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Terms of Use of the Workplace Pure Platform and the Cloud Services Offered on it

Effective September 1, 2023

  1. Basic provisions
    1. These General Terms of Use (hereinafter referred to as "Terms of Use") govern the contractual relationship between the company of the Konica Minolta Group specified in the Legal Notice (hereinafter referred to as "Konica Minolta") and the customer regarding the use of the Workplace Pure platform (hereinafter referred to as the "platform") and the booking and use of the cloud services offered on it.
    2. The platform and the cloud services offered on it are only intended for use by commercial customers within Regno Unito.
  2. Use of the Workplace Pure Platform
    1. In order to use the platform and to be able to book the cloud services offered on it, the customer must first register. The data that the customer provides during the registration process must be accurate and complete, and must be kept up-to-date by the customer at all times.
    2. After it has verified the customer's registration data and a credit check has been successfully completed, Konica Minolta will set up a transaction account for the customer (hereinafter referred to as the "customer account").
    3. The customer may create multiple user accounts for its customer account. User accounts may only be set up and maintained for persons who are authorized to legally represent the customer with regard to the use of the platform and the booking use of the cloud services offered on it and who are authorized to debit the customer account.
    4. Konica Minolta is entitled to refuse to set up a customer account or to block or delete a customer or user account if
      1. the customer is a private individual;
      2. the customer's registration data are incorrect, incomplete or not up-to-date;
      3. the customer's credit rating is inadequate;
      4. the customer commits a significant breach of its contractual duties within the meaning of section 6 or - despite a warning - commits repeated breaches of its contractual duties; or
      5. a customer or user account is used in an unauthorized, illegal or otherwise abusive manner.
  3. Booking and Use of Cloud Services
    1. The cloud services offered on the platform are software products of Konica Minolta or third party service providers (hereinafter also referred to individually or collectively as the "service providers"), which the customer may access and use via the Internet ("software as a service").
    2. The function(s) and/or performance specifications of the individual cloud services are set out in the respective product descriptions.
    3. If the customer enters into a contract for the use of a cloud service via the platform, this will result in the conclusion of a contract between the customer and the relevant service provider for the provision of the relevant cloud service for a fee for the agreed term. In particular:
      1. A contract for the use of a cloud service is concluded if (1) the customer enters the necessary information and completes the respective booking or ordering process in full, thereby, at the same time, transmitting to the service provider a binding offer to conclude the respective contract and (2) the service provider accepts this offer either by stating this expressly or by tacitly providing the cloud service ordered by the customer. The issue of an acknowledgment of receipt by the service provider does not constitute acceptance of the offer.
      2. After the conclusion of the contract, the service provider will send the access data needed in order to use the respective cloud service to the customer at the address that it provided during the order process and will make the cloud service immediately available to the customer at the computer center's router output located where the cloud service's host server is operated (hereinafter referred to as the "transfer point"). In this connection, the service provider does not have a duty to establish and maintain a data connection between the customer's IT systems and the transfer point; this is the customer's responsibility.
      3. The use of a cloud service is subject to its special terms of use. To the extent that these exist, they may be found with the product description of the individual services. If there are no special terms of use or if there are omissions in them, these Terms of Use will apply additionally or alternatively.
    4. There are four different pricing and term-length models available for the booking of cloud services. Which of the models is available for a specific cloud service may be found in the respective product description.
      1. Five-year subscription (battery pack) In the case of a five-year subscription ("battery pack"), the parties conclude a contract on a specific service volume (e.g. pages, credits, documents) for a term of five years. This begins on the day on which the cloud service is made available to the customer and ends automatically at the end of the contract term. The contract cannot be terminated without cause prior to the end of its term.
      2. Annual subscription In the case of an annual subscription, the parties conclude a contract on a specific service volume (e.g. pages, credits, documents) for a term of one year. This begins on the day on which the cloud service is made available to the customer and ends automatically at the end of the contract term. The contract cannot be terminated without cause prior to the end of its term.
      3. Monthly subscription In the case of a monthly subscription, the parties conclude a contract on a specific service volume (e.g. pages, credits, documents) for a term of one month. This begins on the day on which the cloud service is made available to the customer. The contract term is automatically extended by a further month at a time unless the customer has previously canceled the subscription by giving 14 days' notice.
      4. Pay-per-use In the case of the pay-per-use model, the parties conclude a contract on an unspecified service volume (e.g. pages, credits, documents) for a term of one month. This begins on the day on which the cloud service is made available to the customer. The contract term is automatically extended by a further month at a time unless the customer has previously canceled the subscription by giving 14 days' notice.

      If the customer exceeds its subscribed usage quota, it may add another subscription to continue using the cloud service. In the case of page-, credit- or document-related cloud services and subscription models, it is possible even if the usage quota has been exceeded to continue using the service without adding another subscription (information on this is provided in the respective product description). In this case, payment for additional use is made on a pay-per-use basis.

      If multiple subscriptions exist concurrently for a cloud service (e.g. a one-year subscription and a Battery Pack), the usage allocation shall used up based on the remaining term, i.e. the next subscription to expire shall be used up. As an exception, Pay-per-use will always be the last subscription in being used.

    5. The service provider may terminate a contract for the use of a cloud service without notice if the customer commits a significant breach of its contractual duties and obligations within the meaning of section 6 or - despite a warning - commits repeated breaches of its contractual duties and obligations.
  4. Granting of Rights
    1. Pursuant to the contract for the use of a cloud service, the respective service provider grants the customer a non-exclusive and non-assignable right to access the respective software via the Internet and to use it for its own business purposes in the course of carrying out its commercial or independent professional activity for the duration of the contract. Since the software is not provided as source or object code, but rather "as a service", the customer is not granted any rights to the use or exploitation of the software under copyright law with the exception of the right to load the software into the main memory of a computer for the purpose of using it in accordance with its intended use.
    2. To the extent that this is necessary for the provision of the services called for under the contract, the customer grants the service provider, for the purposes of carrying out the contract, the right to process, and if necessary, to store and/or to reproduce any data transmitted while the customer is using the cloud service.
  5. Service and Support
    1. Konica Minolta provides free remote support to assist customers in using the platform and the cloud services offered on it. The support does not include: general transfers of know-how, training, configuration and implementation, customer-specific documentation or customization of cloud services. Remote support can be contacted by sending an email to remotesuppport@konicaminolta.co.uk. Customer support is available during normal business hours from Monday to Friday (excluding public holidays).
    2. The cloud services offered on the platform are subject of ongoing changes and further development (e.g. through updates and upgrades or the use of newer or different technologies, systems, procedures or standards). Konica Minolta will give the customer timely notice of any significant changes to services. If the changes would significantly and adversely affect the customer, it will be entitled to terminate the contract for cause effective as of the date of the changes. The customer must give such notice within two weeks of receipt of the notification of the change in services.
    3. At the computer center's router output located where the cloud service is operated, the network's average annual availability is at least 98%. Downtime is calculated in complete minutes and is calculated from the sum of the fault clearance times per year. This does not include periods of time which are necessary as "maintenance windows" for optimizing and increasing performance or for clearing faults for which the respective service provider is not responsible.
  6. Customer Duties and Obligations
    1. The customer and/or its authorized users are subject to the following obligations in connection with the use of the platform and the cloud services offered on it:
      1. The access data for the use of the platform and the cloud services booked must be stored securely and protected from access by unauthorized third parties.
      2. The customer must report any unauthorized use of access data to Konica Minolta immediately. The same applies to any risks of abuse and any threats to data security or to the integrity of the platform and the cloud services offered on it.
      3. The customer is not permitted to make a cloud service available to any third party, for a fee or free of charge, unless such party is a vicarious agent of the customer.
      4. The customer is not permitted to permanently store, reproduce, decompile, disassemble or in any other way reverse engineer the software (in whole or in part) that was provided as a cloud service. Furthermore, the customer is not permitted to use the software or parts of it for the purposes of creating a separate application.
      5. The customer must make backups of all data used for the cloud service or which are transmitted to the respective service provider. Prior to entering or transmitting data, the data must be checked for viruses or other harmful components. State-of-the-art antivirus software must be used for this purpose.
      6. Cloud services may only be used in accordance with these Terms of Use and in accordance with the statutory provisions. This means that, among other things, the following are prohibited: transmission, processing, storage and distribution of illegal or immoral, sexually offensive, violent or insulting content.
    2. The customer agrees to indemnify the service provider against any claims by a third party against it that arise due to the customer's own violation of rights in connection with the use of the cloud service or that arise due to a third party's violation of rights in connection with the use of the cloud service, where the customer has approved the violation. If the customer recognizes or should recognize that a violation of rights is likely, he must inform the service provider immediately.
  7. Remuneration
    1. The amount, duration and due date of the remuneration for the use of a cloud service are set out in the respective product description. Unless otherwise specified therein, the prices for cloud services are the monthly recurring prices for such services. The respective service provider will invoice the amounts in advance at the beginning of each month or at the beginning of the contract, and payment in the full amount will be due immediately.
    2. The service provider may use electronic invoicing. Electronic invoices will be sent as pdf files to the e-mail address that the customer provided when registering its account or they will be made available to the customer online on the platform.
    3. If the customer does not pay the remuneration owed or does not pay it on time or completely, Konica Minolta or the respective service provider will be entitled to block access to the platform as well as to the use of the cloud services booked by the customer until all payments due have been received.
  8. Liability
    1. Where, as a result of using the platform or a cloud service offered on it, the customer incurs loss or damage, the relevant service provider will be subject to unlimited liability if this is mandatory under the applicable law. In all other cases, liability will be limited to damages for the foreseeable and usual loss or damage arising from the use of the cloud services in accordance with the contract. Such liability will be up to the amount of the remuneration agreed for the current term of the contract for the provision of the cloud service.
    2. All liability for lack of economic success, lost profit or for indirect or consequential damages is excluded.
    3. The limitations and exclusions of liability provided for in sections 8.1 and 8.2 apply accordingly for the benefit of the employees, agents and vicarious agents of Konica Minolta or the service provider concerned.
  9. Data Protection
    1. Insofar as the provider of a cloud service is able as part of its service to access the customer's personal data, it does so in its capacity as a processor. As a processor, it will only process the data for the purposes of performing the contract.
      In relation to data processing, the parties' further rights and obligations under data protection law are set out in the "General Conditions for Data Processing", which can be viewed here.
    2. The customer will remain responsible for data processing both vis-á-vis the data processor and under data protection law in general. This means: If the customer processes personal data with the help of the cloud service, it will be responsible for ensuring that it is entitled to do so under the applicable data protection provisions and, in the event of a breach, it will indemnify the service provider against any claims by third parties.
  10. Final Provisions
    1. The use of the platform and the cloud services offered on it as well as the relevant Terms of Use are governed by English law, excluding its conflict of laws rules and the UN Convention on Contracts for the International Sale of Goods.
    2. The courts of Inghilterra e Galles will have exclusive jurisdiction over all disputes arising in connection with the use of the platform or the cloud services offered on it.