By clicking “Accept”, the Customer agrees to the following terms and conditions (“Terms”) governing the purchase of this Professional Service:
1. Service Overview
- The purpose of this Open-E Professional Service (“Service”) is to provide expert evaluation, consultation, and guidance on the Customer’s Open-E JovianDSS storage environment or related infrastructure. The specific focus of each engagement may vary depending on the service requested.
2. Scope of Work
- This Service is designed to support the Customer with professional expertise and recommendations tailored to their environment.
- The exact deliverables, methodologies, and scope of analysis will be defined based on the service selected and may include assessments, consultations, performance optimizations, and best practice recommendations.
- Any services beyond the agreed-upon scope will require a separate engagement.
3. Customer Responsibilities
- The Customer agrees to provide the necessary information, system access (where applicable), and cooperation required for Open-E to perform the Service effectively.
- Failure to meet these responsibilities may result in delays or incomplete results, for which Open-E shall not be liable.
4. Data Handling and Security
- Open-E will collect and analyze only metadata, log files, and system configuration information required to perform the Service and will not otherwise have access to confidential or proprietary data.
- No personal or customer business data will be accessed or processed.
- All collected Service-related data will be treated as confidential and used solely for the purposes of the Service and for improving Open-E’s support, products and services.
- Open-E may retain collected Service-related data beyond 30 days, including logs and system configuration information linked to the Customer and the specific product for potential future support cases specific to the Customer.
5. Disclaimers and Limitation of Liability
- The Service is provided "as is" with no guarantee of specific outcomes or performance improvements.
- Recommendations are based on the information provided by the Customer and the conditions observed during the Service.
- Open-E shall not be liable for indirect, incidental, or consequential damages, including data loss or business interruption.
- Open-E’s total liability is limited to the amount the Customer paid for the Service.
6. Confidentiality
- Both parties agree to treat all information exchanged during the Service as confidential for three (3) years and to use it solely for the purposes of the Service.
7. Completion of Service
- Upon completion of the Service, the engagement between the parties is considered fully concluded, and no further obligations or ongoing services will be provided.
- Open-E is responsible only for the services rendered up to the completion date, and any additional services will require a separate order.
8. Termination
- Either party may terminate in case of a material breach, mutual agreement, or force majeure.
- Fees for services rendered up to termination must still be paid.
9. Governing Law and Dispute Resolution
- These Terms shall be governed by and construed in accordance with the laws of either Germany or the United States, at the sole discretion of Open-E.
- Any disputes arising under these Terms shall be resolved in the courts of Munich, Germany, or in a jurisdiction selected by Open-E if U.S. law is applied, subject to modification as necessary for compliance with regional legal requirements.
By clicking "Accept," you confirm that you have read, understood, and agree to these Terms.