Thomas-Krenn Service Terms and Conditions

Additional Services (“MyServices”)

In connection with the purchase of hardware from Thomas-Krenn AG, you may agree with Thomas-Krenn AG to receive additional support and service offerings for a fee (“Services”).

You can choose from the following service packages:

"Essential Package"	"Exclusive Package"	"Enterprise Package"
Contents (Service Levels):	Contents (Service Levels):	Contents (Service Levels):
Thomas Krenn Wiki Email Support Hotline Support Driver Support Installation Support Hardware Replacement (Next Business Day)	Thomas Krenn Wiki Email Support Hotline Support Driver Support Installation Support Hardware Replacement (Next Business Day) 24/7 Hotline Support On-site Service NBD	Thomas Krenn Wiki Email Support Hotline Support Driver Support Installation Support Hardware Replacement (Next Business Day) 24/7 Hotline Support 24/7/4 Service and Support On-site and Same-Day Replacement
Selected Duration:	Selected duration:	Selected Duration:
24 months 36 months 60 months	24 months 36 months 60 months	24 months 36 months 60 months
Countries:	Countries:	Countries:
EU* Switzerland2 UK2 Iceland2	EU* Switzerland2 UK2 Iceland2	Germany (other countries upon request)

The specific scope of services, the duration of the services to be provided by Thomas-Krenn.AG, and the applicable provisions are set forth in

• your specific order, in which you select or customize the specific service package, provided that this order has been confirmed by Thomas-Krenn.AG,
• the Terms of Service, including the service levels applicable to the services you have selected, as well as
• the General Terms and Conditions of Thomas-Krenn.AG.

Your statutory warranty rights as a purchaser of hardware from Thomas-Krenn.AG are not affected by the agreement for these services.

During the ordering process below, you can view, download, and save the terms and conditions applicable to the services you have selected, as well as the fees to be paid for them, before placing a binding order. Only after you have agreed to the relevant contractual terms can you place a binding order for the services you have selected.

^2. Next-Business-Day (NBD) hardware replacement cannot be guaranteed in these countries, as parts are shipped from Germany and customs procedures may affect delivery times. Therefore, advance replacement is provided, but not on a Next-Business-Day basis.

* Germany, Belgium, Luxembourg, Austria, Poland, Czech Republic, Netherlands, Italy, France, Sweden, Spain (mainland)
The location of the servers/service products at the customer’s site is decisive (as specified in the Terms of Service).

To configure the service package >>

Terms of Service/Service Levels

1. Introduction

a. The customer has the option to arrange additional fee-based support and service offerings (“Services”) with Thomas-Krenn.AG in connection with products purchased from Thomas-Krenn.AG. To this end, the customer may choose from various service packages offered in the Thomas-Krenn.AG online store or combine individual services as desired, provided such options are available in the Thomas-Krenn.AG online store (“Service Packages”).

b. The specific scope of services, the duration of the services to be provided by Thomas-Krenn.AG, and the applicable terms and conditions (collectively,the “Service Agreement”) are set forth in

• the order placed by the customer in the online store and the services specifically selected or combined therein, provided that this order has been confirmed or executed by Thomas-Krenn.AG (“Service Order”),
• the Terms of Service, including the service levels contained therein for the services selected by the customer in each case,
• the General Terms and Conditions of Thomas-Krenn.AG.

In the event of conflicting provisions, the documents shall apply in the order listed above; thus, in such a case, for example, the provisions of the Service Order shall take precedence over the corresponding provisions of the Service Level Terms, and the provisions of the Service Level Terms shall take precedence over the corresponding provisions of the General Terms and Conditions of Thomas-Krenn.AG.

Our service contracts do not constitute a paid warranty extension, but are in every case services subject to sales tax.

2. Prerequisites for the Provision of Services, Duration, and Compensation

a. Thomas-Krenn.AG provides the services exclusively in relation to the products specifically named in the respective Service Order that the customer has purchased from Thomas-Krenn.AG. A prerequisite for the provision of the services is therefore a valid Service Order from the customer for such a product (“service product”).

b. Upon submission of a valid service order, the customer is entitled to the service levels selected by them for the term specified in the service order, calculated from the purchase date of the service product. Upon expiration of the agreed term, the service contract terminates automatically without the need for notice of termination. The right of either party to terminate the agreement for cause remains unaffected.

c. The flat-rate fee agreed upon in the service order covers the cost of the services owed under the service contract and the materials to be used during the term of the service contract, unless otherwise specified in the service contract for certain services and/or materials. Services and/or materials specified in this manner require a separate agreement and are to be compensated separately (e.g., based on materials used or labor).

3. General Scope of Services and Changes to Services

a. Thomas-Krenn.AG provides services for a service product within the scope of and in accordance with the specifications of the respective agreed-upon service levels described below (see Section 5 below). The services generally include basic support services that Thomas-Krenn.AG provides regardless of any defects in the service product, such as email support, hotline support, or access to an online portal. In addition, the services include supplementary support services that Thomas-Krenn.AG provides in the event of a technical problem attributable to a defect in the service product. The scope of these supplementary services is determined primarily by the selected service packages and the applicable service levels.

b. Thomas-Krenn.AG will notify the customer of any changes affecting the customer’s service agreement at least thirty (30) days before the change takes effect via email to the email address on file. Thomas-Krenn.AG will not make any changes to the services offered under the Service Agreement that would reduce the scope of the services provided by Thomas-Krenn.AG or that significantly impair Thomas-Krenn.AG’s obligations in providing the Services or the customer’s entitlement to the Services.

4. Limitations and Exclusions

a. Limitations
Thomas-Krenn.AG shall make reasonable efforts to professionally resolve any errors in the service products reported by the customer and any technical issues the customer experiences with service products within the scope of the respective service levels, without, however, guaranteeing the success of such resolution.

b. Exclusions
Unless otherwise specified in the service agreement, Thomas-Krenn.AG does not provide services with respect to problems or issues that fall outside the scope of the service agreement. Furthermore, Thomas-Krenn.AG does not provide services for products that were not purchased from Thomas-Krenn.AG.
The Service Agreement covers exclusively support services for the hardware supplied bythe Contractor. Support, maintenance, fault analysis, or troubleshooting services for operating systems, application software, or other software—including third-party software—are not covered by this Service Agreement unless expressly agreed upon in writing. The Customer’s statutory rights remain unaffected by this provision.

c. Best-Price
Best-Price products are excluded from our service packages.

5. Description of Individual Services and Service Levels

Services Not Dependent on Errors
The following services constitute basic support services provided by Thomas-Krenn.AG, which customers may utilize regardless of whether faults and/or defects exist in the service products.

(1) Thomas-Krenn Wiki
The Thomas-Krenn Wiki is an online portal where Thomas-Krenn.AG compiles and makes available to its customers expertise regarding server technology in relevant articles that are regularly updated. Through the articles provided, customers receive both answers to current questions in the server environment and background information on relevant server technologies. The main topics covered in the Thomas-Krenn Wiki are:

• Server Hardware
• Server software
• Storage
• Virtualization
• Networking and Accessories
• Project Presentations

Thomas-Krenn AG makes the Thomas-Krenn Wiki available to the customer for the agreed-upon contract term. The availability of the Thomas-Krenn Wiki portal is 95.5% on an annual average and takes into account any downtime, for example due to malfunctions or other events not caused by Thomas-Krenn.AG, or due to system-related maintenance or data backup work.

(2) Email Support
In the event of technical problems with and/or errors in the service products, the customer may contact Thomas-Krenn.AG’s service staff via email. The customer will then receive assistance via email in resolving the technical issues. This email support is intended to provide the customer with quick and effective assistance when problems arise with the service products. However, Thomas-Krenn.AG cannot guarantee that all technical problems can be resolved through this email support. Rather, additional measures may be necessary in individual cases to resolve the problem.

(3) Hotline Support

In the event of technical problems with and/or defects in the service products, the customer may contact Thomas-Krenn.AG’s technical support by phone. This hotline support is available to the customer Monday through Friday (excluding public holidays in Bavaria) from 7:00 a.m. to 10:30 p.m. This hotline support is intended to provide the customer with quick and effective assistance in the event of problems with the service products. However, Thomas-Krenn.AG cannot guarantee that all technical problems or defects can be resolved through this hotline support. Rather, additional measures may be necessary in individual cases to resolve the issue.

(4)24/ 7Hotline Support
With the 24/7 hotline support, customers have access to the same services as with the hotline support (see section 5 a. (3) above) , with the exception that the 24/7 Hotline Support allows customers to access this support around the clock (i.e., 24 hours a day, 7 days a week).

(5) Driver Support
Thomas-Krenn.AG provides drivers to the customer for the service products. Thomas-Krenn.AG reserves the right to select the drivers. The customer has no entitlement to specific drivers or the most up-to-date drivers.

Thomas-Krenn.AG makes the drivers available to the customer via the website https://www.thomas-krenn.com/de/download. The customer can download these drivers there.

(6) Installation Support
Thomas-Krenn.AG provides the customer with support and assistance for the installation of hardware purchased from Thomas-Krenn.AG. The customer may request this installation support either by phone or by email. However, Thomas-Krenn.AG cannot guarantee that all technical problems can be resolved through this installation support. Rather, additional measures may be necessary in individual cases to resolve the problem.

(7) Keep Your Drive

KYD Terms and Conditions

7.1 Scope of Application; No Impairment of Warranty Rights

a. Subject to the following terms and conditions, customers may purchase the fee-based “Keep Your Drive” service (“KYD Service”).

b. The following terms and conditions apply to the KYD Service (these terms and conditions hereinafter referred to as the “KYD Terms”). If a hard drive purchased from Thomas-Krenn.AG is defective but still contains data that the customer does not wish to disclose, the KYD Service allows the customer, in the event of a warranty or support claim where the defective hard drive must be replaced with a new one, to keep the defective drive.

c. Neither the customer’s statutory warranty rights as a purchaser of hardware from Thomas-Krenn.AG nor any rights the customer may have under an additional service agreement with Thomas-Krenn.AG are affected by the agreement to use the KYD Service. Furthermore, customers of Thomas-Krenn.AG are entitled to their full statutory warranty rights, even if they do not purchase the KYD Service.

d. These KYD Terms and Conditions 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 under sales law (right to replacement) with respect to the defective hardware product, under which the defective hard drive must be replaced with a new one. Under the KYD Service, the customer is not required in this case to return the defective hard drive to Thomas-Krenn.AG in accordance with Section 439(5) of the German Civil Code (BGB).

bb. Support Case

Based on a service contract agreed upon with Thomas-Krenn.AG, the customer is entitled to have a defective hard drive replaced. Under the KYD Service, the customer is not required in this case to return the defective hard drive to Thomas-Krenn.AG as stipulated in the service contract.

7.2 Requirements for the KYD Service, Term, and Fees

a. Thomas-Krenn.AG offers the KYD Service to the customer exclusively with respect to the specifically named hard drives that the customer purchased from Thomas-Krenn.AG as a standalone product or as part of another hardware product. A valid purchase agreement for such a hardware product (“Service Product”) between Thomas-Krenn.AG and the customer is therefore a prerequisite for the provision of the KYD Service.

b. If a service contract exists between the customer and Thomas-Krenn.AG, the customer may purchase the KYD Service for the Service Product for the term of the service contract for a fee. If no such service contract exists, the customer may purchase the KYD Service for the Service Product for a term of one (1) year for a fee.

c. In any case, the customer may only purchase the KYD Service in conjunction with the order for the Service Product; there is no option to purchase the KYD Service separately or retroactively.

d. Upon placement of a valid order, the customer is entitled to the KYD Service for the fixed term specified in the order, calculated from the purchase date of the corresponding service product (“Term”).

e. The amount of the fee is based on the Term. The fee agreed upon in the order fully covers the services owed by Thomas-Krenn AG with respect to the KYD Service.

f. The KYD Service ends upon expiration of the Term without requiring separate notice of termination. The term of any service contract remains unaffected by the termination of the KYD Service. Likewise, the option for 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 customer can no longer delete the data stored on the defective service product and that the customer has provided Thomas-Krenn.AG with appropriate proof thereof.

b. It is the customer’s responsibility to contact Thomas-Krenn.AG’s technical support to obtain any guidance and advice regarding remaining options for data deletion before notifying Thomas-Krenn.AG, in accordance with Section 3(b), that the data cannot be deleted.

c. The customer may provide the proof required under Section 3.a by notifying Thomas-Krenn.AG—specifying the serial number and whether the matter concerns a warranty or support case— in writing or via email to support@thomas-krenn.com, stating that the customer is unable to delete the data and further certifying that the customer has unsuccessfully attempted all methods available to them for deleting the data.

d. The customer is obligated to retain the defective hard drive in its original condition; this retention obligation ends six months after the customer’s notification to Thomas-Krenn AG pursuant to Section 3. c. Within this period, the customer is obligated, upon request by Thomas-Krenn AG, to have the defective hard drive inspected on-site by service personnel dispatched by Thomas-Krenn AG; the customer may make this inspection contingent upon the conclusion of a data processing agreement.

7.4 Unauthorized Use of the KYD Service; Return and Lump-Sum Reimbursement of Expenses

a. If, following an on-site inspection of the defective hard drive by Thomas-Krenn.AG, it turns out that the data could have been deleted contrary to the customer’s statements, and if the customer could have recognized this—possibly by seeking support from Thomas-Krenn.AG—the customer could have recognized this, the customer’s claim to the KYD Service shall lapse.

b. In this case, Thomas-Krenn.AG’s claims for return of the defective hard drive are governed by the provisions of the service contract or the statutory warranty regulations.

c. In this case, Thomas-Krenn.AG is also entitled to demand a lump-sum reimbursement of expenses in the amount of EUR 250.00 from the customer. Thomas-Krenn AG reserves the right to prove that greater damages were incurred. The customer reserves the right to prove that no damages were incurred at all or that only significantly lesser damages were incurred.

7.5 Data Backup / Customer Cooperation

a. Thomas-Krenn.AG recommends that the customer regularly back up their data. It cannot be ruled out that the customer’s use of the KYD service provided by Thomas-Krenn.AG may result in the irretrievable loss of personal data, programs, software, etc., stored on the defective service product in question. The customer is therefore responsible for backing up all of their data, programs, software, etc., on the relevant service products before using the KYD Service and for creating a backup. Thomas-Krenn.AG is generally not obligated to perform data backups. Thomas-Krenn.AG therefore assumes no liability for the loss of data, programs, or software caused by the customer’s aforementioned obligation to back up data.

b. In addition, the customer must have all data relating to the defective service product ready and must provide it. Furthermore, the customer must take all other cooperative measures required by Thomas-Krenn.AG for the proper performance of the KYD Service and that are reasonable for the customer to undertake.

7.6 Miscellaneous

a. Terms of Payment

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

b. Governing Law and Agreed Jurisdiction

The provisions regarding applicable law and venue in the General Terms and Conditions of Thomas-Krenn.AG apply accordingly.

c. Severability Clause

Should any individual provisions of these KYD Terms and Conditions be invalid, this shall not affect the validity of the remaining provisions. The invalid provision shall be replaced by mutual agreement with a legally valid provision that most closely approximates the economic intent and purpose of the invalid provision. The foregoing provision applies accordingly in the event of any omissions in these terms.

Defect-Dependent Services
The following services are contingent upon the existence of a technical problem attributable to a defect in the service product as defined in § 434 of the German Civil Code (BGB) (“defect-based services”). The customer may avail themselves of these defect-based services regardless of whether the defect already existed at the time of transfer of risk or only arises during the term of the service contract.

The customer may avail themselves of these defect-based services regardless of any warranty claims the customer may have regarding the service products. Defect-based services under these Terms of Service do not include reimbursement of the customer’s costs or expenses incurred in identifying and diagnosing a defect in a service product.

Any warranty claims under sales law to which the customer is entitled with respect to the service products remain unaffected by these Service Terms and Conditions. The customer may assert warranty claims under sales law in accordance with the General Terms and Conditions, provided that, with regard to any reimbursement of the customer’s costs or expenses incurred in identifying and diagnosing a defect in a product, the customer’s obligation to report malfunctions pursuant to Section 10(2) of the General Terms and Conditions applies.

A prerequisite for claiming defect-related services is that the customer first contacts Thomas-Krenn AG’s technical support by phone to describe the defect, and that the defect could not be successfully resolved by technical support. After the customer’s call is answered, Thomas-Krenn.AG creates a ticket and begins processing it. The ticket records, in particular, the time the call was received, its content, the steps taken, the processing status, and the person(s) handling the case. Thomas-Krenn.AG keeps the ticket up to date in accordance with the processing workflow.

The customer can avail themselves of some of the fault-related services directly on-site at the location of the service products. However, this applies only if the service product is located in one of the countries where the respective service is offered. This is determined by the information provided in the service order (“Service Location”).

(8) NBD (Next Business Day)Hardware Replacement
In the case of“NBD Hardware Replacement,” Thomas-Krenn.AG will replace the defective service product. To arrange the replacement, the customer must first report a defect in the service product to Thomas-Krenn.AG by phone or email. Upon receipt of the defect report, Thomas-Krenn.AG will ship a replacement product to the customer. Thomas-Krenn.AG is also entitled to provide the customer with a higher-quality replacement product. If Thomas-Krenn.AG receives the defect report by 12:00 p.m. on a business day, the replacement product will be shipped on the business day following the defect report. Along with the replacement product, the customer will also receive a return label for sending the defective service product back to Thomas-Krenn.AG, so that the customer incurs no shipping costs for the return. The customer is obligated to return the defective service product to Thomas-Krenn.AG one business day after receiving the replacement product. The shipment of the service product (including the replacement product to the customer) is at the customer’s risk.

(9) On-SiteService NBD (Next Business Day)
With “On-Site Service NBD,” the customer can receive technical services from Thomas-Krenn.AG directly at the service location. To do so, the customer must first report a defect in the service product to Thomas-Krenn.AG by phone or email. If Thomas-Krenn.AG receives the defect report by 12:00 p.m. on a business day, a Thomas-Krenn.AG service representative will be dispatched to the customer on the following business day to resolve the defect. This service is provided exclusively during our regular business hours from 8:00 a.m. to 5:00 p.m. If the fault report is submitted later, or on a weekend or holiday, the Thomas-Krenn.AG service representative will not visit the customer to resolve the issue until the second following business day.

(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 with the “On-Site Service NBD” (see above under Section 5 b. (2)), except that with 24/7 Service and Support, the customer has the option to receive this support within 24 hours of Thomas-Krenn.AG receiving the fault report.

(11) 24/7/4 Service andSupport
With “24/7/4 Service and Support,” customers have access to the same services provided by Thomas-Krenn.AG as with “24/7 Service and Support” (see above under Section 5 b. (3)), except that with the 24/7/4 Service and Support, Thomas-Krenn.AG will provide the services within 4 hours of receiving the customer’s error report. Under “24/7/4 Service and Support,” service for accessories such as cables, BBUs, Cache Vault modules, adapters, and/or DVD drives is excluded, unless a different agreement is reached between Thomas-Krenn.AG and the customer.

(12)On-Site andSame-Day Replacement
Under the “On-Site and Same-Day Replacement” service, Thomas-Krenn.AG will replace the defective service product with an equivalent or higher-quality replacement product directly at the service product’s location. To this end, the customer must first report a defect in the service product to Thomas-Krenn.AG by phone or email. If the defect is reported to Thomas-Krenn.AG by phone or email on a business day, Thomas-Krenn.AG will arrive at the customer’s location within 4 hours of receiving the defect report to replace the defective service product.

With the optionally bookable “Solution Support” service, Thomas-Krenn.AG offers the customer extended support for problems that are not attributable to a hardware malfunction. The service is limited to a specific product or manufacturer. This limitation is specified in the individual order. “Solution Support” includes an annual allocation of ten hours of reactive problem-solving service. Any additional hours required must be purchased at a charge. Installation and configuration services, as well as services related to the maintenance and upkeep of the system, are excluded from “Solution Support.” In order to provide the customer with the best possible support, Thomas-Krenn.AG may, in individual cases, involve manufacturers or service providers to resolve the issue. Direct contact between the Thomas-Krenn.AG customer and third parties is possible but not mandatory. By booking the service, the customer agrees that their contact information, ticket details, and system information may be shared with third parties for the purpose of handling a Solution Support case.

Specific Provisions for the “24/7 Proxmox Support” Service Package

§ 1 Scope of Services and Definitions (Guaranteed Callback)

(1) As part of the “24/7 Proxmox Support” service package, Thomas-Krenn.AG offers the customer the option to submit a trouble ticket via the Thomas-Krenn.AG.

(2) Within this service package, Thomas-Krenn.AG guarantees a maximum response time of two (2) hours for a callback from a support technician, starting from the time the ticket is properly received.

(3) The service is generally available 365 days a year, around the clock (24/7). However, the use of support services outside of regular service hours (Monday through Friday from 7:00 a.m. to 10:30 p.m.) is strictly subject to the incident levels defined in § 2.

(4) Support applies exclusively to the Proxmox VE environment provided by Thomas-Krenn AG, including the Ceph storage cluster, as well as the network infrastructure supplied by Thomas-Krenn AG and dedicated to the cluster. With regard to the network infrastructure, support services are limited strictly to restoring the underlying connectivity between the individual nodes.

(5) The following are expressly excluded from the scope of this service package:

1. The administration, troubleshooting, installation, or configuration of operating systems and applications within the virtual machines (VMs) or containers (CTs) operated by the customer.
2. Proactive monitoring of the customer’s systems, as well as the regular, routine installation of updates, upgrades, or security patches. This service package is a pure support service and expressly not a managed service (operation).
3. Performance analyses, capacity planning, and general optimization of the system environment, provided there is no acute incident as defined in § 2. Such services constitute fee-based consulting and must be agreed upon and compensated separately.

§ 2 Definition of Incident Levels (Error Classes)

To ensure efficient troubleshooting and prioritization, incidents are divided into three levels. The classification is primarily performed by the customer when creating a ticket, based on the following criteria:

1. Incident Level 3 (Non-Critical Error / Normal Operation):

• Definition: There is an issue that does not immediately jeopardize ongoing operations or the core functionality of the Proxmox environment. The overall system remains operational.
• Examples: Failure of a single hard drive (HDD/SSD) in a RAID array or Ceph cluster without data loss; cosmetic errors in the Proxmox web interface (GUI); errors during non-critical system updates.
• Service Hours: Issues are processed and follow-up calls are made exclusively during regular service hours (Monday through Friday from 7:00 a.m. to 10:30 p.m.).

2. Incident Level 2 (Critical Error / Partial System Failure):

• Definition: A portion of the Proxmox infrastructure or cluster has failed or is severely impaired in its function, significantly compromising the reliability or performance of the entire system. However, operations continue with limitations.
• Examples: Failure of a single node within a Proxmox cluster (partial cluster failure); Failure of high availability (HA) functionality; severe performance degradation in the storage network that slows down business-critical VMs.
• Service Hours: The customer has the right to report this incident at any time—including at night, on weekends, and on holidays (24/7)—and to request a prioritized callback.

3. Incident Level 1 (Total Outage / System Down):

• Definition: The entire Proxmox environment or the business-critical virtual machines (VMs) and containers (CTs) running on it are completely blocked, inaccessible, or inoperable. Productive use is impossible.
• Examples: Complete shutdown of the entire Proxmox cluster; failure of the central storage (e.g., complete Ceph or NFS failure), resulting in no VMs starting up; complete loss of network connectivity to all nodes.
• Service Hours: The customer has the right to report this incident at any time—including at night, on weekends, and on holidays (24/7)—and to request a prioritized callback.

§ 3 Escalation Levels, Troubleshooting, and Availability of External Partners

(1) The contractually agreed guarantee in § 1(2) expressly refers to the response time (callback and commencement of troubleshooting), not to a fixed period of time until the final resolution of the issue (recovery time). Since Thomas-Krenn.AG is not obligated to provide managed services or operational support, the definition of guaranteed recovery times is excluded. The obligation to perform is limited to making professional, best-effort attempts to develop a technically feasible solution for restoring operations.

(2) The technician handling the initial contact (1st Level Support) conducts a qualified initial analysis and initiates immediate containment measures. If the incident cannot be resolved at this level, it will be forwarded in a structured manner to internal Second-Level Support or Third-Level Support (which may also include external technology and development partners as well as the manufacturer).

(3) The customer acknowledges that the higher levels of escalation (in particular Second/Third Level Support and external partners) are subject to their respective availability and service hours. Therefore, we cannot guarantee seamless, immediate resolution overnight of complex software or core errors that require escalation to Second-Level Support, external partners, or the manufacturer. In such cases, Thomas-Krenn.AG undertakes to continue troubleshooting with the highest priority as soon as the respective experts are available.

(4) The customer acknowledges that specialized Proxmox experts, manufacturer support teams, and, where applicable, external technology partners are generally available only on business days from 9:00 a.m. to 4:00 p.m. Outside these hours, troubleshooting may be continued by 1st-level support, and appropriate immediate and containment measures may be initiated. However, the immediate availability of the aforementioned specialists is expressly not guaranteed.

§ 4 Software Version, System Up-to-Date Status, and SLA Suspension

(1) A prerequisite for any claim to support services is that the Proxmox environment requiring support is running a software version officially supported by the manufacturer (Proxmox Server Solutions GmbH). As soon as an installed Proxmox version reaches “End of Life” (EOL) status as determined by the manufacturer, Thomas-Krenn AG’s obligations to comply with service and response times for this system environment are suspended until a manufacturer-supported status is restored.

(2) The contractually guaranteed response times under Section 1(2) will be temporarily suspended (SLA suspension) as soon as and for as long as:

1. the customer has yet to provide necessary cooperation (e.g., the provision of log files, error descriptions, or telephone availability);
2. administrative access to the customer’s systems is not possible or is delayed for reasons attributable to the customer;
3. troubleshooting is prevented by force majeure, network outages beyond the control of Thomas-Krenn AG, or due to the fault of a third party.

§ 5 Customer Obligations, System Access, and Data Backup

(1) The customer is obligated to classify the ticket truthfully and to the best of their knowledge and belief based on the criteria in § 2. If the customer submits a ticket outside of regular service hours (at night between 10:30 p.m. and 7:00 a.m. as well as on weekends/holidays) as an Incident Level 1 or 2, even though it objectively constitutes a non-critical Incident Level 3 error according to the criteria (e.g., a simple HDD replacement with existing redundancy), Thomas-Krenn.AG reserves the right to:

1. to postpone processing the ticket until the start of the next regular service period, and
2. to bill the customer separately for the resulting overnight review and processing costs at Thomas-Krenn.AG’s applicable hourly rates.

(2) The customer shall ensure that a person authorized to provide information and possessing administrative access to the Proxmox environment is available at the phone number specified in the ticket within the two-hour callback window.

(3) The customer is obligated to immediately grant the Thomas-Krenn.AG support technician the administrative access to the systems necessary for troubleshooting (e.g., via a secure VPN connection or a remote maintenance session). The customer bears sole responsibility for providing, securing, and logging this access.

(4) Mandatory data backup requirement: The customer is obligated to perform a complete, proper, and verified data backup of all system data, configurations, and the contents of all virtual machines (VMs) and containers (CTs) prior to any operational intervention by Thomas-Krenn.AG, as well as during daily operations, to maintain a complete, proper, and verified backup of all system data, configurations, and the contents of all virtual machines (VMs) and containers (CTs).

(5) Limitation of Liability for Data Loss: In the event of damage to or loss of data, Thomas-Krenn.AG—regardless of the legal basis—shall be liable only for the costs that would have been necessary to restore the data had the customer performed proper and regular data backups. If it can be proven that the customer’s data backups were insufficient, faulty, or entirely absent, Thomas-Krenn.AG’s liability for data loss and any consequential damages is excluded, unless the damage was caused by Thomas-Krenn.AG through willful misconduct or gross negligence.

§ 6 Errors Due to Customer Negligence and Administrative Approvals

(1) If, during the initial analysis or troubleshooting, it is determined that the incident is attributable to misconfigurations by the customer, improper modifications (in violation of § 7(2)), operating errors, or other fault on the part of the customer or its agents, Thomas-Krenn.AG is entitled to bill the customer separately for the entire cost of the analysis and troubleshooting in accordance with Thomas-Krenn.AG’s currently valid hourly rates.

(2) Thomas-Krenn.AG technicians will not make any invasive, potentially data-compromising, or architectural changes to the customer’s system without the customer’s express written approval. Exceptions to this are urgent measures that cannot be postponed to avert an immediate danger or mitigate damage. The customer’s approval provided in the support ticket shall be deemed authorization for the specific technical intervention in this regard.

§ 7 Prerequisites for Support and Changes to the System Environment

(1) The basis for the provision of support services is the system environment documented and approved upon conclusion of the contract or following a jointly conducted acceptance test.

(2) After acceptance, only minor changes may be made to the supported Proxmox environment, provided that these do not have a material impact on the architecture, functionality, performance, security concept, or operational behavior of the environment.

(3) Significant changes—in particular, changes to the cluster architecture, storage configuration, network structure, high-availability (HA) configuration, third-party components used, security mechanisms, or other central system components—must be reported to Thomas-Krenn.AG prior to their implementation and may require a new technical evaluation.

(4) If significant changes are made to the system environment after acceptance without prior written approval, Thomas-Krenn AG reserves the right to restrict or suspend the services included in the service package until the modified environment has been reviewed and approved. In this case, the obligation to comply with the agreed-upon service and response times shall not apply, in particular, to the extent that the disruption is related to the changes made.

§ 8 Contract Term, Price Adjustments, and Minimum Requirements

(1) The term of the “24/7 Proxmox Support” service package is one (1) year from the start of the contract. Unless the contract is terminated by either party in accordance with the agreed-upon notice period, it shall automatically renew for an additional year.

(2) Thomas-Krenn.AG is entitled to adjust the fee for the service package for a subsequent contract term. Any price adjustments will be communicated to the customer in writing no later than three (3) months before the end of the respective contract term. If the customer does not provide timely notice of termination, the communicated prices shall be deemed accepted for the extended contract term.

(3) Use of the “24/7 Proxmox Support” service package is contingent upon the customer maintaining an active basic service package from Thomas-Krenn.AG throughout the entire contract term. Entitlement to the services applies exclusively in conjunction with a valid and active “Exclusive Package” or “Enterprise Package.” If this underlying Basic Service Package ends, is suspended, or is canceled, all services and obligations under the “24/7 Proxmox Support” service package are automatically suspended until the corresponding Basic Package is reactivated.

6. Data Backup / Custom Settings / Customer Cooperation

a. Thomas-Krenn.AG recommends that the customer regularly back up their data. When Thomas-Krenn.AG performs services, data, programs, software, etc., located on the relevant service products may be irretrievably lost. The customer is therefore responsible for backing up all of their data, programs, software, etc., on the relevant service products prior to Thomas-Krenn.AG performing service work, and for creating a backup so that a new installation can be performed after the service work is completed. Thomas-Krenn.AG notes that even within the scope of on-site services (On-Site Service NBD, 24/7/4 Service and Support, and On-Site and Same-Day Replacement), Thomas-Krenn.AG is under no obligation to perform data backups, and data may be lost as a result of the services provided by the Thomas-Krenn.AG technician. Thomas-Krenn.AG therefore assumes no liability for the loss of data, programs, or software caused by the customer’s aforementioned obligation to back up data.

b. The customer is responsible for ensuring that, when returning data storage media of any kind, the provisions of the GDPR, as currently in effect, are observed.

c. The services provided by Thomas-Krenn.AG may result in the loss of the customer’s individual settings. The restoration or reconfiguration of the customer’s individual settings is not part of the services provided. The customer must make these settings themselves.

d. Telecommunications equipment required by Thomas-Krenn.AG employees for the proper performance of the services—in particular for testing and diagnostic purposes, as well as for troubleshooting and defect rectification—must be provided by the customer at the customer’s own expense. In addition, the customer must provide all necessary information required to analyze and resolve a fault or defect. In particular, the customer must have all data relating to the service product ready and must provide it. Furthermore, the customer must take all other cooperative measures required by Thomas-Krenn.AG for the proper performance of the services and that are reasonable for the customer to undertake.

(As of: July 2026)