Thomas-Krenn Service GTCs

Additional services (“MyServices”)

You can arrange for additional support and other services (hereinafter: “services”) subject to fees with Thomas-Krenn.AG in connection with the purchase of hardware at Thomas-Krenn.AG.

You can select from the following service packages:

Essentials Package	Exclusive Package	Enterprise Package
Content (service levels):	Content (service levels):	Content (service levels):
Thomas-Krenn wiki E-mail support Hotline support Driver support Installation support Hardware Replacement NBD	Thomas-Krenn wiki E-mail support Hotline support Driver support Installation support Hardware Replacement NBD Hotline support 24/7 On-Site Service NBD	Thomas-Krenn wiki E-mail support Hotline support Driver support Installation support Hardware Replacement NBD Hotline support 24/7 24/7/4 Service and Support On-Site and Same Day Replacement
Selected service term:	Selected service term:	Selected service term:
24 months 36 months 60 months	24 months 36 months 60 months	24 months 36 months 60 months
Countries:	Countries:	Countries:
EU* Switzerland2 GB2	EU* Switzerland2 GB2	Germany (Other countries on request)

 

The specific scope of services, the service term for the services to be provided by Thomas-Krenn.AG and the corresponding applicable conditions arise from

 

• your specific order, where you select or compile a specific service package, and, insofar as this order was confirmed by Thomas-Krenn.AG, the terms of service including the
• relevant service levels for the services you selected and
• Thomas-Krenn.AG's General Terms and Conditions.

Your statutory warranty rights as a purchaser of hardware from Thomas-Krenn.AG are not in any way impaired by ordering services.

In the following order process, you can view, download and save the applicable terms and conditions including the remuneration to be paid for the services you have selected before submitting a binding order. Only after declaring your agreement with the relevant contractual terms and conditions can you submit a binding order for the desired services.

² Hardware Replacement NBD cannot be guaranteed in these countries, as the parts are shipped from Germany and customs can influence the speed of delivery. Thus, the advance replacement service is provided, but not NBD.

* Belgium, Luxembourg, Austria, Poland, Czech Republic, Netherlands, Italy, France
  The site of the server/serviceable products at the customer's location (as determined in the terms of service) is authoritative.

 

Configure your service package >>

 

Terms of Service/Service Levels

1. Introduction

a. The customer has the opportunity to order services subject to fees from Thomas-Krenn.AG in connection with the products purchased from Thomas-Krenn.AG. The customer can select from various service packages in Thomas-Krenn.AG's online shop or combine individual services with one another insofar as these are offered on the Thomas-Krenn.AG online shop.

b. The specific scope of services, the service period for the services to be provided by Thomas-Krenn.AG and the corresponding applicable conditions (which together form the service contract) arise from

 

• The customer's specific order and the specific services selected or compiled in the online shop, insofar as this service order was confirmed or performed by Thomas-Krenn.AG
• The terms of service, including the relevant service levels for the services selected
• Thomas-Krenn.AG's General Terms and Conditions.

In the case of contrary provisions, the documents in the previously mentioned order apply so that in such cases the terms of the service order take precedence over the respective provisions of the terms of service, and the terms of service take precedence over the respective terms from Thomas-Krenn.AG's General Terms and Conditions.

Our service contracts are not a paid warranty extension, but are services subject to VAT tax.

2. Requirements for the provision of services, service period and remuneration

a. Thomas-Krenn.AG provides the services exclusively in relation to products purchased by the customer from Thomas-Krenn.AG and specified in the respective order for services. A requirement for providing these services is therefore a valid service order from the customer for the respective product (hereinafter: serviceable product).

b. Subsequent to a confirmed, valid service order, the customer is entitled to the service level they have chosen for the period specified in the service order, which is calculated from the purchase date of the serviceable product. Upon expiration of the service period, the service contract expires automatically without the need for an explicit termination. The right of each party to terminate the contract for good cause is unaffected by this provision.

c. The flat fees stipulated in the service order cover expenses for the services rendered and materials used in connection with and during the term of the service contract insofar as this is not otherwise stipulated for specific services and/or materials in the service contract. These types of services and/or materials require a separate agreement and are to be remunerated separately as well (e.g. according to material use or expenses incurred).

3. Basic scope of services and changes to services

a. Thomas-Krenn.AG provides services for a serviceable product within the framework of and according to the provisions of the respective service levels described below (see clause 5 below). The services include some basic support services that Thomas-Krenn.AG provides independent of deficiencies with the serviceable product, such as e-mail support, hotline support or access to an online portal. Furthermore, the services include additional support services that Thomas-Krenn.AG provides in the event of a technical problem that is due to a defect of the serviceable product. The scope of these additional services is largely determined by the selected service packages and the service levels applicable to them.

b. For changes affecting the service contract with the customer, Thomas-Krenn.AG will notify the customer via e-mail at the address it has provided at least thirty (30) days before the change(s) take effect. Thomas-Krenn.AG will not make any changes to the services that would minimize the scope of the services offered by Thomas-Krenn.AG or the obligations of Thomas-Krenn.AG in terms of the services to be rendered for the customer or negatively impact the right of the customer to the services ordered.

4. Limitations and exclusions

a. Limitations
Thomas-Krenn.AG will endeavor to repair /rectify errors reported by the customer in relation to the serviceable product and the customer's technical problems with serviceable products within the framework of the applicable service level without any guarantee for the success of this attempt.

b. Exclusions
Insofar as it is not otherwise stated in the service contract, Thomas-Krenn.AG will not provide any services in relation to problems or questions that are not covered within the scope of the service contract. Furthermore, Thomas-Krenn.AG does not provide any service for products that were not purchased from Thomas-Krenn.AG.

c. Best price
Best price products are not covered by our service packages.

 

5. Description of the individual services and service levels

Error-independent services
The following services principally represent basic support services offered by Thomas-Krenn.AG, which the customer can order independent of the existence of errors and/or deficiencies with the serviceable products.

(1) Thomas-Krenn wiki
Thomas-Krenn wiki is an online portal in which Thomas-Krenn.AG provides its customers with know-how relating to server technology in corresponding, regularly edited and updated articles. The customer receives both answers to current questions in the field of servers as well as background information on relevant server technologies via these articles. The central topics covered in the Thomas-Krenn wiki are:

 

• Server hardware
• Server software
• Storage
• Virtualization
• Network and accessories
• Project presentations

Thomas-Krenn.AG provides the customer access to the Thomas-Krenn wiki over the life of the contract term. The degree of accessibility of the Thomas-Krenn wiki portal is 95.5% in terms of the annual mean and considers possible downtimes, for example due to interruptions or other events that are not caused by Thomas-Krenn.AG or are due to system-immanent maintenance or data security efforts.

(2) E-mail support
For technical problems with and/or errors with the serviceable product(s), the customer can contact Thomas-Krenn.AG service employees via e-mail. The customer then receives support via e-mail in rectifying the technical problem. With e-mail support, the customer should receive fast, effective support for any problems arising with the serviceable product(s). Thomas-Krenn.AG cannot, however, guarantee that it will be able to solve the respective technical problem(s) via this e-mail support. In certain cases, additional measures may be necessary for resolving the issue(s).

(3) Hotline support

For technical problems with and/or errors with the serviceable product(s), the customer can contact the technical support at Thomas-Krenn.AG via telephone. This hotline support is available to customers Monday through Friday (with the exception of Bavarian public holidays) between the hours of 7:00 am to 10:30 pm. With hotline support, the customer should receive fast, effective support for any problems arising with the serviceable product(s). Thomas-Krenn.AG cannot, however, guarantee that it will be able to solve the respective technical problem(s) or errors via this hotline support. In certain cases, additional measures may be necessary for resolving the issue(s).

(4) 24/7 hotline support
With 24/7 hotline support, customers have access to the same services as with the normal hotline support (see Sec. 5 a. (3) above), only without the time restrictions. 24/7 hotline support is therefore available every day and around the clock (24 hours a day, 7 days a week).

(5) Driver support
Thomas-Krenn.AG provides the customer access to drivers for the serviceable product(s). The determination of which drivers are provided is the sole right of Thomas-Krenn.AG. A claim to certain drivers or the latest drivers does not exist for the customer.

Thomas-Krenn.AG provides these drivers to the customer via https://www.thomas-krenn.com/de/download.html. The customer can access and download the drivers from there.

(6) Installation support
The customer receives support and assistance from Thomas-Krenn.AG for the installation of hardware purchased from Thomas-Krenn.AG. The customer can receive this installation support either over the telephone or via e-mail. Thomas-Krenn.AG cannot, however, guarantee that it will be able to solve technical problem(s) or errors arising via this installation support. In certain cases, additional measures may be necessary for resolving such issue(s).

(7) Keep Your Drive

KYD Terms & Conditions

7.1 Scope of application; no impairment of warranty rights

a. In accordance with the following conditions, customers can obtain the service “Keep Your Drive” (“KYD Service”), which is subject to fees.

b. The KYD Service is subject to the following terms and conditions (hereinafter referred to as “KYD T&Cs”). If it turns out that a hard drive purchased from Thomas-Krenn.AG is defective but still contains data that the customer does not wish to surrender, the KYD Service enables the customer to retain the defective drive in the event of a warranty or support case in which the defective hard drive must be replaced with a new one.

c. Neither the statutory warranty rights of the customer as the purchaser of the hardware from Thomas-Krenn.AG nor any rights of the customer arising from an additional service contract agreed with Thomas-Krenn.AG are affected by the agreement for the KYD Service. Customers of Thomas-Krenn.AG are entitled to their statutory warranty rights in full, even if they do not use the KYD Service.

d. These KYD T&Cs apply in the following two cases:

aa. Warranty claim

Based on the General Terms and Conditions of Thomas-Krenn.AG, the customer has a warranty claim (subsequent delivery claim) under sales law with regard to a defective hardware product, within the scope of which a defective hard drive must be exchanged for a new one. On the basis of the KYD Service, the obligation of the customer to return the defective hard drive to Thomas-Krenn.AG in accordance with § 439 Para. 5 BGB (German Civil Code) shall not apply in this case.

bb. Support case

Based on the service contract agreed with Thomas-Krenn.AG, the customer is entitled to the replacement of a defective hard drive. On the basis of the KYD Service, the obligation of the customer to return the defective hard drive to Thomas-Krenn.AG in accordance with the service contract is not applicable in this case.

7.2 Requirements for the KYD Service, duration and remuneration

a. Thomas-Krenn.AG offers the KYD Service to the customer exclusively in relation to the specifically named hard drive(s) which the customer has purchased from Thomas-Krenn.AG as an independent product or as part of another hardware product. The prerequisite for the provision of the KYD Service is therefore an effective purchase contract for such a hardware product ("serviceable product") between Thomas-Krenn.AG and the customer.

b. If a service contract exists between the customer and Thomas-Krenn.AG, the customer may purchase the KYD Service for the serviceable product for the term of the service contract at the customer's expense. If no such service contract exists, the customer may purchase the KYD Service in respect of the serviceable product for a period of one (1) year.

c. In any case, the customer can only book the KYD Service together with the order of the serviceable product; there is no isolated or subsequent possibility to book the KYD Service.

d. The customer is entitled to the KYD Service for the fixed term specified in the order, calculated from the date of purchase of the relevant serviceable product (“Term”).

e. The amount of the remuneration depends on the term. The remuneration agreed in the order fully covers the services owed by Thomas-Krenn.AG with regard to the KYD Service.

f. The KYD Service ends after the expiration of the term without the need for a separate termination. The term of any other service contract remains unaffected by the termination of the KYD Service. Likewise, the possibility of extraordinary termination of the KYD Service remains unaffected.

7.3 Prerequisite for the KYD Service

a. The basic prerequisite for using the KYD Service is that the data on the defective serviceable product can no longer be deleted by the customer and that the customer has provided Thomas-Krenn.AG with corresponding proof.

b. It is the customer's responsibility to make use of the technical support of Thomas-Krenn.AG to obtain any information and advice regarding any existing options for data deletion before informing Thomas-Krenn.AG that the data cannot be deleted in accordance with 3b.

c. The customer may provide the proof referred to in 3a by declaring to Thomas-Krenn.AG in writing or by e-mail to support@thomas-krenn.com that the data cannot be deleted by the customer and confirming that all available methods to delete the data were unsuccessful. This statement must also specify the serial number of the affected drive and whether it is a warranty or a support case.

d.The customer is obliged to store the defective hard drive in unchanged condition; this obligation to store ends after six months, calculated from the date the customer notified Thomas-Krenn.AG according to clause 3c. Within this period, the customer is obliged, upon request of Thomas-Krenn.AG, to have the defective hard drive checked on site by the service staff employed by Thomas-Krenn.AG; the customer may make this check dependent on the conclusion of a data processing agreement.

7.4 Unauthorized use of the KYD Service; return and flat-rate reimbursement of expenses

a. If, after the defective hard drive has been inspected on site by Thomas-Krenn.AG, it turns out that the data could have been deleted contrary to the customer's specifications, and if the customer could have recognized this – if necessary by making use of the support of Thomas-Krenn.AG – the customer's claim to the KYD Service expires.

b. Thomas-Krenn.AG's claims for the return of the defective hard drive shall in this case be governed by the provisions of the service contract or the statutory warranty provisions.

c. In this case, Thomas-Krenn.AG is also entitled to demand lump-sum reimbursement of expenses in the amount of EUR 250.00 from the customer. Thomas-Krenn.AG reserves the right to prove that higher damages have been incurred. The customer reserves the right to prove that no damage or significantly lower damage has been incurred.

7.5 Data backup / cooperation of the customer

a. Thomas-Krenn.AG recommends customers back up their data regularly. It cannot be ruled out that the customer's use of the KYD Service from Thomas-Krenn.AG may result in the irretrievable loss of personal data, programs, software, etc., which are located on the defective serviceable product in question. The customer is therefore responsible for backing up all data, programs, software, etc. on the relevant serviceable products before using the KYD Service. Thomas-Krenn.AG is not generally required to perform any data backup. Thomas-Krenn.AG therefore assumes no liability for the loss of data, programs or software subject to the customer's aforementioned obligation regarding data protection.

b. Additionally, the customer is to have all data relating to the serviceable product on hand and available to the service employee. Further, the customer is to perform all other cooperative actions within reason that are required for a proper rendering of the KYD Service by Thomas-Krenn.AG.

7.6 Other terms

a. Terms of payment

The terms of payment of the General Terms and Conditions of Thomas-Krenn.AG apply.

b. Applicable law and agreed place of jurisdiction

The provisions on applicable law and place of jurisdiction in the General Terms and Conditions of Thomas-Krenn.AG shall apply accordingly.

c. Severability clause

Should individual provisions of these KYD T&Cs be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by mutual agreement by a legally valid provision which comes as close as possible to the economic sense and purpose of the invalid provision. The same applies to any contractual gaps or loopholes.

Error-dependent services
The following services presuppose a technical problem that is attributable to a defect within the meaning of § 434 BGB of the serviceable product ("error-dependent services"). The customer can make use of these error-dependent services regardless of whether the defect already existed at the time of risk transfer or first arose during the term of the service contract.

The customer can make use of the error-dependent services independent of possible claims relating to warranty law regarding the serviceable product(s). The error-dependent services covered by these Terms of Service do not include the reimbursement of the customer’s costs or expenses incurred determining and/or diagnosing a defect in a serviceable product.

Possible sales law-related warranty claims from the customer regarding the serviceable product(s) remain unaffected by this service condition. The customer can assert its warranty claims relating to sales law in accordance with the General Terms and Conditions, whereby the customer is obliged to notify Thomas-Krenn.AG of defects pursuant to § 10 (2) of the General Terms and Conditions regarding the possible reimbursement of customer costs or expenses incurred determining and/or diagnosing a defect in a product.

The basic requirement for utilizing the error-dependent services is that the customer has first contacted the technical support of Thomas-Krenn.AG by telephone and described the defect, and the defect could not be successfully remedied by the technical support. Upon receiving the call from the customer, Thomas-Krenn.AG creates a ticket and begins to process the case. The ticket records the time that the call was received, its content, the processing steps, processing status and the person(s) processing the case. The ticket is kept up-to-date by Thomas-Krenn.AG according to the processing procedure.

The customer can make use of some of the error-dependent services directly at the site of the serviceable product(s). This, however, only applies insofar as the site of the serviceable product(s) is located in a country where this service is offered. This is indicated by the information in the service order ("service site").

(8) Hardware Replacement NBD (Next Business Day)
With "Hardware Replacement NBD", Thomas-Krenn.AG will replace the defective serviceable product. For the replacement, the customer initially needs to contact Thomas-Krenn.AG via telephone or e-mail and report the defect with the serviceable product. Upon receiving the report, Thomas-Krenn.AG will send the customer a replacement product. Thomas-Krenn.AG is also authorized to provide the customer with a more valuable replacement than the original product. If the report is received by Thomas-Krenn.AG on a weekday by 12:00 pm, the shipment of the replacement product will take place on the following business day. With the shipment of the replacement product, the customer will also receive a return shipment voucher for returning the defective serviceable product to Thomas-Krenn.AG so that no transport costs arise for the customer. The customer is obligated to send the defective serviceable product back to Thomas-Krenn.AG within one business day upon receiving the replacement product. Shipping the serviceable product (including the replacement product sent to the customer) is done at the customer's risk.

(9) On-Site Service NBD (Next Business Day)
With "On-Site Service NBD", the customer can make use of technical services from Thomas-Krenn.AG directly at the service site. For this service, the customer initially needs to contact Thomas-Krenn.AG via telephone or e-mail and report the defect with the serviceable product. If the report is received by Thomas-Krenn.AG on a weekday by 12:00 pm, Thomas-Krenn.AG will send a service employee to rectify the defect on the following business day. This service is provided exclusively during our regular business hours from 8:00 am to 5:00 pm. If the error report is first received later or during the weekend or on a holiday, the Thomas-Krenn service employee will first be sent to the customer on the second business day to rectify the defect.

(10) 24/7 Service and Support

With “24/7 Service and Support”, the customer has access to the same services from Thomas-Krenn.AG as specified in the "On-site Service NBD" (see Sec. 5 b. (2) above) with the only difference being that customers with 24/7 Service and Support have the opportunity to claim this support within 24 hours of Thomas-Krenn.AG receiving the error report.

(11) 24/7/4 Service and Support
With the "24/7/4 Service and Support", the customer is entitled to the same services of Thomas-Krenn.AG as specified for "24/7 Service and Support" (see Sec. 5 b. (3) above) with the only difference being that this service is provided by Thomas-Krenn.AG within 4 hours of receiving the error report. With "24/7/4 Service and Support", services for accessories such as cables, BBUs, cache vault modules, adapters and/or DVD drives is not included unless otherwise stipulated in an agreement between Thomas-Krenn.AG and the customer.

(12) On-Site and Same Day Replacement
With "On-site and Same Day Replacement", the defective serviceable product is replaced by Thomas-Krenn.AG with an equal or higher-quality replacement product directly at the product's location. For this service, the customer initially needs to contact Thomas-Krenn.AG via telephone or e-mail and report the defect with the serviceable product. If the defect is reported to Thomas-Krenn.AG via telephone or e-mail on a business day, Thomas-Krenn.AG will respond by sending a service employee to the customer's site within four hours of receiving the notification and replace the defective serviceable product.

 

With the optionally bookable service "Solution Support", Thomas-Krenn.AG offers the customer extended support for problems that are not due to a malfunction of the hardware. The service is limited to a specific product or manufacturer. This restriction is made apparent in the specific order. An annual hourly quota of ten hours of reactive problem-solving service is included in Solution Support. Any additional hours required must be purchased for a fee. Excluded from the Solution Support are installation and configuration services as well as services that serve the care and maintenance of the system. In order to offer the customer the best possible support, Thomas-Krenn.AG consults in individual cases, manufacturers or service providers to solve the problem. A direct contact between the customer and third parties is possible, but not mandatory. By booking the service, the customer agrees that his contact data, ticket and system information can be passed on to third parties for the processing of a Solution Support case.

 

6. Data backup / custom settings / customer cooperation

a. Thomas-Krenn.AG recommends that customers regularly back up their data. Data, programs, software, etc. on the affected serviceable product(s) could potentially be irreparably lost when Thomas-Krenn.AG renders its services. The customer is therefore responsible for ensuring that all of their data, programs, software, etc. on the respective serviceable product(s) is secured and backed up prior to the rendering of services by Thomas-Krenn.AG so that a new installation of this data can be performed following the rendering of services. Thomas-Krenn.AG underscores that even within the framework of on-site services (On-site Service NBD, 24/7/4 Service and Support and On-site and Same Day Replacement Service), Thomas-Krenn.AG is not responsible for any data protection measures and data can be lost as a result of the services rendered by the Thomas-Krenn technician. Thomas-Krenn.AG therefore assumes no liability for the loss of data, programs or software subject to the customer's aforementioned obligation regarding data protection.

b. The customer is responsible for ensuring that the provisions of the DSGVO, in its current version, are taken into account when returning storage media of any kind.

c. Settings could be changed or deleted due to the services rendered by Thomas-Krenn.AG. The restoration or resetting of these settings is not covered by the services. The customer is responsible for protecting and/or restoring any settings.

d. Any telecommunication facilities required by the Thomas-Krenn service employees for the proper rendering of the services in question, particularly testing and diagnostic purposes as well as to rectify errors and/or defects are to be provided by the customer at their expense. Furthermore, the customer is to provide any necessary information required for assessing and rectifying the error or defect. In particular, the customer is to have all data relating to the serviceable product on hand and available to the service employee. Further, the customer is to perform all other cooperative actions within reason that are required for a proper rendering of service by Thomas-Krenn.AG.

You can also download Thomas-Krenn.AG's Service GTCs here in PDF format.

(Updated 02/2023)