As of March 2022
Supplement to our General Terms and Conditions (GTC), see texts “HPTF AV”.
Confidentiality: The contents of this document are the property of HighPots GmbH. It may not be duplicated, disclosed to third parties, or otherwise published, either in whole or in part, without the written permission of HighPots GmbH or its subsidiaries, branches, or shareholders.
Constructive cooperation between all parties involved is essential for successful collaboration and for projects to run smoothly and be completed successfully. HighPots GmbH assumes that the client will provide the following contributions:
a)
The appointment of a central contact person with decision-making authority for HighPots, who is available throughout the entire project period (but not exclusively). He/she serves HighPots, i.e. the HighPots project manager, as the primary contact person for all project-related issues and is responsible for the timely clarification of questions and the coordination of appointments and consultations. In addition, the client’s contact person is responsible for organizing technical and operational acceptance procedures.
b)
The obligation to provide all information and infrastructure services necessary for the successful implementation of the project in a timely manner and to the extent required.
c)
Any open issues and questions regarding the project will be clarified by the client’s contact person within five working days. The client’s project staff have sufficient decision-making authority to clarify detailed questions.
d)
Support from employees and/or contact persons from the specialist departments for clarifying and processing technical and organizational issues, further coordination of content, quality assurance, and testing and acceptance to the extent necessary, who are to be released from day-to-day business for the required periods of time.
e)
If necessary and agreed upon, the provision of project offices with the necessary equipment for HighPots during the project period. The required equipment (workstations, printers, system access, etc.) will be jointly specified at the start of the project. All HighPots employees have their own work laptops, smartphones, and tablets; if necessary (e.g., for security reasons), the client will provide its own computers.
f)
If necessary, the client shall provide (Internet, system, and server) access and, if necessary, ensure that the computers are integrated into its communication environment. The provisions must be made within a reasonable period of time so that project delays can be avoided.
g)
At the time of writing this document, HighPots is not aware of the license agreements between the client and the various manufacturers of the software applications used by the client. HighPots is also not currently aware of the server and client applications used by the client. In the event that, in the course of this project, it becomes apparent that HighPots must access an application with alleged licensing or usage restrictions in order to obtain information and data for the purpose of completing the project, HighPots will inform the client in advance of the necessary access. The client can thus review all technical and licensing issues prior to HighPots accessing the application.
h)
If HighPots employees require access to the client’s software in order to perform their tasks, the client shall grant HighPots a non-exclusive right to use this software. This right of use applies only to use within the scope of service provision and entitles HighPots to reproduce, edit, and combine the software with other material.
i)
Coordination with parallel projects at the client must be coordinated in such a way that there are no scheduling conflicts with the project plan. The timely involvement and obtaining of approval from its committees (e.g., co-determination committees), if this is necessary for the scheduled provision of services.
j)
Ensuring that no personal or other sensitive data belonging to the client or its employees, customers, and business partners is transferred to HighPots or its employees for processing if no agreement on commissioned data processing has been concluded with HighPots in this regard.
k)
Review and approval of concepts and proposed solutions presented to him by HighPots within the scope of the project within a reasonable time frame in accordance with the schedule.
l)
Supporting the functional tests carried out by HighPots developers by providing sufficient technical test data and test cases in a timely manner.
m)
Participation in the creation of a test concept and assistance in conducting integration and acceptance tests.
n)
Provision of the infrastructure (hardware and software environment) required by HighPots for the duration of the project. In particular, workstations, computers, printers, and system access.
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During the course of the project, the client and contractor may jointly agree on further contributions.
The client’s contributions to HighPots within the scope of successful project management are provided free of charge.
Delays attributable to incomplete information, inadequate or untimely fulfillment of obligations (services or cooperation) on the part of the client, or missing or limited functionality of software components and software products used in accordance with the manufacturer’s specifications may result in additional expenses and postponements. Any costs and expenses incurred as a result shall be borne by the client.
Both parties shall reimburse each other for any additional expenses incurred as a result of non-fulfillment or poor fulfillment of the agreed obligations to cooperate.