Foundations for our business
General Terms and Conditions
General Terms and Conditions
1. General
1.1 All business relations between Euronet Software GmbH (hereinafter referred to as ‘Euronet’) and its customers (hereinafter referred to as ‘customer’ or ‘Euronet user’) shall be governed exclusively by the following terms and conditions, unless otherwise expressly agreed in writing. This also applies if the customer has communicated or communicates his own, possibly deviating terms and conditions. These are hereby expressly rejected.
1.2 All offers are always subject to change. In any case, a contract shall only come into existence upon written order confirmation and in accordance with its content.
1.3 Changes to the design of the subject matter of the contract without prior notice during the delivery period are permissible, provided that the changes are standard and are reasonable for the customer. Technical changes are subject to the tolerances customary in the industry. The information given in catalogues, brochures, circulars, advertisements, illustrations and price lists regarding weight, dimensions, capacity, price, performance and the like are only approximate values. They shall only be binding if they are expressly agreed in the contract as binding contractual data.
1.4 The software supplied or made available as part of the Euronet system is used to store data for Euronet systems in a readable form. Making the data available beyond the functions implemented in the programme is not part of the contract. Data customisation in the event of a subsequent system change will be charged separately and appropriately.
1. General
1.1 All business relations between Euronet Software GmbH (hereinafter referred to as ‘Euronet’) and its customers (hereinafter referred to as ‘customer’ or ‘Euronet user’) shall be governed exclusively by the following terms and conditions, unless otherwise expressly agreed in writing. This also applies if the customer has communicated or communicates his own, possibly deviating terms and conditions. These are hereby expressly rejected.
1.2 All offers are always subject to change. In any case, a contract shall only come into existence upon written order confirmation and in accordance with its content.
1.3 Changes to the design of the subject matter of the contract without prior notice during the delivery period are permissible, provided that the changes are standard and are reasonable for the customer. Technical changes are subject to the tolerances customary in the industry. The information given in catalogues, brochures, circulars, advertisements, illustrations and price lists regarding weight, dimensions, capacity, price, performance and the like are only approximate values. They shall only be binding if they are expressly agreed in the contract as binding contractual data.
1.4 The software supplied or made available as part of the Euronet system is used to store data for Euronet systems in a readable form. Making the data available beyond the functions implemented in the programme is not part of the contract. Data customisation in the event of a subsequent system change will be charged separately and appropriately.
2. Payments
2.1 All changes to any agreed currency or the exchange rate to the euro occurring after conclusion of the contract shall be borne by the client.
2.2 Payments shall be made in cash in euros within 14 days of the invoice date, without any discount, unless otherwise expressly agreed in writing.
2.3 Bills of exchange, cheques and other payment orders shall only be accepted by agreement, on account of performance, without guarantee of protest and on condition that they are discountable. Discount charges shall be calculated from the due date of the invoice amount. The costs of collection, bank interest and charges shall be borne by the customer.
2.4 Payments made shall be offset against the older claim against the customer, even if the payment is made for specifically designated goods or services.
2.5 The customer may not assert any rights of retention from other transactions and the current business relationship. Offsetting is only possible if the counterclaim is undisputed or has been recognised by declaratory judgement.
2.6 If circumstances become known which indicate low creditworthiness, the customer shall be entitled to demand immediate adequate security or payment of the claim after conclusion of the contract and beyond § 321 BGB. If the customer defaults on a not insignificant part of his obligation, Euronet shall be entitled to declare all claims against the customer immediately due and payable.
2.1 All changes to any agreed currency or the exchange rate to the euro occurring after conclusion of the contract shall be borne by the client.
2.2 Payments shall be made in cash in euros within 14 days of the invoice date, without any discount, unless otherwise expressly agreed in writing.
2.3 Bills of exchange, cheques and other payment orders shall only be accepted by agreement, on account of performance, without guarantee of protest and on condition that they are discountable. Discount charges shall be calculated from the due date of the invoice amount. The costs of collection, bank interest and charges shall be borne by the customer.
2.4 Payments made shall be offset against the older claim against the customer, even if the payment is made for specifically designated goods or services.
2.5 The customer may not assert any rights of retention from other transactions and the current business relationship. Offsetting is only possible if the counterclaim is undisputed or has been recognised by declaratory judgement.
2.6 If circumstances become known which indicate low creditworthiness, the customer shall be entitled to demand immediate adequate security or payment of the claim after conclusion of the contract and beyond § 321 BGB. If the customer defaults on a not insignificant part of his obligation, Euronet shall be entitled to declare all claims against the customer immediately due and payable.
3. Guarantees and warranty
3.1 The warranty period for new hardware is 12 months from the date of delivery. A warranty period of 6 months applies to used and demonstration devices. The obligation is limited to free subsequent fulfilment within a reasonable period. If the subsequent fulfilment fails, the customer reserves the right to reduce the price or to withdraw from the contract at his discretion. Warranty claims shall lapse if the customer installs additional equipment not expressly agreed or has repairs carried out by third parties or if the equipment is moved to a location other than the agreed installation location without written consent, unless the customer proves that such changes or extensions are not the cause of the defect. Equipment subject to natural wear and tear is excluded from the warranty.
3.2 The customer may purchase a separate warranty for hardware or conclude a service contract. The associated services are regulated in the offer or as part of the corresponding warranty or service contract. A guarantee contract only exists if the agreement is expressly designated as a ‘guarantee’.
3.3 The following provision applies to software: The customer is aware that it is not possible, given the state of the art, to create software in such a way that it works error-free in all applications and combinations. The subject of the contract is therefore only software that basically fulfils the described functions.
3.4 In the case of software developed by Euronet itself, programme defects will be rectified free of charge within a reasonable period of time. In the case of software developed by Euronet itself and purchased by the customer from Euronet, this shall only apply if the customer notifies Euronet of the defect in writing in a comprehensible form within 12 months of delivery. The warranty does not apply to programmes or programme parts that have been modified or extended by the customer himself or by third parties on his behalf, unless the customer can prove that such modifications or extensions are not the cause of the defect.
3.1 The warranty period for new hardware is 12 months from the date of delivery. A warranty period of 6 months applies to used and demonstration devices. The obligation is limited to free subsequent fulfilment within a reasonable period. If the subsequent fulfilment fails, the customer reserves the right to reduce the price or to withdraw from the contract at his discretion. Warranty claims shall lapse if the customer installs additional equipment not expressly agreed or has repairs carried out by third parties or if the equipment is moved to a location other than the agreed installation location without written consent, unless the customer proves that such changes or extensions are not the cause of the defect. Equipment subject to natural wear and tear is excluded from the warranty.
3.2 The customer may purchase a separate warranty for hardware or conclude a service contract. The associated services are regulated in the offer or as part of the corresponding warranty or service contract. A guarantee contract only exists if the agreement is expressly designated as a ‘guarantee’.
3.3 The following provision applies to software: The customer is aware that it is not possible, given the state of the art, to create software in such a way that it works error-free in all applications and combinations. The subject of the contract is therefore only software that basically fulfils the described functions.
3.4 In the case of software developed by Euronet itself, programme defects will be rectified free of charge within a reasonable period of time. In the case of software developed by Euronet itself and purchased by the customer from Euronet, this shall only apply if the customer notifies Euronet of the defect in writing in a comprehensible form within 12 months of delivery. The warranty does not apply to programmes or programme parts that have been modified or extended by the customer himself or by third parties on his behalf, unless the customer can prove that such modifications or extensions are not the cause of the defect.
3.5 If the software is used on hardware not supplied by Euronet, the warranty shall only apply insofar as the customer can prove absolute compatibility and perfect functioning of the hardware. The functionality of the software can be proven on hardware provided by Euronet. If this proves that the software is free of defects, Euronet is entitled to charge the customer for the expenses incurred.
3.6 The customer is aware that the functionality of the software supplied by Euronet can be disrupted if this software is installed together with third-party programmes (e.g. software for online banking) on a server or computer. Euronet therefore assumes no warranty for functional problems that are based on the installation of third-party programmes on the same server or computer.
3.7 If the subsequent fulfilment fails, the customer reserves the right to reduce the price or, at his discretion (in the case of software purchases), to withdraw from the contract. In the case of the Euronet and Software Service Contract and the Euronet Cloud Service Data Backup, any right of cancellation on the part of the customer remains unaffected.
3.8 Further claims of the customer due to hardware, software or service defects are excluded, in particular claims for compensation for damages that have not occurred to the subject matter of the contract itself (consequential damages), e.g. in the event of loss or incorrect processing of data. This shall not apply in cases of wilful intent or gross negligence.
3.9 For all work, Euronet assumes, without asking, that all data and programmes have been sufficiently backed up, at least in duplicate. It is the responsibility of the customer to carry out this backup at appropriate intervals (at least once a week), even during operation, and to check the correctness of the data backup, unless the customer has commissioned Euronet with the data backup.
3.5 If the software is used on hardware not supplied by Euronet, the warranty shall only apply insofar as the customer can prove absolute compatibility and perfect functioning of the hardware. The functionality of the software can be proven on hardware provided by Euronet. If this proves that the software is free of defects, Euronet is entitled to charge the customer for the expenses incurred.
3.6 The customer is aware that the functionality of the software supplied by Euronet can be disrupted if this software is installed together with third-party programmes (e.g. software for online banking) on a server or computer. Euronet therefore assumes no warranty for functional problems that are based on the installation of third-party programmes on the same server or computer.
3.7 If the subsequent fulfilment fails, the customer reserves the right to reduce the price or, at his discretion (in the case of software purchases), to withdraw from the contract. In the case of the Euronet and Software Service Contract and the Euronet Cloud Service Data Backup, any right of cancellation on the part of the customer remains unaffected.
3.8 Further claims of the customer due to hardware, software or service defects are excluded, in particular claims for compensation for damages that have not occurred to the subject matter of the contract itself (consequential damages), e.g. in the event of loss or incorrect processing of data. This shall not apply in cases of wilful intent or gross negligence.
3.9 For all work, Euronet assumes, without asking, that all data and programmes have been sufficiently backed up, at least in duplicate. It is the responsibility of the customer to carry out this backup at appropriate intervals (at least once a week), even during operation, and to check the correctness of the data backup, unless the customer has commissioned Euronet with the data backup.
4. Liability
4.1 Euronet shall be liable without limitation in the event of intent or gross negligence as well as in the absence of a guaranteed characteristic for all damages attributable thereto.
4.2 In the event of slight negligence, Euronet shall be liable without limitation in the event of injury to life, limb or health. If Euronet is in default of performance due to slight negligence, if its performance has become impossible or if Euronet has breached a material obligation, liability for property damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. A material obligation is one whose fulfilment is essential for the proper execution of the contract, whose breach jeopardises the achievement of the purpose of the contract and on whose compliance the customer regularly relies.
4.3 Euronet shall only be liable for the loss of data in the event of slight negligence under the conditions and to the extent of clause 4.2 if the customer has also backed up his data at appropriate intervals (at least once a week) during operation and has checked the correctness of the data backup, unless the customer has commissioned Euronet with the data backup.
4.4 Liability for all other damages is excluded, whereby liability under the Product Liability Act remains unaffected.
4.5 Insofar as liability is excluded or limited in accordance with the above provisions, this shall also apply to the personal liability of all employees, staff, representatives and vicarious agents.
4.1 Euronet shall be liable without limitation in the event of intent or gross negligence as well as in the absence of a guaranteed characteristic for all damages attributable thereto.
4.2 In the event of slight negligence, Euronet shall be liable without limitation in the event of injury to life, limb or health. If Euronet is in default of performance due to slight negligence, if its performance has become impossible or if Euronet has breached a material obligation, liability for property damage and financial loss resulting therefrom shall be limited to the foreseeable damage typical for the contract. A material obligation is one whose fulfilment is essential for the proper execution of the contract, whose breach jeopardises the achievement of the purpose of the contract and on whose compliance the customer regularly relies.
4.3 Euronet shall only be liable for the loss of data in the event of slight negligence under the conditions and to the extent of clause 4.2 if the customer has also backed up his data at appropriate intervals (at least once a week) during operation and has checked the correctness of the data backup, unless the customer has commissioned Euronet with the data backup.
4.4 Liability for all other damages is excluded, whereby liability under the Product Liability Act remains unaffected.
4.5 Insofar as liability is excluded or limited in accordance with the above provisions, this shall also apply to the personal liability of all employees, staff, representatives and vicarious agents.
Additional conditions for the use of Euronet and the Software Service Agreement (Euronet and Software Service Agreement)
5. Subject of the additional provisions
5.1 In addition to the above terms and conditions, the following additional provisions apply to the use of the Euronet system and the software service contract.
5.2 Euronet integrates comprehensive industry software for opticians and hearing aid acousticians and a variety of Internet-based communication services on the basis of an industry-related extranet and connects opticians and hearing aid acousticians (Euronet users) with information providers from industry, associations and other institutions (Euronet partners).
5.3 The Euronet and Software Service Agreement governs the provision of Euronet communication services, the use of the basic software, the further development and maintenance of all Euronet software modules used in connection with Euronet, including the basic software, as well as telephone support for user queries.
5.4 The further development and maintenance of the software refers both to changes that become necessary due to legal or other binding provisions and to optimisations and improvements of the program functions.
5.5 Updates to the programmes shall be made available to the user at irregular intervals via Euronet or by data carrier. The new features or changes are documented in electronic form with the update or on the corresponding information pages in Euronet. There is no entitlement to a minimum number of updates.
5.6 Within the scope of this contract, Euronet guarantees the functionality of the delivered programme modules in accordance with the state of the art.
5.7 The Euronet and software service contract is concluded on a mandatory basis for all modules of a complete system. Individual modules cannot be excluded from the contract. The scope of the software modules used is documented in one or more system certificates, which are an integral part of the contract.
5.1 In addition to the above terms and conditions, the following additional provisions apply to the use of the Euronet system and the software service contract.
5.2 Euronet integrates comprehensive industry software for opticians and hearing aid acousticians and a variety of Internet-based communication services on the basis of an industry-related extranet and connects opticians and hearing aid acousticians (Euronet users) with information providers from industry, associations and other institutions (Euronet partners).
5.3 The Euronet and Software Service Agreement governs the provision of Euronet communication services, the use of the basic software, the further development and maintenance of all Euronet software modules used in connection with Euronet, including the basic software, as well as telephone support for user queries.
5.4 The further development and maintenance of the software refers both to changes that become necessary due to legal or other binding provisions and to optimisations and improvements of the program functions.
5.5 Updates to the programmes shall be made available to the user at irregular intervals via Euronet or by data carrier. The new features or changes are documented in electronic form with the update or on the corresponding information pages in Euronet. There is no entitlement to a minimum number of updates.
5.6 Within the scope of this contract, Euronet guarantees the functionality of the delivered programme modules in accordance with the state of the art.
5.7 The Euronet and software service contract is concluded on a mandatory basis for all modules of a complete system. Individual modules cannot be excluded from the contract. The scope of the software modules used is documented in one or more system certificates, which are an integral part of the contract.
5.8 Subsequently purchased software modules automatically become part of the concluded Euronet and software service contract and increase the fees accordingly. They are documented by a corresponding system certificate.
5.9 The Euronet and software service contract does not include the delivery of additional programme modules, insofar as these are also offered to new users as additional programme modules. The conversion to new programme generations is also not included in the scope of services.
5.10. The use of extension modules is only possible in conjunction with the Euronet basic software. If there is no authorisation to use the basic software, these modules can no longer be used. In this case, there is no entitlement to compensation for the alleged loss of use.
5.11. The Euronet and software service contract does not include services that are necessary in connection with an update to a new programme version. These will be charged separately on a time and material basis.
5.12. Part of the Euronet and software service contract is the use of the telephone hotline Monday to Friday from 8.00 to 18.00 and Saturday from 9.00 to 13.00, excluding public holidays in North Rhine-Westphalia. This contract does not entitle the Euronet user to compensation for costs incurred by the Euronet user, such as communication costs.
5.13. The Euronet and software service contract only covers the processing of telephone enquiries that are suitable for telephone support and can be dealt with appropriately in this way. The contract does not include instruction in complete programme functions or modules or support for the installation and use of hardware and software components not purchased from Euronet. Any on-site support that may be required is also not part of this contract; this will be charged separately on a time and material basis. Furthermore, no telephone support is provided for such software function problems that are attributable to the installation of third-party programmes on the same server or computer or to the connection of hardware components not expressly agreed.
5.8 Subsequently purchased software modules automatically become part of the concluded Euronet and software service contract and increase the fees accordingly. They are documented by a corresponding system certificate.
5.9 The Euronet and software service contract does not include the delivery of additional programme modules, insofar as these are also offered to new users as additional programme modules. The conversion to new programme generations is also not included in the scope of services.
5.10. The use of extension modules is only possible in conjunction with the Euronet basic software. If there is no authorisation to use the basic software, these modules can no longer be used. In this case, there is no entitlement to compensation for the alleged loss of use.
5.11. The Euronet and software service contract does not include services that are necessary in connection with an update to a new programme version. These will be charged separately on a time and material basis.
5.12. Part of the Euronet and software service contract is the use of the telephone hotline Monday to Friday from 8.00 to 18.00 and Saturday from 9.00 to 13.00, excluding public holidays in North Rhine-Westphalia. This contract does not entitle the Euronet user to compensation for costs incurred by the Euronet user, such as communication costs.
5.13. The Euronet and software service contract only covers the processing of telephone enquiries that are suitable for telephone support and can be dealt with appropriately in this way. The contract does not include instruction in complete programme functions or modules or support for the installation and use of hardware and software components not purchased from Euronet. Any on-site support that may be required is also not part of this contract; this will be charged separately on a time and material basis. Furthermore, no telephone support is provided for such software function problems that are attributable to the installation of third-party programmes on the same server or computer or to the connection of hardware components not expressly agreed.
6. Requirements for Euronet users
6.1 A prerequisite for the use of Euronet is that the Euronet user has the necessary hardware, software and communication infrastructure in proper and continuously maintained condition in accordance with the technical specifications. The current technical specifications can be requested at any time from Euronet's technical project support or viewed on the corresponding information pages in Euronet. The delivery of this hardware, software and communication infrastructure is not part of the Euronet and software service contract. Errors or usage restrictions resulting from defects in this hardware, software and communication infrastructure do not entitle the Euronet user to withhold or reduce payments or to assert other claims.
6.2 The Euronet user shall provide all data required for system access and billing correctly, completely and promptly and shall inform Euronet of any changes in good time. The required data includes, in particular, name, address, telephone number, e-mail address and bank details.
6.3 Euronet offers updates to the Euronet software at irregular intervals, which are made available to the Euronet user via Euronet or on a data carrier. Downloading these updates is a mandatory prerequisite for ensuring that the customer can use the latest version of the software and utilise the latest functionalities. Euronet points out that the functionality cannot be used or can only be used to a limited extent if the updates are not installed. In this case, Euronet is exempt from any liability if it can prove that the defect would not have occurred if the latest software version had been installed.
6.1 A prerequisite for the use of Euronet is that the Euronet user has the necessary hardware, software and communication infrastructure in proper and continuously maintained condition in accordance with the technical specifications. The current technical specifications can be requested at any time from Euronet's technical project support or viewed on the corresponding information pages in Euronet. The delivery of this hardware, software and communication infrastructure is not part of the Euronet and software service contract. Errors or usage restrictions resulting from defects in this hardware, software and communication infrastructure do not entitle the Euronet user to withhold or reduce payments or to assert other claims.
6.2 The Euronet user shall provide all data required for system access and billing correctly, completely and promptly and shall inform Euronet of any changes in good time. The required data includes, in particular, name, address, telephone number, e-mail address and bank details.
6.3 Euronet offers updates to the Euronet software at irregular intervals, which are made available to the Euronet user via Euronet or on a data carrier. Downloading these updates is a mandatory prerequisite for ensuring that the customer can use the latest version of the software and utilise the latest functionalities. Euronet points out that the functionality cannot be used or can only be used to a limited extent if the updates are not installed. In this case, Euronet is exempt from any liability if it can prove that the defect would not have occurred if the latest software version had been installed.
7. Legal transactions between Euronet users and Euronet partners
7.1 Euronet shall neither be obligated nor authorised by service and delivery orders or other legal transactions that come about with the help of Euronet between Euronet users and Euronet partners. In this context, Euronet assumes no guarantee or liability, regardless of the legal grounds, for either contractual partner.
7.2 Euronet is also not responsible, including within the meaning of press law, for the form and content of information provided via Euronet by Euronet users, Euronet partners or other providers.
7.1 Euronet shall neither be obligated nor authorised by service and delivery orders or other legal transactions that come about with the help of Euronet between Euronet users and Euronet partners. In this context, Euronet assumes no guarantee or liability, regardless of the legal grounds, for either contractual partner.
7.2 Euronet is also not responsible, including within the meaning of press law, for the form and content of information provided via Euronet by Euronet users, Euronet partners or other providers.
8. Duties and obligations of the Euronet user
8.1 Euronet users have the following obligations in particular:
a) The services of Euronet may not be misused, in particular
no legally prohibited, unsolicited information or other services may be sent, e.g. unwanted or unsolicited advertising,
no unlawful contact may be made by the Euronet user through the Euronet system (§ 238 StGB),
no information with illegal or immoral content may be transmitted and no reference may be made to such information. This includes, in particular, information that serves to incite hatred within the meaning of Sections 130, 130a and 131 of the German Criminal Code, incites criminal offences or glorifies or trivialises violence, is sexually offensive, is pornographic within the meaning of Section 184 of the German Criminal Code, is likely to seriously endanger the morals of children or young people or impair their well-being, or could damage the reputation of Euronet. The provisions of the Youth Protection Act must be observed,
care must be taken to ensure that the utilisation of individual functionalities and in particular the transmission of messages does not cause any impairment to Euronet or other third parties,
national and international copyright and trademark, patent, name and labelling rights as well as other industrial property rights and personal rights of third parties must be observed.
b) Personal access data (such as password/password) must not be passed on to third parties and must be kept protected from access by third parties. For security reasons, they should be changed when the system is first used and then at regular intervals. If there is reason to suspect that unauthorised persons have gained knowledge of the access data, the customer must change it immediately. They may only be stored on electronic storage media (e.g. PC, USB stick, CD-ROM) in encrypted form.
8.1 Euronet users have the following obligations in particular:
a) The services of Euronet may not be misused, in particular
no legally prohibited, unsolicited information or other services may be sent, e.g. unwanted or unsolicited advertising,
no unlawful contact may be made by the Euronet user through the Euronet system (§ 238 StGB),
no information with illegal or immoral content may be transmitted and no reference may be made to such information. This includes, in particular, information that serves to incite hatred within the meaning of Sections 130, 130a and 131 of the German Criminal Code, incites criminal offences or glorifies or trivialises violence, is sexually offensive, is pornographic within the meaning of Section 184 of the German Criminal Code, is likely to seriously endanger the morals of children or young people or impair their well-being, or could damage the reputation of Euronet. The provisions of the Youth Protection Act must be observed,
care must be taken to ensure that the utilisation of individual functionalities and in particular the transmission of messages does not cause any impairment to Euronet or other third parties,
national and international copyright and trademark, patent, name and labelling rights as well as other industrial property rights and personal rights of third parties must be observed.
b) Personal access data (such as password/password) must not be passed on to third parties and must be kept protected from access by third parties. For security reasons, they should be changed when the system is first used and then at regular intervals. If there is reason to suspect that unauthorised persons have gained knowledge of the access data, the customer must change it immediately. They may only be stored on electronic storage media (e.g. PC, USB stick, CD-ROM) in encrypted form.
c) The Euronet user must back up his data in a suitable form at intervals appropriate to the application (at least once a week) so that it can be restored with reasonable effort.
d) Euronet and its vicarious agents shall be indemnified against all claims of third parties that are based on an unlawful use of the services of Euronet by the customer or are carried out with his approval or that arise in particular from data protection, copyright or other legal disputes associated with the use of the functions of the Euronet system for the transmission of messages. If the customer recognises or must recognise that such an infringement is imminent, there is an obligation to inform Euronet immediately.
8.2 Euronet is authorised to block the services of the Euronet system at the customer's expense in the event of serious violations of the obligations incumbent upon the customer, as well as in the event of justified, substantial suspicion of a violation of obligations. In this case, the customer remains obliged to pay the agreed prices.
c) The Euronet user must back up his data in a suitable form at intervals appropriate to the application (at least once a week) so that it can be restored with reasonable effort.
d) Euronet and its vicarious agents shall be indemnified against all claims of third parties that are based on an unlawful use of the services of Euronet by the customer or are carried out with his approval or that arise in particular from data protection, copyright or other legal disputes associated with the use of the functions of the Euronet system for the transmission of messages. If the customer recognises or must recognise that such an infringement is imminent, there is an obligation to inform Euronet immediately.
8.2 Euronet is authorised to block the services of the Euronet system at the customer's expense in the event of serious violations of the obligations incumbent upon the customer, as well as in the event of justified, substantial suspicion of a violation of obligations. In this case, the customer remains obliged to pay the agreed prices.
9. Third party usage
9.1 The Euronet user is not permitted to allow third parties to use the Euronet system or parts thereof or to sublet it to third parties.
9.2 The Euronet user must also pay the prices incurred through authorised or unauthorised use of the products by third parties, if and insofar as he is responsible for this use.
9.1 The Euronet user is not permitted to allow third parties to use the Euronet system or parts thereof or to sublet it to third parties.
9.2 The Euronet user must also pay the prices incurred through authorised or unauthorised use of the products by third parties, if and insofar as he is responsible for this use.
10. Privacy policy in Euronet
10.1 Euronet stores and processes all Euronet user data required for operation and billing in electronic form. Transactions in Euronet are also stored and processed electronically, if this is necessary for proper operation, without corresponding notification in individual cases.
10.2 Euronet may pass on address data of Euronet users to Euronet partners in order to enable direct addressing of the Euronet user by the Euronet partner. Euronet is entitled to use all stored data for further processing and analysis and to forward anonymised data on the usage behaviour of Euronet users to Euronet partners. Conclusions about individual Euronet users are excluded to the best of our knowledge and belief.
10.3 The storage, processing and dissemination of information shall be carried out in compliance with the relevant data protection regulations.
10.1 Euronet stores and processes all Euronet user data required for operation and billing in electronic form. Transactions in Euronet are also stored and processed electronically, if this is necessary for proper operation, without corresponding notification in individual cases.
10.2 Euronet may pass on address data of Euronet users to Euronet partners in order to enable direct addressing of the Euronet user by the Euronet partner. Euronet is entitled to use all stored data for further processing and analysis and to forward anonymised data on the usage behaviour of Euronet users to Euronet partners. Conclusions about individual Euronet users are excluded to the best of our knowledge and belief.
10.3 The storage, processing and dissemination of information shall be carried out in compliance with the relevant data protection regulations.
11. Changes to the terms of use
We reserve the right to make technical changes to further develop Euronet in accordance with the agreed terms of use. This applies in particular to changes to the services and technical requirements of the Euronet user. Euronet users will be notified of changes to the terms of use via Euronet itself on the relevant information pages when they come into effect. The Euronet user's right of cancellation due to changes to the terms of use in accordance with section 13.2 remains unaffected.
We reserve the right to make technical changes to further develop Euronet in accordance with the agreed terms of use. This applies in particular to changes to the services and technical requirements of the Euronet user. Euronet users will be notified of changes to the terms of use via Euronet itself on the relevant information pages when they come into effect. The Euronet user's right of cancellation due to changes to the terms of use in accordance with section 13.2 remains unaffected.
12. Prices and payments
12.1 The prices applicable at the time of conclusion of the contract are based on the Euronet price list valid at that time. Software service fees are calculated as a percentage, which can also be found in the price list, of the list price of the corresponding software modules or as a lump sum per software module. For the start month, the fee for Euronet use and software service shall apply pro rata according to the remaining calendar days up to the last day of the month. All fees are subject to VAT at the statutory rate.
12.2 Increases in personnel and material costs can lead to an increase in the fees for Euronet utilisation and software service. Euronet is authorised to increase the agreed fees with a notice period of 3 months. Price changes will be communicated on the relevant Euronet information pages or by e-mail. The Euronet user's right of cancellation due to price changes in accordance with Clause 13.2 remains unaffected. A change in the VAT rate does not require notification, nor does it permit cancellation of the service contract.
12.3 Payment of the flat-rate fee for Euronet usage and software service shall be made in advance by direct debit without a separate receipt by the 5th of the billing month. Transaction-based, time-based or volume-based fees are charged with the direct debit following the billing period.
12.4 To prove the payment claim, it is sufficient to state the fees, the contract number and, if necessary, the VAT statement on the bank receipt.
12.5 Euronet can provide the billing items on the corresponding information pages in Euronet that are only accessible to Euronet users and are protected by suitable access restrictions. A separate written statement will be issued annually upon request.
12.6 In the event of a delay in payment of more than 2 monthly flat rates, Euronet is entitled to suspend services and thus also to block the Euronet software until all claims arising from the service contract have been settled.
12.1 The prices applicable at the time of conclusion of the contract are based on the Euronet price list valid at that time. Software service fees are calculated as a percentage, which can also be found in the price list, of the list price of the corresponding software modules or as a lump sum per software module. For the start month, the fee for Euronet use and software service shall apply pro rata according to the remaining calendar days up to the last day of the month. All fees are subject to VAT at the statutory rate.
12.2 Increases in personnel and material costs can lead to an increase in the fees for Euronet utilisation and software service. Euronet is authorised to increase the agreed fees with a notice period of 3 months. Price changes will be communicated on the relevant Euronet information pages or by e-mail. The Euronet user's right of cancellation due to price changes in accordance with Clause 13.2 remains unaffected. A change in the VAT rate does not require notification, nor does it permit cancellation of the service contract.
12.3 Payment of the flat-rate fee for Euronet usage and software service shall be made in advance by direct debit without a separate receipt by the 5th of the billing month. Transaction-based, time-based or volume-based fees are charged with the direct debit following the billing period.
12.4 To prove the payment claim, it is sufficient to state the fees, the contract number and, if necessary, the VAT statement on the bank receipt.
12.5 Euronet can provide the billing items on the corresponding information pages in Euronet that are only accessible to Euronet users and are protected by suitable access restrictions. A separate written statement will be issued annually upon request.
12.6 In the event of a delay in payment of more than 2 monthly flat rates, Euronet is entitled to suspend services and thus also to block the Euronet software until all claims arising from the service contract have been settled.
13. Contract duration
13.1 The minimum term for Euronet usage and software service is 12 months from the first day of the month following the installation date. In deviation from this, longer minimum contract terms may be agreed, in particular in connection with special services. The contract can be cancelled in writing with three months' notice to the end of a contract year. It shall be automatically extended by a further year in each case if neither of the contracting parties gives three months' written notice of cancellation before the end of the contract year.
13.2 The Euronet user may also terminate the contract in writing with a notice period of one month to the end of the following month
-within one month of notification of a change to the terms of use in accordance with Section 11 of these Terms and Conditions
- within one month of notification of a price change in accordance with Section 12.2 of these Terms and Conditions.
13.3 The right to extraordinary written cancellation without observing a notice period for good cause remains unaffected for both contracting parties. In particular, Euronet is entitled to extraordinary cancellation without notice if the Euronet user defaults on all obligations under this contract in an amount equal to four times the monthly flat-rate fee.
13.1 The minimum term for Euronet usage and software service is 12 months from the first day of the month following the installation date. In deviation from this, longer minimum contract terms may be agreed, in particular in connection with special services. The contract can be cancelled in writing with three months' notice to the end of a contract year. It shall be automatically extended by a further year in each case if neither of the contracting parties gives three months' written notice of cancellation before the end of the contract year.
13.2 The Euronet user may also terminate the contract in writing with a notice period of one month to the end of the following month
-within one month of notification of a change to the terms of use in accordance with Section 11 of these Terms and Conditions
- within one month of notification of a price change in accordance with Section 12.2 of these Terms and Conditions.
13.3 The right to extraordinary written cancellation without observing a notice period for good cause remains unaffected for both contracting parties. In particular, Euronet is entitled to extraordinary cancellation without notice if the Euronet user defaults on all obligations under this contract in an amount equal to four times the monthly flat-rate fee.
13.4 Upon termination of the contractual relationship, the Euronet user is obligated to completely and finally delete the software provided to him within the scope of the Euronet licence agreement, including all copies that may exist. If data carriers, documentation, materials or other documents have been provided to the Euronet user, he is obliged to return them free of charge to Euronet. The Euronet user is expressly informed that after termination of the contractual relationship he may not continue to use the software provided under the Euronet licence agreement and that failure to do so will constitute a breach of copyright.
13.5 The service contract always applies to all software modules of a complete system. If individual software modules are cancelled, further use of these modules is not possible. Compensation claims for loss of use cannot be asserted.
13.6 Upon termination of the contractual relationship, access to Euronet shall be blocked.
13.4 Upon termination of the contractual relationship, the Euronet user is obligated to completely and finally delete the software provided to him within the scope of the Euronet licence agreement, including all copies that may exist. If data carriers, documentation, materials or other documents have been provided to the Euronet user, he is obliged to return them free of charge to Euronet. The Euronet user is expressly informed that after termination of the contractual relationship he may not continue to use the software provided under the Euronet licence agreement and that failure to do so will constitute a breach of copyright.
13.5 The service contract always applies to all software modules of a complete system. If individual software modules are cancelled, further use of these modules is not possible. Compensation claims for loss of use cannot be asserted.
13.6 Upon termination of the contractual relationship, access to Euronet shall be blocked.
14. Prohibition of reproduction
All information disseminated in Euronet is protected and may not be reproduced or made accessible to persons other than employees of the Euronet user, except for personal use or for the user's own archiving purposes. The relevant legal regulations apply.
All information disseminated in Euronet is protected and may not be reproduced or made accessible to persons other than employees of the Euronet user, except for personal use or for the user's own archiving purposes. The relevant legal regulations apply.
15. Closed user groups
If additional services are made available to closed user groups in Euronet, Euronet users can only use these services if they belong to the closed user group. Additional services that are subject to additional remuneration according to the Euronet service description and the Euronet price list will be charged additionally.
If additional services are made available to closed user groups in Euronet, Euronet users can only use these services if they belong to the closed user group. Additional services that are subject to additional remuneration according to the Euronet service description and the Euronet price list will be charged additionally.
Additional conditions for deliveries, in particular of hardware and software
16. Delivery and performance
16.1 Agreed delivery times or delivery dates shall be deemed to be approximate and shall not be exceeded up to a full stop of two weeks. An individually agreed delivery time shall commence on the day on which the order confirmation is dispatched. The delivery time shall be deemed to have been met if the goods have been dispatched by the end of the delivery time or the possibility of dispatching the goods has been notified.
16.2 Unless a different delivery time is agreed individually, a standard delivery time of 8 weeks after the order date shall apply.
16.3 The delivery time shall be extended appropriately - even within a possible delay in delivery - in the event of unforeseeable obstacles that could not be averted by exercising reasonable care in the circumstances of the case. This applies in particular to operational disruptions - both at Euronet and in external companies on which production and transport depend - caused by war, strikes, lockouts, riots, coal and energy shortages, failure of means of transport and traffic, labour restrictions and all other cases of force majeure. The customer shall be informed of such hindrances as soon as they become known, unless the hindrance is already generally known.
16.4 The agreed delivery period shall also be extended by the period during which the customer is in default with its obligations under this or any other agreement with Euronet. Any further rights with regard to the customer's default shall remain unaffected.
16.5 The customer is only entitled to withdraw from the contract due to non-compliance with the delivery deadline if he has set a reasonable grace period in writing. The grace period must be sufficient to complete the performance already commenced; as a rule, it may not be shorter than two weeks. After expiry of this period, the customer may assert his statutory rights with the proviso that in the event that the delay in delivery is only due to simple negligence, the obligation to pay compensation shall be limited to the amount of the purchase price and to such damages that arise as a result of other procurement of the goods. Further claims are excluded.
16.6 If an agreed delivery date or an agreed delivery period is postponed at the customer's request, Euronet shall be entitled to invoice the expenses incurred as a result, e.g. for storage and financing.
16.7 If the contract is amended after the order confirmation has been sent, the initially agreed delivery time shall lapse. Instead, a new delivery period in accordance with the new order confirmation shall commence upon dispatch of the confirmation of the order amendment.
16.1 Agreed delivery times or delivery dates shall be deemed to be approximate and shall not be exceeded up to a full stop of two weeks. An individually agreed delivery time shall commence on the day on which the order confirmation is dispatched. The delivery time shall be deemed to have been met if the goods have been dispatched by the end of the delivery time or the possibility of dispatching the goods has been notified.
16.2 Unless a different delivery time is agreed individually, a standard delivery time of 8 weeks after the order date shall apply.
16.3 The delivery time shall be extended appropriately - even within a possible delay in delivery - in the event of unforeseeable obstacles that could not be averted by exercising reasonable care in the circumstances of the case. This applies in particular to operational disruptions - both at Euronet and in external companies on which production and transport depend - caused by war, strikes, lockouts, riots, coal and energy shortages, failure of means of transport and traffic, labour restrictions and all other cases of force majeure. The customer shall be informed of such hindrances as soon as they become known, unless the hindrance is already generally known.
16.4 The agreed delivery period shall also be extended by the period during which the customer is in default with its obligations under this or any other agreement with Euronet. Any further rights with regard to the customer's default shall remain unaffected.
16.5 The customer is only entitled to withdraw from the contract due to non-compliance with the delivery deadline if he has set a reasonable grace period in writing. The grace period must be sufficient to complete the performance already commenced; as a rule, it may not be shorter than two weeks. After expiry of this period, the customer may assert his statutory rights with the proviso that in the event that the delay in delivery is only due to simple negligence, the obligation to pay compensation shall be limited to the amount of the purchase price and to such damages that arise as a result of other procurement of the goods. Further claims are excluded.
16.6 If an agreed delivery date or an agreed delivery period is postponed at the customer's request, Euronet shall be entitled to invoice the expenses incurred as a result, e.g. for storage and financing.
16.7 If the contract is amended after the order confirmation has been sent, the initially agreed delivery time shall lapse. Instead, a new delivery period in accordance with the new order confirmation shall commence upon dispatch of the confirmation of the order amendment.
16.8 In the event of premature delivery, the time of this delivery and not the originally agreed time shall be decisive.
16.9 Correct and timely self-delivery is in any case a prerequisite for compliance with the delivery time.
16.10. After conclusion of a purchase contract, the customer shall receive notification of the time of the planned installation or the time at which the customer can take receipt of the goods (notification of readiness for delivery).
16.11. If the customer remains in arrears with the acceptance of the contractual object for longer than 10 working days from receipt of the notification of readiness, Euronet is entitled, after setting a grace period of 10 working days, to withdraw from the contract and/or to demand compensation for non-fulfilment.
16.12. A grace period need not be set if the customer seriously and definitively refuses acceptance or is obviously unable to pay the purchase price within this period; in the latter case, the goods need not be expressly made available for acceptance again.
16.13. If a claim for damages exists in accordance with the above paragraph, this shall amount to a lump sum of 10% of the purchase price. A deviation from the lump sum is permitted if Euronet proves higher damages or the customer proves lower damages.
16.14. The risk of accidental loss or accidental deterioration of the delivery items shall pass to the customer at the moment at which the goods are handed over to the first transport person. The customer is nevertheless obliged to check the goods for any damage upon delivery and to have this confirmed by the deliverer. Damage reports must be submitted to Euronet immediately and in writing (in advance by fax). If the customer is a merchant, the provisions of §§ 376 - 379 HGB apply. The customer shall secure the damaged goods including the packaging material for evidence purposes if necessary.
16.15. Partial deliveries shall be accepted insofar as the use of the subject matter of the contract is not significantly restricted and this is reasonable for the customer. Any warranty rights of the customer remain unaffected.
16.16. Before installation of the delivery item, the installation site, the power supply and the necessary in-house cabling must be set up by the customer in accordance with the requirements. Euronet shall be informed by the customer of any special features in good time without special request.
16.8 In the event of premature delivery, the time of this delivery and not the originally agreed time shall be decisive.
16.9 Correct and timely self-delivery is in any case a prerequisite for compliance with the delivery time.
16.10. After conclusion of a purchase contract, the customer shall receive notification of the time of the planned installation or the time at which the customer can take receipt of the goods (notification of readiness for delivery).
16.11. If the customer remains in arrears with the acceptance of the contractual object for longer than 10 working days from receipt of the notification of readiness, Euronet is entitled, after setting a grace period of 10 working days, to withdraw from the contract and/or to demand compensation for non-fulfilment.
16.12. A grace period need not be set if the customer seriously and definitively refuses acceptance or is obviously unable to pay the purchase price within this period; in the latter case, the goods need not be expressly made available for acceptance again.
16.13. If a claim for damages exists in accordance with the above paragraph, this shall amount to a lump sum of 10% of the purchase price. A deviation from the lump sum is permitted if Euronet proves higher damages or the customer proves lower damages.
16.14. The risk of accidental loss or accidental deterioration of the delivery items shall pass to the customer at the moment at which the goods are handed over to the first transport person. The customer is nevertheless obliged to check the goods for any damage upon delivery and to have this confirmed by the deliverer. Damage reports must be submitted to Euronet immediately and in writing (in advance by fax). If the customer is a merchant, the provisions of §§ 376 - 379 HGB apply. The customer shall secure the damaged goods including the packaging material for evidence purposes if necessary.
16.15. Partial deliveries shall be accepted insofar as the use of the subject matter of the contract is not significantly restricted and this is reasonable for the customer. Any warranty rights of the customer remain unaffected.
16.16. Before installation of the delivery item, the installation site, the power supply and the necessary in-house cabling must be set up by the customer in accordance with the requirements. Euronet shall be informed by the customer of any special features in good time without special request.
17. Prices
17.1 All prices include the costs of packaging and transport insurance plus statutory VAT. The shipping costs depend on the subject matter of the contract and are regulated in the individual agreements. An appropriate flat-rate shipping fee shall be charged for the delivery of consumables and spare parts.
17.2 The prices do not include work carried out by the customer, preparatory measures for installation, electrical and other cable connections or the installation work itself.
17.3 In the case of agreed prices, the right is reserved to demand a corresponding change in the agreed price in the event of a change in material prices, wages, freight rates, energy costs, VAT, customs duties, unless the delivery is made within 8 weeks, in the case of non-merchants 4 months, after order confirmation. In the event that cost increases occur in the price increase factors, in particular those relating to raw materials purchased from suppliers, the agreed price may be increased accordingly under the aforementioned conditions, provided that the cost increases have occurred by the time of delivery.
17.1 All prices include the costs of packaging and transport insurance plus statutory VAT. The shipping costs depend on the subject matter of the contract and are regulated in the individual agreements. An appropriate flat-rate shipping fee shall be charged for the delivery of consumables and spare parts.
17.2 The prices do not include work carried out by the customer, preparatory measures for installation, electrical and other cable connections or the installation work itself.
17.3 In the case of agreed prices, the right is reserved to demand a corresponding change in the agreed price in the event of a change in material prices, wages, freight rates, energy costs, VAT, customs duties, unless the delivery is made within 8 weeks, in the case of non-merchants 4 months, after order confirmation. In the event that cost increases occur in the price increase factors, in particular those relating to raw materials purchased from suppliers, the agreed price may be increased accordingly under the aforementioned conditions, provided that the cost increases have occurred by the time of delivery.
18. Reservation of ownership
18.1 The delivered goods remain the property of Euronet until the customer has paid all claims arising from the business relationship, including future claims, in particular any current account balance. The presentation of a bill of exchange or cheque is only deemed to be payment when the paper has been honoured. During the period of retention of title, the customer shall bear the risk of loss and deterioration of the goods until they have been paid for in full.
18.2 All rights, in particular ownership, copyrights and the like to technical drawings, assembly instructions or other documents supplied or otherwise handed over to the customer shall remain with Euronet and shall not be transferred to the customer. The customer may not pass these documents on to third parties unless this is absolutely necessary to fulfil the purpose of the order.
18.3 The customer must inform Euronet immediately of any legal or actual access by third parties to the reserved goods, handing over the documents necessary for an intervention. In the same way, he must inform Euronet immediately in writing of any damage to or loss of goods subject to retention of title. In the event of seizure by third parties, Euronet must be presented with the seizure protocol or the seizure order. The notification must, as far as possible, be made in advance in writing (e-mail, fax).
18.4 If the customer acts in breach of contract, in particular in the event of default in payment or expected suspension of payment, Euronet shall be entitled to take back the goods subject to retention of title at the customer's expense or to demand the assignment of any claims for restitution against third parties. These rights also exist if the secured claims are time-barred. After withdrawal from the contract and taking back the goods, Euronet is authorised to sell them; the proceeds from the sale are to be offset against the customer's liability - less reasonable administrative costs.
The right to repossession in accordance with the above paragraph authorises Euronet to collect the reserved goods in the customer's possession. The customer must allow the employees authorised to collect the reserved goods access to the business premises during office hours - even without prior notification.
The exercise of rights arising from the retention of title or a request for the return of goods shall not be deemed a cancellation of the contract, unless this has been expressly declared in writing by Euronet. § Section 508 (2) sentences 4 and 5 BGB remain unaffected, insofar as these provisions apply.
18.1 The delivered goods remain the property of Euronet until the customer has paid all claims arising from the business relationship, including future claims, in particular any current account balance. The presentation of a bill of exchange or cheque is only deemed to be payment when the paper has been honoured. During the period of retention of title, the customer shall bear the risk of loss and deterioration of the goods until they have been paid for in full.
18.2 All rights, in particular ownership, copyrights and the like to technical drawings, assembly instructions or other documents supplied or otherwise handed over to the customer shall remain with Euronet and shall not be transferred to the customer. The customer may not pass these documents on to third parties unless this is absolutely necessary to fulfil the purpose of the order.
18.3 The customer must inform Euronet immediately of any legal or actual access by third parties to the reserved goods, handing over the documents necessary for an intervention. In the same way, he must inform Euronet immediately in writing of any damage to or loss of goods subject to retention of title. In the event of seizure by third parties, Euronet must be presented with the seizure protocol or the seizure order. The notification must, as far as possible, be made in advance in writing (e-mail, fax).
18.4 If the customer acts in breach of contract, in particular in the event of default in payment or expected suspension of payment, Euronet shall be entitled to take back the goods subject to retention of title at the customer's expense or to demand the assignment of any claims for restitution against third parties. These rights also exist if the secured claims are time-barred. After withdrawal from the contract and taking back the goods, Euronet is authorised to sell them; the proceeds from the sale are to be offset against the customer's liability - less reasonable administrative costs.
The right to repossession in accordance with the above paragraph authorises Euronet to collect the reserved goods in the customer's possession. The customer must allow the employees authorised to collect the reserved goods access to the business premises during office hours - even without prior notification.
The exercise of rights arising from the retention of title or a request for the return of goods shall not be deemed a cancellation of the contract, unless this has been expressly declared in writing by Euronet. § Section 508 (2) sentences 4 and 5 BGB remain unaffected, insofar as these provisions apply.
19. Usage of Software
19.1 The customer shall receive the non-exclusive right to use the delivered standard software and programme documentation for a computer system within the scope of the existing usage and service contract. Any further use, in particular multiple use or use on an extended or other system, shall require a licence. Other types of utilisation require prior written consent.
19.2 A transfer of rights and obligations under this contract with regard to standard software supplied to the customer is possible as a whole in such a way that another party becomes the authorised user in place of the customer. The obligations arising from this contract must also be imposed on this party. A transfer to a third party is only permitted if the customer informs Euronet in writing in advance about the details and the person of the third party and declares that he will not carry out any acts of utilisation with regard to the software after the transfer.
19.1 The customer shall receive the non-exclusive right to use the delivered standard software and programme documentation for a computer system within the scope of the existing usage and service contract. Any further use, in particular multiple use or use on an extended or other system, shall require a licence. Other types of utilisation require prior written consent.
19.2 A transfer of rights and obligations under this contract with regard to standard software supplied to the customer is possible as a whole in such a way that another party becomes the authorised user in place of the customer. The obligations arising from this contract must also be imposed on this party. A transfer to a third party is only permitted if the customer informs Euronet in writing in advance about the details and the person of the third party and declares that he will not carry out any acts of utilisation with regard to the software after the transfer.
19.3 All rights to the programmes and documentation remain with Euronet. The making of copies or other reproductions of programmes or documents provided is only permitted for the customer's own use for backup and archiving purposes. All information about the software and other documents must be treated confidentially by the customer. The information may only be used within the scope of the respective contract. The customer shall be liable for damages due to misuse of the programmes, in particular in the event of unauthorised extension of use or disclosure to third parties, as a result of a culpable breach of contractual obligations by the customer.
19.4 Notwithstanding the claims for damages regulated under 19.3, the customer shall be obliged to pay the seller a contractual penalty in the amount of the respective scope of the software order if, contrary to the provisions of clauses 19.1, 19.2 or 19.3, he culpably reproduces programmes or documentation or has them reproduced and makes them available to third parties or uses them to an inadmissible extent.
19.3 All rights to the programmes and documentation remain with Euronet. The making of copies or other reproductions of programmes or documents provided is only permitted for the customer's own use for backup and archiving purposes. All information about the software and other documents must be treated confidentially by the customer. The information may only be used within the scope of the respective contract. The customer shall be liable for damages due to misuse of the programmes, in particular in the event of unauthorised extension of use or disclosure to third parties, as a result of a culpable breach of contractual obligations by the customer.
19.4 Notwithstanding the claims for damages regulated under 19.3, the customer shall be obliged to pay the seller a contractual penalty in the amount of the respective scope of the software order if, contrary to the provisions of clauses 19.1, 19.2 or 19.3, he culpably reproduces programmes or documentation or has them reproduced and makes them available to third parties or uses them to an inadmissible extent.
Additional conditions for the Euronet Cloud Service Data backup
Subject of the additional provisions
In addition to the above General Terms and Conditions, the following additional provisions apply to the use of the Euronet Cloud Service Data Backup.
In addition to the above General Terms and Conditions, the following additional provisions apply to the use of the Euronet Cloud Service Data Backup.
20. Services
20.1 Euronet automatically transmits all relevant data from the Euronet system online in the background to a high-performance data centre selected by Euronet in Germany or another EU country, if necessary during operation. The data is first compressed and encrypted and then transferred to the data centre in a Euronet-specific format. A full backup is performed once a week. In addition, all changes are backed up daily. Up to four historical backup copies are backed up simultaneously. In the data centre, the data is transferred to an area reserved and secured for each customer; all data is backed up again in the data centre on another system.
20.2 As part of the data backup, the data contained in the Euronet database is checked for readability. The content is not checked, nor is it checked for viruses or other malware. In the case of third-party data, only the file size of the transferred file is checked. Here too, there is no content check or check for viruses or other malware.
20.3 If a corresponding additional order has been concluded, Euronet shall also secure third-party data of the customer from systems other than the Euronet system in accordance with Clause 21.1. In this context, express reference is made to clause 23.1. a).
20.4 Any irregularities or failure to back up data shall be reported to the customer and the Euronet hotline. Euronet hotline services are not part of the Euronet Cloud Service Data Backup.
20.5 Upon request, Euronet shall transfer the backed-up data to the customer online or via a suitable data carrier to the customer's IT system. In the case of transfer via data carrier, the data carrier remains the property of Euronet. Within the scope of this contract, data is transferred free of charge up to 4 times per contract year. An appropriate fee will be charged for transfers beyond this.
20.1 Euronet automatically transmits all relevant data from the Euronet system online in the background to a high-performance data centre selected by Euronet in Germany or another EU country, if necessary during operation. The data is first compressed and encrypted and then transferred to the data centre in a Euronet-specific format. A full backup is performed once a week. In addition, all changes are backed up daily. Up to four historical backup copies are backed up simultaneously. In the data centre, the data is transferred to an area reserved and secured for each customer; all data is backed up again in the data centre on another system.
20.2 As part of the data backup, the data contained in the Euronet database is checked for readability. The content is not checked, nor is it checked for viruses or other malware. In the case of third-party data, only the file size of the transferred file is checked. Here too, there is no content check or check for viruses or other malware.
20.3 If a corresponding additional order has been concluded, Euronet shall also secure third-party data of the customer from systems other than the Euronet system in accordance with Clause 21.1. In this context, express reference is made to clause 23.1. a).
20.4 Any irregularities or failure to back up data shall be reported to the customer and the Euronet hotline. Euronet hotline services are not part of the Euronet Cloud Service Data Backup.
20.5 Upon request, Euronet shall transfer the backed-up data to the customer online or via a suitable data carrier to the customer's IT system. In the case of transfer via data carrier, the data carrier remains the property of Euronet. Within the scope of this contract, data is transferred free of charge up to 4 times per contract year. An appropriate fee will be charged for transfers beyond this.
21. Technical Requirements
21.1 A prerequisite for the use of the Euronet Cloud Service Data Backup is that the customer has the hardware with the corresponding hard drive capacity, software and communication infrastructure required for the use of Euronet in a proper and continuously maintained condition in accordance with the technical specifications. The free hard disc capacity must be at least 2.5 times the size of the data to be backed up. Further technical specifications can be requested at any time from Euronet's technical project support or viewed on the relevant Euronet information pages. The delivery and installation of hardware, software and communication infrastructure is not part of the Euronet Cloud Service Data Backup. Errors and usage restrictions resulting from defects in this hardware, software and communication infrastructure do not entitle the customer to withhold or reduce payments or to assert other claims.
21.2 The customer must have an uninterrupted Internet connection as a prerequisite for the Euronet Cloud Services Data Backup. The Internet connection is not part of the data backup service. The quality and in particular the performance of the Internet connection (upload speed) are decisive for the performance of the data backup. Disruptions in the Internet connection or low upload speeds can lead to significant restrictions in data backup, over which Euronet has no influence and for which Euronet is not responsible.
21.3 The customer must also use the Euronet system and be authorised to do so.
21.4 The customer shall provide all data required for system access and billing correctly, completely and promptly and shall inform Euronet of any changes in good time. The required data includes, in particular, name, address, telephone number, e-mail address and bank details.
21.5 Section 6.3 shall apply accordingly.
21.1 A prerequisite for the use of the Euronet Cloud Service Data Backup is that the customer has the hardware with the corresponding hard drive capacity, software and communication infrastructure required for the use of Euronet in a proper and continuously maintained condition in accordance with the technical specifications. The free hard disc capacity must be at least 2.5 times the size of the data to be backed up. Further technical specifications can be requested at any time from Euronet's technical project support or viewed on the relevant Euronet information pages. The delivery and installation of hardware, software and communication infrastructure is not part of the Euronet Cloud Service Data Backup. Errors and usage restrictions resulting from defects in this hardware, software and communication infrastructure do not entitle the customer to withhold or reduce payments or to assert other claims.
21.2 The customer must have an uninterrupted Internet connection as a prerequisite for the Euronet Cloud Services Data Backup. The Internet connection is not part of the data backup service. The quality and in particular the performance of the Internet connection (upload speed) are decisive for the performance of the data backup. Disruptions in the Internet connection or low upload speeds can lead to significant restrictions in data backup, over which Euronet has no influence and for which Euronet is not responsible.
21.3 The customer must also use the Euronet system and be authorised to do so.
21.4 The customer shall provide all data required for system access and billing correctly, completely and promptly and shall inform Euronet of any changes in good time. The required data includes, in particular, name, address, telephone number, e-mail address and bank details.
21.5 Section 6.3 shall apply accordingly.
22. Pflichten und Obliegenheiten des Kunden
22.1 The customer has the following obligations in particular:
a) The services of the Euronet Cloud Services Data Backup may not be misused, in particular
no data with illegal or immoral content may be stored. This includes, in particular, data with the information specified in Section 8.1 a), 3rd bullet point, - care must be taken to ensure that the use of individual functionalities and, in particular, the transmission of messages does not cause any impairment for Euronet or other third parties,
national and international copyright and trademark, patent, name and labelling rights as well as other industrial property rights and personal rights of third parties must be observed.
b) Section 8.1 b) applies accordingly to personal access data (such as password/password).
c) Section 8.1 d) shall apply accordingly.
22.2 Euronet shall be entitled to suspend the Euronet Cloud Services Data Backup at the customer's expense in the event of serious breaches of the obligations incumbent on the customer and in the event of reasonable grounds for suspecting a breach of duty. In this case, the customer shall remain obliged to pay the agreed prices.
22.1 The customer has the following obligations in particular:
a) The services of the Euronet Cloud Services Data Backup may not be misused, in particular
no data with illegal or immoral content may be stored. This includes, in particular, data with the information specified in Section 8.1 a), 3rd bullet point, - care must be taken to ensure that the use of individual functionalities and, in particular, the transmission of messages does not cause any impairment for Euronet or other third parties,
national and international copyright and trademark, patent, name and labelling rights as well as other industrial property rights and personal rights of third parties must be observed.
b) Section 8.1 b) applies accordingly to personal access data (such as password/password).
c) Section 8.1 d) shall apply accordingly.
22.2 Euronet shall be entitled to suspend the Euronet Cloud Services Data Backup at the customer's expense in the event of serious breaches of the obligations incumbent on the customer and in the event of reasonable grounds for suspecting a breach of duty. In this case, the customer shall remain obliged to pay the agreed prices.
23. Third party usage
Clause 9 applies accordingly.
Clause 9 applies accordingly.
24. Privacy Policy
24.1 Insofar as Euronet processes personal data as part of the Euronet Cloud Service Data Backup, this is done on behalf of the customer. The customer is the data controller within the meaning of Section 3 (7) BDSG. The customer is responsible for compliance with data protection regulations.
24.2 Insofar as personal data is subject to access by Euronet within the scope of the Euronet Cloud Services Data Backup, Euronet shall comply with the provisions of data protection law.
24.1 Insofar as Euronet processes personal data as part of the Euronet Cloud Service Data Backup, this is done on behalf of the customer. The customer is the data controller within the meaning of Section 3 (7) BDSG. The customer is responsible for compliance with data protection regulations.
24.2 Insofar as personal data is subject to access by Euronet within the scope of the Euronet Cloud Services Data Backup, Euronet shall comply with the provisions of data protection law.
25. Changes to the terms of use
Section 11 shall apply accordingly. In the event of a change to the terms of use, the customer has a right of cancellation in accordance with Section 13.2.
Section 11 shall apply accordingly. In the event of a change to the terms of use, the customer has a right of cancellation in accordance with Section 13.2.
26 Prices and payments
26.1 The largest amount of data backed up in the billing month shall be decisive for determining the price of the monthly flat rate to be paid. The customer has the option of determining the expected data volume in the corresponding programme function prior to the data backup.
26.2 Clause 12 shall apply accordingly. In the event of price changes, the customer has a right of cancellation in accordance with clause 13.2.
26.1 The largest amount of data backed up in the billing month shall be decisive for determining the price of the monthly flat rate to be paid. The customer has the option of determining the expected data volume in the corresponding programme function prior to the data backup.
26.2 Clause 12 shall apply accordingly. In the event of price changes, the customer has a right of cancellation in accordance with clause 13.2.
27. Contract duration
27.1 If the customer proves that the technical requirements pursuant to Section 22.1 or 22.2 cannot be met with reasonable economic effort, the customer shall be entitled to terminate the contract for the Euronet Cloud Service Data Backup in writing with one month's notice to the end of the next full calendar quarter.
27.2 In all other respects, Sections 13.1, 13.2 and 13.3 shall apply accordingly with regard to the term of the contract.
27.3 Upon termination of the contractual relationship, Euronet shall discontinue the Euronet Cloud Service Data Backup. Euronet will delete the customer's backed-up data after termination of the contract. The customer can only request the provision of backed-up data up to 14 days after termination of the contractual relationship.
27.1 If the customer proves that the technical requirements pursuant to Section 22.1 or 22.2 cannot be met with reasonable economic effort, the customer shall be entitled to terminate the contract for the Euronet Cloud Service Data Backup in writing with one month's notice to the end of the next full calendar quarter.
27.2 In all other respects, Sections 13.1, 13.2 and 13.3 shall apply accordingly with regard to the term of the contract.
27.3 Upon termination of the contractual relationship, Euronet shall discontinue the Euronet Cloud Service Data Backup. Euronet will delete the customer's backed-up data after termination of the contract. The customer can only request the provision of backed-up data up to 14 days after termination of the contractual relationship.
Concluding provisions
28 Miscellaneous, place of jurisdiction
28.1 All contracts are subject exclusively to the law of the Federal Republic of Germany. The application of international sales law, in particular the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980, is excluded.
28.2 The place of fulfilment for deliveries and payments is exclusively D-50226 Frechen, unless another place of fulfilment has been expressly agreed.
28.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be Frechen. Otherwise, Frechen shall be the place of jurisdiction in the event that the customer moves his domicile or usual place of residence outside the territory of the Federal Republic of Germany after conclusion of the contract or his domicile or usual place of residence is not known at the time the action is filed.
28.4 In accordance with § 28 of the Federal Data Protection Act, Euronet hereby informs the customer that his data will be stored in computerised form. The customer is obliged to observe the data protection regulations when using the software and hardware supplied.
28.1 All contracts are subject exclusively to the law of the Federal Republic of Germany. The application of international sales law, in particular the United Nations Convention on Contracts for the International Sale of Goods (CISG) of 11 April 1980, is excluded.
28.2 The place of fulfilment for deliveries and payments is exclusively D-50226 Frechen, unless another place of fulfilment has been expressly agreed.
28.3 If the customer is a merchant, a legal entity under public law or a special fund under public law, the place of jurisdiction shall be Frechen. Otherwise, Frechen shall be the place of jurisdiction in the event that the customer moves his domicile or usual place of residence outside the territory of the Federal Republic of Germany after conclusion of the contract or his domicile or usual place of residence is not known at the time the action is filed.
28.4 In accordance with § 28 of the Federal Data Protection Act, Euronet hereby informs the customer that his data will be stored in computerised form. The customer is obliged to observe the data protection regulations when using the software and hardware supplied.
29. Severability clause
Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.
Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions.