Legal
Terms Part E – Maintenance, Support, Technical Services & Managed Services
Maintenance, support, technical services and Managed Services
Preliminary note
These Special Terms and Conditions (“Part E”) supplement the Master Terms of Asghar Consultants e.K. for maintenance, support, technical services and Managed Services. They apply only to the extent that they have been validly incorporated into the respective contract. Individual service contracts, offers, project orders or Service Level Agreements (SLA) may contain supplementary or deviating provisions. Mandatory statutory provisions remain unaffected.
E.1 Scope
These Special Terms and Conditions apply in particular to technical maintenance, IT support, system administration, monitoring, hosting and infrastructure services, Managed Services, data and system maintenance, backup and recovery services, security and update services as well as technical consulting and related services.
E.2 Scope of Services
The specific scope of services is governed by the respective contract, offer, service description or SLA. Unless expressly agreed, there is no entitlement to services beyond the agreed scope. Technical services may be provided as an ongoing service, on a time-and-materials basis, as a flat fee or on a project basis.
E.3 Service Hours
Regular service hours are governed by the respective contract or SLA. Without a separate agreement, services are provided within AsgCon’s usual business hours. Outside these hours there is no entitlement to immediate handling, unless standby or emergency service has been agreed.
E.4 Fault Reporting
Faults and support requests are to be reported as completely as possible via the agreed communication channels. The customer should in particular state the affected systems, time, error message, impact and measures already taken. Incomplete information may delay handling.
E.5 Prioritization
AsgCon may prioritize faults according to urgency and impact. Criteria may include in particular the number of affected users, the criticality of the system, the availability of essential functions and the impact on business operations. The agreed prioritization may be specified in an SLA.
E.6 Response and Resolution Times
Where response or resolution times are agreed, they are governed by the respective contract or SLA. A response time generally means the start of handling or a first qualified reply, and not automatically the complete resolution of the fault. A resolution time may depend on the customer’s cooperation, third-party providers, spare parts, technical dependencies or other circumstances.
E.7 Maintenance
Planned maintenance work may be necessary to preserve the security, stability, currency or performance of systems. Where possible, planned maintenance is announced in reasonable time. Necessary short-notice maintenance or security measures may also be carried out without lengthy advance notice if this is required to protect the system.
E.8 Monitoring
Where monitoring is agreed, systems, services, availability, technical states or defined performance parameters may be monitored. The scope and purpose of monitoring result from the respective order. Monitoring does not automatically mean seamless surveillance of all technical or business processes.
E.9 Backup and Recovery
Where backup or recovery services are agreed, the scope, frequency, retention, storage location, recovery objectives and test procedures are governed by the respective contract or SLA. An absolute guarantee against data loss cannot be given. The customer remains responsible for the timely provision and lawful processing of its data.
E.10 Security and Updates
To the agreed extent, AsgCon may carry out security updates, patches, configuration adjustments and other technical measures. Security measures may make changes to systems or temporary restrictions necessary. The customer must comply with agreed security requirements and duties to cooperate.
E.11 Customer Cooperation
The customer provides the necessary access, contact persons, information, approvals, technical requirements and other cooperation in good time. In particular, the customer ensures the proper management of its own access credentials and permissions, to the extent that these fall within its area of responsibility. Delays due to missing cooperation may lead to an adjustment of schedule and effort.
E.12 Third-Party Providers and External Systems
Technical services may depend on systems, software, cloud services, networks or other services of third parties. AsgCon is responsible for faults, changes or outages of such third-party providers only to the extent that these can be influenced, legally and in practice, within the agreed scope of services. Additional services or costs of third parties may have to be remunerated separately, to the extent agreed.
E.13 Remote Access
Where remote access is agreed for support or maintenance, the customer provides the technical requirements and permissions necessary for this. Access is used only to the extent necessary and for the agreed purpose. The customer is responsible for the approval and management of its systems and permissions, unless expressly agreed otherwise.
E.14 On-Site Services
On-site services are provided only if they have been expressly agreed or result from the scope of services. Appointments, travel times, travel costs, access requirements and other conditions may be agreed individually. Delays due to lack of access or requirements may be attributed to the customer, to the extent legally permissible.
E.15 Changes to the Customer System
The customer informs AsgCon of material changes to systems, infrastructure, software, networks or configurations, to the extent these are relevant to the agreed service. Changes by the customer or third parties may affect functionality, security or supportability. Additional effort for analysis or recovery may be charged separately, to the extent agreed and legally permissible.
E.16 Acceptance and Proof of Performance
For project-related technical services, acceptances, proofs of performance, service reports or other documentation may be agreed. Where acceptance is required, the procedure is governed by the respective contract. Statutory rights in respect of defects remain unaffected.
E.17 Remuneration
Remuneration may be made as a flat fee, on a time basis, per ticket, per unit of service, as a monthly fee or under another agreed model. Services outside the agreed scope are remunerated only if they have been commissioned or are billable under the contract. Travel, third-party and other incidental costs may be incurred separately, to the extent agreed.
E.18 Term and Termination
The term, renewal and termination are governed by the respective contract or SLA and the statutory provisions. For ongoing Managed Services, special notice periods may be agreed. Upon termination, outstanding services, payments, handovers, data exports and other winding-up obligations must be properly dealt with.
E.19 Handover and End of Contract
At the end of the contract, a handover of documentation, access credentials, configurations or data may be agreed. The scope and costs of a transition are governed by the contract. Without a separate agreement, there is no entitlement to unlimited free transition support.
E.20 Liability and Business Interruptions
For liability and damages, the provisions of the Master Terms and the mandatory statutory provisions apply. Technical services may be impaired by external networks, power supply, third-party providers, security incidents, force majeure or other circumstances outside AsgCon’s sphere of influence. Statutory liability claims remain unaffected.
E.21 Data Protection
Personal data may be processed in the course of technical services. Processing takes place in accordance with the applicable data protection regulations. Where AsgCon acts as a processor and the requirements are met, a data processing agreement pursuant to Art. 28 GDPR is concluded, to the extent necessary. Access to systems and data is limited to the extent necessary.
E.22 Relationship to Part C – Software, SaaS & Digital Products
Where maintenance, support or technical services directly concern software, SaaS or digital products, the Special Terms and Conditions Part C may additionally apply. In the event of conflicts, the order of precedence set out in the respective contract and in the Master Terms applies. A technical support contract does not automatically extend the scope of the granted software or SaaS rights of use.
E.23 Relationship to the Master Terms
These Special Terms and Conditions supplement the Master Terms of Asghar Consultants e.K. The following order of precedence applies to the respective maintenance, support, technical services or Managed Services order: 1. mandatory statutory law, 2. individually negotiated agreements, 3. individual contract, offer, project order or SLA, 4. expressly incorporated Special Terms and Conditions Part E, 5. Master Terms. To the extent that the Master Terms contain no special provision for the specific order, they continue to apply in a supplementary manner.
Delimitation from Software and SaaS
Part E primarily governs ongoing maintenance, support, operational and technical services. Provisions on software, SaaS, rights of use, digital products, AI/LLM functions and corresponding consumer rights may additionally fall under Part C. The specific contract determines the scope of services owed in each case.
Legal incorporation
Part E is a component of the modular AsgCon terms and conditions system. It does not replace an individual service description, an SLA, a data protection notice or any data processing agreement that may be required. Mandatory statutory provisions take precedence over conflicting contractual provisions.
Version 1.0 · Last updated: 28 September 2026
This English version is provided for convenience; the German version (AGB Teil E – Wartung, Support, technische Dienstleistungen & Managed Services) is authoritative.