IT2015 Terms and Conditions
AGREEMENT ON SERVICES DELIVERED VIA DATA NETWORK
1OBJECT OF AGREEMENT
The Customer and the Supplier specified below have agreed in accordance with the Terms and Conditions of this Agreement on Services Delivered via Data Network (hereinafter “Software Service”).
2CONTRACTING PARTIES AND CONTACT PERSONS
Customer:______
Business identity code: ______VAT reg.
Customer’s address:______
Customer’s contact person:______
Supplier:______
Business identity code: ______VAT reg.
Supplier’s address: ______
Supplier’s contact person:______
Each Party shall without undue delay inform the other Party in writing of any change regarding its contact person. The contact person is not authorised to agree on changes to this Agreement.
3SOFTWARE SERVICE
3.1 Software Service constituting the object of the delivery
[ ]Software Service has been specified in annex number _____.
[ ]Software Service has been specified as follows:
______
3.2 Deployment date of the Software Service
[ ]The deployment date of the Software Service has been defined in annex number____.
[ ]The deployment of the Software Service at the access point shall at the latest be commenced on ___.___.______.
[ ]The deployment of the Software Service at the access point shall at the latest be commenced ____ days from the signing of this Agreement.
[ ]The deployment of the Software Service shall be commenced as follows:
______
______
______
______
______
3.3 Right of use for the Software Service
[ ]The Customer’s right to use the Software Service has been specified in annex number____.
[ ]The Customer’s right to use the Software Service is specified in accordance with the IT2015 ETP Special Terms and Conditions for Services Delivered via Data Network annexed to this Agreement.
[ ]The Customer shall have the right to use the Software Services as follows:
______
______
______
______
______
3.4 Specification of the Customer’s material
[ ]The Customer’s material has been specified in annex number____.
[ ]The Customer’s material has been specified in accordance with the ETP Special Terms and Conditions for Services Delivered via Data Network annexed to this Agreement.
[ ]The Customer’s material has been specified as follows:
______
______
______
______
______
3.5 Specification of the Supplier’s material
[ ]All such material disclosed or made available to the Customer by the Supplier for the purpose of using the Software Services that has not been specified as the Customer’s material, shall be the Supplier’s material.
[ ]The Supplier’s material has been specified in annex number____.
[ ]The Supplier’s material has been specified as follows:
______
______
______
______
______
3.6 Training of the Customer’s personnel
[ ]Tasks relating to the training of the Customer’s personnel are not included in the Software Service.
[ ]The training of the Customer’s personnel has been agreed in annex number____.
[ ]The training of the Customer’s personnel has been agreed as follows:
______
______
______
______
______
3.7 Support relating to the deployment of the Software Service
[ ]Support concerning the deployment of the Software Service has been agreed in annex number____.
[ ]Support concerning the deployment of the Software Service has been agreed in accordance with the IT2015 ETP Special Terms and Conditions for Services Delivered via Data Network annexed to this Agreement.
[ ]Support concerning the deployment of the Software Service has been agreed as follows:
______
______
______
______
______
3.8 Data security, processing of personal data and backup
[ ]Data security has been agreed in annex number ____.
[ ]Data security has been agreed in accordance with the IT2015 Terms and Conditions annexed to this Agreement.
[ ]Processing of personal data has been agreed in annex number ____.
[ ]Processing of personal data has been agreed in accordance with the IT2015 Terms and Conditions annexed to this Agreement.
[ ]Backup procedures have been agreed in annex number ____.
[ ]Backup procedures have been agreed in accordance with the IT2015 Terms and Conditions annexed to this Agreement.
4SERVICE LEVELS
4.1 Service levels
[ ]The service level has been specified in annex number ____.
[ ]The service level has been specified as follows:
______
______
______
______
______
4.2 Installation, change or maintenance work
Installation, change or maintenance work of the Software Service has been agreed:
[ ]In accordance with the annex number ____.
[ ]In accordance with the IT2015 ETP Special Terms and Conditions for Services Delivered via Data Network annexed to this Agreement.
[ ]As follows:
______
______
______
______
______
5PRICES AND PAYMENT TERMS
5.1Recurring charges and services covered by recurring charges
[ ]The Software Services covered by recurring charges are specified in annex number ____.
[ ]The Software Services covered by recurring charges are specified as follows:
______
______
______
______
______
[ ]The total recurring charges for Software Services are ______/ [ ] year / [ ] 6 months / [ ] 3 months / [ ] one month.
[ ]The recurring charges for Software Services are specified in annex number ____.
5.2Separately charged services
Other services not covered by the recurring charges and invoiced separately shall be charged for by the Supplier:
[ ]in accordance with annex number ____.
[ ]in accordance with Supplier’s current price list.
5.3Payment terms
[ ] The payment terms are____ days net from the date of delivery or the date of invoice, whichever is later.
[ ]The payment terms have been specified in annex number ____.
[ ]The payment terms have been specified as follows:
______
______
______
[ ] The invoicing has been specified in annex number ____.
[ ] The Supplier shall invoice recurring charges [ ] in advance / [ ] in arrears:
[ ] monthly
[ ] quarterly
[ ]every six months
[ ] once in a calendar year
[ ] The Supplier shall invoice the services not covered by the recurring charges and other charges in arrears:
[ ] monthly
[ ] quarterly
[ ]every six months
[ ] once in a calendar year
[ ]The invoicing has been specified as follows:
______
______
______
______
6VALIDITY OF AGREEMENT
6.1 Term of the Agreement
[ ]This Agreement shall remain in force for a fixed period of time and shall expire without further notice ___.____.______.
[ ]This Agreement shall remain in force until further notice in accordance with the IT2015 ETP Special Terms and Conditions for Services Delivered via Data Network annexed to this Agreement.
[ ]This Agreement shall remain in force until further notice.
The period of notice for the Customer is ______[ ] days / [ ] months.
The period of notice for the Supplier is ______[ ] days / [ ] months.
The period of notice shall be calculated from the last day of the month during which the notice of termination has been given.
The Customer may terminate this Agreement to expire on ______at the earliest.
The Supplier may terminate this Agreement to expire on ______at the earliest.
6.2 Returning the Customer’s material to the Customer
[ ]The returning of the Customer’s material has been agreed in annex number____.
[ ]The returning of the Customer’s material has been agreed in accordance with the IT2015 ETP Special Terms and Conditions for Services Delivered via Data Network annexed to this Agreement.
[ ]The returning of the Customer’s material has been agreed as follows:
______
______
______
______
______
6.3 Supplier’s termination assistance
[ ]The Supplier’s termination assistance has been agreed in annex number____.
[ ]The Supplier’s termination assistance obligation shall expire when ____ months has passed from the expiry of this Agreement. For the rest, the IT2015 Terms and Conditions annexed to this Agreement shall be observed.
[ ]The Supplier’s termination assistance has been agreed in accordance with the IT2015 ETP Special Terms and Conditions for Services Delivered via Data Network annexed to this Agreement.
[ ]The Supplier’s termination assistance obligation has been agreed as follows:
______
______
______
______
______
7 SUBCONTRACTING
[ ]Subcontracting has been agreed in annex number ____.
[ ]In accordance with the IT2015 YSE General Terms and Conditions annexed to this Agreement.
[ ]Subcontracting has been agreed as follows:
______
______
______
______
______
8 CONFIDENTIALITY
[ ]Confidentiality has been agreed in annex number ____.
[ ]In accordance with the IT2015 YSE General Terms and Conditions annexed to this Agreement.
[ ]Confidentiality has been agreed as follows:
______
______
______
______
______
9LIABILITY FOR DAMAGES AND LIMITATION OF LIABILITY
[ ]Liability for damages and limitation of liability have been agreed in annex number ____.
[ ]The maximum liability for damages of a Party towards the other Party based on this Agreement shall not, excluding possible liquidated damages payable due to delay, service credits or other similar contractual penalties or credits, exceed in aggregate ______Euros. If a Party has an obligation to pay liquidated damages payable due to delay, service credits or other similar contractual penalties or credits, the Party is also liable to pay damages only for the part of the loss exceeding the liquidated damages payable due to delay, service credits or other similar contractual penalties or credits. In addition, sections 12.3 - 12.5 of the IT2015 YSE General Terms and Conditions shall apply.
[ ]The maximum liability for damages of a Party towards the other Party based on this Agreement shall not, excluding possible liquidated damages payable due to delay, service credits or other similar contractual penalties or credits, exceed in aggregate the calculatory monthly price for Software Service at the point of breach of contract, excluding the value added tax, multiplied by _____. If a Party has an obligation to pay liquidated damages payable due to delay, service credits or other similar contractual penalties or credits, the Party is also liable to pay damages only for the part of the loss exceeding the liquidated damages payable due to delay, service credits or other similar contractual penalties or credits. In addition, sections 12.3 - 12.5 of the IT2015 YSE General Terms and Conditions shall apply.
10OTHER PROVISIONS
______
11ANNEXES OF AGREEMENT AND ORDER OF PRIORITY
11.1The following annexes form an integral part of this Agreement (please number the annexes):
______
______
______
______
______
11.2The following IT2015 Terms and Conditions also form an integral part of this Agreement:
[ ]IT2015 ETP Special Terms and Conditions for Services Delivered via Data Network
[ ]IT2015 YSE General Terms and Conditions
11.3The order of priority of documents relating to this Agreement is as follows:
1. This Agreement.
2. annexes to this Agreement other than the IT2015 Terms and Conditions. In case of discrepancy between these annexes, the annex with a smaller number shall prevail.
3. The special terms and conditions annexes of the IT2015 Terms and Conditions annexed to this Agreement.
4. IT2015 YSE General Terms and Conditions.
12COPIES AND SIGNATURES
This Agreement has been executed in two identical copies, one for each Party.
Place and date Place and date
______.___.______.___.______
Customer’s signatureSupplier’s signature
______
Name(s) typed:Name(s) typed:
______