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General Terms and Conditions (GTC)
The following General Terms and Conditions (hereinafter referred to as "Conditions") are valid for all the contracts of
With its customers with regards to delivery of its DMS (Document Management System) – Software products (General term / hereinafter: ecoDMS – computer program) and / or the delivery of related services, particularly the supply of computer programs and their updates / upgrades and related services.
These conditions equally apply for contractors and consumers.
If the customer is a contractor as defined by § 14 of the German Civil Code (A contractor is a natural person or a legal entity or partnership capable of holding rights who enters into a legal transaction for a purpose that can be attributed to his/its commercial or independent professional activities), these conditions subject to certain amendments by ecoDMS, apply to all future contracts between ecoDMS and the customer without any further reference to these.
In addition to these Conditions, the EULA (End User License Agreement) and the SLA (Service-Level-Agreement) possibly related to the product apply for the use of all products provided to the customer with the delivery of such products and services.
These Terms & Conditions shall apply exclusively. ecoDMS shall not recognize the General Terms and Conditions of the customer if they are in conflict with or deviating from ecoDMS's Conditions, unless the parties conclude a special agreement thereto in writing.
§1 Notice of withdrawal/Indication of special provisions about sealed Software and Downloads
Insofar as the customer is a consumer as defined by § 13 of the German Civil Code ("A consumer is a natural person who enters into a legal transaction for a purpose that cannot be ascribed to a commercial or independent business activity."), the customer will be informed about his statutory right to withdraw in conformance with the EU Directive on Consumer Rights as follows:
Notice of withdrawal Right of withdrawal You have the right to withdraw from the contract within fourteen days running from the order date, without giving any reason.
The withdrawal period is two weeks from the date 1. (in the case of a service contract) of the conclusion of the contract 2. (in the case of a sales contract) on which you or a third party authorized by you, who is not a carrier have/has taken the goods in possession.
To exercise your right of withdrawal, you must inform us
of your decision to withdraw from the contract by sending us a clear declaration in writing (e.g. a letter in the post, Telefax or E-mail). The specimen withdrawal form to be used can be found by visiting the following link. The sample withdrawal form or any other clear declaration available at the following link can also be filled electronically and submitted over our website.
If you make use of this option we shall immediately (e.g. by email) send you a confirmation of receipt of your withdrawal.
The withdrawal term shall be deemed as observed if the notice of withdrawal has been sent well before the withdrawal term expires.
Consequences of withdrawal: When you withdraw from this contract, any payments that you may have made to us including the delivery charges (with the exception of any additional costs of delivery of any type that you may choose rather than the standard delivery offered by us), shall be paid back to you within fourteen days from the day we receive your notice of withdrawal from this contract. For this repayment we shall use the same mode of payment that you used for the original transaction, unless anything else has been agreed with you in writing. Under no circumstances shall we charge you any fees for this repayment.
In the case of a contract to provide services: Should you demand that the services be started during the withdrawal period, then you will have to pay us an appropriate amount which is in proportion to the extent of the services provided up until the time you notified us of you exercising your right of withdrawal from this contract, in comparison with the full coverage of the contract.
If you have received goods in connection with the performance of the contract: You must return or hand over the goods to us in any case, latest within fourteen days from the day you notify us of your withdrawal from this contract. The deadline shall be deemed to have been met if you dispatch the goods before the period of fourteen days expires. You will bear the direct costs of resending the goods.
End of the notice of withdrawal
Lapse of the right of withdrawal Pursuant to § 356 Para 4 of the German Civil Code, the right of withdrawal from a contract for delivery of services lapses even when the contractor has rendered the service in its entirety and has begun with the execution of the service only after having received explicit approval from the consumer, who at the same time confirms being aware that he will lose his right of withdrawal upon complete fulfilment of the contract by the contractor.
Pursuant to §356 Para 5 of the German Civil Code, the right of withdrawal from a contract concerning the supply of digital content that is not loaded on physical data carriers lapses even when the contractor has started execution of the contract, after the consumer
1. has expressly agreed that the contractor may begin with the execution of the contract before the end of the withdrawal period and 2. has confirmed that he knows fully well that he will lose his right of withdrawal upon complete fulfilment of the contract.
No right of withdrawal Pursuant to § 312 Para 2 No. 6 of the German Civil Code, the right of withdrawal does not apply on contracts for the supply of audio or video recordings or of software where the seal on the data carriers has been broken by the consumer.
§ 2 Information about online dispute resolution according to the ODR regulation (EU) no. 524/2013
§3 Definition of Terms „ecoDMS"
Das ecoDMS-Computer program (General term) has been developed for the database-aided administration of electronic documents. The term is used for the management of documents that were originally paper-based and original electronic documents in the electronic system. An "audit-proof electronic archiving system" is generally accepted for use, if it satisfies the requirements of the basic principles of accurate data processing-supported bookkeeping systems (GoBS) and the associated basic principles of accessing data and verifiability of digital documents (GDPdU), is operated in the correct manner, the documents are archived in a non-modifiable and tamper-proof manner and the archiving system is so designed that a qualified third person (e.g. Auditor) can get an overview of the business transactions and the situation of the company in a reasonable span of time. No document management and archiving product can by itself epitomise or claim audit-compliance; the contractual ecoDMS-computer program is merely a software solution that serves as a basis for an overall solution. An auditor for instance, can issue an attestation, or a certificate of audit-compliance of the archiving, only for a relevant archiving solution. The solution for an audit-compliant archiving conforming to the requirements of the GoBS/GDPdU must include the entire system and the organization. The ecoDMS-computer program alone can provide the software requirements to achieve an audit-compliant overall solution.
§4 Subject of the contract
The subject matter of agreements which are concluded subject to these Terms and Conditions between the customer and ecoDMS shall be the customer's rights to use the ecoDMS-computer program including the datasets incorporated in the program, the associated application documentation and the relevant products and services of ecoDMS in accordance with the scope in each case, these Terms, the EULA and the SLA subject to the software package.
The main program is generally transferred to the customer by downloading the program from the ecoDMS website. A specific agreement would be needed to transfer the main program in any form other than this. In order to be able to use all the functions, the customer must acquire a license from ecoDMS or from an authorized dealer / reseller. In the case of the "Free4Three" version that is available free of charge for consumers as defined by §13 of the German Civil Code ("A consumer is a natural person who enters into a legal transaction for a purpose that cannot be ascribed to a commercial or independent business activity."), the license is already provided with the downloaded data. Contractors as defined by § 14 of the German Civil Code (A contractor is a natural person or a legal entity or partnership capable of holding rights who enters into a legal transaction for a purpose that can be attributed to his/its commercial or independent professional activities), have the option to use a test version free of charge for 30 days and is a restricted version until the contractor acquires or is granted a license.
The license key is transferred to the customer by sending it to the customer if he so desires. Alternatively, it may be sent by email at the discretion of ecoDMS. The license key provided by ecoDMS must be activated either online over the ecoDMS website or directly via the ecoDMS computer program. In addition to the license information, the information on the hardware of the computer on which the ecoDMS server is installed must also be entered during activation. As an alternative, ecoDMS offers the option of activating the license telephonically. Once the customer enters the corresponding license and computer data, ecoDMS sends the customer a valid license by Email for manual offline activation.
The customer receives the documentation along with the main program; ecoDMS provides this irrespective of the form in which the software is transferred and could be either in the form of a hard copy or a file in a commonly used format (e.g. hlp, txt or pdf) at ecoDMS's discretion. If the customer downloads the software from the ecoDMS server using a modem or the internet, he should also receive the documentation in the same way. The ecoDMS-computer program described in detail in the relevant documentation is in line with state-of-the-art technology. The customer is informed that even with state-of-the-art technology it is not possible to produce software that can work faultlessly with all applications and in all combinations (particularly with software from third parties).
With regards to the characteristics of the software supplied by ecoDMS, the product description provided to the customer along with the contractual software prior to the execution of the contract is final and decisive. ecoDMS shall not be the liable for any other properties or qualities of the ecoDMS-computer program. The customer cannot derive any such obligation from other depictions of the ecoDMS-computer program, particularly in public statements or advertising by the seller and /or ecoDMS or on the part of its employees or distribution partners unless ecoDMS expressly confirms in writing the characteristics that go beyond the scope of the product description.
If employees of ecoDMS and / or distributors and resellers provide guarantees prior to entering into the Agreement, such guarantees shall be effective only if they have been confirmed in writing by the ecoDMS management.
The customer shall be granted the rights of use once the agreed fees have been paid. With the requirements described in the product description being satisfied, consumers (§ 13 of the German Civil Code) are permitted to use the free version of the ecoDMS-computer program. With the requirements described in the product description being satisfied, contractors (§ 14 of the German Civil Code) can receive a restricted test version.
Any and all other rights in the Products and Services, in particular the title (except where the Products are provided in perpetuity and against payment), and any and all other rights of publication, reproduction, processing, translation and other exploitation rights, shall be retained by ecoDMS.
This is a standard software and hence ecoDMS is not obliged to provide the so called source code.
Termination or cancellation shall end the customer's license for the products and/or services. The customer shall not receive any further updates / upgrades and/or no further access to systems or services. The customer must delete the ecoDMS-computer program completely, particularly the original data carriers, all backup copies and all files of the computer program that are stored on his computer. ecoDMS may demand from the customer a written confirmation of deletion of this data.
The ecoDMS-computer program is compatible with only those operating systems that have been approved by ecoDMS. The approved operating systems released by ecoDMS can be found by visiting "http://www.ecodms.de" and are an important component of the relevant contract.
Lifetime License Price Guarantee You are entitled to the lifetime license price guarantee from the purchase of the first ecoDMS licence as of version 14.08 (krusty) through the ecoDMS online shop. Previous versions of ecoDMS are not considered for this offer. The official list price of the current ecoDMS version serves as the basis for the lifetime license price guarantee. Discounts, special offers or other price deviations do not apply. You are only entitled to the lifetime price guarantee if you purchase all ecoDMS major releases. If you leave out a major release, you will lose the price guarantee. In this case a new lifetime license price guarantee will start with the fixed list price at the time of purchase.
License Upgrade For each licence with lifetime licence price guarantee you may only purchase a maximum of one upgrade licence. Applying for and/or purchasing more than one upgrade license for a specific licence number is expressly prohibited. In case of violation, ecoDMS reserves the right to block the affected licenses.
§5 Scope of usage
ecoDMS is the owner of the exclusive rights of use (Copyrights) and other industrial property rights of the ecoDMS-computer program. When using the ecoDMS-computer program the customer is obliged to observe these Conditions of use in the EULA valid at the time of conclusion of the contract.
For the term of this Agreement, ecoDMS grants the customer an ordinary, non-exclusive and personal right to use the ecoDMS-computer program within the scope of this contract - particularly with regards to the type and number of computers. The scope of the license can be found in the email in which the license key is sent and/or in the program function "?" under "Info." The license granted applies at all times to a licensee defined earlier and is designed for storage / usage of a server instance, which can be accessed by single users to the extent agreed. The simultaneous read-in, storage, or usage on more than only one server instance is prohibited If the customer wishes to use the software simultaneously on multiple server instances, like for instance at various branches, then he must obtain the appropriate number of different server licenses. Copies of the ecoDMS-computer program are permitted only to the extent that may be necessary for the contractual use. The customer can make the necessary number of backup copies of the Software according to the generally accepted rules of engineering. Backup copies on mobile data media must be marked as and are to be provided with the copyright note of the original data carrier.
If the customer has acquired the software by downloading online, he has the right to copy the software onto a data carrier for permitted usage. Apart from that ecoDMS exhausts its right over the online copy when the customer receives the ecoDMS-computer program on a data carrier.
The customer is authorized to leave the ecoDMS-computer program to a third party in a uniform manner and completely and finally waiving his own use of the contractual subject matters. The temporary or partial leave of use of the contractual subject matters for a fee to third parties is prohibited, irrespective of whether the contractual subject is in tangible or intangible form. The same also applies to gratuitous transfer; an exception to this however is the transfer of the copy of the program downloaded by the licensee provided the licensee renders the copy of the program installed on his computer unusable when transferring the program. Apart from the rights of usage expressly conceded within the framework of this contract, no other rights of the supplied programs are transferred to the licensee. Copyright notices, serial numbers or any other features that serve as product identification must under no circumstances be removed or changed. This is a standard software and ecoDMS is not obliged to provide the so called source code.
Pursuant to § 69c No. 2 of the German Copyright Act the customer is permitted to make changes, additions and other modifications to the software only if the Act permits such measures on the grounds that they are essential. Apart from the right of use granted under the terms of this contract, the customer shall not have any of his own rights of use and exploitation over these changes.
The customer has the right to decompilation of the software only to the extent provided for under § 69e of the German Copyright Act and only if ecoDMS following a written request, has not provided the required data and / or information to enable interoperability with other hardware and software within a reasonable period.
If in the scope of rectifications or maintenance ecoDMS provides the Customer with amendments (e.g. Patches) or a new edition of the software (e.g. Updates, upgrades), which replaces the originally provided old software, they are subject to the provisions of this agreement.
Multiple use of the license granted shall be permissible only if and to the extent that the customer was granted the relevant type or number of licenses by ecoDMS.
ecoDMS reserves all rights on any claims resulting from any unauthorised use of products and/or services by the customer, including but not limited to, copyright claims and compensatory damages claims. It has been expressly indicated that the above dealings may entail a responsibility in terms of criminal law.
§6 Special provisions for resellers
Resellers engaged in trade must be registered with ecoDMS as resellers and if ecoDMS makes the ecoDMS-computer programs available to them, then the resellers can transfer the license to third parties to the extent agreed upon. In the event of a resale, the serial numbers (e.g. License numbers, OTC's or access data) issued by ecoDMS must be indicated in the invoice.
The reseller is not authorized to grant his customers other or further rights over the products and / or services apart from the rights permitted in conformance with these provisions and the EULA.
The reseller is not authorized to reproduce the products and / or services in whole or in part, not even for the purpose of data security.
For installation of the software ecoDMS refers to the installing instructions provided in the product description, particularly to the hardware and software environment required at the customer's end.
The obligation of ecoDMS to meet delivery commitments is governed by the confirmation of order / invoice issued by ecoDMS, these provisions, the EULA and some SLA, unless anything else has been agreed upon in writing between the parties.
ecoDMS is entitled to make partial deliveries if this is reasonable for the customer and does not interfere significantly with the customer's interests.
Deviations in products and / or services from the documentation are permitted as long as they are appropriate and acceptable to the customer and the critical performances of the product or service are fulfilled completely as stipulated in the terms of the contract. ecoDMS reserves the right to carry out technical amendments to the products and / or the services to improve the functionality and performance or because it is necessary for the functionality of the products and / or services.
If the products and / or services ordered are replaced with new products and / or services in the product range of ecoDMS and the new products and / or services have properties that are equally good or better, then ecoDMS can deliver these products and / or services in place of the ordered products and / or services.
If the ecoDMS-computer program is obtained by downloading, ecoDMS shall not charge any shipping costs. The remote communications link to the ecoDMS server (Internet connection) required for the download must be established by the customer and he must also bear the costs for setting up the remote communications link. If an ecoDMS-computer program has been downloaded, the risk passes over to the customer once the process of loading is complete.
If the ecoDMS-computer program has not been downloaded, but needs to be sent, then the customer must bear the cost of shipment.
As long as ecoDMS is impeded in its services by strikes or lockouts in third-party companies or its own company (in the latter case, however, only if the industrial action is legal), official intervention by authorities, legal prohibitions, or other circumstances that are beyond its control ("force majeure"), then delivery and service deadlines shall be considered extended by the duration of the impediment and an appropriate run-up period after the end of the impediment ("down time") and no violation of duties occurs for the period of the down time. ecoDMS shall immediately inform its customers of such impediments and their probable duration. If the force majeure takes more than 3 months without interception, both parties shall be released from their contractual obligations.
Unless expressly agreed otherwise, the charges of ecoDMS are to be understood as the net prices exclusive of the current rate of statutory value added tax with free delivery.
On conclusion of the contract in accordance with these Terms and Conditions, the customer owes the agreed payment. In line with the pay-before-download principle, customers first pay the invoice amount. The payment can be made by bank transfer, credit card or any other means approved by ecoDMS. Invoices must be paid within the period stated on the invoices starting from the day the invoices are received.
The subject of this contract, in so far as mobile objects are concerned, shall remain a property of ecoDMS until the entire purchase price has been paid. The start of full use of the software is dependent on payment of the full amount. In the event that the customer shall fall behind with one of his payment obligations for longer than 30 calendar days, ecoDMS can demand the legally stipulated or agreed interest on payments in arrears or withdraw from the contract. The customer is then obliged to send all deliveries and contractual objects back to ecoDMS and destroy all copies unless he is legally obliged to store these for a longer period.
If the customer delays a payment ecoDMS may withhold the customer's deliveries that are based on the same legal relationship and these include all updates and upgrades. ecoDMS points out the consequences of not installing the updates /upgrades, particularly those that could lead to impairment of functions of the ecoDMS-computer program.
The customer may use the ecoDMS-computer program in a manner that exceeds the rights of use granted under the terms of this contract and the EULA only with the prior written consent of ecoDMS. In the event of excessive use without consent, ecoDMS may invoice the amount payable for such excess use in accordance with ecoDMS's price list in effect at such time unless the customer is able to provide evidence of a significantly lower damage to ecoDMS.
§9 Customer's obligation to cooperate
The customer has learned about the major functional characteristics of the ecoDMS-computer program and assumes the risk as to whether they meet his requests and needs. In any case of doubt, the customer should if necessary, obtain advice prior to the conclusion of the contract from a ecoDMS employee or from knowledgeable third parties.
The installation of a fully functional hardware and software environment that is also sufficiently equipped when taking into account the additional load due to the objects of the contract shall be the exclusive responsibility of the customer. The same also applies to reasonable precautions in case the software either entirely or partly fails to function properly (e.g. regular backups, fault diagnosis, regular checking of the results of data processing, safe storage of digitalised documents to enable easy recovery of lost data).
The customer installs the ecoDMS-computer program at his own responsibility and at his expense. This also applies when certain updates / upgrades and releases necessitate a reinstallation of the ecoDMS-computer program during the agreed period of license. The customer observes the instructions given by ecoDMS for the installation and operation of the ecoDMS-computer program; he shall regularly check the websites for updated instructions and observe these during operation of the software.
ecoDMS guarantees for the contractual conditions of the sold ecoDMS-computer program in conformance with the legal requirements of the German Sales Law. Should the ecoDMS-computer program be deficient, the statutory regulations of §§ 434 ff. of the German Civil Code shall apply. These shall not apply if the customer has modified or has allowed third-parties to modify the ecoDMS-computer program or the product supplied and the customer is not able to provide evidence of the fact that the malfunctions cannot be attributed to the modification.
If the customer has detected an error or a defect in the computer program supplied to him, he can report this to ecoDMS using the published contact data or notify ecoDMS and receive support over the webpage http://www.ecodms.de/index.php/en/support/error-tickets .The latter case occurs in accordance with the warranty rules, as long as the reported error is an error or defect in the ecoDMS-computer program and this is not the result of third-party software, user errors, incorrect installation or the like. Support offered for errors and defects other than those in the ecoDMS-computer program will have to be paid for (see § 12).
No warranty is offered for the free products and services provided by ecoDMS except for the operability of the computer program. Liability for damages or compensation for futile expenses are in compliance with § 10 of these Terms and Conditions.
ecoDMS reserves the right of defense of contributory fault.
If the customer is a contractor (§ 14 of the German Civil Code), then the special provisions listed under § 11 of these Terms and Conditions shall also apply.
The liability for a slightly negligent breach of duty is expressly excluded, unless this concerns an essential condition of the Contract or warranties and does not concern damage caused to life, body or human health and any claims in accordance with the Product liability law shall remain unaffected.
In the event of data loss caused by ecoDMS, the company ecoDMS is only liable for the costs of copying the data for the back-up copies to be produced by the customer and also for restoration of lost data that had been correctly backed-up. In other respects, the statutory regulations shall apply.
The above provisions shall also apply to any personal liability of the Managerial head, the statutory representatives, employees and other vicarious agents of ecoDMS.
If the customer is a contractor, then the special provisions listed under § 11 of these Terms and Conditions shall also apply.
§12 Special provisions for contractors (§14 of the German Civil Code)
If the customer is a contractor, the warranty in accordance with § 9, is restricted to a period of 12 months. In the event of wilful intent, gross negligence, personal injuries or defects related to legal title pursuant to § 438 Para 1 No. 1 of the German Civil Code and warranties (§ 444 of the German Civil Code) the statutory periods of limitation shall apply as is the case for claims in conformance with the Product liability law.
If the customer is a contractor, the customer shall be subject to the obligation to inspect and immediately notify defects pursuant to section 377 of the German Commercial Code in relation to all deliveries and services provided by ecoDMS.
If the customer is a contractor, any reported defects in the ecoDMS-computer program including those in other documents shall be remedied by ecoDMS within the warranty period. This occurs at the discretion of ecoDMS by means of a subsequent delivery or a replacement delivery free of charge. In the event of a replacement delivery the customer is obliged to return the defective ecoDMS-computer program if necessary along with all the documents. Should two attempts at reworking fail, the customer shall have the right to set a reasonable time limit for the removal of defects. He has to expressly indicate that he reserves the right to withdraw from the contract and / or demand a compensation for damages, should the attempt at reworking fail again. If the correction of fault is not successful even within the extended period allotted by the customer, then the customer shall be entitled to either withdraw from the contract or request a reduction of the price, unless the existing defect is insignificant. Compensation for damages or compensation for futile expenses following a defect is paid by ecoDMS within the limits specified in this paragraph.
If ecoDMS provides services related to troubleshooting and debugging without being obliged to offer these services, then ecoDMS may demand a payment in accordance with their standard rates. This applies particularly when a defect cannot be proven or is not attributable to ecoDMS.
If the customer is a contractor, for all cases of contractual or extra-contractual liability ecoDMS pays compensation for damages exclusively within the following limits: to the full amount in cases of wilful intent and the absence of a quality, for which ecoDMS has given a guarantee; in cases of gross negligence, only to the amount of foreseeable damage that the breach of obligation was intended to prevent; In other cases: only due to violation of a material contractual obligation, but only up to the amount of foreseeable damage. "Material contractual obligations" are obligations that protect the legal positions of the customer which are material to the contract and which have to be granted to the customer under the contract in terms of subject matter and purpose; material contractual obligations are also obligations whose fulfilment makes the due performance of the contract possible in the first place, on which the customer can always rely and subject to a condition precedent due to the insurance payment. The limitations of liability do not apply in the case of liability for personal injuries and liability in compliance with the Product liability law.
If the customer is a contractor, the registered office of ecoDMS shall be the exclusive competent court of jurisdiction for all disputes arising out of or in connection with this contract. If ecoDMS sues the customer, it is entitled to select the competent court of jurisdiction at the location of the customer's registered office. The statutory right of both parties to receive temporary legal protection from the competent court conforming to the statutory provisions remains unaffected. If the customer is a contractor, he can only offset legally confirmed, undisputed claims against the claims of ecoDMS.
Scope and Duration The package contents listed on the ecoDMS online shop at the time of purchase apply. One service unit lasts 15 minutes. For every additional quarter of an hour, one unit is taken away from the package obtained. The support package terminates automatically after all the purchased units have been consumed, or after the specified term elapses. The units are taken into account for verbal as well as written support and services. Use of the support hotline and support email is not permitted once the package is consumed. The package is automatically extended at the end of its term.
Customers are advised that server-side alterations or enhancements, which are not part of the ecoDMS standard version, must also be considered when installing future upgrades and updates and can only be installed by ecoDMS GmbH using the fee-based support.
Hotline As a part of the valid support package ecoDMS provides a brief telephonic support for errors, usage problems, questions pertaining to usage, malfunctions or other difficulties in connection with the working of the program that are beyond the realms of the warranty. Customers who have acquired a support package are given a free hotline number which can be called free of charge from any German landline. A separate number is provided for calls from abroad or from a mobile phone. The relevant roaming charges of the telephone service provider shall apply. Brief telephonic support is provided during business hours (Monday to Friday from 09:00 hrs to 17:00 hrs, except holidays in the state of North Rhine-Westphalia).
Fee-based hotline If no support package is available to the customer, he can get telephonic support performed outside the warranty, by calling the chargeable phone number 0900/1326367 (1.99€/min. incl. 19% VAT from a German landline, charges for calls made from mobile phones may vary). For calls from Austria and Switzerland, ecoDMS also provides a fee-based hotline number. Please refer to the ecoDMS website for phone numbers and prices at https://www.ecodms.de/index.php/en/support/support-hotline
Instructions for remote support ecoDMS offers its customers the option of a remote maintenance, using which the underlying problems can generally be addressed quickly, all information necessary for clarification can be collected and / or service, support and training tasks can be performed. The customer can follow live on his screen all the actions taken by ecoDMS.
The support employee of ecoDMS offering remote support is able to switch over to the customer's system and control it using the remote window and work jointly with the customer to resolve the issue. Reciprocally the ecoDMS can also allow the customer to take a look into their system. This is often the case with training sessions or presentations.
So that such services can be delivered, the customer must grant ecoDMS the access his system via the "Team Viewer" tool. The customer can download "Team Viewer" from https://www.teamviewer.com/de/download/windows.aspx. To run "Team Viewer" the guest needs the "Team Viewer Quick Support" tool. To establish the connection the customer communicates ecoDMS the required Session ID. For "Team Viewer" the system requirements and instructions of the producer shall apply.
By requesting and accepting a "Remote support" session the customer assumes the responsibility for any modifications made to his existing software and his system environment. If the customer / user is not the owner of the computer concerned, the customer / user is recommended to acquire the necessary authorization from the responsible IT-administrator.
ecoDMS employees shall under no circumstances make any changes to the operating system and security settings without the express consent of the customer. The customer can follow all interventions step by step and the customer can prevent these if needed.
ecoDMS recommends that customers close all applications that may contain personal or confidential information, before they request and accept remote maintenance sessions.
ecoDMS and their employees cannot accept any liability for any malfunctions or loss of data not caused by them, during the remote maintenance session, even if these happen to occur immediately after support his provided. In other respects, the statutory regulations of § 10 shall apply.
ecoDMS cannot guarantee that such a remote maintenance session will surely resolve the problem.
Payment The charges for the support services provided shall be invoiced to the customer as per the agreement. Normally, to avail of such a service, the customer would need a corresponding support package. Alternatively, the service would be added to the customer's account.
ecoDMS expressly indicates that no support beyond the realms of the warranty shall be offered free of charge. The customer can get help on the internet site of ecoDMS from the videos provided there, in the FAQs and in the handbook.
Webinars are performed via telephone and TeamViewer. In order to participate the customer needs access to "TeamViewer". For "Team Viewer" the system requirements and instructions of the producers shall apply. The customer can download "Team Viewer" from https://www.teamviewer.com/de/download/windows.aspx.
Customers who have acquired a webinar package are given a fixed german net number. The relevant (roaming) charges of the telephone service provider shall apply. To establish the connection ecoDMS gives the customer the relevant "TeamViewer" session id and the fixed net number just before the session. ecoDMS sends an eMail with the required information to the e-mail address specified when booking.
The payment depends on the webinar. The package contents listed on the ecoDMS online shop at the time of purchase apply. A webinar package is uniquely valid only for the advertised webinar. Support or other services are not covered by this package.
If the ecoDMS GmbH has to cancel the webinar (e.g. due to technical defects, the webinar trainer fails, or other urgent reasons), participants will be offered alternative dates. A refund will only be granted when no alternative dates can be offered.
§15 Data Protection
The use of our website is usually possible without providing personal data. Personal data, such as names, addresses or e-mail addresses, are always provided on a voluntary basis if possible. Those data will not be passed on to third parties without your explicit permission.
However, we would like to point out that data transmissions via internet (e.g. e-mail communication) cannot be entirely secure and may have security vulnerabilities. A complete protection of personal details against unauthorised access by third parties is not possible.
Cookies This website partially uses so-called cookies. Cookies do not cause damages to your computer and do not contain viruses. Cookies allow us to make our offer more user-friendly, more efficient and more secure. Cookies are small text files, stored by your browser on your computer.
The most cookies that we use are so-called “session cookies”. They will be deleted automatically after the end of your visit. Other cookies remain on your terminal device. Those cookies enable us to recognise your browser on your next visit.
You can adjust your browser that way in order to be informed when cookies are placed, to individually allow cookies or to generally exclude cookies in certain cases as well as to activate the automatic deletion of cookies when closing the browser. The deactivation of cookies may impair the functionality of this website.
Server-log-files The provider of these websites automatically collects and stores information in so-called server log files which your browser automatically transmits to us, such as
used operating system
host name of the accessing computer
time of query
Those data cannot be associated with individual persons. A merging with other data sources does not take place. We reserve the right to retrospectively check the data if reasonable evidences concerning illegal use become known.
Contact form If you send enquiries to us via the contact form, your data entered into the contact form, including the stated contact data, are stored for the purpose of dealing with your enquiry and in case of additional enquiries. Those data will not be passed on without your permission.
Newsletter If you would like to receive the newsletter offered on our website, we require your email address as well as information which allow us to check that you are the owner of the provided email address and that you agree to the reception of the newsletter. Further data will not be collected. We use those data exclusively for the sending of the requested information and do not transmit them to third parties.
The given permission to the storage of the data, the email address as well as the use of such for the purpose of sending the newsletter can be withdrawn at any time via the "Unsubscribe"-link within the newsletter.
Google Analytics uses so-called "cookies", text files that are stored on your computer to analyse your use of the website. The information generated by the cookie about your use of this website is usually sent to and stored at a Google server in the U.S.A.
Browser Plugin You may prevent the installation of cookies by adjusting the settings of your browser; however, if you do so, you may be unable to use all features of this website. Further, you may prevent the collection of data generated by cookies (including your IP address) and related to the use of this websites as well as the processing of such data by Google by downloading and installing the plug-in under the following link: http://tools.google.com/dlpage/gaoptout?hl=en
Objection to Data Collection You may prevent the collection of data by Google Analytics by clicking the following link. Doing so, an Opt-Out-Cookie will be placed which prevents future data collection when visiting our website: Disable Google Analytics
Processing of Order Data We have concluded a contract with Google concerning the processing of order data and fully comply with the strict provisions of German Data Protection Authorities when using Google Analytics.
IP-anonymisation We us the function "Activate IP-Anonymisation". Through this, your IP-address will be shortened priory within the member states of the European Union or other contractual states of the Treaty on the European Economic Area. Only in exceptional cases your complete IP-address will be transmitted to a server in the U.S.A. and shortened there. Commissioned by the operators of this website, Google will use this information to evaluate your use of the website, to compile reports on website activities for website operators and to provide other services related to website and internet activities. Google will not merged your IP address with any other data held by Google.
If you are logged on to your YouTube account, you enable YouTube to associate your browsing behaviour with your personal profile. You may prevent this by logging out of YouTube.
Registration with this websites You can register with this website to be able to use additional functions on this website. The data entered for this purpose will only be used for purpose of use of the respective offer or service for which you have registered.
We also use the provided email address to inform you about important changes, such as change of the offer range or in case of technical changes.
SSL Encryption For security reasons and to protect the transmission of confidential data, such as enquiries you sent to us as the provider, this website uses an SSL encryption. You recognise an encrypted transmission by the change of the address line of the browser from "http://" to "https://" and by the lock-symbol in your browser address line.
If the SSL encryption is active, the data you have transmitted to us cannot be accessed by third parties.
Processing of data (customer data and contract data) We collect, process and use person-related data only as far as necessary for the establishment, content-related arrangement or change of the legal relationship (stock data). We only collect, process and use person-related data about the use of our websites (usage data) insofar it is necessary for enabling, improving or invoicing the use of the service.
Transmission of data on contract conclusion for online shops, traders and product shipment We transmit person-related data to third parties only if it necessary to fulfil the contract, e.g transmitting data to the forwarding agent or the commissioned credit institution in charge with the payment. A further transmission of data to third parties does not take place unless you have given your explicit permission. A transmission of data to third parties for commercial purposes does not take place.
Encrypted payment transaction on this website Payment transactions via the common methods of payment (Visa/Mastercard, direct debit) exclusively take place via an encrypted SSL connection. You can recognize an encrypted connection by the change of the browser line from "http://" to "https://" and the lock-symbol in your browser line.
On encrypted communication your bank details, which you submit to us, cannot be read by third parties.
Right to Information, Deletion, Blocking You have the right to be informed about your person-related data, their origin and addressee and the purpose of data processing as well as the right to correction, blocking or deletion of those data at any time and free of charge. For further questions and questions concerning person-related data, feel free to contact us under the address published in the impressum/legal notice.
Objection to commercial mails Providers are obligated to publish contact information in the Legal Note/Impressum. The use of such contact information by third parties for the purpose of distributing unsolicited advertisements or other commercial information is prohibited. The operators of this website reserve the right to take legal measures in case of being sent unsolicited commercial information, e.g. spam mails etc.
When using the tool "ecoDMS mobile" all databases of the user are transferred over the internet (Mobile server – open source). The data transfer is encrypted (currently, 2048 RSA encryption). For this purpose, "ecoDMS mobile" provides only the necessary functionality on the terminal devices / hardware of the user, but not the corresponding capacity and functionality of the server. Thus, in the event that the mobile server fails, no claims against ecoDMS can be derived.
As this concerns stored data / databases of the user, he is obliged to observe and comply with the legal provisions of the Data Protection Act for the data transfer over the internet approved by him using the tool "ecoDMS mobile".
§16 Open Source components
The following components of the ecoDMS-compute program require a special open source license, the content of which can be viewed on the given internet address. Reference to this is expressly stated here.
2. When using the tool "ecoDMS mobile" all databases of the user are transferred over the internet (Mobile server – open source). The data transfer is encrypted (currently, 2048 RSA encryption). For this purpose, "ecoDMS mobile" provides only the necessary functionality on the terminal devices / hardware of the user, but not the corresponding capacity and functionality of the server. Thus, in the event that the mobile server fails, no claims against ecoDMS can be derived.
3. As this concerns stored data / databases of the user, he is obliged to observe and comply with the legal provisions of the Data Protection Act for the data transfer over the internet approved by him using the tool "ecoDMS mobile"
§18 Product Lifecycle
For the ecoDMS-computer program the last two versions are supported. Functional enhancements and customized configurations are always possible only for the current version of ecoDMS. The predecessor version will continue to be available for downloading and will also be supported by ecoDMS. The current version shall be made available to download, will be supported, updated and can also be enhanced if desired. Other versions will not be available to download and will not be supported once the life cycle expires. An overview of the product life cycle can be read on this page: http://www.ecodms.de/index.php/en/ecodms-archive/lifecycle
§19 Concluding Provisions
Any modifications or additions made to this contract must be in print. Verbal subsidiary agreements shall not be made. The General Terms and Conditions of the licensee are not a component of this contract and have no validity for this contractual relationship.
German Law (Federal Republic of Germany) applies exclusively with the exclusion of the UN law on the international sales of goods.
Should a stipulation of this contract or a future stipulation included in it, be or become null and void either completely or in part, or if there is a loophole detected in the contract, the validity of the remaining stipulations shall not be affected. The parties are aware that the Severability clause alone can reverse the burden of proof. It is, however, the express wish of the parties to maintain the validity of the other contractual provisions under all circumstances and thus completely waive § 139 of the German Civil Code. In place of the ineffective/void provision, or in order to fill any loopholes, the parties shall agree on an effective and feasible provision which shall, legally and economically, be as close as possible to the one which the contracting parties wanted or would have desired according to the sense and purpose of the contract insofar as they would have considered the matter when concluding the contract or when subsequently adopting a provision. If the invalidity of a provision is based on a fixed criteria of the service or the time (deadline or appointment), then an agreement shall be reached to find a provision in line with a legally permissible criteria that is as close as possible to the original criteria.
The following components are included in the ecoDMS computer program: 1. ecoDMS Client 2. ecoICE Client (until version 14.08) 3. ecoDMS Server 4. Connection Manager 5. PDF/A Printer (Printer Client) 6. Microsoft Office Plugin (not included with Free4Three) 7. OpenOffice & LibreOffice Addon (not included with Free4Three) 8. Thunderbird Addon (not included with Free4Three) 9. ecoDMS Webclient (not included with Free4Three) 10. ecoDMS Mobile App (not included with Free4Three)