra­tion by CIS. The down­ti­mes are deter­mi­ned elec­tro­ni­cally at the hotline, logged in a data­base and docu­men­ted by the admi­nis­tra­tors in the data centre.

 

§ 13.3 Main­ten­ance windows

Plan­nable main­ten­ance, con­ver­si­ons, exten­si­ons, changes, etc. of the entire data centre ope­ra­tion shall be carried out by CIS outside the ope­ra­ting hours if pos­si­ble and, if pos­si­ble, without dis­rupt­ing the regular ope­ra­tion of the system land­scape. Pos­si­ble dis­rup­ti­ons, such as con­di­tio­nal or inter­rupted system avai­la­bi­lity or rest­ric­ted func­tion­a­lity, shall be agreed with the cus­to­mer in advance.
The Client and the Con­trac­tor shall work tog­e­ther to agree on a recur­ring main­ten­ance window. This should take place at least once per month to install and inte­grate secu­rity and func­tion­a­lity updates. Both parties agree that this main­ten­ance window may result in down­ti­mes (unavai­la­bi­lity of servers and/or server and/or cloud ser­vices) for the Client and its employees. The asso­cia­ted EDP down­time is not taken into account in the cal­cu­la­tion of the overall avai­la­bi­lity of the system, as this is sche­du­led maintenance.

 

§ 13.4 Hotline

CIS shall provide the cus­to­mer with a support hotline. The tele­phone and fax numbers as well as the e‑mail address of the hotline shall be sent to the cus­to­mer in a sepa­rate infor­ma­tion letter. The cus­to­mer shall notify any mal­func­tions of CIS ser­vices exclu­si­vely to the hotline, stating the details requi­red for the eli­mi­na­tion of the malfunction.

 

§ 13.5 Con­trac­tual pen­al­ties / fines

If CIS cul­pa­bly falls short of an avai­la­bi­lity pro­mi­sed in this Con­tract, CIS shall grant the Cus­to­mer a credit for the unavailable service in the fol­lo­wing amount:

Cal­cu­la­tion of the per­mis­si­ble unavailability *)		Amount of credit based on one month’s remuneration
from	to
> 0 %	100 %	0 %
> 100 %	250 %	10 %
> 250 %	500 %	25 %
> 500 %		50 %

*) The per­mis­si­ble non-avai­la­bi­lity ( NVmax ) is defined as:
NVmax = 100 % — Vmin (Vmin : Agreed Availability).

The total amount of CIS con­trac­tual pen­al­ties per year of ope­ra­tion is limited to a maximum of three months’ basic remu­ne­ra­tion for the per­for­mance com­plai­ned of.

 

§ 14 Error categories

CIS carries out fault cle­arance within the agreed service level. Service fail­ures and error mes­sa­ges are divided into the fol­lo­wing four classes:

(1) Cri­ti­cal pro­blems
A cri­ti­cal problem exists if, as a result of a mal­func­tion, the use of a service by the cus­to­mer is com­ple­tely inter­rupted or so sub­stan­ti­ally impai­red that meaningful use is no longer pos­si­ble. This includes, but is not limited to, system failure (at least 10% of work­sta­tions) or access inter­rup­ti­ons that require a restart (at least 4 per work­sta­tion per day).

(2) End­an­ge­ring pro­blems
A jeo­par­di­sing problem exists if, as a result of a dis­rup­tion, the use of a service by the cus­to­mer leads to a clearly noti­ceable drop in the per­for­mance of the agreed service. This includes, but is not limited to, soft­ware or hard­ware error mes­sa­ges that signi­fi­cantly impair the use of the respec­tive service.

(3) Faults
All other error mes­sa­ges which have more than an insi­gni­fi­cant effect on the use of the service shall be deemed to be mal­func­tions. This includes, for example, faulty initia­li­sa­tion of a work­sta­tion or non-run­nable data carrier copies.

(4) Impair­ment
Causes which do not have a signi­fi­cant effect on the use of the service are deemed to be impairm­ents for which no special reme­dial times are pro­mi­sed. This includes, for example, general docu­men­ta­tion errors and error mes­sa­ges that do not result in any ope­ra­tio­nal restrictions.

 

§ 14.1 Response/recovery times

The pro­ces­sing of service fail­ures and error mes­sa­ges shall gene­rally take place within the fol­lo­wing times: 

	cri­ti­cal	dan­ge­rous	mal­func­tion
Answer call*	120 sec.	120 sec.	120 sec.
Recall	60 Min.	120 Min.	240 Min.
Redi­rect	sofort	60 min.	4 Std.
Solu­ti­ons	80 % in 4 h. 100 % in 24 h.	90 % in 3 working days 100 % in 5 working days	90 % in 7 working days 100 % in 10 working days

* In person through cus­to­mer care or voicemail-box

 

§ 14.2 Incor­rect fault messages

If the cus­to­mer has repor­ted a mal­func­tion to CIS and if, after an inspec­tion of the tech­ni­cal equip­ment by CIS, it turns out that the mal­func­tion was not within the sphere of respon­si­bi­lity of CIS, CIS shall be entit­led to charge the cus­to­mer for the expen­ses incur­red, pro­vi­ded it would have been pos­si­ble and reasonable for the cus­to­mer to iden­tify the actual cause of the mal­func­tion. The same shall apply if CIS points out to the cus­to­mer in a fault report that the fault is not within its area of respon­si­bi­lity and the cus­to­mer orders the fault to be reme­died by CIS.

 

§ 15 Data backup

In order to enable sub­se­quent access to all cus­to­mer data, CIS per­forms a backup of the entire hosting envi­ron­ment at the vir­tua­li­sa­tion level. Excluded from the backup are all forms of tem­po­rary direc­to­ries, the per­so­nal desktop back­ground of user accounts and indi­vi­dua­li­sa­ti­ons of user accounts (pro­files). The backup is written by NAS drives to hard disks in the same fire section. This backup is encrypted and repli­ca­ted asyn­chro­no­usly to locally remote NAS drives. In a further, final step, exch­ange hard drives with encrypted data are stored offline in the safe.

 

Backup plan
Backup of your data in the CIS data centre: daily at night
Backup of fire­walls and routers pro­vi­ded by CIS: monthly at night

§ 15.1 Fuse holding time
CIS is obliged to recon­s­truct the data as quickly as pos­si­ble in the event of all server-side fail­ures. Res­to­res are pos­si­ble for all eitie­Cloud pro­ducts in the fol­lo­wing periods, unless other­wise agreed upon

- Daily backups are kept for 4 weeks
- Monthly backups are kept for 1 quarter
- Quar­terly backups are kept for 1 year

§ 15.2 Res­to­ring the system data (reco­very)
Res­to­res can be carried out either in the form of indi­vi­dual files or in the form of com­plete virtual servers. Within the Exch­ange server, the restore of indi­vi­dual mail­bo­xes is pos­si­ble. Within the Micro­soft SQL server, the restore of indi­vi­dual data­base ins­tances is possible.

The costs of res­to­ra­tion for hard­ware-related fail­ures and for fail­ures caused by CIS per­son­nel shall be borne by CIS. Any down­ti­mes resul­ting from this shall be declared as downtime.

All sub­se­quent server-side fail­ures caused by:
- Errors in the appli­ca­tion soft­ware used
- Errors in the data­base soft­ware
- faulty ope­ra­tion by the client’s per­son­nel
- Errors in the client soft­ware which has not been released by CIS
are the respon­si­bi­lity of the cus­to­mer. The resul­ting res­to­ra­tion of the systems in the CIS data centre shall be subject to a charge. These down­ti­mes, even if they are within the ope­ra­ting hours, shall not be declared as down­time. All reco­very acti­vi­ties outside the basic ser­vices shall be charged separately.

If there is an agree­ment on flat-rate IT ser­vices or a service quota within the frame­work of a par­al­lel exis­ting con­trac­tual rela­ti­onship, this shall apply to the reco­very of data and server systems of the cus­to­mer-spe­ci­fic envi­ron­ment, pro­vi­ded that the reco­very is tech­ni­cally pos­si­ble with a usual effort.

 

The pro­ba­bi­lity of a res­to­rea­bi­lity in % (V) from any backup over an obser­va­tion period is cal­cu­la­ted depen­ding on the number of the last backup runs of the same type (a) within the obser­va­tion period accor­ding to the fol­lo­wing formula:

V = 100 – (100/3)/a

 

§ 15.3 Set-up times for recoveries

- If the hard disk requi­red for the restore is stored in the locked cabinet of the CIS: 4 hours.
- If the hard disk requi­red for the restore is stored in the bank locker: at least 24 hours, at most during the next but one working day.

 

§ 16 Data management

The appli­ca­tion hosting envi­ron­ment is tech­ni­cally opti­mi­sed in terms of high avai­la­bi­lity. In order to exclude server errors, viruses, Trojans and similar dis­rup­tive factors, the user inter­face (desktop, tem­po­rary files) is deleted when the user logs off and recrea­ted accor­ding to the con­fi­gu­ra­tion each time the user logs on to the server.

 

§ 16.1 Data storage by the customer

The cus­to­mer saves the pro­duc­tive and archive data to the storage direc­to­ries pro­vi­ded for this purpose. Per­sis­tence and data backup are only gua­ran­teed within these.

The fol­lo­wing storage drives are pro­vi­ded for cir­cu­la­tion and archive data:
- Network drive as a common storage drive for all employees of the cus­to­mer
- Network drive created indi­vi­du­ally for each user. Only for per­so­nal access

Pro­gramme data
A drive is pro­vi­ded for pro­gramme data and import and export directories.

Access aut­ho­ri­sa­ti­ons
Access to the drives is tech­ni­cally regu­la­ted by access roles on the part of CIS. The cus­to­mer shall be respon­si­ble for defi­ning access to data and pro­gram­mes within the drives. A list of the user accounts and their desired access to the available direc­to­ries shall be drawn up in tabular form by the cus­to­mer and shall be made available to CIS before the start of production.

On the network drives, the aut­ho­ri­sa­tion can be indi­vi­dua­li­sed two folders deep in each case.

 

§ 17 Other services

Any ser­vices not directly related to the func­tional ope­ra­tion of the exis­ting envi­ron­ment shall be pro­vi­ded by CIS within the scope of addi­tio­nal ser­vices and shall be invoi­ced at the fol­lo­wing con­di­ti­ons accor­ding to expen­dit­ure. These ser­vices include in par­ti­cu­lar:
- Any con­fi­gu­ra­tion changes or expan­sion of the hosting solu­tion.
- Any instal­la­tion of soft­ware
- The instal­la­tion of updates which do not affect the ope­ra­ting system or the TS func­tion­a­lity.
- On-site service

§ 17.1 Prices, con­di­ti­ons, artic­les and posi­ti­ons
Prices from your exis­ting con­tract are valid regard­less of the fol­lo­wing items.
In the event that no expli­cit agree­ment has been made, the fol­lo­wing con­di­ti­ons apply.

In the case of indi­vi­dual com­mis­sio­ning without a service or cloud con­tract:
- Tech­ni­cal support / IT service by tele­phone and remote main­ten­ance per 1/4 hour: € 31.00
- Tech­ni­cal support / IT service on site per day flat rate: € 1,195.00
- Indi­vi­dual con­sul­ting or advice by tele­phone and remote main­ten­ance per 1/4 hour: € 41.00
- Indi­vi­dual con­sul­ting or advice on site per day flat rate: € 1,565.00

For cus­to­mers with service or cloud con­tract:
- Tech­ni­cal support / IT service by tele­phone and remote main­ten­ance per 1/4 hour: € 26.00
- Tech­ni­cal support / IT service on site per day flat rate: € 1,030.00
- Indi­vi­dual con­sul­ting or advice by tele­phone and remote main­ten­ance per 1/4 hour: € 36.00
- Indi­vi­dual con­sul­ting or advice on site per day flat rate: € 1,340.00
These prices can be indi­vi­du­ally adapted to the needs and cir­cum­s­tances of the client through con­tin­gents and flat rates.
Detail zu den in den eitie-Ver­trä­gen auf­ge­führ­ten Posi­tio­nen werden hier detail­liert erläu­tert:
Posi­tion descrip­ti­ons for eitie pro­ducts – eitie­Cloud – Wir betrei­ben Ihre IT.

 

§ 17.2 Unplan­ned on-site assign­ments and unplan­ned indi­vi­dual con­sul­ting requirements

Please arrange on-site appoint­ments and all forms of con­sul­ting and deve­lo­p­ment ser­vices with us in advance. If such ser­vices are requi­red, we must sche­dule them. If this is not pos­si­ble on the client side, we may have to resche­dule the exis­ting appoint­ments of our col­le­agues in the ope­ra­tio­nal busi­ness. On the one hand, we cannot the­r­e­fore gua­ran­tee to be able to provide such appoint­ment ser­vices, but on the other hand we make it pos­si­ble as far as possible.

In this case we charge
a surcharge of € 11.00 net per 1/4 hour (work unit).

Examp­les from the past in which this became neces­sary (to clarify this section):
- Change of inter­net con­nec­tion that was not com­mu­ni­ca­ted to us
- Orde­ring or instal­ling new/different routers from the line pro­vi­der
- Change of tele­phone system that neces­si­ta­tes server instal­la­ti­ons
- Prin­ting solu­tion pro­vi­ders who are “spon­ta­neously in the house” and “now need tech­ni­cal assis­tance
- Elec­tri­cian ser­vices that have brought about changes in the IT cabling

 

§ 18 Pro­tec­tion of per­so­nal data, data and IT security

If and to the extent that CIS obtains access to per­so­nal data of the Cus­to­mer or its clients in con­nec­tion with the Ser­vices, CIS shall comply with the appli­ca­ble data pro­tec­tion law. To the extent that the Cus­to­mer requests in writing infor­ma­tion or reports on the data pro­tec­tion ope­ra­ted by CIS or cer­ti­fi­ca­tion in this respect, CIS shall provide these against reasonable reim­bur­se­ment of costs. If, in addi­tion, CIS pro­ces­ses per­so­nal data on behalf of the Cus­to­mer, the parties shall con­clude a sepa­rate written com­mis­sio­ned data agreement.

If and to the extent that the Cus­to­mer requi­res CIS on the basis of appli­ca­ble law (e.g. Section 92 (2) of the German Stock Cor­po­ra­tion Act (AktG), US Sar­ba­nes-Oxley Act) to intro­duce or main­tain certain data and IT secu­rity stan­dards which deviate from the stan­dards prac­ti­sed at CIS, or to submit reports on such stan­dards or cer­ti­fi­ca­ti­ons in this respect, CIS shall intro­duce or provide these against reasonable reim­bur­se­ment of costs. The cus­to­mer is aware that elec­tro­nic unen­crypted com­mu­ni­ca­tion (e.g. by email) is fraught with secu­rity risks. The­r­e­fore, the cus­to­mer shall not assert any claims related to this type of com­mu­ni­ca­tion or based on the lack of encryp­tion, unless such encryp­tion has been expressly sti­pu­la­ted in the indi­vi­dual order.

 

§ 19 Con­fi­den­tia­lity agreement

Each con­trac­ting party under­ta­kes to keep secret from third parties the content of each indi­vi­dual order, this con­tract as well as the data and infor­ma­tion dis­c­lo­sed or made acces­si­ble to it by the other con­trac­ting party — in wha­te­ver form — before or during the per­for­mance agree­ment, in par­ti­cu­lar access data, soft­ware, tech­ni­cal know-how, tech­ni­cal or busi­ness con­cepts and pre­sen­ta­ti­ons or other infor­ma­tion, irre­spec­tive of its content, to keep them secret from third parties, to use them only for the pur­po­ses of the rele­vant indi­vi­dual order and to exploit them — neither in whole nor in part — for its own pur­po­ses, in par­ti­cu­lar to copy or imitate them for com­mer­cial pur­po­ses, without the express written consent of the other con­trac­ting party, and to impose the same obli­ga­ti­ons on its employees and other third parties coming into contact with them to the extent legally possible.

Par. 1 shall not apply as long as and insofar as such con­fi­den­tial infor­ma­tion was already known to the respec­tive reci­pi­ent before­hand without an obli­ga­tion to main­tain secrecy or is or becomes gene­rally known without the respec­tive reci­pi­ent being respon­si­ble for this or is com­mu­ni­ca­ted or pro­vi­ded to the respec­tive reci­pi­ent by a third party without an obli­ga­tion to main­tain secrecy or has demons­tra­bly been inde­pendently deve­lo­ped by the reci­pi­ent or is to be made acces­si­ble to aut­ho­ri­ties due to legal pro­vi­si­ons or has been released in writing for dis­clo­sure by the pro­vi­ding con­trac­tual partner.

 

§ 20 Non-soli­ci­ta­tion and other conditions

The cus­to­mer shall refrain from soli­ci­ting employees of CIS (directly or via third parties), in par­ti­cu­lar from sub­mit­ting offers of employ­ment, for the dura­tion of this con­tract and for a period of six months after its ter­mi­na­tion. If the cus­to­mer brea­ches this obli­ga­tion, he shall pay CIS a con­trac­tual penalty of € 50,000 per breach. Further claims of CIS shall remain unaffected.

CIS shall be entit­led to name the cus­to­mer as a refe­rence cus­to­mer on the mar­ke­ting media used by CIS (e.g. website, flyer). The use of any logos and/or the publi­ca­tion of any press releases shall be mutually agreed between the con­trac­ting parties. This con­tract and each indi­vi­dual order between CIS and the Cus­to­mer and the con­clu­sion or ter­mi­na­tion thereof shall be gover­ned by the laws of the Federal Repu­blic of Germany. The UN Con­ven­tion on Con­tracts for the Inter­na­tio­nal Sale of Goods (CISG) shall not apply. The place of juris­dic­tion for any dispute arising out of or in con­nec­tion with this con­tract or an indi­vi­dual order — also in rela­tion to their for­ma­tion and ter­mi­na­tion — with a mer­chant, a legal entity under public law or a special fund under public law shall be the loca­tion of the defendant.

Decla­ra­ti­ons of intent (ter­mi­na­tion, etc.) and any com­mu­ni­ca­tion may be made using any available medium (post, fax, email, etc.). However, CIS and the cus­to­mer are mutually infor­med that, as a rule, the party invo­king the receipt and content of a par­ti­cu­lar decla­ra­tion of intent must prove receipt by the other con­trac­ting party. This proof can be dif­fi­cult with various forms (e.g. email) and should the­r­e­fore be in the form of a “regis­tered letter with advice of receipt”. Changes of address must be noti­fied to the con­trac­ting party without delay. The cus­to­mer may trans­fer the rights and obli­ga­ti­ons arising from this con­tract with CIS to a third party only with the prior written consent of CIS. CIS shall be entit­led to the same right under the cor­re­spon­ding con­di­ti­ons. The con­trac­tual rela­ti­ons between the con­trac­ting parties shall be gover­ned exclu­si­vely by German law. The Customer’s legal suc­ces­sors shall also be bound by the obli­ga­ti­ons arising from this con­tract. The General Terms and Con­di­ti­ons of CIS for Inter­net Pro­vi­ding are an inte­gral part of this con­tract and were available to the cus­to­mer at the time of signing this User Agree­ment. The cus­to­mer agrees to their validity.

 

§ 21 Decla­ra­tion of consent

The fol­lo­wing agree­ments shall apply to all con­tracts con­cluded with CIS.
Amend­ments and sup­ple­ments to all con­tracts / orders must be agreed in writing. This shall also apply in the event of an amend­ment to this para­graph. In the event of con­tra­dic­tory con­tents between these frame­work agree­ments and the rele­vant con­tract, indi­vi­dual order or similar agree­ments, the con­tents of the frame­work agree­ment shall be con­side­red sub­or­di­nate.
Should any pro­vi­sion of this con­tract or of an indi­vi­dual order be or become invalid or unen­forceable in whole or in part, this shall not affect the vali­dity of the con­tract con­cer­ned. In such a case, the con­trac­ting parties shall coope­rate to find a pro­vi­sion that cor­re­sponds to the invalid or unen­forceable pro­vi­sion in terms of the eco­no­mic result. Subject to changes, errors and misprints.