• Terms

General Terms and Conditions

I. Services rendered

1. Area of competence: Services are rendered for the purposes of solving business problems with working times, remuneration and related areas. A legal consultation is expressly excluded.
2. Support by the Client: The Client supports the comprehensive fulfilment of the contract, free of charge, and takes adequate measures to verify results.
3. Liability: The Contractor will provide compensation only in the event of malicious intent or gross negligence. The liability for all claims of the Client is limited to the fee agreed upon for the contract irrespective of their legal basis, to the extent permitted by law. The Contractor is in no way liable for loss of profit, non-achieved savings, damages from third-party claims vis-à-vis the Client, indirect damage and consequential harm caused by a defect, as far as it conforms with the law.
4. Guarantee: The Client shall inform in writing, within one month of delivery or service, whether there are defects and where these are. If the Client does not provide an explanation or begins using the system, then this shall be deemed to be faultless acceptance at the time of the delivery or service. The length of the guarantee is 6 months. The Contractor retains the right to rectifications of defects. If the rectifications of defects prove to be unsuccessful, the buyer can cancel the contract of purchase or reduce the purchase price appropriately.
5. Payment: Payment is due from the date of the invoice. Default interest shall be charged in the amount of 10% over the Inter-Bank rate per annum. All prices are fixed prices exclusive of taxes and duties. A deduction of discount is not possible.

  • a) Consultancy services or services that are invoiced on a time and material basis, are charged monthly. The employees of the Contractor record the daily working hours in a list specifying the position and the type of activity and present this with the invoice. The Client can demand to see the list at any time.
  • b) The Client is – irrespective of his or her rights to refuse payments due to missing or erroneous counter-performance – not authorised to withhold payments. The Client can set only receivables that are undisputed or determined to be legally binding off from amounts owed.

6. Confidentiality: The Contractor obliges to furnish the confidentiality of trade secrets and all information indicated as confidential, which are disclosed to him as a result of the order fulfillment, for an unlimited time. Confidential information shall only be passed on to third parties after written approval by the Client.

  • a) The Contractor obliges all persons involved with the order fulfillment to a written undertaking to comply with this regulation.
  • b) Both parties are permitted within the scope of the order fulfillment to process and store data of the other party automated.
  • c) The parties are allowed to name the installation as a reference case.

7. Feedback: Qmetrix shall have a royalty-free, worldwide, perpetual license to use or incorporate into the Service any suggestions, ideas, enhancement requests, recommendations or other information provided by Customer relating to the operation of the Service.

8. Place of Fulfillment and legal domicile: Any disputes arising hereunder will be settled before a competent Vienna court of law.

Copyright (c) 2016 by Qmetrix GmbH. All rights reserved.

II. Licensing of Software

1. Subject matter of the contract: The scope of services of the agreed programs is stated in the respective program description supplemented by the user documentation.

2. Right of utilization and right of return: Qmetrix passes on the non-exclusive right to use the software for internal use to the Client. The use of the software for consulting or problem solution purpose for third parties is expressly excluded. Any other than internal use is only permitted through written approval of the Contractor or defined in the license agreement of the standard software.

Unless you have a different license agreement signed by Qmetrix GmbH, your use, distribution, or installation of the software indicates your acceptance of this agreement ("License").

If you do not agree to all of the terms and conditions of this License, then: (a) do not copy, install, distribute or use any copy of the software with which this License is included, and (b) in addition, if you paid Qmetrix or an authorized Qmetrix reseller for a package consisting of one or more copies of the software, you may return the complete package unused, within fifteen (15) days after purchase, for a full refund of your payment.

The terms and conditions of this License describe the permitted use and user(s) of each Licensed Copy of Operating Hours Assistant. For purposes of this License, if you have a valid single-copy license, you have the right to use a single "Licensed Copy"; if you or your organization has a valid multi-user license, then you or your organization have/has the right to use up to a number of "Licensed Copies" equal to the number of copies indicated in the documents issued by Qmetrix GmbH when granting the license.

3. License fee:  The amount of the license fee is defined by the scope of use. If the Client wishes to extend the agreed scope of use it must be defined upon in advance.

4. Delivery: The programs are delivered in whole, including a set of user documentation (printed or on electronic data medium). The Client has to confirm the program delivery in writing.

5. Interface description: The contractor agrees to provide the client with the required information for all existing interfaces of his programs to third party software, against reimbursement of the copy and delivery costs. This information may be distributed to other Clients.

6. Scope of License: Each Licensed Copy of the software may either be used by a single person who uses the software personally on one or more computers, or installed on a single workstation used non-simultaneously by multiple people, but not both. This is not a concurrent use license.

Each Licensed Copy may be accessed through a network, provided that you have purchased rights to use a Licensed Copy for each workstation that will access the software through the network. For instance, if 8 different workstations will access the software on the network, you must purchase rights to use 8 Licensed Copies of the software, regardless of whether the 8 workstations will access the software at different times or concurrently.

All rights of any kind of the software which are not expressly granted in this License are entirely and exclusively reserved to and by Qmetrix GmbH. You may not rent, lease, modify, translate, reverse engineer, decompile, disassemble, or create derivative works based on the program, nor permit anyone else to do so. You may not make access to the software available to others in connection with a service bureau, application service provider, or similar business, nor permit anyone else to do so.

7. Installation: The contractor agrees to provide the client with the required information for all existing interfaces of his programs to third party software, against reimbursement of the copy and delivery costs. This information may be distributed to other Clients.

 8. Client obligation for program protection: The Client accepts that the program including the user documentation and additional documents are protected by copyright - also in future versions - and that they maintain trade secrets of the Contractor. He shall exercise all reasonable care for an unlimited time, to prevent disclosure of this Information to any third party.

9. Warranty Disclaimers and Liability Limitations: You will give written notice within thirty (30) days from delivery or service giving reasonable information about any faults. Should you not give notice within the stated period or start using the software this will be regarded as flawless delivery/notice of acceptance at delivery or service. Warranty period is six (6) months at the longest. Qmetrix GmbH reserves the right for finishing touches. Should these be ineffective you have the right to cancel the contract or to have the price reduced adequately.

The agreed program and any and all accompanying software, files, data and materials, are distributed and provided "AS IS" and with no warranties of any kind, whether express or implied.

Any liability of Qmetrix GmbH will be limited exclusively to refund of purchase price. In addition, in no event shall Qmetrix GmbH, or its principals, shareholders, officers, employees, affiliates, contractors, subsidiaries, or parent organizations, be liable for any indirect, incidental, consequential, or punitive damages whatsoever relating to the use of the software, or to your relationship with Qmetrix GmbH.

In addition, in no event does Qmetrix GmbH authorize you or anyone else to use the software in applications or systems where the software's failure to perform can reasonably be expected to result in a significant physical injury, or in loss of life. Any such use is entirely at your own risk, and you agree to hold Qmetrix GmbH harmless from any and all claims or losses relating to such unauthorized use.

You acknowledge that good data processing procedure dictates that any program, including the software, must be thoroughly tested with non-critical data before there is any reliance on it, and you hereby assume the entire risk of all use of the copies of the software covered by this License. This disclaimer of warranty constitutes an essential part of this License.

10. Place of Fulfillment and legal domicile: Any disputes arising hereunder will be settled before a competent Vienna court of law.

Copyright (c) 2016 by Qmetrix GmbH. All rights reserved.

III. Support and Maintenance

1. General: The purpose of the Qmetrix support and maintenance contract is fair use

troubleshooting over the phone and internet, basic advice on failure and free supply of new release versions of the software for a yearly lump-sum amount.

 

2. Duration and Termination: The contract begins with the delivery date of the solution and will continue indefinitely. It may be terminated by either party in writing once a year, at the end of the second quarter giving 90 days' notice.

 

3. Payment: The service is invoiced yearly one year ahead at the beginning of the support period. Payment is due after receipt of invoice.

 

4. Patching Policy: Qmetrix is delivering all Microsoft Windows based computers with the setting "install security patches automatically". This ensures the best level of security according to the known state of art. The risk of this policy is, that unexpected down-times can happen due to problems with installed security patches. Qmetrix can change this policy based on a written request by the customer.

 

Copyright (c) 2016 by Qmetrix GmbH. All rights reserved.

 

 

IV. Sales and Installation of Hardware

1. Validity of the Quotation: The quoted prices are based on this general terms and conditions and are valid for the actual status of the knowledge about the project and the customer requirements as defined in the documentation (usually called "Workbook") at the date of the quotation for the time stated in the quotation. Substantial changes of the requirements by the customer or changes in the agreed preconditions might require a change of the quotation. Qmetrix GmbH reserves the right to withdraw the quote, if the changed requirements cannot be met.

2. Support by the Client: The Client supports the comprehensive fulfillment of the contract, free of charge, and takes adequate measures to verify results.

3. Installation and Operation of the system: Operation of the Qmetrix system has to follow strictly the operations manuals. Some Qmetrix products are operated at mains voltage levels. Only licensed electricians are allowed to install and manipulate wiring in accordance with the supplied documentations and manuals and observing local regulations.

4. Statistical variance: Due to the statistical variance of the measured process, the measured values and indicators are calculated with a statistical error.

5. Liability: The Contractor will provide compensation only in the event of malicious intent or gross negligence. The liability for all claims of the Client is limited to a tenth of the fee agreed upon for the contract irrespective of legal basis, to the extent permitted by law. Higher liability insurance can be provided against reimbursement of insurance cost if required. The Contactor is in no way liable for loss of profit, non-achieved savings, damages from third-party claims vis-á-vis the Client, indirect damage and consequential harm caused by a defect, as far as it conforms with the law.

6. Set-up and Acceptance: Set-up is completed, when the system is operational according to specifications. Acceptance will be given latest one month after set-up. The Client shall timely inform in writing, whether there are defects and where these are. If the Client does not provide an explanation or begins using the system, then this shall be deemed to be faultless acceptance at the time of the delivery or service.

7. Guarantee: The length of the guarantee is 12 months from date of set-up. The guarantee is provided on a "bring-in" base. That means, the customer has to bring or send the defect parts on his own cost and risk. The Contractor retains the right to rectifications of defects. Rectifications do not extend the original guarantee period. If the rectifications of defects prove to be unsuccessful, the buyer can cancel the contract of purchase or reduce the purchase price appropriately. Consumeables e.g. batteries or fuses are not part of the guarantee.

8. Payment: Payment is due from the date of the invoice. All prices are fixed prices in Euro exclusive of VAT. A deduction of discount is not possible. Default interest shall be charged in the amount of the Inter-Bank rate (EURIBOR) plus 10% per annum.

  • Payment schedule for purchase: 1/3 at order, 1/3 at setup, 1/3 at acceptance if not agreed differently in the contract.
  • Consultancy services or services that are invoiced on a time and material basis, are charged monthly. The employees of the Contractor record the daily working hours in a list specifying the position and the type of activity and present this with the invoice. The Client can demand to see the list at any time.
  • The Client is - irrespective of his or her rights to refuse payments due to missing or erroneous counter-performance - not authorized to withhold payments. The Client can set only receivables that are undisputed or determined to be legally binding off from amounts owed.

9. Confidentiality: The parties mutually agree to keep trade secrets for an unlimited time confidential. Trade secrets are all documents and all information that is explicitly labelled as such. Secrets can only be passed on to third parties, if Qmetrix GmbH has approved this in writing.

10. Protection of data:The parties are permitted to automatically process and store data of the other parties with computers. Qmetrix is allowed to use the recorded system data in an aggregated manner for purpose outside of the customer system. Qmetrix warrants that this data cannot be identified to be from the customer.

Copyright (c) 2016 by Qmetrix GmbH. All rights reserved.

 

V. General Data Protection Regulation

Introduction

Qmetrix needs to gather and use certain information about individuals to fulfill duties and customer needs.
These can include customers, suppliers, business contacts, employees and other people the organisation has a relationship with or may need to contact.
This policy describes how this personal data must be collected, handled and stored to meet the company’s data protection standards — and to comply with the law.

Why this policy exists

This data protection policy ensures Qmetrix:
•    Complies with data protection law and follow good practice
•    Protects the rights of staff, customers and partners
•    Is open about how it stores and processes individuals’ data
•    Protects itself from the risks of a data breach

Data protection law
The Data Protection Legislation(GDPR) describes how organisations — including Qmetrix — must collect, handle and store personal information.
These rules apply regardless of whether data is stored electronically, on paper or on other materials.
To comply with the law, personal information must be collected and used fairly, stored safely and not disclosed unlawfully.
The Data Protection Act is underpinned by eight important principles. These say that personal data must:
1.    Be processed fairly and lawfully
2.    Be obtained only for specific, lawful purposes
3.    Be adequate, relevant and not excessive
4.    Be accurate and kept up to date
5.    Not be held for any longer than necessary
6.    Processed in accordance with the rights of data subjects
7.    Be protected in appropriate ways
8.    Not be transferred outside the European Economic Area (EEA), unless that country or territory also ensures an adequate level of protection

People, risks and responsibilities

Policy scope
This policy applies to:
•    The head office of Qmetrix
•    All branches of Qmetrix
•    All staff and volunteers of Qmetrix
•    All contractors, suppliers and other people working on behalf of Qmetrix
It applies to all data that the company holds relating to identifiable individuals. This can include:
•    Names of individuals
•    Postal addresses
•    Email addresses
•    Telephone numbers
•    …plus any other information relating to individuals

Data protection risks

This policy helps to protect Qmetrix from some very real data security risks, including:
•    Breaches of confidentiality. For instance, information being given out inappropriately.
•    Failing to offer choice. For instance, all individuals should be free to choose how the company uses data relating to them.
•    Reputational damage. For instance, the company could suffer if hackers successfully gained access to sensitive data.

Responsibilities

Everyone who works for or with Qmetrix has some responsibility for ensuring data is collected, stored and handled appropriately.
Each team that handles personal data must ensure that it is handled and processed in line with this policy and data protection principles.
However, these people have key areas of responsibility:
•    The board of directors is ultimately responsible for ensuring that Qmetrix meets its legal obligations.
•    The data protection officer, is responsible for:
o    Keeping the board updated about data protection responsibilities, risks and issues.
o    Reviewing all data protection procedures and related policies, in line with an agreed schedule.
o    Arranging data protection training and advice for the people covered by this policy.
o    Handling data protection questions from staff and anyone else covered by this policy.
o    Dealing with requests from individuals to see the data Qmetrix holds about them (also called ‘subject access requests’).
o    Checking and approving any contracts or agreements with third parties that may handle the company’s sensitive data.
•    The IT manager, is responsible for:
o    Ensuring all systems, services and equipment used for storing data meet acceptable security standards.
o    Performing regular checks and scans to ensure security hardware and software is functioning properly.
o    Evaluating any third-party services the company is considering using to store or process data. For instance, cloud computing services.
•    The marketing manager is responsible for:
o    Approving any data protection statements attached to communications such as emails and letters.
o    Addressing any data protection queries from journalists or media outlets like newspapers.
o    Where necessary, working with other staff to ensure marketing initiatives abide by data protection principles.
 

General staff guidelines

•    The only people able to access data covered by this policy should be those who need it for their work.
•    Data should not be shared informally. When access to confidential information is required, employees can request it from their line managers.
•    Qmetrix will provide training to all employees to help them understand their responsibilities when handling data.
•    Employees should keep all data secure, by taking sensible precautions and following the guidelines below.
•    In particular, strong passwords must be used and they should never be shared.
•    Personal data should not be disclosed to unauthorised people, either within the company or externally.
•    Data should be regularly reviewed and updated if it is found to be out of date. If no longer required, it should be deleted and disposed of.
•    Employees should request help from their line manager or the data protection officer if they are unsure about any aspect of data protection.

Data storage


These rules describe how and where data should be safely stored. Questions about storing data safely can be directed to the IT manager or data controller.
When data is stored on paper, it should be kept in a secure place where unauthorised people cannot see it.
These guidelines also apply to data that is usually stored electronically but has been printed out for some reason:
•    When not required, the paper or files should be kept in a locked drawer or filing cabinet.
•    Employees should make sure paper and printouts are not left where unauthorised people could see them, like on a printer.
•    Data printouts should be shredded and disposed of securely when no longer required.
When data is stored electronically, it must be protected from unauthorised access, accidental deletion and malicious hacking attempts:
•    Data should be protected by strong passwords and never shared between employees.
•    If data is stored on removable media (like a CD or DVD), these should be kept locked away securely when not being used.
•    Data should only be stored on designated drives and servers, and should only be uploaded to an approved cloud computing services.
•    Servers containing personal data should be sited in a secure location, away from general office space.
•    Data should be backed up frequently. Those backups should be tested regularly, in line with the company’s standard backup procedures.
•    Data should never be saved directly to laptops or other mobile devices like tablets or smart phones.
•    All servers and computers containing data should be protected by approved security software and a firewall.

Data use

Personal data is of no value to Qmetrix unless the business can make use of it. However, it is when personal data is accessed and used that it can be at the greatest risk of loss, corruption or theft:
•    When working with personal data, employees should ensure the screens of their computers are always locked when left unattended.
•    Personal data should not be shared informally. In particular, it should never be sent by email, as this form of communication is not secure.
•    Data must be encrypted before being transferred electronically. The IT manager can explain how to send data to authorised external contacts.
•    Personal data should never be transferred outside of the European Economic Area.
•    Employees should not save copies of personal data to their own computers. Always access and update the central copy of any data.

Data accuracy

The law requires Qmetrix to take reasonable steps to ensure data is kept accurate and up to date.
The more important it is that the personal data is accurate, the greater the effort Qmetrix should put into ensuring its accuracy.
It is the responsibility of all employees who work with data to take reasonable steps to ensure it is kept as accurate and up to date as possible.
•    Data will be held in as few places as necessary. Staff should not create any unnecessary additional data sets.
•    Staff should take every opportunity to ensure data is updated. For instance, by confirming a customer’s details when they call.
•    Qmetrix will make it easy for data subjects to update the information Qmetrix holds about them. For instance, via the company website.
•    Data should be updated as inaccuracies are discovered. For instance, if a customer can no longer be reached on their stored telephone number, it should be removed from the database.
•    It is the marketing manager’s responsibility to ensure marketing databases are checked against industry suppression files every six months.

Subject access requests

All individuals who are the subject of personal data held by Qmetrix are entitled to:
•    Ask what information the company holds about them and why.
•    Ask how to gain access to it.
•    Be informed how to keep it up to date.
•    Be informed how the company is meeting its data protection obligations.
If an individual contacts the company requesting this information, this is called a subject access request.
Subject access requests from individuals should be made by email, addressed to the data controller at [email address]. The data controller can supply a standard request form, although individuals do not have to use this.
Individuals will be charged £10 per subject access request. The data controller will aim to provide the relevant data within 14 days.
The data controller will always verify the identity of anyone making a subject access request before handing over any information.


Disclosing data for other reasons
In certain circumstances, the Data Protection Act allows personal data to be disclosed to law enforcement agencies without the consent of the data subject.
Under these circumstances, Qmetrix will disclose requested data. However, the data controller will ensure the request is legitimate, seeking assistance from the board and from the company’s legal advisers where necessary.

Providing information

Qmetrix aims to ensure that individuals are aware that their data is being processed, and that they understand:
•    How the data is being used
•    How to exercise their rights
To these ends, the company has this privacy statement, setting out how data relating to individuals is used by the company.

Last change 23.05.2018

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