5.1. The Service Provider undertakes the obligation to perform the Services for the Customer.
5.2. Insofar as the Specific Terms & Conditions do not refer to any other capacity of the Customer, the Customer is irrevocably deemed to be a professional user acting in the context of its professional activities. The Customer is deemed to possess the relevant know-how in relation to the Services to be provided, and to engage personnel with the relevant expertise.
5.3. If during the term of the Contract the material specifications for the performance of the Contract change, the Customer will compensate the Service Provider for the additional training of the Consultant. If the Customer itself provides a training to the Consultant, then barring any provision to the contrary in the Specific Terms & Conditions the costs for this training are to be borne by the Customer.
5.4. To the extent possible, the Service Provider must report any scheduled interruptions of the performance of the Services (such as short-term illness, Consultant leave days, etc.) to the Customer in a timely manner.
Place of performance
5.5. The Services are to be performed in the spaces of the Customer as identified in the Specific Terms & Conditions. The work space and facilities will be in compliance with all requirements of law. The Customer indemnifies the Service Provider against claims of third parties, including the Employees of the Service Provider, who suffered damages in connection with the performance of the Contract and resulting from the acts or omissions of the Customer or from unsafe situations in the Customer’s organisation. The Customer shall notify the Consultant(s) of the house rules and safety procedures prior to the start of the Services.
5.6. The Service Provider shall perform its task within the framework of the performance of this Contract to the best of its ability and will take into account the technical instructions and guidelines it receives from the Customer in accordance with5.8 through 5.11 of the General Terms and Conditions.
5.7. The Services shall be developed and/or delivered by the Service Provider in the state in which they are at the moment of delivery (as is), and therefore with all visible and invisible errors and defects.
Under no circumstances does the Service Provider warrant the suitability or marketability of the Services for the performance of specific tasks envisioned by the Customer unless said tasks are explicitly covered in the Specific Terms & Conditions and/or the description of the functional specifications.
The Service Provider does not warrant that any intervention by the Service Provider will allow the resolution of the problem arising or that the alleged problem will no longer occur after its intervention, or that no other difficulties shall arise as a result of this correction.
The performance is rendered by the Service Provider with all due care that can be reasonably expected in accordance with the state of the art.
5.8. The Parties acknowledge and accept that the success of activities in the field of information and communication technology depends on timely cooperation. The Customer shall at all times promptly grant all reasonable cooperation desired by the Service Provider.
5.9. The Service Provider provides the Services within the limits of this Contract and the information provided by the Customer. The Customer warrants the accuracy, timeliness and completeness of the information it provides, stated dimensions, requirements, specifications of the Services and other data crucial to allow the Services Provider to fulfil the obligations under this Contract. The Customer indemnifies the Service Provider for all damages resulting from incorrect, late or incomplete provision of information.
5.10. The Customer shall provide the Service Provider with all information, technical or general documentation or other explanatory material necessary for the Services. Under normal circumstances, the Customer shall at all times bear the end responsibility for the running projects of which the consultancy Services of the Service Provider may be a part. The Service Provider is not responsible for incorrect, missing, late or conflicting instructions of the Customer.
5.11. The Customer at all times bears the responsibility for its existing infrastructure (including, but not limited to: hardware, software, websites, databases, monitoring and security procedures, adequate system management, etc.) and the proper functionality and safety of all its working materials.
Only the Customer is responsible for setting up procedures that allow them to reconstruct lost or modified files, data or programs at any time, regardless of the cause of the loss or modification. On a daily basis, the Customer must be able to dispose of the necessary back-up copies of its computer programs, files and data.
5.12. For the performance of this Contract the Service Provider will draw on the services of one or more Consultants. The Service Provider reserves the right to determine what Consultant shall be assigned to the performance of the Services, and to replace this Consultant as the Service Provider sees fit throughout the duration of the Contract.
Where deemed necessary or desirable by both Parties, the Parties may also agree to charge another Consultant with the performance of the Contract, either temporarily or permanently.
5.13. If the Consultant does not or no longer meets the set requirements, brings the Customer’s good name into disrepute or does not perform or no longer performs the Contract in accordance with any reasonable definition, the Customer is entitled to request the Service Provider to replace the Consultant. This does not discharge the Customer from its obligation to continue to pay for the Services performed by the Consultant.
If the Service Provider agrees to the replacement of the Consultant, it undertakes the obligation to provide the Customer with a replacement as quickly as reasonably possible. If the Service Provider is unable to provide a qualified replacement within a term of two (2) weeks, the Customer is entitled to terminate the portion of the Contract pertaining to the Consultant to be replaced.