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General Terms and Conditions of Evomatec for the Provision of Services in the Field of Remote Maintenance (Remote Maintenance via Software)
Preamble
Evomatec, Enz Strasse 40, 70376 Stuttgart (hereinafter "Evomatec"), provides services in the field of remote maintenance for the machines and systems supplied by Evomatec as part of its customer service.
These services serve to provide support and technical assistance for installations, maintenance, and the rectification of faults. They are generally carried out via Evomatec's service, after-sales, or development departments, or via affiliated companies of Evomatec.
For these activities, Evomatec offers the option of remote maintenance using suitable software.
The following General Terms and Conditions (GTC) govern the contractual relationships between Evomatec and the customer in connection with the performance of such remote maintenance services.
1. Subject Matter of the GTC
The subject of these GTC is remote maintenance services related to the software used for the operation of Evomatec's machines and systems (hereinafter "Evomatec Software"), on the customer's IT systems in the configuration existing at the time of the remote maintenance.
Evomatec uses the "TeamViewer" software from TeamViewer AG, Göppingen, for this purpose.
The technical requirements and procedural descriptions for the use of the TeamViewer software are set out in Appendices 1 and 2 of these GTC and form an integral part of these conditions.
Evomatec shall provide the TeamViewer software on the system designated for the operation of the Evomatec Software.
2. Scope of Services and Remuneration
Evomatec performs remote maintenance services via an internet connection using the TeamViewer software.
The scope of services includes, in particular:
Support and assistance with the installation of the Evomatec Software
Support in resolving software problems
Analysis of error situations and process disruptions on machines and in the Evomatec Software
Identification and isolation of possible technical causes of errors
The remote maintenance services are provided on the basis of a specific customer order and constitute an additional service in accordance with the currently valid price/service list.
During a remote maintenance session, access to all system areas of the affected computer may occur – subject to the customer's consent. Input devices such as the mouse and keyboard may also be remotely controlled during this process.
3. Conclusion of the Contract
A contract for the provision of remote maintenance services between Evomatec and the customer is concluded as soon as a connection is established between the customer's IT system and Evomatec's remote maintenance system.
The prerequisite for this is that the customer communicates the necessary access data of the TeamViewer software for the affected system to Evomatec and grants access to the IT system.
4. Service Period
Evomatec shall provide the agreed services within the usual business hours or by separate appointment.
5. Obligations of the Customer
The customer undertakes to describe any occurring errors or faults as accurately as possible to enable efficient error analysis.
In doing so, the customer must adhere to the instructions and recommendations for action provided by Evomatec and report any defects immediately.
The customer is responsible for:
creating a current and complete data backup before the start of the remote maintenance,
providing a licensed version of the software being used,
ensuring a secure and stable network connection,
maintaining appropriate IT security measures.
If an Evomatec employee gains knowledge of the customer's passwords during the remote maintenance, these must be changed by the customer immediately after the session is concluded.
The customer shall ensure that only necessary access rights are granted (need-to-know principle) and that no unauthorized administrator rights are assigned.
During the remote maintenance, the customer is obliged to monitor the activities and to inform Evomatec of any irregularities or violations.
For the traceability of the work, the TeamViewer software provides a session log.
6. Copyright and Protective Rights
The subject of the agreement is exclusively the remote maintenance of the contractually agreed Evomatec Software.
Existing copyrights, patents, and protective rights remain unaffected and shall remain fully with Evomatec.
The remote maintenance does not constitute any transfer or licensing of such rights.
7. Liability
Evomatec shall be liable exclusively for damage caused intentionally or by gross negligence by its own employees or by third parties commissioned by Evomatec.
Liability for damage arising from customer deviations from the agreed operating conditions or from unauthorized modifications to the Evomatec Software is excluded.
Evomatec assumes no liability for any impairments or system disruptions that may arise from the use of the TeamViewer software, nor for cases of force majeure.
8. Security
Proof of the customer's authenticity is provided via an ID generated by the TeamViewer software and a password communicated by the customer.
After successful authentication, an encrypted connection is established.
Evomatec shall log all access carried out within the scope of the maintenance work for a maximum of three months. The customer may request these logs if required.
The customer shall inform Evomatec immediately of any identified security incidents, errors, or unauthorized access.
Evomatec undertakes to treat all knowledge of trade secrets, technical processes, and security measures obtained during the remote maintenance as strictly confidential.
9. Data Protection and Confidentiality
The customer is responsible for ensuring that all personal data processed on its systems is handled in accordance with the General Data Protection Regulation (GDPR) and the respectively applicable data protection laws.
Remote maintenance is carried out exclusively within the scope of the agreed services; processing of personal data on behalf pursuant to Art. 28 GDPR is expressly not intended.
Evomatec undertakes to delete personal data that becomes known in the course of remote maintenance immediately, with the exception of technically necessary log data.
Evomatec shall treat all operational, business, and access data obtained within the scope of the remote maintenance as strictly confidential and shall neither pass it on to third parties nor use it for its own purposes.
10. Place of Performance and Jurisdiction
The place of performance and place of jurisdiction is the registered office of Evomatec in Stuttgart.
The law of the Federal Republic of Germany shall apply.
11. Miscellaneous
In addition, the "General Terms and Conditions of Sale" of Evomatec shall apply, which can be viewed at
Further legal notices and data protection information are also available on the Evomatec website.
End of the Remote Maintenance Agreement