last updated: 29.11.2016
These Terms and Conditions of Service apply in the relationship between best boys media lab GmbH & Co. KG, Johannesplatz 5a, 63773 Goldbach, Germany, registered in the commercial register of the Amtsgericht (local court) of Aschaffenburg under HRA 5616, and the customer to govern gratuitous use of a trial account for cloud services.
The customer, in the context of use of the trial account, is not entitled to defect remedy unless the defect was fraudulently concealed or bbml has acted grossly negligently.
If, in the case of a defect, bbml is obliged to provide subsequent performance (“Nacherfüllung”), bbml may at its choice either remedy the defect (subsequent remedy - “Nachbesserung”, e.g. by replacement or modified programming of the content management system) or provide a separate option for use (e.g. by provision of a new trial account on another technical platform).
Use of the trial account is free of charge.
The contract as well as the use of the trial account is subject to the privacy policy of bbml [https://scoopa.com/privacy].
The customer is only allowed to set off his own counterclaims if they are undisputed or have been established by a final non-appealable court decision (res judicata). The same applies for any right of retention.
These Terms and Conditions of Service apply in the relationship between best boys media lab GmbH & Co. KG, Johannesplatz 5a, 63773 Goldbach, Germany, registered in the commercial register of the Amtsgericht (local court) of Aschaffenburg under HRA 5616, and the customer to govern non-gratuitous use of cloud services.
The contract as well as the use of the trial account is subject to the privacy policy of bbml [https://scoopa.com/privacy].
The customer is only allowed to set off his own counterclaims if they are undisputed or have been established by a final non-appealable court decision (res judicata). The same applies for any right of retention.
The parties have entered into a contractual relationship for use of the cloud provided by bbml. This SLA applies in addition to the “Terms and Conditions of Service – Full Account” [As amended on: 30.11.2016]. The parties agree on the following service level.
The specific services and functions available to the customer depend on the service category chosen by him. The customer, depending on the specific service category chosen, is provided with appropriate storage space and a traffic flatrate.
The cloud is available at the point of delivery (exit router of the computing centre) if and as soon as the agreed services basically can be used, in particular video files can be distributed as intended resp. made available ready for retrieval. The cloud is agreed to be available during 99.9% uptime per calendar month, based on a 24/7 operation. Downtimes are times when the cloud is not available for reasons attributable to bbml (“zu vertreten haben”). Downtimes not attributable to bbml, by contrast, are those which are due to problems occurring with the pre- / sub-supplier, a third-party or the customer himself.
If bbml fails to comply with the agreed availability due to downtimes, the customer will be credited for 10% of the monthly basic rate (without optional services) payable for the specific service category in question (resp., in the case of longer payment intervals, on a prorata basis for the months concerned) which will be set off against the amount due for the accounting period following non-compliance with the agreed availability resp. paid out upon termination of the contract. For every full percentage point of non-availability below 99%, another flat rate of 5 % will be credited on the applicable basic rate, however not more than a maximum of 25% [in total].
is given if the cloud is technically not available at the point of delivery for reasons attributable to bbml (“zu vertreten haben”). Examples: The cloud servers are not available, the cloud servers do not allow access, no downloads can be made from the cloud servers – provided in all cases that this is attributable to bbml.
is given if the cloud as such is available but functionalities required for handling ongoing business transactions are unavailable for reasons attributable to bbml (“zu vertreten haben”). Examples: No uploads can be made to the cloud server, it is impossible to create user accounts, email notifications do not work.
is given if only subordinated functionalities are unavailable for reasons attributable to bbml (“zu vertreten haben”), the key functions and transactions can however be used and operated. Example: The preview player does not work.
The response time for defect category 1 and defect category 2 is two hours, for defect category 3 eight hours.
The recovery time for category 1 and category 2 defects is five hours. Recovery is understood as the restoration of availability of the cloud according to No. 1, which means that the agreed services basically can be used, whereby for such purpose it may be necessary to temporarily use a workaround solution.
The response time runs from receipt („Zugang“ 1 ) of an external notification or an automated internal notification from the bbml monitoring systems reporting a defect. The recovery time runs from the end of the agreed response time.
If bbml fails to comply with any agreed recovery time, the customer, from the second full hour of exceedance of the recovery time and for every additional full hour of exceedance, will be credited with regard to the monthly invoice amount payable for the month in default of the non-compliance with the recovery time, as follows: 5% in the case of a category 1 defect, 3% in the case of a category 2 defect, however in any case not more than a maximum of 25 % for each case of exceedance.
If one and the same incident causes several amounts to be credited under this SLA, these amounts will not be summed up but only the maximum credit amount accruing during the reference period in question will be granted. The monthly maximum amount eligible for credit is 100% of the basic rates payable for the month in question without optional services.
The customer may claim compensation of damage, if any, exceeding the amounts to be credited within the agreed limits of liability.
1 A notice is deemed received (“Zugang” in terms of German law) if and as soon as it has come into the sphere of the recipient in the way that the recipient can reasonably be expected to take note of it.