We, Bechtle Clouds GmbH, Bechtle Platz 1, 74172 Neckarsulm, Germany (hereinafter referred to as “we”, “us”, “Bechtle Clouds”), operate an online platform providing cloud services for business customers at www.bechtle-clouds.com (hereinafter referred to as the “Platform”). The Platform enables authorised business users (hereinafter referred to as the “Customer” or “Customers”) to purchase cloud services by well-known vendors, e.g. Microsoft, as well as related Bechtle Group services, e.g. support services, (collectively referred to as the “Cloud Services”) through a Bechtle Group company (hereinafter referred to as the “Provider”).
(1) The following terms of use apply to the platform. The current Terms of use can be viewed, downloaded and printed at any time from the Platform’s home page by clicking on the link Nutzungsbedingungen (“Terms of use”).
(2). These Terms of use apply exclusively. Any differing, opposing or supplementary general terms and conditions the Customer may have will only be integrated into the agreement if and insofar as we expressly consent to their applicability. This requirement for consent applies in all cases, even, for example, if we begin providing services without expressing any reservations after having been informed of the Customer's general terms and conditions.
(3) Individual agreements (including supplementary agreements, amendments and additions) concluded in specific cases between us and the Customer will prevail over these Terms of use in all cases. A written contract or written confirmation from Bechtle Clouds is required to make the contents of any such agreement binding.
(4) References to the applicability of statutory provisions are only provided for the purposes of clarification. Statutory provisions therefore apply even without any such clarification, insofar as they are not directly modified or expressly excluded in these Terms of use.
(1) The Customer must first be approved by a Provider and sign a licence agreement with Bechtle Clouds based on these Terms of use in order to purchase Platform Cloud Services from the Provider and use other Platform features.
(2) The Platform is available exclusively to Customers who are entrepreneurs within the meaning of Section 14 of the German Civil Code (BGB), a legal entity under public law or a special fund under public law; the Platform may not be used by consumers.
(3) After the Customer has requested the activation, the Provider will submit any master data it has on the Customer (hereinafter referred to as the “Customer Master Data”) to Bechtle Clouds, which will use it to create the Customer’s Platform account. The Customer will then receive its account login details (username and password) in an e-mail sent by the Provider. After logging in to the Platform for the first time, the Customer must click the corresponding button to indicate that it consents to these Terms of use. This establishes the licence agreement with Bechtle Clouds. The Customer is thenceforth authorised to use the Platform’s features to purchase Cloud Services.
(4) The Customer must designate an administrative contact prior to being approved by the Provider. The Provider will update the Customer Master Data on the Platform accordingly. The Customer’s administrative contact must have all decision-making authority and powers necessary for the purposes of Platform use. Furthermore, the Customer is required to update its account in the event of changes to the administrative contact or other authorised users. If the Customer fails to update authorised-user or administrative-contact information promptly, the Customer alone will bear any resulting disadvantages. Section 3 Scope of services, Provider Agreement
(1) We maintain and operate the Platform and its features, in particular those features used to purchase Cloud Services, in accordance with these Terms of use.
(2) The Platform enables Customers to order the offered Cloud Services from a Provider. The corresponding contracts governing the procurement of Cloud Services (hereinafter referred to as the “Provider Agreement”) are signed via the Platform directly between Customers and the appropriate Provider on the basis of manufacturer-specific contractual terms and conditions (hereinafter referred to as the “Manufacturer Terms and Conditions”). Bechtle Clouds simply provides the Platform and its features, in accordance with these Terms of use, to enable Customers to enter into a Provider Agreement for the procurement of Cloud Services. Bechtle Clouds will not be party to the Provider Agreement.
(3) We provide the Platform and its features without guaranteeing any particular availability. However, we will make every effort to ensure an average annual Platform availability of 99% during service hours, Monday to Friday, between 7:00am and 7:00pm (CET or CEST). Uninterrupted Platform availability is not contractually owed. Essential maintenance work, compelling security reasons and events that lie outside the scope of our responsibility (e.g. issues with public communication networks or the Internet, power outages or similar events) in particular may lead to issues, temporary interruption of our services or below-average annual Platform availability without this resulting in a breach of contractual obligations, insofar as we have not culpably caused such a breach of contractual obligations.
(4) We may temporarily suspend or limit Customers’ Platform access at any time where this is required to ensure the security or integrity of our servers or to take necessary technical steps for maintaining contractual performance in the interest of the Customer or other Customers. Restricted access may be required in particular to protect the Platform from Internet-based attacks (e.g. Distributed Denial of Service attacks) and is permissible in this case even if it results in below-average annual availability as described in Section 3 (3).
(5) Please note that we make every reasonable and appropriate effort, using our current security technology, to protect our systems against unauthorised third-party access to stored data. However, it is impossible to attain absolute protection against third-party attacks, even with today’s state-of-the-art technology, and we are not contractually bound to provide absolute security.
The Platform contains content (text, images, photographs, software, etc.) protected by relevant statutory provisions. This content therefore may be protected by copyright, trademark, patent or any other industrial property rights. The rights to Platform content are reserved exclusively for us and our corresponding licensors. Content may only be used within the scope of contractual Platform usage. Beyond this, Platform content, in particular text, images and photographs, may not be edited, downloaded, reproduced, rented, loaned, leased, sold, made publicly available or distributed in any other way without our express consent.
(1) Use of the Platform is free for Customers and systems integrators.
(2) We are entitled to modify the Platform or to fully or partially cease provision of the Platform at any time after giving appropriate advance notice. Platform features can be used to the extent that they are provided on the Platform at any given time. We may modify or fully remove individual Platform features at any time, although we will take into consideration the justified interests of both Customers and systems integrators. In particular, we reserve the right to modify the system in order to align it with current technological standards and to optimise it, especially with a view to enhancing user- friendliness. We also reserve the right to modify system content to correct errors, update and complete content, optimise content for programming purposes and comply with licensing law.
(1) The Customer’s account username and password must be treated confidentially. The Customer is responsible for all activity and actions on its account. The Customer must notify us immediately of any unauthorised use of its username, password or Customer account, or if any other security violation has occurred.
(2) The Platform provides the Customer with administrative features to manage its account. The Customer alone is responsible for administering the rights of the Platform users it has authorised. The Customer will ensure that the Platform is used by authorised individuals only. Authorised users are approved Customer employees as well as the administrative contact designated by the Customer. The Customer alone will monitor Platform use by its users. The Customer assumes responsibility for all actions by authorised Platform users.
(3) The Customer will ensure that its users comply with the applicable statutory provisions at all times. In particular, it is not permitted to disseminate illegal or immoral content, to reproduce, disseminate or make copyrighted products available unlawfully, or to send or disseminate harassing, libellous or threatening content.
(4) The Customer furthermore undertakes to ensure that its users never take any action threatening or compromising the security of our Platform. In particular, it is not permitted to hack into our data network or attempt to do so, to send spam e-mails, or to use equipment or run applications that would or could lead to issues/changes in the physical or logical structure of our servers or networks.
(1) Use of the Platform is governed by a licence agreement of indefinite duration. Either Party may terminate it, without providing justification, by giving a one (1)-week notice.
(2) The right to terminate for compelling reasons remains unaffected. In particular, we have the right to terminate the licence agreement for compelling reasons should the Customer violate these Terms of use.
(3) In all cases, the termination notice must be submitted in writing (e.g. by letter, e-mail or fax) to be considered valid.
(1) We are liable only in cases of wilful intent and gross negligence. Further claims for damages or reimbursement of expenses, regardless of their legal grounds (in particular violations of contractual obligations or tort law), are excluded.
(2) We are only liable for material or legal defects if Bechtle Clouds fraudulently conceals a material and/or legal defect from the Customer. Any further liability for material or legal defects is excluded. We do not guarantee that the Platform is free of material and legal defects.
(1) When processing data, we comply with the relevant data-protection regulations and use personal data relating to the Customer and its users only in accordance with the provisions of our privacy policy. Our current privacy policy can be viewed at any time on our Platform by clicking on the link “Privacy Policy ”. (2) Providers are considered as contract processors insofar as they process personal data relating to the Customer and its users while performing the Provider Agreement entered into with the Customer. Providers will therefore use personal Customer data only to perform the Provider Agreement or any other written Customer instructions, and only in accordance with data-protection regulations. In all remaining areas, the provisions of the Commissioned Data Processing Agreement shall apply.
We reserve the right to modify these Terms of use insofar as such changes do not affect any performance essential to the balance of service and consideration between the Parties and insofar as such changes are not unreasonable for the Customer (e.g. in the event of statutory amendments, changes in jurisprudence or changes to economic conditions). The Customer will be informed of changes either by e-mail or upon logging in to the Platform. We will choose which manner of notification is used. If the Customer does not object to these changes in writing within 30 days of receiving notice, they will be considered accepted and the modified Terms of use will apply thenceforth. We will explicitly draw the Customer’s attention to this detail when informing it of the changes. The Customer may terminate the licence agreement in accordance with Section 7 (1) if it does not consent to the changes made to the Terms of use.
(1) The licence agreements between us and Customers, including these Terms of use, are governed by the laws of the Federal Republic of Germany.
(2) The place of jurisdiction for all legal disputes arising from or in connection with the use of this Platform is the location of Bechtle Clouds’ headquarters.
(1) Amendments and additions to these Terms of use and any legally relevant declarations and notices submitted by either Party after the agreement has been signed (e.g. to set deadlines, note defects or declare rescission or price reduction) require the written form (e.g. letter, e-mail or fax). Statutory form requirements as well as further evidence, in particular if the legitimation of the Party submitting the declaration is in doubt, remain unaffected.
(2) If any provision in these Terms of use is or becomes fully or partially null and void, or if an omission is identified in these Terms of use, the validity of the remaining provisions remains unaffected.
(3) The German version of these Terms of use will prevail over any translations thereof into other languages.