Terms & Conditions, Product Agreements
Legal notices
| Terms and Conditions | Product agreements | |||||
| EGroupware managed hosting packages | |||||
| User accounts | Number of user accounts is unlimited. | ||||
| Concurrent users |
Maximum amount of people logged in EGroupware at the same time. Number of concurrent users according to a package.
Fair use policy eFlat|Rate: max. 100 user hours in total per day
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| Unlimited Storage | Fair use policy: max. 100 GB data volume per database unless agreed otherwise. | ||||
| Email accounts | EGroupware email application (imap) included. Stylite managed email accounts optional. | ||||
| Daily backups | Daily computing center backup. | ||||
| Connection | Secure HTTPS connection to the EGroupware data instances. | ||||
| Computing center | Certified operation, high availability, redundancy of operation. | ||||
| Contract period | Minimum contract period: 12 months. Automatic annual renewal. | ||||
| Payment | All installation packages are due in advance. | ||||
| Cancellation | Cancellation in written form 3 months before expiration. | ||||
| EGroupware software installation packages | |||||
| User accounts | Maximum number of active named users according to a package. | ||||
| Number of installations | One installation for productive use, one test installation. | ||||
| Reference database | One additional hosted test database in the Stylite computing center. | ||||
| Updates | Major software releases as well as bug fixes and security releases included within the contract period (automatic software updates). | ||||
| LDAP | Email server | Optional installations on individual agreement. | ||||
| Stylite SMA | Stylite Service Management Appliances (SMA) on individual agreement. SMA on base of VMware service virtualization. | ||||
| vEPL / vEPL-Enterprise | VMware server images for small and enterprise installations on agreement. | ||||
| Technical requirements | Read the according documentation about technical requirements and recommendations for the software operation. | ||||
| Redistribution of code | Redistribution of the software package 'Stylite EPL' is strictly prohibited. Not concerned by this are parts of the code, which are subject to GPL (General Public Licence) or other similar licences regulating usage rights separately. | ||||
| Operation | The administrative responsibility regarding server operation, maintenance of the server system and in particular data security as well as regular data backup lies at the customer. | ||||
| Remote operation management | Optional remote operation management by Stylite on agreement. | ||||
| Contract period | Minimum contract period: 12 months. Automatic annual renewal. | ||||
| Payment | All hosting packages are due in advance. | ||||
| Cancellation | Cancellation in written form 3 months before expiration. | ||||
| Use after cancellation | Stylite grants the right to use the recently installed EPL Version without any time limitation after end of the contract. | ||||
| EGroupware managed email packages / Stylite managed email hosting | |||||
| Preconditions | Managed email packages only available in combination with EGroupware hosting packages unless otherwise agreed. | ||||
| Email accounts | Number of email accounts is unlimited. | ||||
| Account management | Email accounts managed by EGroupware's user account management. | ||||
| Concurrent users | Concurrent users according to EGroupware managed hosting package. Unlimited concurrent user access to Stylite's email servers using desktop clients like e.g. Thunderbird or Outlook. | ||||
| Storage | Maximum storage volume according to a managed email package. | ||||
| Daily backups | Daily computing center backup. | ||||
| Connection | Secure HTTPS connection to the EGroupware data instances. Encrypted connection using desktop client access for sending and receiving emails. | ||||
| Computing center | Certified operation, high availability, redundancy of operation. | ||||
| Spam filtering | Included in all managed email packages | ||||
| Virus protection | Included in all managed email packages | ||||
| Contract period | Minimum contract period: 12 months. Automatic annual renewal. | ||||
| Payment | All hosting packages are due in advance. | ||||
| Cancellation | Cancellation in written form 3 months before expiration. | ||||
| Customer support | |||||
| User manual | EGroupware user manual included to all hosting and installation packages (pdf in English language). | ||||
| MyStylite | Access to MyStylite online support center included during the contract period. | ||||
| Application support | Application support includes all kinds of support inquiries regarding the use of the software (MyStylite support tickets) during the contract period. Consulting and user training as well as inquiries about data exchange/synchronization on base of prepaid support packages only. | ||||
| Installation support | Installation support for EPL software installation packages fully included within 4 weeks after purchase. | ||||
| Support packages | Optional support packages for consulting, training and technical support on hourly base. | ||||
| Payment | All support packages are due in advance. | ||||
| Contract period | Support packages for consulting and training on hourly base are valid for 2 years after purchasing and not refundable. | ||||
| Final clauses | |||||
| General | General terms and conditions apply to all EGroupware and Stylite products.. | ||||
| Data Exchange | Terms and conditions as well as security recommendations apply to all actions of data exchange. | ||||
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Stylite AG, valid from 01.01.2011 Stylite AG Morschheimer Straße 15 D-67292 Kirchheimbolanden Managing Directors: André Keller, Ralf Becker, Gudrun Mueller Chairman of the supervisory board: Prof. Dr. Birger L. Kropshofer www.stylite.de |
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| General terms and conditions | |||||
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EGroupware Enterprise Line (EPL) Hosting and Support, Managed Email Services, EGroupware Enterprise Line (EPL) software packages |
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| 1. Contractual partner | |||||
| The contractual partner is Stylite AG (named Stylite), Morschheimer Straße 15, D-67292 Kirchheimbolanden (Germany). | |||||
| 2. General rules | |||||
| The following terms and conditions apply to all kinds of business in the field of EPL hosting, support and managed mail services as well as EPL software subscription packages. The appropriate version is applicable at the time the contract is concluded. Differing conditions of the customer are not recognised by Stylite, unless Stylite has given written approval. | |||||
| 3. Conclusion of contract | |||||
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(1) Stylite’s service offers are non-binding. Stylite reserves the right to make technical and other changes. (2) The customer is offering a binding contract by ordering services. Stylite confirms the order immediately by email. This confirmation can be a binding acceptance of the contract by Stylite. (3) Stylite is entitled to accept the customers offer within a period of 5 working days. Stylite is also entitled to reject the offer e.g. after credit check. The contract becomes binding by providing the service to the customer. |
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| 4. Objectives | |||||
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The objectives of collaboration are due to the present document in combination with actual price lists and conditions mentioned on Stylite's websites and individual service offers. These govern the provision of: - EPL hosting (Stylite Computing Centre) - EPL support - Managed email services (Stylite Computing Centre) - EPL software subscription packages |
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5. Specification of Services 5.1. EPL hosting |
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(1) Stylite provides with the EPL hosting package a preconfigured database for customers use as a managed service of Stylite computing centre. (2) The EPL hosting package refers to the current software version of Stylite, which may differ from the publicly available open source software release. (3) Stylite grants the right to use the provided EPL version in the Stylite computing centre for the duration of the contract. (4) The precondition for the use of the EPL database in the Stylite computing centre is a computer with an Internet browser and appropriate Internet access. The connection to the Internet as well as the equipment needed by the customer (hardware and software) is not covered by this contract. Stylite provides the access to the EPL database via the Internet by encrypted transmission protocols (e.g. Https). |
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| 5.2. Stylite managed email services | |||||
| If Stylite provides email accounts to the customer for his use, Stylite run spam and virus filters on it’s mail servers. Both parties accept that it is not possible to exclude completely the forwarding of all undesired advertising emails (spam) to the mail accounts of the customer, and that virus protection cannot be entirely guaranteed. Stylite is not obliged to deliver complete freedom from spam and viruses, but commits to do everything possible to keep defences up to date, in order to shield against spam and viruses. | |||||
| 5.3. Technical support EPL | |||||
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(1) Stylite maintains a technical hotline as well as a electronic support ticket system for reporting technical problems. (2) The technical hotline is available at German working days from 08:30am to 05:00pm (timezone GMT +1). |
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| 5.4.User support EPL | |||||
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(1) Stylite provides online support by a electronic support ticket system as well as additional documentation on the Stylite website (MyStylite). (2) Further support, training or consulting is not included in the EPL hosting or EPL software subscription packages and can be ordered additionally on the basis of support packages according to the current price lists and conditions. |
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| 5.5. General support of EPL for autonomous software installations | |||||
| Stylite provides technical support for autonomous EPL installations according to appropriate support packages and current price lists and conditions. The service level has to be agreed in each case by the parties. | |||||
| 5.6. Availability of services (Stylite Computing Centre) | |||||
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(1) Stylite ensures accessibility of its servers from 99% in annual average. Excluded are periods where the systems was not available because of technical or other problems that are not in the responsibility of Stylite (force majeure, fault of others, etc.) and due to other measures (for example announced regular periodic maintenance work). (2) Stylite reserves the right to temporarily restrict the access to the services, if the security of network operations, integrity of the network and hosted data is endangered. |
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| 5.7. Data backup (Stylite computing centre) | |||||
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(1) Stylite provides a data backup of customer data on a daily basis for all contracts regarding managed hosting in the Stylite computing centre. (2) The handing over of customer data during the contract period or upon termination of the contract has to be agreed individually. (3) Any restoration of archived data (restoring) at the request of the customer is not included to any managed hosting packages and constitutes an additional service according to the current price lists and conditions. |
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| 6. Software updates | |||||
| Stylite updates EPL at intervals. These updates relate to functional enhancements, safety and bugfix releases. | |||||
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7. Responsibilities of the customer 7.1. General regulations |
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(1) By using the services of Stylite, the customer agrees to observe technical standards. Further, he agrees to take appropriate measures to assure security of data, to keep passwords confidential and/or to immediately change passwords or have passwords changed, should the suspicion arise that unauthorised persons or entities have obtained access to these. (2) The customer agrees to refrain from all activities which may endanger or compromise the safety and security of Stylite, other customers of Stylite, as well as other Internet users. Such activities include, in particular, using the services of the provider to: - Access, influence or interrupt the function or integrity of technical systems, programs and applications of third parties and/or of Stylite against their will, and/or to access, modify, destroy or store data of any kind belonging to third parties or to Stylite (for example through the development, release or distribution of viruses, worms, trojans, etc.). - Send unwelcome or undesired email and which can be classified as Spam or Junk-Email. - Falsify IP-addresses of others for the purpose of gaining or granting non-existent authority to access computers and or internal networks of third parties, send falsified IP-addresses to Domain Name Servers in order to re-route data belonging to the true owners of the IP-addresses, and/or programs and use hyperlinks with modified characters and/or graphical elements, which are intended to lead other Internet users to believe they are accessing the website of another party. |
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| 7.2. Assignment and subcontractors | |||||
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(1) The customer is not entitled to resell or reassign the services to third parties unless it is agreed by the contractors on base of a partner agreement. (2) The customer is obliged to pay such fees as may be incurred through the authorised usage by third parties of the access and/or services granted by this contract. The same holds true for unauthorised usage by third parties, unless the customer can prove that this access occurred as the result of an evasion or removal of the Provider’s security measures, for which the customer bears no responsibility. |
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| 7.3. Compliance with legal requirements, rights of third parties | |||||
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(1) When utilising the services of Stylite, the Contractor is obliged to respect and conform to legal and civil requirements, especially with regard to the data privacy, criminal, intellectual property and/or trademark laws, or other requirements for the protection of industrial property, and not infringe on the rights of any third party. With regard to this, the Contractor must particularly refrain from: - Using the services of Stylite for the distribution, access, or granting of accessibility of prohibited content of any sort, particularly anything of a pornographic nature, that glorifies violence, or otherwise conflicts with the principles of individual freedom or human rights, as well as the distribution, access or granting of access to propaganda and symbols of illegal parties or their front organisations. - To attempt to provide access, for own use or for third parties, to pornographic materials which pertain to the sexual abuse of children (pedophilia), bestiality, or similar topics. - Stylite is released from any liability in connection with the topics above. |
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(2) The contracting parties agree to inform each other immediately in the event that third parties or public authorities present evidence or lodge claims indicating that the customer is or may be in violation of legal or civil regulations mentioned in the section “Compliance with Legal Requirements, Rights of Third Parties” and/or of the rights of a third party. (3) The customer will support Stylite in a legal defence to the best of its abilities. If the claim for infringements of rights lodged against Stylite is based on the premise that data, designs, programs or other information made available by the customer infringe on the intellectual or market rights and/or other commercial or non-commercial rights of third parties, Stylite can require the Contractor to reimburse any compensation for damages and/or reasonable legal representation. Should Stylite have to provide advance payments in the scope of a reasonable legal defence, the customer is required to reimburse these at the first request, independent of other possible existing claims for reimbursement. (4) The customer is obliged to pay any damages occurring to Stylite as a result of violating any of the conditions of use in this contract. (5) If the customer violates any of the conditions here within, Stylite is permitted to block the access to the services, until the customer has proven the legitimacy of his activities. |
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| 8. Prices and conditions of payment | |||||
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(1) The prices and conditions of payment comply with the current price lists and specifications of services. (2) Invoices are immediately due without deduction. Stylite is entitled to charge the customer interest in respect of late payment at a rate of 5 percentage points above the base rate. |
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| 9. Duration of contract, notice of cancellation | |||||
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(1) The duration of contract complies with the current price lists and specifications of services. (2) The period of the contract begins with the operational availability of the services and/or transferring the relevant access codes to the customer. (3) Either party may terminate the contract of a recurring obligation on notice with immediate effect if there is good cause for doing so. There is good cause particularly because of breach of duty according to this contract. The right to claim damages is not precluded by the termination. |
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| 10. Limitation of liability | |||||
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(1) Stylite is liable, independent of the cause, only as described in this contract, as follows. (2) Indemnity for damages to the Contractor due to losses or due to the inability to carry out responsibilities in contractual negotiation is excluded. Stylite cannot be held responsible for lost revenues, missed savings, damages through the claims of third parties, and other direct or resulting damages. Further, Stylite assumes no responsibility for information entered in or accessible through it’s system, nor does Stylite accept any responsibility for the accuracy, completeness, or currency, neither for their legality or any liability vis à vis third parties. (3) Claims by the Contractor for damages due to delay or inaccessibility of the services of Stylite are limited to the amount of that part of the services which cannot be used as intended by this contract, due to the aforementioned inaccessibility or delay. (4) The limits of liability mentioned above do not apply to damages resulting from deliberate intent or gross negligence, nor to absence of promised functionality. They also do not apply for damages resulting from the careless breach of critical contractual obligations. |
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| 11. Right of revocation | |||||
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(1) The statutory right of revocation within two weeks after Stylite’s confirmation of order without giving reasons is granted. The right of revocation expires if the customer starts to use the services. (2) The revocation must be declared to Stylite in textual form within two weeks. Punctual dispatch suffices to comply with the time limit. |
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| 12. Severability and final clauses | |||||
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(1) Should one clause or section of this contract be or become illegal, invalid, or not be enforceable due to legal constraints, the applicability and validity of the remaining clauses or sections will not be affected. In such a situation, the invalid section or clause is to be replaced by a section or clause which reflects the commercial intent of the original clause, in order to retain the original spirit or intent of this contract as closely as possible. (2) This contract is subject to German law. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. (3) It is agreed that the court of jurisdiction is the county or state court of Kaiserslautern, Germany. |
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Stylite AG, valid from 01.01.2011 Stylite AG Morschheimer Straße 15 D-67292 Kirchheimbolanden Managing Directors: André Keller, Ralf Becker, Gudrun Mueller Chairman of the supervisory board: Prof. Dr. Birger L. Kropshofer www.stylite.de |
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| Terms and conditions | Data Exchange | |||||
| Objectives and Regulations | |||||
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Data Exchange means any kinds of 1) Data synchronization and/or online access with mobile devices, 2) Data synchronization and/or online access with desktop clients, 3) Online access with desktop clients to the Filemanager, 4) Actions of data Import|Export On base of the following EGroupware interfaces and protocols: 1) eSync (EGroupware ActiveSync) 2) SyncML 3) CardDav/CalDav 4) WebDav |
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| Data Exchange strategies and solutions are listed on www.egroupware.org/exchange_strategies , which are used, tested and regularly evaluated by Stylite in combination with EPL. Other methods may be adopted and subsequently used by Stylite. These solutions are not deemed to be final and changes may be made as technologies and business practices change. | |||||
| In cases of service failures Stylite is analyzing the occurred errors and tries to provide a solution, if the reason for a failure lies in Stylite's sphere of influence. | |||||
| If a solution regarding a service failure can't be provided since the reason for the failure doesn't lie in Stylite's responsibility, it's mutually agreed to accept this situation as a matter of fact. | |||||
| Stylite is not liable for any damages or loss of business or date caused by any actions of Data Exchange. Liability according to Stylite's General Terms and Conditions. | |||||
| Security notes and recommendations | |||||
| Data synchronization on base of mobile internet access may cause connection costs according to your individual data plan. Be especially aware of roaming costs. Contact your internet service provider for further information about your data plan. | |||||
| Data synchronization always includes the risk to delete or overwrite data, especially while initial synchronization. Take care of an appropriate data backup before initial data synchronization. It's strongly recommended to sync initially 'one way' to an empty device being updated by EPL or vice versa. | |||||
| EPL provides several strategies of deletion prevention. Activate EGroupware's history logging function in Calendar, Address book and InfoLog as well as the Versioning feature in the File Manager. Not every application has a deletion prevention function. Using the Import | Export function needs special training and knowledge in particular, to avoid compromising data. | |||||
| Successful data synchronization depends on the technical features of the device, a 3rd party software client if needed, the communication protocol and the EPL implementation. Comparing the browser based collaborative capabilities of EPL, several restrictions and limitations of the device have to be accepted (e.g. inviting attendees to events, conflict management regarding scheduling conflicts). | |||||
| Be aware while updating your Smartphone's operating system, that a complete data deletion might be possible. Take care of a data backup before updating and read the device's user manual carefully. | |||||
| 3rd party clients for Data Exchange | |||||
| Read carefully the providers manuals, descriptions and recommendations and follow the instructions. | |||||
| Limited functions of the client comparing with the online capabilities of EGroupware may occur. | |||||
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Stylite AG, valid from 01.01.2011 Stylite AG Morschheimer Straße 15 D-67292 Kirchheimbolanden Managing Directors: André Keller, Ralf Becker, Gudrun Mueller Chairman of the supervisory board: Prof. Dr. Birger L. Kropshofer www.stylite.de |
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