The following participation services are major obligations (“Hauptleistungspflichten”) of the customer and are not only to be classified as secondary obligations or duties (“Nebenpflichten oder Obliegenheiten”).
During the trial period according to sections 2.1 and 2.2, the customer is obliged to review the functionalities and the general condition of the software and to notify HRForecast about possible defects and other deviations from the requirements before concluding a fee-based contract for the use of the software. The customer cannot invoke defects and other deviations from the requirements, which were already known or present during the trial period, but were not reported before the conclusion of a fee-based contract for the use of the software.
The customer shall support HRForecast in the fulfillment of the services contractually owed by HRForecast to the extent necessary. For this purpose, the customer shall provide information, data and other material necessary for HRForecast to perform the agreed services in a timely manner. Any deadlines at the expense of HRForecast shall only begin to run when the customer has fulfilled his obligations.
The customer is obliged to provide a qualified contact person together with a deputy, who is entitled to make all necessary decisions, that are required for the contractually agreed performance of services or to immediately bring about such decisions without undue delay (“unverzüglich”). The customer is obliged to inform about any changes of the contact person (including deputy) without undue delay (“unverzüglich”).
The customer is solely responsible for the content and data processed within the software. The customer hereby undertakes to use HRForecast’s software only in accordance with the contract and within the framework of the applicable statutory provisions and not to infringe any rights of third parties during use. The customer will inform HRForecast immediately and without undue delay (“unverzüglich”), preferably in writing, about: (i) the misuse or suspicion of misuse of the contractually agreed service; (ii) a danger or suspicion of a danger for the compliance of data protection or data security which occurs within the scope of the provision of the contractually agreed service; (iii) a danger or suspicion of a danger for the service provided by HRForecast (e. g. by loss of login details or hacker attack).
The customer is obliged to ensure the technical requirements himself.
The connection to the Internet in adequate bandwidth and latency is the customer’s responsibility.
The customer is responsible for taking state-of-the-art IT security measures within his own organization and for his employees. This includes, inter alia but is not limited to, the installation and regular updating of common antivirus software on the laptops, computers or other mobile devices of the customer’s employees, ensuring the assignment and regular updating of secure passwords in accordance with “BSI IT Grundschutz” or other equivalent, recognised security standards for the HRForecast account as well as for laptops, computers or other mobile devices of the employees or the use of appropriate mechanisms such as two-factor authentication, automatic inactivity blocking, firewall, etc.
The customer is further obliged to ensure the confidentiality of the identification and authentication data assigned to his users, which also means, for instance, taking care of an organizational and possibly technical prohibition of the disclosure of passwords and prohibition of the use of so-called “shared accounts”. The prohibition of the use of “shared accounts” refers to the HRForecast account.
Furthermore, the customer must ensure the security of the internet connection used, in particular the use of company-owned instead of public Virtual Private Networks (VPN) as well as the use of VPN connections in public networks.
The customer is responsible for the professional setup and administration of the account. This applies regardless of whether HRForecast supports the customer setting up the account in whatever form. In Particular, this includes: (i) the professional setup of the account, in particular the migration of data, configuration of processes and products; (ii) the technical connection of interfaces on the part of the Customer depending on the specification for incoming and outgoing data; (iii) the administration of the account, in particular the creation of users and roles and the assignment of access to the account.
The customer is obliged to inform HRForecast in text form about occurring service disruptions (defects in the services, lack of availability) without undue delay (“unverzüglich”) and to transmit comprehensible information about occuring service disruptions. In case of occuring service disruptions the customer will support HRForecast to a reasonable extent in the identification and correction of errors. HRForecast is entitled to show temporary error-avoiding-possibilities to the customer and to eliminate the actual cause later by adaptation of the HRForecast software, provided that this is reasonable for the customer.