Supplementary Terms and Conditions for 365 Total Protection

These Special Terms and Conditions form part of the General Terms and Conditions of alkima and apply exclusively to the "365 Total Protection" service.

Insofar as these Special Terms and Conditions do not provide for any deviating rules, the General Terms and Conditions of alkima shall continue to apply without restriction.

In the event of any conflict, these Special Terms and Conditions shall take precedence over the General Terms and Conditions for the "365 Total Protection" service area.

The terms "Client" and "Contractor" correspond to the definitions in the General Terms and Conditions.

1. Subject Matter of the Contract

   1. alkima provides the Client with the "365 Total Protection" service. The scope of services results from the respective offer as well as the service description valid at the time the contract is concluded.

   2. alkima is entitled to technically develop or adapt the scope of services, provided that the contractually owed scope of services as a whole is not materially restricted as a result. There is no entitlement to specific technical implementations or individual functions, provided that the agreed overall service continues to be provided.

2. Licensing

   1. The service is provided exclusively for the Client's entire email system.

   2. Licensing of individual users, mailboxes or organizational units within the same email system is excluded.

   3. The Client undertakes to equip all license-relevant user mailboxes existing in the respective email system with the service.

   4. The actual number of license-relevant user mailboxes existing in the Client's email system is decisive for the calculation.

   5. If further license-relevant user mailboxes are set up or reactivated during the contract term, the scope of services is automatically extended to cover these. These are deemed part of the contract from the time of their setup and are remunerated accordingly.

3. Limitations of the Service

   1. The service is based on the respective state of the art.

   2. Complete protection against all known or future threats, malware or attack methods cannot be guaranteed.

   3. Likewise, despite careful filtering mechanisms, it cannot be ruled out that legitimate emails are classified as unwanted or that unwanted messages are delivered.

   4. alkima is not liable for limitations or changes in functionality that result from changes or restrictions to the email systems, interfaces, protocols or other third-party providers used.

   5. Insofar as individual functions are wholly or partially discontinued or restricted as a result, this does not constitute a defect in the contractually owed service, provided alkima has no influence over this.

4. Availability

   1. alkima endeavours to provide the "365 Total Protection" service with an availability of 99% per calendar year.

   2. Excluded from this are, in particular, planned maintenance work, necessary unscheduled maintenance work, faults or restrictions of third-party providers or external technical infrastructures, cases of force majeure, as well as periods of unavailability attributable to a lack of, or defective, cooperation on the part of the Client.

5. Termination of Contract

   1. Provision of the service ends upon termination of the contract.

   2. The Client has the option of exporting existing data within 30 calendar days of contract termination, insofar as this is technically possible.

   3. After this period has expired, alkima is entitled to irrevocably delete all data stored in connection with the service, provided no statutory retention obligations preclude this.

6. Subcontractors

   1. alkima is entitled to engage suitable subcontractors to provide the contractual services.

   2. Insofar as personal data is processed in this context, the subcontractors engaged are set out in the respective applicable data processing agreement.