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IQ-ube is a process tool that controls, monitors and simplifies theentire service provision process. The IQ-ube’s ensures the comprehensivecoverage of the entire process chain and seamless interface between partnercompanies and Alpiq E-Mobility AG is comprehensively covered through its highdegree of modularity. In addition to managing all appointments, the IQ-ube alsomeasures customer satisfaction whilst minimising the expense to partnercompanies and to Alpiq E-Mobility AG (hereinafter: Alpiq).
The aim of the IQ-ube is to keep the design of the entire serviceprovision process and the associated interfaces as simple as possible so thatall of the parties involved can verify the current status at any time. TheIQ-ube also covers the malfunction process in addition to consultation,installation and delivery processes and also functions as a hub.
The following stipulations apply between the parties in descendingpriority:
a) Individual IQ-ube agreements
b) General IQ-ube agreements concluded between Alpiq and the partnercompany
d) The general terms and conditions of the AIT Group
New customer orders are opened and logged under this item by the partnercompany or, where indicated, by Alpiq.
An application consists of process sub-steps, information and documentsthat together make up a comprehensive service process. The applications areavailable to users to enable them to establish business contacts with Alpiq andthe customers. Each application will be tailored to suit the partner company’srequirements in accordance with the individual IQ-ube contract.
The term computer refers to any end device (in particular desktop PCs,notebooks, netbooks, smartphones, tablet PCs and other mobile end devices) thatare used by the partner company and Alpiq to exchange information via IQ-ube.
Either the partner company or Alpiq upon receipt of a communication fromthe other party.
The entirety of technical equipment and means, in particular hardware andsoftware, used by the partner company and Alpiq to exchange messages andinformation via IQ-ube.
Account information refers to, for instance, user name, password andaccess rights that authorised users need to access IQ-ube.
Any communication between the partner company and Alpiq will take placewithin IQ-ube; the exchange of data in the form of an electronic exchange ofinformation (e.g. via email) sent to the recipient’s communication facility maytake place under exceptional circumstances.
Users are the partner company’s employees, vicarious agents or appointedthird parties who use IQ-ube for or on behalf of the partner company.
IQ-ube may be used for the following purposes:
- For processing the dossiers opened by the partner company and by Alpiq.
- For the placement of hardware orders between the partner company andAlpiq or other partner companies in relation to Alpiq’s business activities.
The scope of authorisation assigned to the partner company or other usersduring the act of accessing IQ-ube depends on the specific usage rightsallocated to the partner company or users by Alpiq. Rights can be assigned byway of individual authorisation, the allocation of specific rights or theprovision of applications. Alpiq is entitled to withdraw individual accessrights at any time under observation of a notification period of one week and,in the event of an important occurrence (e.g. technical problems), withoutadherence to the notification period.
The applicable usage information made accessible to the partner companyapplies to every use.
Withdrawal of usage rights
- If the use of IQ-ube is based on a contractual agreement then thestipulations agreed to in the contract apply.
- Alpiq is entitled to withdraw the usage rights of specific users underobservation of a notification period of two weeks.
- A complete withdrawal of the partner company‘s usage rights will beeffective per end of any month under observation of a notification period ofone month.
Usage rights can be partially or completely withdrawn and access blockedwith immediate effect for good reason (e.g. violation of data protectionregulations, disclosure of information to persons not involved in the process,disclosure of a personal login, etc.).
The information stored in the process tool (email, telephone, mobiletelephone, postal address) is used for communicating within IQ-ube. The primarychannel of communication is determined by the partner company. Communicationwithin IQ-ube is encrypted. Email correspondence with users involved in theprocess that takes place outside of IQ-ube is not encrypted. The partnercompany and Alpiq undertake to process incoming messages without delay unlessthey are subject to other processing deadlines.
All communication within IQ-ube, including the approval of users, takesplace electronically. Applications to connect a user are submitted electronically(e.g. by email) or orally with a subsequent written confirmation (e.g. bytelephone and confirmation by email). Unless determined otherwise in individualor general IQ-ube agreements, communications sent by the partner company orAlpiq shall only represent legally binding declarations of intent if they arein the form of a legally signed pdf document stored within IQ-ube orsubsequently confirmed by way of a signed letter or fax. This provision shallnot apply if the partner company is expressly informed by Alpiq – either insideor outside the scope of IQ-ube usage – that its communication and/or acommunication from Alpiq represents a legally binding declaration of intent.This applies in particular in relation to agreements concerning the price ofhardware and to so-called online negotiations. A communication is deemed asdelivered when it reaches the recipient in the IQ-ube system. A communicationis deemed as received when it reaches the first technical component of therecipient’s communication system. A communication is deemed as received if thesender demonstrates proper dispatch of the message, unless the recipient canprove that the message was not received.
Alpiq shall enable the partner company to access IQ-ube in accordancewith the provisions in hand. IQ-ube is made available to the partner company inits current state. Alpiq is not obligated to make any changes or improvements.In particular, Alpiq is not obligated to establish compatibility between IQ-ubeor parts thereof with computers that do not meet the system’s technicalprerequisites. Alpiq is, however, entitled to change, improve or discontinue IQ-ubeapplications in part or in whole that are used by the partner company free ofcharge. With regard to contractually agreed usage, Alpiq shall be obligated toprovide the applications in accordance with the terms of the individual orgeneral IQ-ube contract. This applies in particular with regard to access timesand average accessibility during operating hours over the course of a year.
Service interruptions for maintenance work and modifications toapplications are permissible and will be carried out during times of low demandwhenever possible where usage is contractually agreed. Alpiq will alwayscommunicate upcoming maintenance work to the partner company as soon as thetime and extent of the work has been established.
Alpiq is obligated to communicate scheduled changes with a significantimpact on the contractually agreed usage by the partner company at least 7working days in advance.
The partner company is obligated to establish and maintain at its ownexpense the technical conditions required to enable the use of IQ-ube. Thetechnical conditions are defined in the attachment to this contract. Onlyqualified employees and appointed agents of the partner company with direct andauthoritative responsibility for implementation may be registered as systemusers. The general knowledge and skills of authorised users for whom thepartner company is responsible shall be kept continuously up to date by way oftraining events.
The use of IQ-ube occurs at the expense of the partner company. This alsoapplies to the IT infrastructure that the partner company needs to set up orprovide.
The partner company undertakes not to store or make accessible anylegally prohibited content in IQ-ube or to use IQ-ube for the transmission ofsuch content. The partner company bears the sole responsibility for the contentit stores in or makes accessible via IQ-ube. Alpiq is not obligated to checkthe content. Alpiq expressly disassociates itself from content made availableto third parties. The partner company shall hold Alpiq harmless from any claimsraised by third parties, including the cost of legal defence or legal action,on account of such content. In the event of complaints lodged by third parties,Alpiq shall be entitled to block the relevant content until the matter isclarified. In the event the partner company wishes to report content thatviolates its rights or the rights of users in its domain, it may report the“violation” to Alpiq in writing at any time.
In the event user profile pages are created in IQ-ube, the partnercompany must ensure that user data
- Is truthful
- The stored image exclusively shows the user whose profile it is linkedto
- The partner company as the necessary rights to post the details andimages and to grant usage rights in accordance with Clause IV and
- Posting and using the content does not violate any personal rights.
The partner company grants Alpiq a simple and in terms of time and placeunlimited right to use any images posted in IQ-ube in connection with thedepiction of the user in the user profile that is visible to other users.
The partner company shall not use IQ-ube for purposes that may result inthe applications causing significant economic damage. Any use by the partnercompany extending beyond the boundaries described in the preceding requires theexpress written consent of Alpiq. In particular, such usage can be madedependent on adequate insurance coverage.
Access rights administrated by the partner company may only be assignedfor the applications required by the user within the scope of his tasks andduties. The system administrator must immediately deactivate the accounts ofusers who no longer hold positions that require access to IQ-ube.
The computers used to access IQ-ube must be equipped with anti-virussoftware with the latest virus definitions insofar as the technology isavailable on the market. It is prohibited to access IQ-ube using computers withfirmware or operating systems that have been modified to the extent that usagerestrictions imposed by the manufacturer have been removed for reasons otherthan a firmware or operating system update released by the device manufacturer(in particular with regard to so-called jail-breaking or rooting).
The connection to the Internet must be protected by an up to datefirewall. IQ-ube may only be used by partner company users to whom Alpiq hasassigned personal user accounts. The partner company shall ensure that onlythose users in its domain who have been allocated a user account by Alpiq areable to access the IQ-ube system. The joint use of an account by multiple usersis prohibited.
All users sharing a computer must have their own personal IQ-ube login.
IQ-ube account information is confidential and must be kept secret. It isprohibited to file account and login information in unprotected and publiclyaccessible locations. Users are not allowed to use their browser’s “Savepassword” function. It is prohibited to keep notes of user names and passwordsin the same place as the computer, especially in the form of notes stuck to thecomputer or monitor. Users who leave their PC workplace or allow another personto use a shared computer – even for a brief period of time – must first lockthe computer or disconnect from the IQ-ube system.
The partner company must change access data immediately if it suspects anunauthorised person has obtained IQ-ube account information (passwords, usernames). Alpiq is entitled to block the partner company’s access to IQ-ube inpart or in whole until the access data has been changed or adapted.
Each party is obligated to comply with data protection regulations.Partner companies consent to Alpiq storing, processing and using all datarelating to them and stored by Alpiq in IQ-ube within the scope of businesscontacts and contract fulfilment. Alpiq shall use person-related data collectedwithin the scope of IQ-ube operation exclusively for the purposes defined inthis contract.
The partner company undertakes to treat all technical and commercialinformation, including drawings, patterns, films, digital memory or similar,made accessible to it by Alpiq or which it otherwise becomes aware of duringthe use of IQ-ube as strictly confidential and secret and not to make itdirectly or indirectly accessible to third parties without Alpiq’s priorwritten consent. This provision also applies to third parties providingdevelopment services to the partner company. It also applies to companiesaffiliated with the partner company.
The preceding confidentiality obligations do not apply to informationthat demonstrably:
(i) Was already publicly known at the time of its communication,
(ii) Became publicly known through no fault of the partner company afterit was communicated, or
(iii) Was made accessible to the partner company by a third party in alegally compliant manner and with no restrictions with regard to secrecy oruse.
Alpiq does not grant the partner company any ownership, licensing,reverse engineering, utilisation or other rights on the basis of the precedingconfidentiality obligations or information made accessible to the partnercompany.
The preceding confidentiality obligations shall become null and void onexpiry of the fifth (5th) year after cancellation of the individual or generalagreement on IQ-ube usage.
Liability limitation based on reason:
The partner company can only raise a claim for damages or forreimbursement of expenses incurred in vain if
- Alpiq is responsible for damages resulting from an injury to life, limbor health at the least on account of a negligent breach of its duties
- It is responsible for other damages due to grossly negligent breachesof its duties or at least a negligent breach of major contractual duties(cardinal obligations)
- The damages occur in an area protected by guarantee or warranty.
Liability limitation based on amount:
Alpiq’s liability for simple negligence or the grossly negligentbehaviour of vicarious agents who are not legal representatives or companyexecutives (ordinary vicarious agents) is limited to the damage typically to beexpected on conclusion of the contract and, in the event of claims forreimbursement of expenses incurred in vain, to the extent of ordinary contractperformance and a maximum amount of CHF 25,000.
These liability limitations also apply to claims raised by the partnercompany on account of obligations arising from the commencement of contractualnegotiations, the initiation of a contractual agreement or similar businesscontacts. In the event an IQ-ube contract is concluded between Alpiq and thepartner company, the latter herewith waives all claims that exceed the extentof liability defined in this clause. This clause also applies to tortiousclaims raised by the partner company.
All claims of the partner company arising from devolved rights thatexceed the extent of liability defined in this clause are excluded.
The duration of the contract on the use of the IQ-ube system is definedin an individual or general agreement. The usage agreement is deemed asopen-ended unless a period of validity is specified in the individual orgeneral contract.
The cancellation period is defined in the individual or general contract.If the individual or generalcontract does not specify a cancellation period then the usage agreement forthe IQ-ube system can be cancelled ordinarily under observation of acancellation period of one month.
The contract in hand is subject exclusively to Swiss law. The provisionsof the “Vienna Purchasing Convention” (CISG) and the rules on the conflict oflaw as defined by the federal act on international private law are expresslyexcluded. The place of jurisdiction agreed to by the parties is the place whereAlpiq E-Mobility AG has its registered business premises. An official dispute settlement procedure isnot provided for.
Technical requirements for using the IQ-ube system
The following technical conditions for using the IQ-ube system should befulfilled:
- Commercially available standard PC with an Internet connection
- Mobile device with an Internet connection
- An Internet bandwidth of at least 512 Kbit/s is required for the IQ-ube(this recommendation may depend on the specific bandwidth requirements ofintegrated IQ-ube applications).
- 1 Mbit or more (depending on the number of IQ-ube users) arerecommended if the connection is subject to additional data traffic.
- The browser to be used and its supported version(s) are alwaysdetermined by Alpiq’s current Web Reference Model; the main browsers are GoogleChrome, Mozilla Firefox, Internet Explorer 8.0 or higher, Opera and Safari.
- Regulations and IT security directives must be adhered to
- The browser must accept encrypted SSL connections and permanentcookies; the standard data protection setting must be set to “medium”. Theunrestricted use of certain applications may require plug-ins or specificbrowser settings that are independent of IQ-ube requirements.