Thomas-Krenn Service AGB

Additional services ("MyServices")

In connection with the purchase of hardware from Thomas-Krenn.AG, you can arrange additional support and services with Thomas-Krenn.AG that are subject to a fee ("Services").

You can choose from the following service packages:

"Essential Package"	"Exclusive Package"	"Enterprise Package"
Content (service levels):	Content (service levels):	Content (service levels):
Thomas-Krenn-Wiki E-mail support Hotline support Driver support Installation support Hardware replacement NBD	Thomas-Krenn-Wiki E-mail support Hotline support Driver support Installation support Hardware replacement NBD Hotline support 24/7 On-site service NBD	Thomas-Krenn-Wiki E-mail support Hotline support Driver support Installation support Hardware replacement NBD Hotline support 24/7 24/7/4 service and support On-site and same-day replacement
Selected duration:	Selected duration:	Selected duration:
24 months 36 months 60 months	24 months 36 months 60 months	24 months 36 months 60 months
countries:	Countries:	Countries:
EU* Switzerland2 GB2	EU* Switzerland2 UK2	Germany (other countries on request)

The specific scope of services, the duration of the services to be provided by Thomas-Krenn.AG and the applicable provisions are set out in

• Your specific order, in which you select or compile the specific service package, provided that this order has been confirmed by Thomas-Krenn.AG,
• the terms and conditions of service, including the service levels applicable to the services you have selected, and
• the General Terms and Conditions of Thomas-Krenn.AG.

Your statutory warranty rights as the purchaser of the hardware from Thomas-Krenn.AG are not affected by the agreement of the services.

In the following ordering process, you can view, download and save the terms and conditions applicable to the services you have selected and the remuneration to be paid for them before placing a binding order. Only after you have agreed to the relevant contractual provisions can you place a binding order for the services you have requested.

² Hardware replacement NBD cannot be guaranteed in these countries, as the parts are shipped from Germany and customs can affect the speed of delivery. Therefore the advance exchange is given, but not NBD.

* Belgium, Luxembourg, Austria, Poland, Czech Republic, Netherlands, Italy, France
The location of the server/service products at the customer's premises is decisive (as regulated in the service conditions).

To configure the service package >>

Service conditions/Service levels

1. introduction

a. The customer has the option of agreeing additional fee-based support and services ("Services") with Thomas-Krenn.AG in connection with the products purchased from Thomas-Krenn.AG. For this purpose, the customer can choose from various service packages offered in the Thomas-Krenn.AG online store or combine individual services with each other, insofar as this is offered in the Thomas-Krenn.AG online store ("service packages").

b. The specific scope of services, the duration of the services to be provided by Thomas-Krenn.AG and the applicable provisions (together "service contract") are set out in

• the order placed by the customer in the online store and the services specifically selected or compiled therein, insofar as this has been confirmed or executed by Thomas-Krenn.AG ("service order") ,
• the terms and conditions of service, including the service levels contained therein for the services selected by the customer,
• the General Terms and Conditions of Thomas-Krenn.AG.

In the event of conflicting provisions, the documents shall apply in the aforementioned order, so that in such a case, for example, the provisions of the Service Order shall take precedence over the respective provisions of the Service Levels and the provisions of the Service Terms and Conditions shall take precedence over the respective provisions of the General Terms and Conditions of Thomas-Krenn.AG.

Our service contracts are not an extension of warranty for a fee, but in any case a service subject to VAT.

2. requirements for the provision of services, duration and remuneration

a. Thomas-Krenn.AG provides the services exclusively in relation to the products specifically named in the respective service order, which the customer has purchased from Thomas-Krenn.AG. The prerequisite for the provision of the services is therefore an effective service order from the customer for such a product ("service product").

b. Following an effective service order, the customer is entitled to the service level selected by him for the term specified in the service order, calculated from the date of purchase of the service product. After expiry of the agreed term, the service contract ends automatically without the need for termination. The right of either party to terminate for good cause remains unaffected.

c. The flat-rate fee agreed in the service order covers the cost of the services owed under the service contract and the materials to be used during the term of the service contract, unless otherwise stated for specific services and/or materials in the service contract. Such services and / or materials require a separate agreement and are to be remunerated separately (e.g. according to material use or expenditure).

3. basic scope of services and changes to the services

a. Thomas-Krenn.AG provides the services for a service product within the scope of and in accordance with the specifications of the agreed service levels described below (see section 5 below). The services generally include basic support services that Thomas-Krenn.AG provides regardless of defects in the service product, such as e-mail support, hotline support or access to an online portal. Furthermore, the services include additional support services that Thomas-Krenn.AG provides in the event of a technical problem that is due to a defect in the service product. The scope of these additional services is largely determined by the selected service packages and the applicable service levels.

b. Thomas-Krenn.AG will notify the customer of changes that affect the customer's service contract by email to the email address provided at least thirty (30) days before the change comes into effect. Thomas-Krenn.AG will not make any changes to the services offered as part of the services that reduce the scope of the services offered by Thomas-Krenn.AG as part of the services or that significantly impair the obligations of Thomas-Krenn.AG in the provision of the services or the customer's entitlement to the services.

4 Restrictions and exclusions

a. Restrictions
Thomas-Krenn.AG will make reasonable efforts to professionally rectify the errors in the service products reported by the customer and technical problems of the customer with service products within the scope of the respective service levels, but without guaranteeing the success of a rectification.

b. Exclusions
Unless otherwise specified in the service contract, Thomas-Krenn.AG does not provide any services in relation to problems or issues that do not fall within the scope of the service contract. Furthermore, Thomas-Krenn.AG does not provide any services for products that were not purchased from Thomas-Krenn.AG.

c. Best Price
Best-price products are excluded from our service packages.

5. description of individual services and service levels

Fault-independent services
The following services represent basic support services of Thomas-Krenn.AG, which can be used by the customer regardless of the existence of errors and/or defects in the service products.

(1) Thomas-Krenn Wiki
Thomas-Krenn Wiki is an online portal in which Thomas-Krenn.AG prepares and provides its customers with know-how regarding server technology in corresponding, regularly changing or updated articles. The articles provide customers with answers to current questions in the server environment as well as background information on relevant server technologies. The central topics in the Thomas-Krenn Wiki are

• Server hardware
• Server software
• storage
• Virtualization
• Network and accessories
• Project presentations

Thomas-Krenn.AG provides the customer with Thomas-Krenn Wiki for the agreed contract period. The degree of availability of the Thomas-Krenn Wiki portal is 95.5% on an annual average and takes into account any downtimes, for example due to malfunctions or other events that are not caused by Thomas-Krenn.AG or due to system-inherent maintenance or data backup work.

(2) Email support
In the event of technical problems with and/or errors in the service products, the customer can contact the service staff of Thomas-Krenn.AG by email. The customer will then receive support by e-mail to resolve the technical problems. This e-mail support is intended to provide the customer with quick and effective assistance in the event of problems with the service products. However, Thomas-Krenn.AG cannot guarantee that all technical problems can be resolved via this e-mail support. Rather, additional measures may be required in individual cases to resolve problems.

(3) Hotline support

In the event of technical problems with and/or errors in the service products, the customer can contact the technical support of Thomas-Krenn.AG by telephone. This hotline support is available to the customer from Monday to Friday (with the exception of public holidays in Bavaria) from 07:00 to 22:30. This hotline support is intended to provide the customer with fast and effective assistance in the event of problems with the service products. However, Thomas-Krenn.AG cannot guarantee that any technical problems or defects can be resolved via this hotline support. Rather, additional measures may be required in individual cases to resolve problems.

(4) Hotline support 24/7
With the hotline support 24/7, the customer is entitled to the same services as with the hotline support (see above under point 5 a. (3) above), except that with 24/7 hotline support the customer has the option of using this support around the clock (i.e. 24 hours/day and 7 days/week).

(5) Driver support
Thomas-Krenn.AG provides the customer with drivers for the service products. Thomas-Krenn.AG reserves the right to select the drivers. The customer is not entitled to specific drivers or the latest driver.

The drivers are made available to the customer by Thomas-Krenn.AG via the website https://www.thomas-krenn.com/de/download.html. The customer can retrieve these drivers there.

(6) Installation support
For the installation of the hardware purchased from Thomas-Krenn.AG, the customer receives support and assistance from Thomas-Krenn.AG. The customer can make use of this installation support either by telephone or by email. However, Thomas-Krenn.AG cannot guarantee that any technical problems can be resolved via this installation support. Rather, additional measures may be required in individual cases to resolve problems.

(7) Keep Your Drive

KYD terms and conditions

7.1 Scope of application; no impairment of warranty rights

a.Customers can obtain the fee-based "Keep Your Drive" service ("KYD Service") in accordance with the following terms and conditions.

b.The following terms and conditions apply to the KYD Service (these terms and conditions hereinafter referred to as "KYD Terms and Conditions"). If it turns out that a hard disk purchased from Thomas-Krenn.AG is defective, but data is still stored on it that the customer does not wish to return, the KYD service allows the customer to keep the defective hard disk in a warranty or support case in which the defective hard disk must be exchanged for a new one.

c.Neither the statutory warranty rights of the customer as the purchaser of the hardware from Thomas-Krenn.AG, nor any rights of the customer arising from an additionally agreed service contract with Thomas.Krenn.AG are affected by the agreement of the KYD service. The customer of Thomas-Krenn.AG is also entitled to the full statutory warranty rights, even if he does not use the KYD service.

d. These KYD terms and conditions apply in the following two cases:

aa. Warranty case

On the basis of the General Terms and Conditions of Thomas-Krenn.AG, the customer has a warranty claim under sales law (subsequent delivery claim) with regard to the defective hardware product, under which the defective hard disk must be replaced with a new one. On the basis of the KYD service, the customer's obligation to return the defective hard disk to Thomas-Krenn.AG in accordance with § 439 Para. 5 BGB to Thomas-Krenn.AG.

bb.Support case

The customer is entitled to the replacement of a defective hard disk on the basis of a service contract agreed with Thomas-Krenn.AG. On the basis of the KYD service, the customer's obligation to return the defective hard disk to Thomas-Krenn.AG in accordance with the service contract does not apply in this case.

7.2 Requirements for the KYD service, term and remuneration

a.Thomas-Krenn.AG offers the customer the KYD service exclusively in relation to the specifically named hard disk(s) that the customer has purchased from Thomas-Krenn.AG as a stand-alone product or as part of another hardware product. The prerequisite for the provision of the KYD service is therefore an effective purchase contract for such a hardware product ("service product") between Thomas-Krenn.AG and the customer.

b.If a service contract exists between the customer and Thomas-Krenn.AG, the customer can purchase the KYD service in relation to the service product for the term of the service contract for a fee. If such a service contract does not exist, the customer can purchase the KYD service in relation to the service product for a fee for the term of one (1) year.

c.In any case, the customer can only book the KYD Service together with the order of the service product; there is no isolated or subsequent possibility to book the KYD Service in addition.

d.After placing an effective order, the customer is entitled to the KYD Service for the fixed term specified in the order, calculated from the date of purchase of the corresponding service product ("Term").

e.The amount of the remuneration depends on the Term. The remuneration agreed in the order fully covers the services owed by Thomas-Krenn.AG with regard to the KYD Service.

f.The KYD service ends at the end of the term without the need for a separate termination. The term of any service contract remains unaffected by the termination of the KYD service. The possibility of extraordinary termination of the KYD Service also remains unaffected.

7.3 Prerequisite for the KYD Service

a.The basic prerequisite for using the KYD service is that the data on the defective service product can no longer be deleted by the customer and that the customer has provided Thomas-Krenn.AG with proof of this.

b.It is the responsibility of the customer to contact the technical support of Thomas-Krenn.AG to obtain any information and advice on remaining options for data deletion before informing Thomas-Krenn.AG in accordance with section 3 b that the data cannot be deleted.

c.The customer can provide proof in accordance with section 3. a. by declaring to Thomas-Krenn.AG in writing or by e-mail to support@thomas-krenn.com, stating the serial number and whether it is a warranty or support case, that the data cannot be deleted by him and also assures that he has tried all methods available to him to delete the data without success.

d. The customer is obliged to store the defective hard disk in an unchanged condition; this obligation to store ends after six months, calculated from the time the customer notifies Thomas-Krenn AG in accordance with section 3. c. Within this period, the customer is obliged, at the request of Thomas-Krenn.AG, to have the defective hard disk checked on site by the service staff deployed by Thomas-Krenn.AG; the customer can make this check dependent on the conclusion of an order processing agreement.

7.4 Unauthorized use of the KYD service; return and lump-sum reimbursement of expenses

a.If, after Thomas-Krenn.AG has inspected the defective hard drive on site, it turns out that the data could have been deleted contrary to the customer's specifications and the customer could have recognized this - if necessary by using the support of Thomas-Krenn.AG - the customer's claim to the KYD service expires.

b.In this case, Thomas-Krenn.AG's claims for the return of the defective hard disk are governed by the provisions of the service contract or the statutory warranty provisions.

c.In this case, Thomas-Krenn.AG is also entitled to demand a lump-sum reimbursement of expenses in the amount of EUR 250.00 from the customer. Thomas-Krenn.AG reserves the right to prove that higher damages have been incurred. The customer reserves the right to prove that no damage at all or only significantly less damage was incurred.

7.5 Data backup / cooperation of the customer

a.Thomas-Krenn.AG recommends that the customer regularly backs up their data. It cannot be ruled out that the use of the KYD service by Thomas-Krenn.AG by the customer is accompanied by the irretrievable loss of personal data, programs, software, etc., which are located on the defective service product in question. The customer is therefore responsible for backing up all of their data, programs, software, etc. before using the KYD service on the service products in question. Thomas-Krenn.AG does not regularly owe any data backup. Thomas-Krenn.AG therefore assumes no liability for the loss of data, programs, software caused by the above-mentioned obligation of the customer to back up data.

b.In addition, the customer must keep all data relating to the defective service product available and inform Thomas-Krenn.AG of this. In addition, the customer must take all other cooperative actions that are required by Thomas-Krenn.AG for the proper execution of the KYD service and that are reasonable for the customer.

7.6 Miscellaneous

a. Terms of payment

The terms of payment of the General Terms and Conditions of Thomas-Krenn.AG apply.

b.Applicable law and agreed place of jurisdiction

The provisions on applicable law and place of jurisdiction in the General Terms and Conditions of Thomas-Krenn.AG apply accordingly.

c.Severability clause

Should individual provisions of these KYD terms and conditions be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by mutual agreement by a legally valid provision that comes closest to the economic sense and purpose of the invalid provision. The above provision shall apply accordingly in the event of loopholes.

Error-dependent services
The following services require a technical problem that is attributable to a defect within the meaning of Section 434 of the German Civil Code (BGB) in the service product ("fault-dependent services"). The customer can make use of these fault-dependent services regardless of whether the defect already existed at the time of the transfer of risk or only occurs during the term of the service contract.

The customer can make use of the defect-related services irrespective of any warranty claims of the customer with regard to the service products. The fault-based services under these Service Terms and Conditions do not include the reimbursement of costs or expenses incurred by the customer for the determination and diagnosis of a defect in a service product.

Any warranty claims to which the customer is entitled under sales law in respect of the service products remain unaffected by these Service Terms and Conditions. The customer may assert warranty claims under sales law in accordance with the General Terms and Conditions, whereby the customer's obligation to report faults in accordance with Section 10 (2) of the General Terms and Conditions shall apply with regard to any reimbursement of costs or expenses incurred by the customer for the investigation and diagnosis of a defect in a product.

The basic prerequisite for the use of the fault-dependent services is that the customer has first contacted the technical support of Thomas-Krenn.AG by telephone and described the defect, and the defect could not be successfully remedied by the technical support. After the customer accepts the call, Thomas-Krenn.AG creates a log (ticket) and begins processing it. The ticket records in particular the time the call was received, its content, the processing steps, the processing status and the processor(s) of the process. The ticket is kept up to date by Thomas-Krenn.AG in accordance with the processing procedure.

The customer can make use of some of the error-related services directly on site at the location of the service products. However, this only applies if the location of the service product is in one of the countries in which the respective service is offered. This depends on the information in the service order ("service location").

(8) Hardware replacement NBD (Next Business Day)
In the case of "Hardware replacement NBD", Thomas-Krenn.AG replaces the defective service product. For the replacement, the customer must first report a defect in the service product to Thomas-Krenn.AG by phone or email. After receiving the fault report, Thomas-Krenn.AG will send the customer a replacement product. Thomas-Krenn.AG is also entitled to provide the customer with a higher-quality replacement product. If the error message is received by Thomas-Krenn.AG by 12:00 noon on working days, the replacement product will be sent on the working day following the error message. When the replacement product is sent, the customer also receives a return slip for the return of the defective service product to Thomas-Krenn.AG, so that the customer does not incur any transportation costs for the return. The customer is obliged to return the defective service product to Thomas-Krenn.AG one working day after receiving the replacement product. The shipment of the service product (including the replacement product to the customer) is at the customer's risk.

(9) On-site service NBD (Next Business Day)
With the "on-site service NBD", the customer can make use of the technical services of Thomas-Krenn.AG directly at the service location. For this purpose, the customer must first report a defect in the service product to Thomas-Krenn.AG by telephone or email. If the error message is received by Thomas-Krenn.AG by 12:00 noon on working days, a Thomas-Krenn.AG service employee will be sent to the customer on the following working day to rectify the defect. This service will only be carried out during our regular business hours from 08:00 to 17:00. If the error message is received later or on a weekend or public holiday, the Thomas-Krenn.AG service employee will not visit the customer to rectify the defect until the next working day but one.

(10) 24/7 service and support

With the "24/7 Service and Support", the customer has access to the same services of Thomas-Krenn.AG as with the "On-site Service NBD" (see above under point 5 b. (2) above), except that with 24/7 service and support, the customer has the option of making use of this support within 24 hours of receipt of the error message by Thomas-Krenn.AG.

(11) 24/7/4 Service and Support
With the "24/7/4 Service and Support", the customer has access to the same services of Thomas-Krenn.AG as with the "24/7 Service and Support" (see above under point 5 b. (3) above), except that with 24/7/4 service and support, Thomas-Krenn.AG will even provide the services within 4 hours of receipt of the customer's error message by Thomas-Krenn.AG. With "24/7/4 Service and Support", services for accessories such as cables, BBUs, cache vault modules, adapters and/or DVD drives are excluded, unless otherwise agreed between Thomas-Krenn.AG and the customer.

(12) On-site and same-day replacement
In the case of "on-site and same-day replacement", the defective service product is replaced by Thomas-Krenn.AG with an equivalent or higher-quality replacement product directly at the service product location. For this purpose, the customer must first notify Thomas-Krenn.AG of a defect in the service product by telephone or email. If the defect is reported to Thomas-Krenn.AG by telephone or email on working days, Thomas-Krenn.AG will visit the customer within 4 hours of receipt of the notification of the defect by Thomas-Krenn.AG in order to replace the defective service product.

With the optionally bookable "Solution Support" service, Thomas-Krenn.AG offers the customer extended support for problems that are not attributable to a hardware malfunction. The service is limited to a specific product or a specific manufacturer. This restriction is made clear in the specific order. The "Solution Support" includes an annual hourly quota of ten hours of reactive problem-solving service. Any additional hours required must be purchased for a fee. Installation and configuration services as well as services for the care and maintenance of the system are excluded from "Solution Support". In order to offer the customer the best possible support, Thomas-Krenn.AG will in individual cases call in manufacturers or service providers to solve the problem. Direct contact between the customer of Thomas-Krenn.AG and third parties is possible, but not mandatory. By booking the service, the customer agrees that their contact details, ticket and system information may be passed on to third parties for the processing of a solution support case.

6. data backup / individual settings / cooperation of the customer

a. Thomas-Krenn.AG recommends that customers regularly back up their data. During the performance of services by Thomas-Krenn.AG, data, programs, software, etc. located on the relevant service products may be irretrievably lost. The customer is therefore responsible for backing up all of their data, programs, software, etc. before Thomas-Krenn.AG performs services on the relevant service products and for creating a backup so that a reinstallation can take place after the services have been performed. Thomas-Krenn.AG points out that no data backup is owed by Thomas-Krenn.AG even within the scope of on-site services (on-site service NBD, 24/7/4 service and support and on-site and same-day replacement) and that data may be lost as a result of the services provided by Thomas-Krenn.AG technicians. Thomas-Krenn.AG therefore assumes no liability for the loss of data, programs or software caused by the above-mentioned obligation of the customer to back up data.

b. The customer is responsible for ensuring that the provisions of the GDPR, in its current version, are taken into account when returning data carriers of any kind.

c. Individual customer settings may be lost as a result of the services provided by Thomas-Krenn.AG. The restoration or reinstallation of the customer's individual settings is not part of the services. These settings must be made by the customer themselves .

d. Telecommunications equipment required by the employees of Thomas-Krenn.AG for the proper execution of the services, in particular for testing and diagnostic purposes as well as for troubleshooting and defect rectification, must be provided by the customer at their own expense. In addition, the customer must provide all information required to analyze and rectify a fault or defect. In particular, the customer must provide and communicate all data relating to the service product. In addition, the customer must take all other cooperative actions that are required by Thomas-Krenn.AG for the proper execution of the services and that are reasonable for the customer.

You can also downloadthe service terms and conditions of Thomas -Krenn.AG as a PDF download!

(Status: 02.2023)