These General Terms and Conditions of Business (Terms & Conditions) are the contractual basis for all legal transactions of VALEO IT Services International GmbH.
In der Scheibe 3
Phone: +49 9607 2389-90
A party receiving confidential information (receiving party) is obliged to treat it in confidence; in doing so, it must exercise the same degree of care as it would exercise with its own information of comparable importance, but at least the degree of care customary in the industry. It may use the confidential information only for the purposes provided for in the contract. Confidential information may only be disclosed to employees or contractors who are bound by similar confidentiality obligations by the receiving party and may be used solely for the purposes provided for in the relevant contract. These obligations do not apply to information that
In the event of the end of life (EOL) of a product or a service, VALEO IT Services International GmbH shall continue to provide support for up to one year. The one-year period is determined by the EOL date announced by VALEO IT Services International GmbH. This also applies if an EOL is announced for an individual product or service and it is listed together with other products and/or services on a joint system certificate. In this case, VALEO IT Services International GmbH is entitled to a partial termination of support for the affected product and/or service and shall issue an updated system certificate to the customer if required. Service scope and/or duration may vary within the aforementioned period depending on the specific product or service type.
a) the customer accepts that VALEO IT Services International GmbH may remotely access the systems on the customer’s premises and process and store product data for remote monitoring, management and maintenance of the systems (such data shall be treated by VALEO IT GmbH as confidential information of the customer)
b) the customer undertakes to acquire or maintain at its own expense a bridge or gateway approved by VALEO IT Services International GmbH which is suitable for the systems or networks concerned
c) the customer accepts that it shall bear all telecommunications and internet access costs in connection with the remote services.
a) Individual contracts
For all services to be performed by VALEO IT Services International GmbH, VALEO IT Services International GmbH and the customer shall each sign an individual contract or service description in which the scope of the services ordered by the customer is specified in detail.
b) Business premises of the customer
System support is provided for the systems listed on the respective system certificate (listed systems) on the customer’s business premises. The customer shall inform VALEO IT Services International GmbH in writing at least 30 days before any change in the location of the listed systems about the new installation location. Whether support can be provided for the implemented systems depends on the availability on site. Additional fees may apply for support. Likewise, an inspection and a new certification may be required for the systems implemented, for which the applicable hourly and material rates of VALEO IT Services International GmbH shall be charged.
c) Avoidance of errors
The customer shall routinely carry out preventative maintenance and cleaning. Before the customer requests support from VALEO IT Services International GmbH, it shall first carry out the relevant procedures and measures for error analysis provided by VALEO IT Services International GmbH itself. If these troubleshooting efforts fail, the customer shall immediately notify VALEO IT Services International GmbH. The customer shall establish and maintain a procedure outside the listed systems for the recovery of lost or altered files, data or programmes.
d) Qualified employees
Hardware and software support may only be requested by employees of the customer who have the necessary expertise and training to be able to diagnose and rectify hardware and software faults under the instruction of VALEO IT Services International GmbH and who are named as contact persons.
e) Additional systems
The customer may supplement an individual contract with additional systems for a period corresponding to the term of the individual contract by submitting a written notification to VALEO IT Services International GmbH. The applicable pro rata fees per system apply to this. These systems may be checked by VALEO IT Services International GmbH. VALEO IT Services International GmbH shall send the customer an additional order confirmation showing the additional listed systems and the associated additional fees.
f) Exclusion of services
VALEO IT Services International GmbH is not obliged to perform the services if
The business hours of VALEO IT Services International GmbH are Monday to Friday from 08:00 to 17:00. The following surcharges apply to working hours outside these times:
a) Monday to Friday from 00:00 to 08:00 plus 50%
b) Monday to Friday from 20:00 to 24:00 plus 50%
c) Saturday 00:00 to 08:00 plus 100%
d) Saturday 08:00 to 20:00 plus 50%
e) Saturday 20:00 to 24:00 plus 100%
f) Sundays and public holidays 00:00 to 24:00 plus 100 %
VALEO IT Services International GmbH is entitled to adjust the fees and service content by notifying the customer in writing or electronically (i.e. by email) with a notice period of 60 days, provided that this does not unreasonably disadvantage the customer. If shorter notice periods are agreed on the basis of agreements between suppliers and VALEO IT Services International GmbH, VALEO IT Services International GmbH shall be entitled to shorten the agreed notice period of 60 days to a reasonable extent. The prerequisites and reasons for such a change in services or charges may be technical or legal requirements; in individual cases, economic requirements may also justify an adjustment.
The amendment shall be made in such a way and to such an extent that the interests of both parties are balanced as far as possible. If the customer does not wish to continue the contract with the modified charges, it is entitled to extraordinary written termination with a notice period of 14 days from the date of the change. Otherwise, the customer’s rights arising are excluded in this connection.
Services may not be available in certain locations. Services are subject to the availability of qualified VALEO IT Services International GmbH staff and equipment. Furthermore, the services may be subject to additional charges or supplementary provisions and payment of the applicable minimum fees. VALEO IT GmbH may replace or modify the services, provided that the services as a whole are not materially affected or altered as a result.
The customer acknowledges that the services are intended solely for the customer’s internal purposes and that the customer may not directly or indirectly transfer, lease or resell the services to any third party unless VALEO IT Services International GmbH authorises the customer to do so in writing