Terms of Use

  1. Scope of validity, subject of the agreement, conclusion of the agreement
    1. In addition to the Terms of Use of the "bizhub Evolution" service platform, the following Terms of Use for the "Markomi" service (hereinafter referred to as "Terms of Use") shall apply.
    2. The subject of these Terms of Use and any agreements concluded under these is the provision of the "Markomi" application (hereinafter referred to as "Application" and/or "Service" and/or "Services") in order to use the functions thereof and the provision of storage space for the data generated by the customer as a result of using the Application and/or the data required to use the Application (hereinafter referred to as "Application Data") upon payment of the agreed remuneration.
    3. The agreement shall be concluded via the "bizhub Evolution" service platform.
  2. Description of service
    1. Konica Minolta shall make available the Application for the term of the agreement in the relevant version agreed at the router output of the data centre where the Konica Minolta server with the Application is located (hereinafter referred to as the "Handover Point") for use in accordance with these Terms of Use. The Application, the computing power required to use it and the necessary storage and data processing space shall be provided by Konica Minolta. Konica Minolta shall not, however, be responsible for establishing and maintaining the data connection between the IT systems of the customer and the Handover Point described above.
    2. The Application enables the customer to design and prepare multi-channel marketing campaigns within predefined campaigns and layouts.
    3. The customer can adapt the marketing campaigns provided to their own requirements and execute these independently. For this purpose, the customer must make available to Konica Minolta to upload the content, images and destinations required for the relevant marketing campaigns.
    4. Further service parameters include:
      1. Supported file formats for addresses: Excel, CSV
      2. Supported file formats for images: jpp, png, bmp, gif, pdf
      3. Supported languages: German, English, French
  3. Availability of the Application
    1. Konica Minolta shall endeavour to make the Service available for use with as little disruption as possible.
    2. Konica Minolta shall, however, point out to the customer that, even with all due care, downtimes (e.g. due to necessary maintenance work) cannot be excluded. Furthermore, restrictions on and/or disruptions to the Services provided may arise which are outside Konica Minolta's sphere of influence. These include, in particular, actions taken by third parties who are not commissioned by Konica Minolta, technical conditions relating to the Internet that cannot be influenced by Konica Minolta, and force majeure. The hardware and software and the technical infrastructure used by the customer can also influence the Service provided by Konica Minolta. Where such circumstances have an influence on the availability or functionality of the Services provided by Konica Minolta, this shall not impact the contractual compliance of the Service.
    3. The customer shall undertake to point out to Konica Minolta any malfunctions, faults or functional impairments of the Service without delay and in as much detail as possible via the fault report form provided in the Application.
  4. Obligations of the customer
    1. The customer shall perform all obligations and duties required for the execution of the agreement. In particular, they shall
      1. only execute the campaigns taking into account the applicable statutory provisions, particularly taking into account the applicable provisions relating to consumer law, competition law and data protection law;
      2. comply with the limitations/obligations with regard to the rights of use in accordance with Item 5 below;
      3. ensure that (e.g. when transferring third-party images/text/data while using the Application) they observe all third-party rights to the content they use and shall ensure, in this context in particular, that they are entitled to transfer the content to Konica Minolta;
      4. in accordance with Item 8.2, obtain the required consent of the relevant individuals where the customer collects, processes or uses any personal data when using the Application and does not have any legal basis for this
      5. check for viruses before sending any data or information to Konica Minolta and to use state-of-the-art anti-virus programs;
      6. where they transfer data to Konica Minolta for the generation of Application Data, to back up this data regularly and in accordance with the importance of the data and to create their own backup copies so that they can carry out reconstruction themselves in the event that data and/or information is lost;
      7. monitor and comply with the retention periods under commercial and tax law and with the deletion periods under data protection law with regards to the saved Application Data.
    2. Where Konica Minolta is prevented from providing the Service due to the customer failing to fulfil their obligations in accordance with the agreement, Konica Minolta shall not be responsible for the resulting defects in performance. All contractual and statutory execution deadlines shall be delayed accordingly.
    3. The customer shall release Konica Minolta, upon the first demand, from any claims made by third parties which are based on the illegal use of the Application by the customer or which result from any disputes, caused by the customer, relating to data protection law, copyright law, competition law or other legal reasons which are associated with the use of the Application.
  5. Rights of use
    1. The customer shall be granted the simple, non-exclusive, non-sub-licensable and non-transferable rights of use, limited to the term of the agreement, in accordance with these Terms of Use.
    2. The customer may only use the Application for their own business activities.
    3. The customer shall not be entitled to any rights which are not expressly granted to the customer as stated above. In particular, the customer shall not be entitled to use the Application for any purpose other than the use agreed, or to allow it to be used by third parties or to be accessed by third parties. In particular, the Customer shall not be permitted to reproduce, sell or temporarily make available the Application and, above all, to rent or lease it.
    4. The customer shall take all necessary precautions to prevent the use of the Application by unauthorised persons.
    5. In the event that the customer breaches the provisions of Item 5, Konica Minolta can block the customer's access to the application or block the Application Data.
  6. Remuneration, terms and conditions of payment
    1. The customer shall pay the usage-dependent fees specified on the "bizhub Evolution" service platform for the Services.
    2. All prices shall be quoted in euros, excluding statutory value-added tax.
    3. Payment shall be upon invoice. All invoices shall be settled by the customer within 30 days of the invoice date, without any deduction.
  7. Interruptions to performance
    1. Konica Minolta shall provide the Service properly and professionally in accordance with the provisions of these Terms of Use. The customer shall undertake to inform Konica Minolta without delay about the fault report form featured in the Application if it recognises that a Service is not being performed in compliance with the agreement or has defects. In this case, the customer shall describe to Konica Minolta in as much detail as possible the Service not being provided in accordance with the agreement so that Konica Minolta can limit and analyse the deficiency in performance concerned.
    2. Konica Minolta shall strive to rectify any interruptions to performance without any additional costs for the customer within the following deadlines:
      1. Response time: Two hours
      2. Restore time: No more than five working days

      The response time defines the time between notification of the interruption to performance by the customer (receipt of the ticket) and the start of the analysis. The restore time defines the time between notification of the interruption to performance and the supply of a solution which can be achieved by adjusting the parameters, through a configuration or using other support services and does not require any services relating to software development.

      Both times shall only be calculated within the service hours and shall be paused outside of the service hours. The service hours are Monday to Thursday from 8 a.m. to 5 p.m. and Friday from 8 a.m. to 3 p.m., with the exception of national holidays in Germany.

    3. If the cause of the interruption to performance is associated with a component, the Service or general performance for which Konica Minolta is not solely responsible and therefore can only influence in part or not at all, an attempt shall be made to find a solution to the interruption to performance as quickly as possible in coordination with the parties involved.
    4. Extraordinary termination of the agreement without notice by the customer for good cause is not permitted until Konica Minolta has been given sufficient opportunity to rectify defects and has failed to do so. The failure to rectify defects shall only be assumed where this is not possible, if Konica Minolta refuses to do this or delays this to an unreasonable extent, if there is justified doubt regarding the likelihood of success, or if for other reasons the customer deems this situation unreasonable.
    5. In all other respects, the provisions of Sections 535 et seq. of the German Civil Code (BGB) shall apply in the event of interruption to performance relating to Services.
  8. Data protection
    1. The parties shall take into account the relevant applicable provisions relating to data protection law.
    2. If the customer collects, processes or uses personal data as part of the Service, they shall ensure that they are entitled to do this in accordance with the applicable provisions, of data protection law in particular, and – where required – that they have obtained the express consent of those affected.
    3. Where the Application Data to be processed is personal data, commissioned data processing is available. In this respect, the parties shall conclude an agreement on commissioned data processing in accordance with the applicable provisions under data protection law.
  9. Term and termination
    1. The agreement on the use of the Service shall be concluded for an indefinite period and can be terminated by either party with 14 days notice to the end of a calendar month.
    2. The rights of both parties to extraordinary termination of the agreement where good cause exists shall remain unaffected.
    3. Good cause, which entitles Konica Minolta to extraordinary termination of the agreement, shall in particular include cases whereby the customer:
      1. Breaches their obligations in accordance with Item 4.1;
      2. Breaches the provisions on rights of use in accordance with Item 5;
      3. Is in arrears with the payment of an amount due for more than two consecutive months.
    4. Extraordinary termination due to or in conjunction with a breach of obligation is – with the exception of those cases specified under Items 4.1 a) to d) – only possible after prior warning in text form.
    5. Ordinary termination of the agreement by the customer shall be via the button shown on the "bizhub Evolution" service platform. Termination of the agreement by Konica Minolta requires text form; this also applies to extraordinary termination of the agreement by the customer.
  10. Obligations upon and after termination of the agreement
    1. Konica Minolta shall, at the customer's request, make available the Application Data saved by the customer so that it can be accessed via remote data transfer or downloaded. The customer shall undertake to reimburse any necessary and proven costs which occur in connection with this.
    2. Konica Minolta shall not be obligated to publish or continue to save the Application Data at the end of the term of the agreement. Rather, the data shall be deleted by Konica Minolta at the end of the term of the agreement.

Last revised: March 2017