1.0 Offers agreement
1. Formpipe Lasernet: The supplier of Lasernet
2. Client: the other party to the contract with Formpipe Lasernet
3. The agreement: agreement between Formpipe Lasernet and the client in respect of the provision of services or the granting of ownership or a right of use to the client at a consideration as specified in the agreement
4. General Terms and Conditions: the present General Terms and Conditions together with the following modules:
- 1. Licence for software
- 2. Development of software
- 3. Maintenance of software
- 4. Secondment services
- 5. Study programmes and training courses
- 6. Advice, consultancy and project management
- 7. Service desk Services
- 8. Applications Management Services
- 9. Database Management Services
5. In writing: a document bearing the date and the appended signature of the authorised representatives of Formpipe Lasernet;
1.1 The General Terms and Conditions form an integral part of the agreement.
1.2 These General Terms and Conditions are applicable to all offers, legal relationships and agreements with which Formpipe Lasernet supplies goods and/or services, of whatsoever nature, to the client or grants rights of use. Divergences of and supplementations to these General Terms and Conditions are solely valid if these have been expressly agreed in writing.
1.3 All offers and other forms of communication and publicity of Formpipe Lasernet are without obligation, unless expressly otherwise indicated in writing by Formpipe Lasernet. The client is vouches for the correctness and completeness of the by it, or on behalf of it, specified measurements, requirements, work specifications and other information furnished to Formpipe Lasernet whereon Formpipe Lasernet bases its offer.
1.4 Divergences of and supplementations to these General Terms and Conditions are solely valid if these have been agreed in writing between the parties.
1.5 The applicability of the purchasing or other conditions of the client is expressly rejected.
1.6 If any condition of these General Terms and Conditions is null or void or is voided, the other conditions of these General Terms and Conditions will remain fully effective.
1.7 Formpipe Lasernet can each time set (further) requirements with respect to the communication between the parties or the effecting of legal acts by email.
2.0 Price and payment
2.1 All prices exclude valueadded tax (BTW) [VAT] and other levies such prescribed and imposed by government.
2.2 If there is a matter of a periodic payment obligation of the client, then Formpipe Lasernet will be entitled to, in writing, adjust the applicable prices and rates within a period of three months. If the client does not agree to such an adjustment, the client is entitled, within thirty days after the notification thereof, to terminate the agreement on that date when the adjustment would have become effective.
2.3 The parties will set out in the agreement the date or dates on which Formpipe Lasernet will charge the client the consideration for the agreed work. Invoices will be paid by the client in accordance with the payment terms as stated on the invoice. In the absence of a specific arrangement, the client will effect payment of the invoiced amount within thirty days from the invoice date. The client is not entitled towards a setoff or the suspension of a payment.
2.4 If the client does not make a timely payment of the due and payable amount(s), the client will be, without any demand for payment or notice of default being necessary, payable statutory interest over the outstanding amount(s). If after a demand for payment or notice of default the client fails to settle the amount(s) due, then Formpipe Lasernet can refer for collection of the debt, in which event the client will in addition to the payable total amount(s) be held towards payment of all legal and other costs, including those costs charged by external experts such additional to the costs determined at law. The client is also payable for the costs incurred by Formpipe Lasernet with respect to a failed mediation if the client is ordered by an (arbitral) award towards a whole or part payment of the outstanding amount(s).
2.5 Formpipe Lasernet is each time authorised to request a sufficient advance payment from the client before or during the effectuating of its work, before the supply of goods to the client, or before the granting of a right of use to the client.
2.6 Unless otherwise agreed in writing, Formpipe Lasernet determines the allocation of payment(s) on the outstanding invoice(s). Formpipe Lasernet is not held to an allocation of payment(s) such indicated by the client.
2.7 The client is not entitled to suspend the payment(s) of invoice(s) or to set off the invoice(s) of Formpipe Lasernet, unless otherwise expressly agreed in writing.
3.0 Confidential information, acquisition of personnel and privacy
3.1 Each party vouches that all information received from the other party whereof one is aware or requires to be aware that this is of a confidential nature, remains confidential, unless a statutory obligation orders the disclosure of that information. The party that is in receipt of confidential information will solely utilise this for that purpose for which this was furnished. Information will, in any event, be deemed to be confidential if this is indicated to be such by one of the parties.
3.2 Each of the parties will during the term of the agreement, as well as one year after the termination thereof, solely after the prior written consent of the other party, engage or otherwise, either directly or indirectly, allow to work for it, employees of the other party who have been involved in the performance of the agreement. When that occasion arises, Formpipe Lasernet shall not forbear to grant the respective consent if the client has offered fitting compensation therefor.
3.3 The client indemnifies Formpipe Lasernet against claims from persons whereof whom the personal details are registered or processed within the scope of a registration of personal data such maintained by the client or wherefore the client is by virtue of statutory requirements in other respects responsible, unless the client substantiates that the facts such which underlie the claim are solely imputable to Formpipe Lasernet.
4.0 Retention of title and rights, ownership acquired by specification and possessory lien
4.1 All goods delivered to the client remain the property of Formpipe Lasernet until all the amounts payable by the client for and pursuant to the agreement to be delivered or to be delivered items or the performed or to be performed work, as well as all other amounts that the client is payable on account of the remiss in the payment obligation, have been fully paid to Formpipe Lasernet. A client, who acts as a reseller, may sell and resell all items subject to the retention of title of Formpipe Lasernet in so far that this is wonted in the scope of the normal course of its business.
If the client (also) forms a new item from Formpipe Lasernet supplied items, the client only forms that item for Formpipe Lasernet and the client will retain that newly formed item for Formpipe Lasernet until the client has settled all the payable amounts such pursuant to the agreement; Formpipe Lasernet holds in that event all the rights as owner of that newly formed item until that moment in time of full settlement by the client.
4.2 In such an event, the rights are each time granted or transferred to the client subject to the condition that the client makes timely and full payment of the therefore agreed payments. If Formpipe Lasernet proceeds to the granting or transferring of the right before that the agreed payments have been paid, then Formpipe Lasernet can invoke this resolutive condition at that moment when the agreed payment term has expired.
4.3 Formpipe Lasernet can, within the scope of the agreement, retain received generated items, products, property laws, data, documents, data files and (interim) results of the service provision of Formpipe Lasernet, despite an existing obligation towards issuance, until the client has paid all the payable amounts to Formpipe Lasernet.
5.1 The risk of a loss, theft or damage of items, products, software or data which are an object of the agreement, passes to the client at that moment when it comes into the possession thereof and/or which have been brought to a third party such designated by the client. The client and/or the third party designated by the client have been brought into actual possession as soon as Formpipe Lasernet has declared that the client may proceed and make use of the items, products, software or data which form the object of the agreement.
6.0 Rights of intellectual or industrial property
6.1 All the rights of intellectual or industrial property over the, pursuant to the agreement, developed or made available software, websites, data files, equipment or other materials such as analyses, designing, documentation, rapports, offers, as well as the preparatory material thereof, exclusively rest with Formpipe Lasernet, its licensors or its suppliers. The client solely acquires the rights of use expressly granted by these conditions and the law. Any other or more extensive right of the client to reproduce software, websites, data files or other materials, is excluded. A clientvested right of use is nonexclusive and nontransferable to third parties.
6.2 If in divergence of sub clause 6.1 Formpipe Lasernet is willing to undertake to transfer an intellectual or industrial property right, then such an obligation can only be explicitly entered into in writing. If the parties expressly agree in writing that rights of intellectual or industrial property with respect to specifically for the client developed software, websites, data files, equipment or other materials, will transfer to the client, then this will leave the right of Formpipe Lasernet unaffected towards the development of those underlying elements, general principles, ideas, designs, documentation, works, programming languages and suchlike, without any limitation, for other purposes to apply and to operate same, either for itself or third parties. Nor shall a transfer of intellectual or industrial property rights affect the right of Formpipe Lasernet to, for itself or third parties, undertake developments such which are similar to that being implemented or to be implemented for the client.
6.3 The client is not permitted to remove, modify or change any designation or notice with respect to the confidential nature or that concerning copyrights, trademarks, trade names or other intellectual or industrial property rights in the software, websites, data files, equipment or materials.
6.4 Formpipe Lasernet is permitted to take technical measures to protect the software or, having regard to the agreed restrictions in the duration of the right, make use of the software. The client is not permitted to remove or evade such a technical measure. If security measures result in that the client is unable to make a reserve copy of software, then Formpipe Lasernet will make a reserve copy available on request.
6.5 Unless where Formpipe Lasernet makes a reserve copy of the software available to the client, the client may make one reserve copy of the software, which copy may solely be used as protection against an involuntary loss of possession or damage. The installation of the reserve copy effects only after an involuntary loss of possession or damage. A reserve copy is required to be provided with and have those selfsame labels and designations and notices of copyright such which are present on the original copy (see sub clause 6.3).
6.6 Subject to the other conditions of these General Terms and Conditions, the client is entitled to improve and correct errors in the software provided to it if this should be necessary for the intended use of the software. Where in these General Terms and Conditions there is referred to ‘errors’, then there is with this implied a substantial failure to meet the Formpipe Lasernet expressed in writing functional or technical specifications and, with respect to custom software and websites, the between the parties expressly agreed in writing functional or technical specifications. There is only a question of an error if the client can demonstrate same and if this is reproducible. The client is held to promptly report errors to Formpipe Lasernet.
6.7 Formpipe Lasernet indemnifies the client against each legal claim from a third party such which is based on the allegation that websites, data files, equipment or other materials developed by Formpipe Lasernet itself infringes an in the Netherlands applicable intellectual or industrial property right, subject to the condition that the client promptly informs Formpipe Lasernet in writing as to the existence and the content of the legal claim and the settlement of the case, including the effecting of any settlement, leaving such entirely to Formpipe Lasernet. The client will provide the necessary powers of attorney thereto, and extend information and cooperation to Formpipe Lasernet to allow it, if necessary, to defend itself against these claims in name of the client. This obligation towards indemnification lapses if the alleged infringement is related to (i) with by client for use, adaptation, processing or incorporation to Formpipe Lasernet made available materials, or (ii) with changes that the client has applied or let be applied by third parties in the software, website, data files, equipment or other materials. If at law there is irrevocably established that the by Formpipe Lasernet developed software, websites, data files, equipment or other materials infringe any by a third party owned intellectual or industrial property right, or if in the opinion of Formpipe Lasernet there is a good probability that such an infringement presents itself, then Formpipe Lasernet will where possible ensure that the client can continue to undisturbed use that provided or functional similar other software, websites, data files, equipment or the respective other materials, for example through an adaptation of the infringing elements or through the acquiring of a right of use for the client. If Formpipe Lasernet in its exclusive opinion cannot, or not else than but for it (financial) unreasonable burdensome manner, ensure that the client can continue to use that provided in an undisturbed manner, then Formpipe Lasernet will take back that provided against a crediting of the acquisition costs with the deduction of a reasonable usage fee. Formpipe Lasernet will not opt for this until after consultation with the client. Each other further liability or obligation towards indemnification from Formpipe Lasernet on account of an infringement of the intellectual or industrial property rights of a third party, is wholly excluded, such including the liability and the obligation towards indemnification from Formpipe Lasernet for infringement caused by the use of the provided software, websites, data files, equipment and/or materials (i) in a not by Formpipe Lasernet modified form, (ii) in conjunction with not by Formpipe Lasernet provided or furnished items or software or (iii) in another manner for which the equipment, software, websites, data files and/or other materials have been developed or purposed.
6.8 The client warrants that no rights of third parties preclude the making available to Formpipe Lasernet of equipment, software, for websites destined material (visual material, text, music, domain names, logos etc.), data files, or other materials, including draft material, with the purpose to utilise, process, install or incorporate (e.g. in a website). The client shall indemnify Formpipe Lasernet against each action which is based on the allegation that such a making available, usage, processing, installing or incorporating infringes any whatsoever right of third parties.
7.0 Client cooperation; telecommunication
7.1 The client will each time for the proper execution of the agreement timely furnish Formpipe Lasernet with utile and necessary data or information and provide all cooperation, including the granting of access to its buildings and telecommunication networks. If the client, within the scope of the rendering of cooperation in the execution of the agreement, assigns its own personnel, then that personnel will have the requisite knowledge, experience, capacity and quality at its disposal.
7.2 The client bears the risk of the selection, the use and the application of the equipment, software, websites, data files and other products and materials in its organisation and that of the services to be provided by Formpipe Lasernet, and is also responsible for the control and security procedures and an adequate systems administration.
7.3 If the client makes software, websites, materials, data files or data on an information carrier available to Formpipe Lasernet, then this will meet the specifications such prescribed by Formpipe Lasernet.
7.4 If the client for the performance of the agreement does not or not timely make available the necessary information, equipment, software or personnel to Formpipe Lasernet, such in accordance with the agreement, or if the client in another manner does not meet its obligations, Formpipe Lasernet shall be entitled to effect a whole or part suspension of the execution of the agreement and shall be entitled to charge for the arisen costs on account of this accordant to its wonted rates, one thing and another without prejudicing the right of Formpipe Lasernet towards the exercise of any statutory law.
7.5 In the event that the personnel of Formpipe Lasernet carry out work onsite at the client, the client shall provide without cost those facilities reasonably required by that personnel, such as a working space with computer and telecommunication facilities. The working space and facilities shall meet all the applicable (statutory) requirements and regulations concerning working conditions. The client indemnifies Formpipe Lasernet against the claims from third parties, including employees of Formpipe Lasernet who, in relation to the performance of the agreement, suffer bodily injury which is as a result of an act or omission by the client or due to unsafe situations in its organisation. The client will timely notify the Formpipe Lasernet personnel to be deployed of its prevailing internal rules and safety regulations within its organisation.
7.6 If in the performance of the agreement use is made of telecommunication facilities, including the Internet, the client shall be responsible for the right choice and the timely and adequate availability thereof, with the exception of those facilities which fall under the direct use and management of Formpipe Lasernet. Formpipe Lasernet is at no time liable for the damage or costs due to transmission errors, disruptions or the nonavailability of these facilities, unless the client can demonstrate that this damage or costs are a result of an intentional act or gross negligence of Formpipe Lasernet or its managers. If in the performance of the agreement use is made of telecommunication facilities, Formpipe Lasernet shall be entitled to assign client access or identification codes. Formpipe Lasernet may change access or identification codes. The client will handle the access codes in a confidential manner and with due care and will only disclose this to authorised staff members. Formpipe Lasernet is at no time liable for damage or costs as a consequence of the misuse of access or identification codes.
8.0 Terms for the carrying out of work activities
8.1 All the agreed (delivery) periods stated by Formpipe Lasernet are, to the best of its knowledge, determined on the basis of the information known to Formpipe Lasernet on the concluding of the agreement. Formpipe Lasernet makes every just effort to, in so far as possible, observe the agreed (delivery) periods. The sole exceeding of a stated or agreed (delivery) period will not bring Formpipe Lasernet in default. In all events, therefore also if the parties have agreed an express and ultimate date in writing, Formpipe Lasernet will first be in default due to an exceeding of a date after that the client has given it a notice of default in writing. Formpipe Lasernet is not held to the either or not (delivery) deadlines such which have arisen due to circumstances out with its control after the concluding of the agreement, and which deadlines can no longer be met. Neither is Formpipe Lasernet held to an either or not delivery deadline if the parties have agreed towards a change of the content or extent of the agreement (contract extras, changes to specifications etc.). If there is a danger of the exceeding of any period, then Formpipe Lasernet and the client will enter into consultation at the earliest opportunity.
9.0 Termination of the agreement
9.1 Each of the parties shall only be entitled to dissolve the agreement if the other party, at all times and in all events, after a proper and as detailed as possible written notice of default which mentions a reasonable period for the remedying of failures, fails imputably in the fulfilment of the essential obligations under the agreement.
9.2 If an agreement does not terminate by way of its nature and content and has been entered into for an indefinite period of time, then this can be terminated by either of the parties after good consultation and with stating the reasons therefor in a written notice of termination. If no period of notice of termination has been expressly agreed between the parties, then a
reasonable period of time is required to be observed for the termination. Formpipe Lasernet will on account of a termination at no time be held to any whatsoever compensation.
9.3 In divergence of what the law has specified with regard to this such by means of regulatory law, the client can only terminate a contract for the provision of services in those events such provided by the terms in these General Terms and Conditions.
9.4 Each of the parties can terminate the agreement without a notice of termination with immediate effect, in whole or in part, and in writing, if the other party is either or not granted a provisional suspension of payments, if in respect of the other party insolvency is filed or, if the company of the other party is liquidated or ended other than for reconstruction or the merging of companies. Formpipe Lasernet is on account of this ending at no time held towards any whatsoever refund of already received monies or towards compensation. In the event of the insolvency of the client, the right of use of the software made available to the client ends.
9.5 If the client at that moment of the dissolution as referred to in sub clause 9.1 has already had work effected in the performance of the agreement, then that work and the therewith associated payment obligation will not form an object of undoing, unless the client has demonstrated that Formpipe Lasernet is in default with respect to that work. Amounts which have been invoiced by Formpipe Lasernet in relation to that, which it has, in the performance of the agreement, properly carried out or delivered, continue to be, with due observance of that specified in the preceding sentence, fully payable and will be immediately due and payable at that moment of dissolution.
10.0 Liability of Formpipe Lasernet; indemnification
10.1 The total liability of Formpipe Lasernet due to an imputable failure in compliance with the agreement, is limited towards the payment of a direct loss up to a maximum of the amount of the stipulated price for that agreement (excluding BTW [Dutch VAT]). If the Agreement is primarily a continuing performance contract with a term of more than one year, the price stipulated for the agreement is set to the total of the payments (excluding BTW) stipulated for one year. In no event shall the total payment for a direct loss amount to more than € 500,000 ((five hundred thousand euros). Under a direct loss there is solely implied:
- a. The reasonable costs that the client would have to incur to allow the work of Formpipe Lasernet to conform to the agreement; this replacing loss is however not paid if the agreement is dissolved on demand of the client.
- b. The reasonable costs that the client has incurred for the out of necessity maintaining operational of its old system or systems and the therewith related facilities in that Formpipe Lasernet has not delivered on a for it binding delivery deadline, less any savings due to the delayed delivery;
- c. The reasonable costs, such incurred in determining the cause and the extent of the loss, in so far that the determination pertains to a direct loss within the meaning of these conditions;
- d. The reasonable costs, such incurred in the prevention or limiting of a loss, in so far that the client demonstrates that these costs have led to a limiting of the direct loss within the meaning of these conditions.
10.2 The liability of Formpipe Lasernet for harm or death or bodily injury or, due to the material damage to goods, will at no time amount in total to more than € 1,250,000 (one million and two hundred and fifty thousand euros).
10.3 The liability of Formpipe Lasernet for an indirect damage or loss, consequential damage or loss, lost profit, lost savings, diminished goodwill, loss due to business interruption, loss due to claims from the buyers of the client, mutilation or loss of data, damage or loss related to the use of the by the client prescribed to Formpipe Lasernet, materials or software of third parties, damage or loss related to the engagement of suppliers and all other forms of damage or loss than that stated in sub clause 10.1 and 10.2, for whatsoever reason, is excluded.
10.4 The limitations stated in the foregoing sub clauses of this clause 10 come to lapse if and in so far the damage or loss is due to an intentional act or negligence of Formpipe Lasernet or its
10.5 The liability of Formpipe Lasernet due to an imputable failure in the fulfilment of an agreement arises in all events only if the client, immediately and properly in writing, gives notice of default to Formpipe Lasernet, whereby a reasonable period for the remedying of the failure is set, and Formpipe Lasernet also after that period imputably continues to fail in the fulfilment of its obligations. The notice of default is required to contain an as far as possible complete and detailed description of the failure, so that Formpipe Lasernet is enabled to respond in an adequate manner.
10.6 The condition for an event giving rise to any right towards compensation is at all times that the client notifies the damage or loss in writing as soon as possible after the arising thereof to Formpipe Lasernet. Each claim for compensation against Formpipe Lasernet lapses through the mere expiry of 18 months after the inception of the claim.
10.7 The client indemnifies Formpipe Lasernet against all claims from third parties for product liability as a result of a defect in a product or system that has been delivered by the client to the third party and which also consisted of equipment, software, and other materials supplied by Formpipe Lasernet, except if and in so far the client demonstrates that the damage was caused by that equipment, software or other materials.
10.8 That stipulated in this clause also applies in favour of all (legal) persons whereof Formpipe Lasernet makes use of in the performance of the agreement.
11.0 Force majeure
11.1 None of the parties is held towards the fulfilment of any obligation if it should be impeded towards this on account of force majeure. Under force majeure there is also implied the force majeure of the suppliers of Formpipe Lasernet, the not properly fulfilling of obligations of suppliers such prescribed by the client to Formpipe Lasernet as well as the defectiveness of goods, materials and software of third parties whereof the use thereof is prescribed by the client to Formpipe Lasernet.
11.2 If a situation of force majeure has continued for longer than ninety days, the parties shall be entitled to terminate the agreement by means of a written dissolution. That which has already been performed under the agreement, shall in that event be settled proportionally, without the parties, in other respects, being payable an amount to each other.
11.3 Force majeure shall mean: any circumstance beyond the control of Formpipe Lasernet that is of such a nature, that a fulfilment of the Agreement cannot reasonably be demanded of Formpipe Lasernet. This shall also include: strike action, riot, war and other civil commotion, boycotts, blockades, natural disasters, epidemics, shortage of raw materials, an impediment and interruption of the transport facilities, extreme weather conditions, fire, machinery breakdown, disruptions in the company of Formpipe Lasernet, problems at suppliers and/or any government measures.
12.0 Applicable law and disputes
12.1 The agreements between Formpipe Lasernet and the client are governed by the laws of the Netherlands. The applicability of the Vienna Sales Convention 1980 (CISG) is excluded.
12.2 The court in that district in which Formpipe Lasernet has its office adjudicates legal actions and germane commitments that directly or indirectly arise from this agreement.
13.0 Security, privacy and retention periods
13.1 Formpipe Lasernet meets those obligations by virtue of the legislation concerning the processing of personal data that rest upon it as a processor thereof. Formpipe Lasernet shall ensure appropriate technical and organisational measures to protect (personal) data against loss or against any form of unlawful processing.
13.2 The client vouches that all statutory provisions concerning the processing of personal data, including those provisions such set out by, or pursuant to, the Wet Bescherming Persoonsgegevens [Netherlands Personal Data Protection Act], are strictly observed and that all the prescribed registrations have been effected and all the requisite permissions have been obtained for the processing of personal data. The client shall promptly furnish Formpipe Lasernet in writing all the requested information with respect to this.
13.3 The client indemnifies Formpipe Lasernet for all claims from third parties which may be lodged towards Formpipe Lasernet on account of a not attributable to Formpipe Lasernet breach of the Wet Bescherming Persoonsgegevens [Netherlands Personal Data Protection Act] and/or other legislation pertaining to the processing of personal data.
13.4 The client indemnifies Formpipe Lasernet against all claims from third parties, including government institutions, which may be instituted towards Formpipe Lasernet due to a violation of legislation with respect to the statutory retention periods.
PROVISION OF SERVICES
The conditions stated in this “Provision of Services” chapter are, in addition to the General Conditions of these General Terms and Conditions, applicable if Formpipe Lasernet provides services, such as advice, feasibility studies, consultancy, study programmes, courses, training courses, support, secondment, hosting, the designing, developing, implementing, control of software, websites or information systems and the provision of services with respect to networks. These conditions shall not affect the conditions contained in these General Terms and Conditions related to specific services, such as computer service and the development of software and the maintenance thereof.
14.1 Formpipe Lasernet shall, to the best of its knowledge, make all effort to effect the service provision with all due care, where appropriate with the client’s written arrangements and procedures. All the services of Formpipe Lasernet are effected on the basis of an obligation to use best endeavours, unless and in so far in the written agreement Formpipe Lasernet expressly assured a result
and the result in question is sufficiently determinable set out. Any arrangements concerning a service level are each time only expressly agreed in writing.
14.2 If there is agreed that the service provision shall take place in phases, Formpipe Lasernet is entitled to postpone the commencement of those services which form part of a phase until the client has approved in writing the results of the phase previous thereto.
14.3 Solely if this is expressly agreed in writing, shall Formpipe Lasernet be held to timely and responsibly observe directions from the client during the implementation of the service provision. Formpipe Lasernet is not obligated to observe directions that change or supplement the content or scope of the agreed service provision; if such directions are however observed, then the respective work shall be remunerated in accordance with clause 15.
14.4 If an agreement towards the provision of services is entered into with a view to an implementation by a specific person, Formpipe Lasernet shall at all times be entitled, after consultation
with the client, to replace this person by one or more other persons holding the same qualifications.
14.5 In the absence of an expressly agreed invoicing schedule, all those amounts pertaining to services provided by Formpipe Lasernet are payable in arrears once each calendar month.
15 Changes and additional work
15.1 If at the request or with the prior consent from the client Formpipe Lasernet has effectuated work or other performances that fall out with the content or scope of the agreed service provision, then this work or those performances shall be paid by the client in accordance with the usual rates of Formpipe Lasernet. There is also a question of additional work if a system analysis, a design or specifications is extended or changed. Formpipe Lasernet is at no time obligated to meet such a request and it can desire that a separate written agreement is concluded for this.
15.2 The client accepts that on account of work or performances as referred to in sub clause 15.1 the agreed or expected point in time of completion of the service provision, and the mutual responsibilities of the client and Formpipe Lasernet, can be influenced. The fact that during the performance of the agreement (the requirement for) additional work occurs, is for the client at no time a reason for the dissolution or the termination of the agreement.
15.3 In so far that a fixed price has been agreed for the provision of services, Formpipe Lasernet will, if so requested, inform the client in in advance and in writing as to the financial consequences of that extra work or performances.
16.0 Study programmes, courses and training courses
16.1 In so far that the provision of services of Formpipe Lasernet consists of the providing of study programmes, a course or training courses, Formpipe Lasernet can each time before the commencement thereof require payment of the payable amounts for this. The consequences of a cancellation of participation in study programmes, a course or training course is governed by the customary rules at Formpipe Lasernet.
16.2 If the number of applications thereto gives in the opinion of Formpipe Lasernet due cause, Formpipe Lasernet shall be entitled to combine the study programmes, course or training courses with one or more other study programmes, courses or training courses, or to let these take place at a later date or a later point in time.
17.1 There is a question of secondment within the meaning of these conditions if Formpipe Lasernet makes an employee (hereinafter: the seconded employee) available to the client in order for this employee to carry out work under the supervision and control or authority of the client.
17.2 Formpipe Lasernet shall endeavour to ensure that the seconded employee remains available for the term of the agreement,
17.3 The client shall be entitled to request the replacement of the seconded employee (i) if the seconded employee does not demonstrably expressly meet the agreed quality requirements and the client informs this in writing to Formpipe Lasernet within three days after the commencement of the work, or (ii) in the event of a chronic illness or the leaving of employment of the employee. Formpipe Lasernet will give due and prioritised consideration to the request at its earliest opportunity. Formpipe Lasernet does not guarantee that replacement is always possible. If replacement is not or not possible forthwith, then the claims of the client towards the further fulfilment of the agreement as well as all those claims from the client due to a nonfulfilment of the agreement, are voided. The payment obligations of the client with respect to the effectuated work remain effective.
17.4 Formpipe Lasernet is held towards a timely and full payment of the, in relation to the agreement, payable income tax deducted at source and (advance) contributions for social insurance for the seconded employee. Formpipe Lasernet indemnifies the client against all legal claims from the tax authorities, respectively, social insurance agencies with respect to taxes and social insurance contributions such which are directly connected to the making available of the seconded employee by Formpipe Lasernet (the socalled recipients’ liability), subject to the client leaving the settling of the respective claims entirely to Formpipe Lasernet, and extends cooperation to it thereby and furnishes it with all the requisite information and, if so desired by Formpipe Lasernet, documents appointing a representative of one party to act on behalf of another party [ad litem].
17.5 Formpipe Lasernet does not accept liability for the selection of the employee or for the results of the work that has been effectuated under the supervision and control or authority of the client.
DEVELOPMENT OF SOFTWARE
The conditions stated in this “Development of Software” chapter are, in addition to the General Conditions of these General Terms and Conditions and the special conditions for the “Provision of Services” chapter, applicable if Formpipe Lasernet develops software and possibly installs same on instruction of the client. The “Use and Maintenance of Software” chapter is also applicable to this software, except for in so far there is diverged from this in this chapter. The rights and obligations referred to in this chapter solely pertains to computer software in a readable form for a data processing machine and which is recorded on readable material for such a machine, as well as for the accompanying documentation. At those places in this chapter where there is referred to software, there is also websites implied.
18.0 Development of software
18.1 If no specifications or a design of the software to be developed have already been furnished to Formpipe Lasernet at the concluding of the agreement, the parties shall, in consultation, specify in writing as to what software will be developed and in which manner this will take place. Formpipe Lasernet shall carry out the development of software with due care on the basis of the information furnished by the client, whereof the client vouches for the correctness, completeness and consistency. If the parties have agreed the employ of a development method that is characterised that the designing and/or the developing of elements of the software is subject to a further, during the performance of the agreement, to be determined prioritisation, then this prioritisation shall at all times come into effect in consultation between the parties.
18.2 Formpipe Lasernet is entitled, but not obligated, to examine the correctness, completeness or consistency of the information, specifications or designs furnished to it and, by the determining of any deficiencies, to suspend the agreed work until the client has removed the respective deficiencies.
18.3 Without prejudice to the stipulation in clause 6, the client shall only be entitled to use the software in its own company or organisation. Solely if and in so far this has been expressly agreed in writing, can the source code of the software and the technical documentation drawn up by the development of the software be made available to the client, in which event the client will be entitled to make changes in this software. If Formpipe Lasernet is held at law to make the source code and/or the technical documentation available to the client, then Formpipe Lasernet can desire to receive a reasonable payment therefor.
18.4 If Formpipe Lasernet, either or not in the precontractual phase, makes for testing purposes or provides software, examples or models and no agreement is made with respect to the use of that software, examples or models, the client is not entitled to make use of that software, examples or models.
19.0 Delivery, installation and acceptance of custom work
19.1 Formpipe Lasernet shall deliver and install the custom work to be developed to the client in so far as possible in conformity with the specifications set out in writing, the aforementioned such only if an installation to be carried out by Formpipe Lasernet has been agreed in writing. In the absence of express agreements with respect to this, the client will itself install, set up, parameterize, tune the customised work and if necessary adapt the equipment and operating environments employed therewith. Unless otherwise expressly agreed, Formpipe Lasernet is not obligated to carry out a data conversion.
19.2 If an acceptance test has been agreed, then the test period shall be 15 working days after delivery or, if an installation to be carried out by Formpipe Lasernet has been agreed in writing, after the completion of the installation. The installation is completed as soon as Formpipe Lasernet has notified the client thereof, or when Formpipe Lasernet commences with the carrying out of the acceptance test. During the test period, the client is not permitted to make use of the software for productive or operational purposes. Formpipe Lasernet can at all times require, such also if this has not been expressly agreed, that the client carries out, with sufficiently qualified personnel, a reliable test of a sufficient scope and depth over the (interim) results from the development work and that the test results are reported in writing in an orderly and comprehensible manner to Formpipe Lasernet.
19.3 The software will be deemed to have been accepted between the parties:
- a. When the client has confirmed the correct working in writing by the latest of the last day of the test period, or
- b. When the client has not responded in writing after the agreed test period such within the scope of possibly observed defects, errors and deficiencies within the scope of the prior, within the utilised project method, defined requirements for the desired functionalities such as referred to in subclause 19.5 and subclause 2.6.
- c. If the client, before that moment of explicit acceptance, makes any use of the software for productive or operational purposes, the software shall be deemed to have been fully accepted from that moment of commencement of that use.
19.4 If by the carrying out of the acceptance test it appears that the software contains errors that impede the progress of the acceptance test, the client shall inform Formpipe Lasernet in writing and in detail of this, in which event the test period will be interrupted until the software has such been modified that the impediment has been eliminated.
19.5 If by the carrying out of the agreed acceptance test it appears that the software contains errors within the meaning of sub clause 6.6, the client shall inform Formpipe Lasernet of those errors, by means of a written and detailed test report at the latest of the last day of the test period. Formpipe Lasernet shall to its best capacity make all effort to rectify the referred to errors within a reasonable period of time, whereby Formpipe Lasernet shall be entitled to apply temporary solutions, programme bypasses or problem avoiding restrictions in the software.
19.6 The acceptance of the software may not be withheld on those grounds other than those related to the expressly agreed specifications between the parties and, furthermore, not on account of the existence of minor errors, such being errors that do not reasonably impede the operational or productive putting into operation of the software, without prejudice to the obligation of Formpipe Lasernet to, where applicable, rectify these minor errors within the scope of the warranty scheme of clause 22. Moreover, acceptance may not be withheld with respect to those aspects of the software that can only be subjectively determined, such as the design of the user interfaces.
19.7 If the software is delivered and tested in phases and/or components, then the nonacceptance of a specific phase and/or component does not affect any acceptance of an earlier phase and/or another component.
19.8 The acceptance of the software in one of the manners as referred to in sub clause 19.3, has as consequence that Formpipe Lasernet is fully discharged from compliance with its obligations for that concerning the development and the making available of the software and if, in this instance, also the installation by Formpipe Lasernet has been agreed, from its obligations with respect to the installation of the software. The acceptance of the software does not prejudice the rights of the client on the basis of sub clause 22.6 concerning minor defects and clause 22 concerning warranty.
19.9 In the absence of an expressly agreed invoicing schedule, all the amounts pertaining to the developing of the software shall be payable on the delivery of the software or if, in this instance, an also by Formpipe Lasernet to be carried out installation has been agreed, on completion of the installation.
USE AND MAINTENANCE OF THE SOFTWARE
The conditions stated in the “Use and Maintenance of Software” chapter are in addition to the General Conditions of these General Terms and Conditions, applicable to all software made available by Formpipe Lasernet. The rights and obligations referred to in this chapter solely pertains to computer software in a readable form for a data processing machine and which is recorded on readable material for such a machine, as well as that of the accompanying documentation, all including any by Formpipe Lasernet to be issued new versions. At those places in this chapter where there is referred to software, there is also websites implied.
20.0 Right of use
20.1 Without prejudice to that referred to in clause 6, Formpipe Lasernet grants the client the nonexclusive right to make use of the software. The client shall strictly observe the usage restrictions agreed between the parties. Notwithstanding the other conditions as specified in these General Terms and Conditions, the right of use of the client solely comprises the right to load and run the software.
20.2 The software may solely be used by the client in its own company or organisation on one processing unit [processor] and for a specific number of users or connections for which the right of use has been granted. In so far with respect to this nothing else has been agreed, there applies that of the processing unit of the client on which the software is first used and the number of connections that are connected at that moment of first use to that processing unit, such being the processing unit and number of connections for which the right of use was granted. By any malfunction or breakdown of the referred to processing unit, the software may be used on another processing unit for the duration of that malfunction or breakdown. The right of use can pertain to several processing units in so far that this expressly apparent from the agreement.
20.3 The right of use is not transferable. The client is not permitted to sell, lease, sublicence or dispose of the software and carriers on which this is recorded, or to grant limited rights thereupon or, to in any whatever manner or for whatsoever purpose, make this available to a third party, either or not giving remote access to the software or to host the software with a third party, this also not if the respective third party only uses the software for the client. The client shall not make changes to the software other than within the scope of the rectifying of errors. The client shall not use the software within the scope of the processing of data for third parties (‘timesharing’). The source code of the software and the technical documentation produced during the development of the software shall not be made available to the client, such also not if the client is willing to make a payment for the issue thereof. The client acknowledges that the source code is confidential and that this comprises a business secret of Formpipe Lasernet.
20.4 Immediately after the end of the right of use of the software, the client shall return to Formpipe Lasernet all copies of the software in its possession. If the parties have agreed that at the end of the right of use the client should destroy the respective copies, the client shall promptly inform Formpipe Lasernet of such a destruction.
21.0 Delivery, installation and acceptance
21.1 Formpipe Lasernet shall deliver the software to the client in accordance with the agreed type and format of information carriers and, if an installation to be carried out by Formpipe Lasernet has been agreed in writing, install the software at the client. In the absence of express agreements concerning this, the client shall itself install, set up, parameterize, tune the software, and if necessary, adapt the equipment and operating environment employed therewith. Unless otherwise expressly agreed, Formpipe Lasernet is not obligated to carry out a data conversion.
21.2 If a written acceptance test has been agreed between the parties then that referred to in sub clauses 19.2 up to and including 19.7 is of analogous application. If the parties have not agreed towards an acceptance test, the client shall accept the software in that ‘as is’ condition at that moment of delivery, such with all see able and useable errors and other defects, without prejudice to the obligations of Formpipe Lasernet pursuant to the warranty of clause 22. In all cases, there fully applies that as stipulated in sub clause 19.8.
21.3 In the absence of an expressly agreed invoicing schedule, all the amounts pertaining to the developing of the software, shall be payable on the delivery of the software or if, in this instance, an also by Formpipe Lasernet to be carried out installation has been agreed, on completion of the installation.
22.1 Formpipe Lasernet will to its best capacity make all effort to rectify errors in the software within the meaning of subclause 6.6 and this within a reasonable period of time if these have been reported in detail in writing to Formpipe Lasernet within a period of three months after delivery or, if an acceptance test has been agreed between the parties, within three months after acceptance. Formpipe Lasernet does not warrant that the software will work without interruption, errors or other defects or that all errors and defects will be corrected. The rectification or reparation will be carried out at no cost, unless the software has been developed on instruction of the client other than for a fixed price, in which event Formpipe Lasernet shall, in accordance with its usual rates, charge for the rectification or reparation costs. Formpipe Lasernet can, such pursuant to its usual rates, charge for the costs or rectification and reparation if there is a question of user errors or an improper use by the client of other not attributable to Formpipe Lasernet causes or, if the errors by the carrying out of the agreed acceptance test could have been ascertained.
The recovery of mutilated or lost data is not covered the warranty.
The warranty obligation becomes void if the client, without a written consent from Formpipe Lasernet, applies changes in the software or allows same to be applied, which consent shall not be withheld on unreasonable grounds.
22.2 The rectification of errors shall effect at a location to be determined by Formpipe Lasernet. Formpipe Lasernet is entitled to apply temporary solutions or programme bypasses or problem avoiding restrictions in the software.
22.3 Formpipe Lasernet has no obligation with respect to a rectification of errors that have been reported after the expiry of the in sub clause 22.1 referred to warranty period, unless a maintenance agreement [service contract] has been concluded between the parties which contains such an obligation towards rectification.
23.1 If a maintenance agreement has been concluded for the software or, if the usage fee of the software is included in the maintenance, the client shall, such pursuant to the usual procedures of Formpipe Lasernet, make detailed report of the determined errors in the software to Formpipe Lasernet. After receipt of this notification, Formpipe Lasernet shall to the best of its capacity make all effort, within the meaning of sub clause 6.6, to apply rectifications and/or corrections in later new versions of the software. The results shall be dependent on the urgency of the manner and period such to be determined by Formpipe Lasernet as to when this is made available to the client. Formpipe Lasernet is entitled to apply temporary solutions or programme bypasses or problem avoiding limitations in the software. In the absence of express agreements with respect to this, the client shall itself install, set up, parameterize, tune the rectified software or the provided new version, and adapt the equipment and operational environment employed therewith. Unless expressly otherwise agreed, Formpipe Lasernet is not obligated to carry out a data conversion.
23.2 Formpipe Lasernet does not warrant that the software shall operate without interruption, errors or other defects or that all errors or other defects will be corrected.
23.3 Formpipe Lasernet can, such pursuant to its usual rates, charge for the costs or rectification and reparation if there is a question of user errors or improper use or other not attributable to Formpipe Lasernet causes or if the software is changed by entities than Formpipe Lasernet itself. The recovery of mutilated or lost data does not fall under maintenance.
23.4 If a maintenance agreement has been concluded, Formpipe Lasernet shall on the becoming available of improved versions of the software, make same available to the client. Three months after having made the improved version available, Formpipe Lasernet shall no longer be obligated to rectify any errors in the old version nor towards a provision of support with respect to the old version. For the making available of a version with new possibilities and functions, Formpipe Lasernet can require from the client that it enters into a new agreement with Formpipe Lasernet and that payment be made for the providing of a new version.
23.5 If the client has not concurrently concluded a maintenance agreement with the entering into a provisioning of software agreement with Formpipe Lasernet, Formpipe Lasernet cannot be held to as yet enter into a maintenance agreement at a later point in time.
23.6 In the absence of an expressly agreed invoicing schedule, all those amounts pertaining to the maintenance of software are payable before the commencement of the maintenance period.
24.0 Software of Formpipe Lasernet
24.1 If and in so far Formpipe Lasernet provides the client with software from third parties, there shall, provided that Formpipe Lasernet has notified this in writing to the client, for that concerning that software, the conditions of those third parties be applicable instead of that as specified in these conditions. The client accepts the referred to conditions of those third parties. These conditions can be inspected at Formpipe Lasernet and Formpipe Lasernet shall forward these conditions at no cost on a request from the client. If and in so far the referred to conditions of third parties are, in the relationship between the client and Formpipe Lasernet, deemed, for whatsoever reason, to be not applicable or are declared to be inapplicable, then that stipulated in these General Terms and Conditions applies in full.
SALE OF EQUIPMENT
The conditions stated in the “Sale of Equipment” chapter are, in addition to the General Conditions of these General Terms and Conditions, applicable if Formpipe Lasernet sells equipment to the client. In so far that the tenor of the following conditions are not consistent thereto, there is under the term ‘equipment’ also loose components of equipment included.
25.0 Selection of equipment, delivery and risk
25.1 The client bears the risk for the selection of the purchased equipment. Formpipe Lasernet does not vouch that the equipment is suitable for the use as intended by the client , unless in the written purchase agreement between the parties the usage purposes are clearly specified and this without reserve.
25.2 The equipment sold by Formpipe Lasernet to the client shall be delivered to the client at the location of the warehouse of Formpipe Lasernet. Solely if this has been agreed in writing, shall Formpipe Lasernet deliver or let deliver the sold equipment to the client at a location designated by the client. Formpipe Lasernet shall where possible timely notify the client of the point in time of delivery of the equipment such at that time intended by it or the carrier engaged for this. The delivery times as indicated by Formpipe Lasernet are each time for information purposes only.
25.3 The delivery of the equipment takes place at the agreed location at the agreed purchase price. Unless otherwise expressly agreed, there is not included in the purchase price of the equipment that of the transport costs, insurance, tackle and hoisting work, hire of temporary facilities and suchlike.
25.4 The risk of loss, theft and damage of the equipment transfers to the client on delivery to it. If for the delivery, either or not at the request or instruction of the client, use is made of a carrier, the risk of loss, theft and damage of the equipment however immediately transfers to the client at that moment of issue of the equipment to the carrier.
25.5 Formpipe Lasernet shall pack the equipment in accordance with its applicable usual standards. If the client desires a special manner of packing, then the extra costs for this shall be for its account. The client shall handle the packaging released by the Formpipe Lasernet delivered products in a manner consistent with the therefor applicable government regulations. The client indemnifies Formpipe Lasernet against claims from third parties due to a noncompliance with such regulations.
26.0 Environment requirements and installation
26.1 The client will ensure an environment that, in this instance, meets the requirements as specified by Formpipe Lasernet specified for the equipment (e.g. the temperature, humidity, technical environment requirements and suchlike).
26.2 If the parties have expressly agreed this in writing, Formpipe Lasernet shall install the equipment or let this be installed. In any obligation towards installation of equipment by Formpipe Lasernet, there is not included the obligation for the installing of software or the carrying out of a data conversion.
26.3 If Formpipe Lasernet has bound itself towards an installation, the client will, before the delivery of the equipment, provide a suitable installation site with all the necessary facilities, such as cables and telecommunication facilities and observe all the instructions of Formpipe Lasernet for the installation.
26.4 The client shall grant access to Formpipe Lasernet to the place of installation during the normal working days and hours observed at Formpipe Lasernet for the carrying out of the necessary work.
27.1 Formpipe Lasernet shall to its best capacity make all efforts to repair without cost any material and manufacturing defects in the equipment, as well as in components which have been delivered by Formpipe Lasernet within the scope of the warranty or maintenance, and this within a reasonable period of time if these have been notified in detail and in writing to Formpipe Lasernet within a period of three months after delivery. If in the reasonable opinion of Formpipe Lasernet repair is not possible, repairs will take too long or if disproportionate high costs are attached to a repair, Formpipe Lasernet shall be entitled to replace the equipment free of charge with other similar but not necessarily identical equipment. Data conversion which is necessary due to a repair or replacement, is not covered by the warranty. All replaced components will become the property of Formpipe Lasernet. The warranty obligation lapses if the material or manufacturing defect is wholly or partially the result of improper, careless or incompetent use, from outside causes such as fire or water damage or, if the client, without the consent from Formpipe Lasernet, applies or lets apply changes in the equipment or components delivered by Formpipe Lasernet within the scope of the warranty or maintenance. Formpipe Lasernet shall not forbear such consent on unreasonable grounds.
27.2 The work and costs of repair out with the scope of this warranty shall be charged by Formpipe Lasernet in accordance with its usual rates.
27.3 Formpipe Lasernet has no obligation for the repair of errors such notified after the expiry of the warranty period as referred to in sub clause 27.1, unless a maintenance agreement has been concluded between the parties which stipulates such an obligation towards reparation.
28.0 Equipment of Formpipe Lasernet
28.1 If and in so far Formpipe Lasernet delivers equipment from third parties to the client, there shall, provided that this has been notified in writing by Formpipe Lasernet to the client, for that concerning the equipment, the conditions of those third parties be applicable, with substitution of the thereof diverging conditions in these conditions. The client accepts the referred to conditions of third parties. These conditions are available for inspection by the client at Formpipe Lasernet and Formpipe Lasernet shall forward these to the client at its request and this without cost. If and in so far the referred to conditions of third parties are in the relation between the client and Formpipe Lasernet, for whatsoever reason, deemed to be not applicable or declared to be not applicable, there applies in full that as stipulated in these General Terms and Conditions.
MAINTENANCE OF EQUIPMENT
29.0 Duration of the maintenance obligation
29.1 The agreement for the maintenance of equipment is entered into for that term agreed between the parties, in the absence whereof a term of one year applies.
29.2 The term of the agreement is each time tacitly extended for the original period, unless the client or Formpipe Lasernet terminates the agreement in writing with due observance of a period of notice of termination of three months before the end of the current contract period.
30.1 The content and extent of the maintenance services and any accompanying service levels to be provided by Formpipe Lasernet shall be set out in a written agreement between the parties. In the absence thereof, Formpipe Lasernet is obligated to endeavour to its best capacity, within a reasonable period of time, to clear interruptions/ malfunctions that have been properly notified by the client to Formpipe Lasernet. Under ‘interruption/ malfunction’ there is in this chapter implied the not or not without interruption satisfying the written expressly set out specifications of the equipment by Formpipe Lasernet. There is solely a question of an interruption/ malfunction if the client can demonstrate this and this can be reproduced.
30.2 The maintenance is carried out during the working days and working hours such observed at Formpipe Lasernet.
30.3 Formpipe Lasernet reserves, among other things, the right to suspend its maintenance obligations for that time during which, at the place of the setup of the equipment, situations occur which, in the opinion of Formpipe Lasernet, entail risks with regard to the safety or health of the employees of Formpipe Lasernet.
30.4 Formpipe Lasernet ensures the keeping of its expertise current with respect to the equipment. Formpipe Lasernet shall register and record in its administration all the relevant data pertaining to the work carried out on the equipment. Formpipe Lasernet will on request allow the client inspection into the thus recorded data.
30.5 The replacement of components takes place if this, in the opinion of Formpipe Lasernet, is necessary to rectify interruptions/ malfunctions or to prevent same. The replaced components will become or remain the property of Formpipe Lasernet.
31.0 Maintenance and conditions for use
31.1 The client shall, immediately after the occurring of an interruption/ malfunction in the equipment, notify Formpipe Lasernet thereof by means of a detailed description of the interruption/ malfunction such drawn up by a competent employee of the client. The client is held to grant access to the personnel of Formpipe Lasernet or Formpipe Lasernet designated third parties to the place of the equipment, to provide all other necessary cooperation and to make the equipment available to Formpipe Lasernet for the maintenance work.
31.2 At the request of Formpipe Lasernet, a competent employee of the client will be present for consultation during the maintenance work. The client is entitled to be present at all work to be carried out for the client.
31.3 The client is entitled to connect equipment and systems not supplied to it to Formpipe Lasernet to connect this to equipment sold to it and to install thereon software not supplied by Formpipe Lasernet. The costs of the examining and rectifying of malfunctions that arise through the connecting to equipment not supplied by Formpipe Lasernet or, of the installing of software not supplied by Formpipe Lasernet, is for the account of the client.
31.4 If in the opinion of Formpipe Lasernet that for the maintenance of the equipment there is necessary that the connections of the equipment with other systems or equipment is to be tested, the client shall make these other systems or equipment, as well as the respective test procedures and information carriers, available to Formpipe Lasernet.
31.5 The necessary test material for maintenance work that does not form part of the normal equipment of Formpipe Lasernet, is required to be provided by the client.
31.6 The client shall ensure the technical, spatial and telecommunication facilities which are necessary to allow the equipment to operate. The maintenance explicitly does not cover the aforesaid facilities and connections.
31.7 The client bears the risk of loss, theft or damage of the equipment during the period that Formpipe Lasernet has this in its possession for the maintenance work. It is at the discretion of the client to insure this risk.
Before extending the equipment to Formpipe Lasernet for maintenance, the client shall ensure that a complete and reliable reserve copy is made of the software and data.
31.8 Formpipe Lasernet does not accept maintenance obligations for equipment that has not been set up in the Netherlands, unless otherwise expressly agreed.
31.9 In the absence of an agreed invoicing schedule, all amounts pertaining to maintenance of equipment is payable on commencement of the maintenance period.
32.1 Work on account of the examining or rectifying of failures/ malfunctions such arising from the improper use of the equipment or from outside causes, such as faults in communication lines or in voltage supply facilities, or connections to or the use of equipment, software or materials which are not covered by the agreement, do not form part of the obligations of Formpipe Lasernet on the basis of the agreement, and shall be charged separately to the client at the usual rates.
32.2 There is not included in the maintenance price:
• The replacing of consumption items such as, among other things, magnetic storage media and ink ribbons;
• The replacement costs of components as well as maintenance services for the recovery of disruptions which are wholly or partly caused by endeavours towards recovery by others than Formpipe Lasernet;
• Work for the partial or complete overhaul of the equipment;
• Modifications to equipment;
• Moving, relocation, reinstallation of equipment or work as a result thereof
GDPR & SUPPORT
Please be aware that you shall pay special attention to remove all personal information on end users from screen shots, text etc. when submitting a ticket via e-mail or creating a ticket via the Formpipe Lasernet Support portal.
Personal information is any kind of information that may be attributed to a person. If we receive a ticket with enclosed personal information we will reject it, delete and purge it from our systems and ask you to submit a new ticket carrying only anonymized data.
When you use the Formpipe Lasernet Support portal we collect and process personal information about you: Name, Title, Phone Number, Email. This will typically be associated with creating a ticket. Entering the data into our system you explicitly consent to it being processed by us.
This information will be treated confidentially and used to contact you with relevant information. We undertake to collect only information necessary to provide our services to you and commit to complying with our current policies to delete information about you when they are no longer needed.
Normal working hours
|Monday – Thursday||09:00 – 17:00 (CET)|
|Friday||09:00 – 16:00 (CET)|
Creating tickets (in prioritized order)
Portal: New Ticket
Tickets can be issued 24 / 7 / 365.
Tickets issued outside of normal working hours will be addressed the first coming work day.
E-mails can be submitted 24 / 7 / 365 to automatically generate a ticket.
Tickets issued outside of normal working hours will be addressed the first coming workday.
Phone: +45 4366 0210
Phone is available during normal working hours only
It is reserved for emergency requests related to production or prior agreed arrangements only
To allow the Lasernet Support Team to provide you efficient and most competent support, please include the following information in the ticket:
- One ticket equals one issue only
- Title describing the content of the ticket accurately
- Description of the issue in detail
- Steps to reproduce (the simplest possible steps)
- Work process causing the issue
- Screen dumps showing the issue
- Configuration folder / project folder (please narrow it down so you only send the relevant modules)
- Input data
- Grab files
- Crash dumps
- Operation system & Operation system bit version
- AX version including CU / PU
- Connector version & Connector bit version
- Lasernet version & Lasernet bit version
- End Customer
- Environment (Development, Test, Pre-production, Production)
- Relevant logon information (VPN / RPC)
|Priority||Target response time||Description|
|Urgent||4 business hours||Interruption making a critical functionality inaccessible causing severe impact on services availability.
There is no possible work-around.
Applies to production only
|High||8 business hours||Critical functionality interrupted, degraded or unusable, having a severe impact on services availability.
No acceptable work-around is possible.
|Medium||16 business hours||Non-critical function or procedure, unusable or hard to use having an operational impact, but with no direct impact on services availability.
A workaround is available.
|Low||32 business hours||Application or personal procedure unusable, where a workaround is available or a repair is possible.|