Terms and conditions

Terms and Conditions for FORSIT Group

For the product - Ancel Security

The following General Terms and Conditions apply to all offers made by FORSIT Industrial GmbH, In der Raste 12, 53129 Bonn (hereinafter referred to as ‘Supplier’) to its customers (hereinafter referred to as ‘Customer’) for the product ‘Ancel Security’.

Software section

1. Rights of use (‘licences’)

1.1 The Contractor shall grant the Client a non-exclusive right to use the software specified in the contract. This right shall be limited in time to the term specified in the offer. If there is no such specification, the duration of the right of use shall be 12 months.

1.2 With the right of use, the client receives the authorisation to operate the software and to make copies for data backup. It also authorises installation on the number of servers, services and clients specified in the offer.

1.3 The right of use may not be passed on or transferred.

1.4 The software also includes open source components. The rights of use to these components shall be obtained by the Client directly from the respective developers or developer communities, and the licence conditions specified for these components shall apply instead of the above provisions.

2. License key

2.1 After full payment, the Contractor shall provide the Client with the licence keys required to use the software. These licence keys are valid until the expiry of the respective right of use.

2.2 After the licence key expires, the software can no longer be used. However, the Client may request an offer from the Contractor to extend the licence at any time.

3. Product features

The ‘Ancel Security’ solution is a backup software that offers improved resistance to malware compared to conventional backup programmes. The protective measures used for this are described in the offer or in the Contractor’s communication with the Client. However, no guarantee is given that these measures are effective against all types of malware.

4. Guarantee

4.1 A defect shall also be deemed to have been rectified if the Contractor shows the Client a reasonable way of avoiding the defect, provided that the defect was notified in good time and in a justified manner. The Client is obliged to accept a new version of the software as part of the rectification, unless this is unreasonable.

4.2 The provision of § 536a para. 1, 1st alt. BGB is excluded.

5. Term and cancellation

5.1 The contract shall initially run for the period of use specified in the offer. Thereafter, it shall be automatically extended by three months at a time, unless the Client cancels the contract at least 15 calendar days before the end of the term. It is the responsibility of the client to request new licence keys in good time, for which the contractor offers support.

5.2 Ordinary cancellation of the software transfer is excluded for both parties.

5.3 The right to extraordinary termination for good cause remains unaffected. Such a reason for the Contractor exists in particular if the Client exceeds the rights of use granted to it. Further claims, in particular for damages, shall remain unaffected by this.

5.4 Upon termination of the contract with regard to the software, the right of use shall expire and the rights shall revert to the Contractor.

6. Obligations of the client to co-operate

The client is responsible for regularly checking the functionality of the software to ensure proper operation.

Hardware section

1. Ownership

Depending on the agreement, the Client may provide the Contractor with hardware, such as tape drives, hard drives or servers. Ownership of this hardware is only transferred to the client after full payment.

2. Guarantee

2.1 The Client’s warranty claims are generally governed by the statutory provisions of the law on sales, unless deviations are specified in the following provisions.

2.2 In the event of subsequent fulfilment, the Contractor shall have the right to choose whether the defect is remedied by repair or new hardware is provided by replacement delivery.

2.3 Defects relating to the hardware do not entitle the customer to withdraw from the entire contract.

2.4 The period for warranty claims is based on the duration of the right to use the software.

Further basic regulations

1. Remuneration

1.1 The Contractor’s remuneration shall be specified in the offer. Unless otherwise agreed, additional remuneration shall be due for a contract extension after expiry of the original term. This shall be calculated on the basis of the remuneration for the initial term.

1.2 The Contractor’s invoices shall be paid without deductions within 10 calendar days of receipt by the Client.

1.3 If payment is not made within the deadline, the client shall automatically be in default without the need for a reminder.

2. Limitation of liability

2.1 The Contractor shall be liable without limitation in the event of gross negligence, intent or injury to life, limb or health.

2.2 In the event of slight negligence, the Contractor shall only be liable if a material contractual obligation has been breached, compliance with which is of fundamental importance for the performance of the contract and on the fulfilment of which the other party to the contract was entitled to rely.

2.3 In cases pursuant to Section 2.2, the Contractor shall not be liable for economic losses, lost profits, indirect or consequential damages or for third-party claims, unless such damages were typically foreseeable at the time the contract was concluded.

2.4 Compensation for damages in cases pursuant to Section 2.2 and compensation for futile expenses shall be limited to the typically foreseeable damage.

2.5 The Contractor’s liability under the Product Liability Act shall remain unaffected by the above limitations of liability.

3. Final provisions

3.1 The client is not entitled to assert rights of retention unless his claims are undisputed or have been recognised by declaratory judgement.

3.2 These General Terms and Conditions and the contracts based on them are subject to German law.

3.3 The exclusive place of jurisdiction for all disputes arising from or in connection with this contract is Bonn.

3.4 Should a provision of these GTC or a contract based on them be invalid, the remainder of the contract shall remain valid. The contracting parties undertake to find a provision that comes as close as possible to the economic purpose of the invalid provision.

3.5 Amendments or additions to the contract must be made in writing, unless expressly agreed otherwise.