These Supplemental Terms for ServiceSuite – Acquisition through an Business Partner (hereinafter referred to as “EB”) govern the terms and conditions for the machine or equipment listed in the order form. Services. For authorized machines or services that are included in the scope of services after the start of the contract, the provisions of this agreement shall apply accordingly.
Requestor identifies Customer’s employees who may place service requests with QW under this Agreement. These employees must have sufficient technical knowledge to enable problem-oriented and targeted communication between the customer. Site means a location specified in the order form where the eligible machines are installed (installation customer address). Authorized machine means a machine listed in the order form or subsequently added to the scope of service. Machine means, unless otherwise specified, the machine itself, including any model changes, accessories and machine elements. A qualified program shall mean a program listed in the order form or included subsequently in the scope of service. Order Form means the Order Form itself – including its attachment and / or any subsequent amendment document that may be added.Customer means a customer of the Business Partner who purchases the services or products for self-use and not for resale.Machine / Service List means a list contained in the Order Form which lists the eligible machines and services.
Software services during Acquisition deals
If a software service contract expires, which at the time of the purchase referred to a program entitled under this contract, it will be included in this contract if the software is running on a qualifying machine. IBM will update the inventory after receiving a program. The customer may object to a fee-based automatic inclusion of a program in the scope of services within one month of receipt of the invoice by written communication to the QW Business Partner (with copy to IBM). However, there is no right of objection if the program is just an upgrade, a new feature, a new release or version of an existing qualifying program, or another copy of an existing legitimate program on an authorized machine. If QW has already provided services for automatically recorded programs at the customer’s request, these can be invoiced to the customer by the QW Business Partner. The customer will check with the QW Business Partner.
Usage-based service charges per unit are listed in the order form. Usage-based service charges are calculated quarterly at the beginning of each calendar quarter. The service fee may be increased by IBM with a notice period of three months at the beginning of a calculation period. The customer may give written notice of service at the time the increase becomes effective with one month’s notice. The usage-based service fee results from the usage units incurred, multiplied by the applicable maintenance rates. For the period from the commencement of services until the end of the calendar year, the monthly consumption of use units is estimated in agreement between the customer and QW. At the end of a calendar year, as well as upon termination of a contract, the customer will read the counter of the machine and inform QW in writing of the usage units incurred. The difference between the service charge already charged and the actual usage is credited or recalculated to the customer. The average consumption determined is used to calculate the service charge in the following calendar year. However, if the services start in the second half of a calendar year, the estimated consumption will be used in the following calendar year. The service fee will be charged at the VAT rate applicable at the time of the service. If the sales tax rate is changed within the calculation period, the periods are agreed with the applicable VAT rates as separate periods.