Terms & Conditions

General Terms & Conditions for service and maintenance

General terms and conditions of grommunio GmbH, Donau-City-Str. 7, 1220 Vienna, Austria for Software and Maintenance Services.

Applicable to the products, support and services of grommunio GmbH.

1. Definitions

grommunio: The company grommunio GmbH

grommunio Basic: The software developed by grommunio GmbH with the included “Basic” support subscription package.

grommunio Plus: The software developed by grommunio GmbH with the included “Plus” support subscription package.

grommunio Business: The software developed by grommunio GmbH with the included “Business” support subscription package.

grommunio Enterprise: The software developed by grommunio GmbH with the included “Enterprise” support subscription package.

Training: Training is the measure that enables users of grommunio software to optimally use and operate the software.

Software: The grommunio products subscribed to by the customer at grommunio.

Support: Support is understood to mean that help (depending on the support package) on the phone, by e-mail or via remote maintenance that enables the customer to resolve a current problem and continue working.

Support services: grommunio services commissioned individually from grommunio for support.

Maintenance: Maintenance is the contractually agreed programming services offered by grommunio, which are the prerequisite for updating the software to comply with legal and software-technical innovations.

2. Validity and subject matter of the contract

2.1 All offers from communio are generally non-binding and must be signed by the customer. The contract for the provision of service and maintenance is deemed to have been concluded when grommunio has sent the customer a written order confirmation for the signed offer. Conditions of the offer changed by the customer do not become part of the contract unless these are expressly confirmed by grommunio in the order confirmation or otherwise in writing. Purchasing conditions of the customer are generally not accepted by grommunio and only apply if grommunio expressly confirms their validity in writing in advance. Changes to contracts, cancellations and other agreements also require express written confirmation from grommunio in order to be effective.

2.2 The services agreed with the customer result from the offer, which specifies the respective service category or the other software support services. The service categories grommunio Basic, grommunio Plus, grommunio Business and grommunio Enterprise are finally described in Appendix number 1 to these T&C. Other Software Support Services are defined according to individual orders by the Customer.

2.3 To clarify, it is stated that all services refer to a unit of the software package developed by grommunio and used by the customer on the system installed at the customer.

2.4 The contracting parties agree that services which are not explicitly mentioned in the Annex number 1 in the respective service category are not included in the subject matter of the contract and are therefore not owed. For the avoidance of doubt it is stated that in particular the following services are not included in any of the service categories:

  • Conversion of the software to another hardware system*
  • Creation of individual programs*
  • Training on the phone and remote maintenance*
  • Extension of the software according to the special wishes and requirements of the customer*
  • Support and information on software and hardware not licensed by grommunio *
  • Removal of malfunctions and damage caused by improper handling on the part of the customer, in particular by unauthorized modifications to the software, by the actions of third parties or by force majeure*
  • Elimination of malfunctions and damage caused by environmental conditions at the location of the customer’s hardware, by faults or non-performance of the power supply, by faulty hardware or other influences for which grommunio is not responsible *
  • Removal of computer viruses, malware, Trojans or other malicious software*

* These services can be commissioned from grommunio for a fee.

3. Requirements for maintenance and obligations of the customer

3.1 The customer has the following duties of cooperation and other obligations, which are a prerequisite for the provision of services by grommunio:

3.1.1 As part of the products grommunio Basic, grommunio Plus, grommunio Business and grommunio Enterprise, the latest software version is made available to the customer. All services of this contract refer to this latest version of the software. No services shall be provided for previous versions of the Software.

3.1.2 The customer must have an Internet connection that meets the technical standards (minimum speed “ADSL”) at the time the service is provided, insofar as the customer wishes to make use of corresponding remote support within the scope of the support offer.

3.1.3 A remote maintenance software recommended by grommunio is to be installed by the customer at his own expense after the first request by grommunio.

3.1.4 Error messages are to be reported in writing to support@grommunio.com or verbally to the support hotline of the geographically closest location. The current contact information can be found on the website https://grommunio.com. The customer has to report errors immediately and will provide grommunio with comprehensive support in troubleshooting and troubleshooting. This includes, in particular, providing grommunio with a comprehensible description of the error and submitting or transmitting other data (e.g. screenshots) and logs (e.g. error logs) to grommunio at the first request.

3.1.5 The customer must name a system manager who is grommunio’s contact person for all questions relating to the implementation of this contract. The customer shall ensure that the system representative is knowledgeable and can make decisions relating to this contract himself or arrange for them to be made in a timely manner. The customer can appoint a representative responsible for the system, e.g. an officially accredited grommunio partner.

3.1.6 Troubleshooting shall be carried out within the framework of the support options provided, depending on the support level completed. The customer must ensure that remote maintenance access, which is secured according to the current state of the art, is set up and that grommunio is available at least during maintenance times. Furthermore, the customer has to keep the technical facilities required for the performance of the maintenance work such as power supply, telephone connection and data transmission services functional and to make them available to grommunio in a reasonable amount free of charge.

3.1.7 It is the Customer’s responsibility to perform and check regular data backups, and to properly maintain and service the system environment of the Software.

4. Remuneration, Payment and Default and Value Protection

4.1 grommunio receives the remuneration specified in the offer for its services to be provided under this contract. in accordance with the current legislation. Costs for travel, daily and overnight allowances shall be invoiced to the customer separately according to the respective valid rates. Travel times shall be deemed to be working time.

4.2 Payments by the customer are only deemed to have been made when they are received on grommunio’s business account. Any difficulties in transferring invoice amounts shall be borne by the customer. Only grommunio reserves the right to decide on which payments received from several claims are credited. Within the same claim, the incoming amounts shall first be credited to costs of an (extra-)judicial set-off, then to interest and finally to principal.

4.3 In the case of orders that comprise several units (e.g. programs and / or training courses, implementation in partial steps), grommunio is entitled to invoice each individual unit or service after delivery.

4.4 The remuneration shall be invoiced at the beginning of each contractual year and shall be due net upon receipt of the invoice or according to the printed condition. Insofar as partial payments are agreed, in the event of default on one partial payment, the remaining partial payments shall become due immediately (loss of date).

4.5 If the customer defaults on payment, grommunio is released from the obligation to provide its services. grommunio is also entitled to postpone or withhold its own performance. If a reasonable grace period is not met, grommunio is entitled to withdraw from the contract and thus to cease all activities associated with the subscription or alternative services. In addition, grommunio is entitled to charge default interest of 12% p.a.

5. Contract duration and termination

5.1 The subscription relationship underlying the order is concluded for a definite period of time and may be terminated in writing by either of the contracting parties at the end of each contractual year subject to a 4-week notice period. The right of the contracting parties to terminate the contractual relationship prematurely for good cause remains unaffected. Important reasons are in particular:

  • if insolvency proceedings are opened against the assets of the other contracting party or insolvency proceedings are rejected for lack of assets to cover costs, insofar as this is permitted by law, i.e. in particular (a) if the termination of the contract would not jeopardize the continuation of the company, (b) in the event of default in the fulfillment of claims that have become due after the opening of insolvency proceedings, (c) in any event after six months from the opening of insolvency proceedings and (d) as soon as notice is given in the insolvency proceedings that the company will not be continued;
  • if the legal framework conditions do not allow the provision of the Software or if the legal framework conditions change in such a way that the provision of the Software would not be possible or legally permissible with economically justifiable effort;
  • if a contracting party violates a material obligation (e.g. obligation to pay the fee) arising from these T&C or other agreements and does not restore the condition in breach of contract within a reasonable period of at least 10 working days despite a warning and a written extension;
  • if the customer does not comply with his obligations to cooperate in accordance with point 3. of the T&S;
  • if the termination of the contractual relationship is essential to avert personal or economic disadvantages for grommunio;
  • if the customer becomes the property of a competitor of grommunio.

5.2 The assertion of claims for damages as well as other claims against the defaulting contractual partner shall remain at the discretion of the respective other contractual partner in addition to the pronouncement of extraordinary termination.

6 Default and Warranty

6.1 In the case of services, grommunio guarantees that the services are provided in accordance with the state of the art, that a high level of care and quality is applied in the performance of the contract and that only competent personnel are employed in the provision of services. In addition, grommunio does not make any performance commitments or guarantees (with the exception of the response times for the service packages contained in Appendix number 2).

6.2 Defective deliveries or services shall be notified by the customer in writing within 14 days of knowledge thereof or within 14 days of the time at which the customer should have become aware thereof in the exercise of due diligence or within 14 days of acceptance of the program. Notices of defects shall only be valid if they concern reproducible defects.

6.3 In the case of justified warranty claims, grommunio undertakes, at its discretion, to remedy defects in the services or delivery either through improvement or replacement within a reasonable period of time. If two attempts at improvement or replacement fail, the customer may withdraw from the contract, except in the case of insignificant defects. In any case, warranty claims shall become statute-barred after one year from the date of performance of the service.

6.4 The statutory presumption of defects of §924 ABGB is excluded. The burden of proving the existence of a defect at the time of delivery or provision of the service therefore lies with the customer in any case. grommunio is not liable for consequential damage caused by a defect from the title of compensation.

6.5 Costs for assistance, fault diagnosis as well as fault and malfunction elimination for which the customer is responsible will be carried out by grommunio against calculation of the current hourly fee. grommunio assumes no liability for errors, malfunctions or damage resulting from changes to the delivery or the services by the customer himself or by third parties, improper operation, changed operating system components, interfaces and parameters, use of unsuitable organizational means and data carriers, insofar as these are prescribed, abnormal operating conditions (especially deviations from the installation and storage conditions) as well as damage in transit and the like.

6.6 If grommunio does not meet its obligation to rectify defects, or if grommunio violates its response obligations in accordance with the SLA (Annex number 2) more than twice within a calendar quarter, the customer can extraordinarily terminate the contract and / or a third party with the Entrust rectification of defects. The costs for such a correction of defects by a third party can be charged to grommunio in the amount of the sum of the invoiced and paid fees for the respective calendar year, at most, however, the appropriate fee. Any further compensation by grommunio is excluded.

6.7 Force majeure events entitle grommunio to postpone fulfillment for the duration of the hindrance and an appropriate start-up time. Strikes, lockouts and similar circumstances are equivalent to force majeure, which make performance significantly more difficult or impossible for grommunio.

6.8 The claim to warranty expires automatically if the customer or a third party interferes with the software or services have been performed on the software by a third party without the express written consent of grommunio.

6.9 To clarify, it is stated that no guarantee or liability is assumed for software modules not developed by grommunio.

6.10 The customer is not entitled to withhold payments due to incomplete (total) delivery, warranty or guarantee claims or complaints. Furthermore, the customer is not entitled to offset any claims he is entitled to against grommunio, or to assign or pledge claims against grommunio to third parties (prohibition of offsetting and assignment).

6.11 If delivery dates are specified in the offer, grommunio endeavors to adhere to them as precisely as possible for deliveries and the provision of services, but these are non-binding. The customer shall not be entitled to any claims for damages arising from any failure to comply with deadlines and dates.

7. Compensation

7.1 Any liability on the part of grommunio from or in connection with this contract is limited to the remuneration paid by the customer in the year in which the damage occurred. Liability for damages caused by slight negligence is excluded entirely. This does not apply to personal injury.

7.2 grommunio is not liable for any loss of data or any other indirect or indirect damage, incidental or consequential damage, including loss of profit, loss of sales and interest, or legal costs.

7.3 If the customer asserts claims for damages against grommunio, the burden of proof for the existence of fault lies with the customer.

8. Confidentiality and Data Protection

8.1 The contracting parties are obliged to treat trade and business secrets of the other contracting party, in whatever way they become known, as well as all matters related to the performance of the order, as strictly confidential, this also beyond the termination of the contractual relationship.

8.2 Part of these T&C are the terms and conditions for commissioned processing pursuant to Article 28 of the General Data Protection Regulation (GDPR) contained in Annex No. 3.

9. Intellectual Property Rights

The customer receives the same rights to the updated or supplemented software that is made available to the customer as part of maintenance services as to the software made available to the customer by grommunio. In case of doubt, the customer shall receive a non-exclusive simple right to use the software for all software versions and software components, limited in time to the duration of the license agreement (agreement for the provision of the software) for the contractually defined number of users, whereby the granting of sublicenses, the processing, duplication, making available as well as other distribution of the software is expressly prohibited.

10. Miscellaneous

10.1 The contractual relationship underlying the order is subject to Austrian law. The exclusive place of jurisdiction shall be the competent court for the 22nd district of Vienna.

10.2 All changes or amendments to the contractual relationship must be made in writing. Subsidiary agreements do not exist. These require the written form just as the cancellation of this written form clause itself. However, grommunio is entitled to change or supplement these terms and conditions if the change or addition is necessary due to new functions and / or changed legal provisions and the change is reasonable taking into account the interests of the customer. Changes will be announced no later than eight weeks before they come into effect with notification of the content of the respectively changed regulation by email to the email address given to grommunio. Consent to the announced amendment shall be deemed to have been granted if the customer does not object within four weeks after receipt of the amendment notification, which shall be pointed out to the customer in the amendment notification. In the event of an objection within the deadline, the contractual relationship shall be continued under the previously agreed conditions. In this case, grommunio reserves the right to terminate the contractual relationship at the earliest possible point in time.

10.3 Should individual provisions of this contract prove to be invalid or unenforceable, this shall not affect the validity of the remaining provisions of this contract. In such a case, the invalid or unenforceable provision shall be replaced by a new provision that corresponds to the intended purpose and applies from the beginning of the invalidity. Insofar as provisions are concerned which are essential or cannot otherwise be omitted without jeopardizing the purpose of the contract, the contracting parties undertake to interpret the contract, correct it or replace it by another, effective and feasible provision in such a way that its economic and legal purpose is achieved as far as possible, taking into account the purpose pursued by the invalid provision.

10.4 The appendices to this contract constitute an integral part of the contract.

10.5 Any general terms and conditions or conditions of purchase of the customer shall not apply to the present contractual relationship.


Appendix 1 – Performance variants Anlage 2 – Service Level Agreement Appendix 3 – Conditions for order processing in accordance with Art 28 GDPR


Appendix Number 1 – Service Variants

grommunio Basic

  1. Maintenance and support of the software of the grommunio module developed by grommunio in the event of legal and software-related changes, as well as the free update option to the currently valid program version.
  2. Forwarding of software improvements that have been developed exclusively by grommunio, insofar as they concern the standard version.
  3. Access to the grommunio online manual for quick self-help or further training.
  4. Use of the grommunio support email address to contact the support directly and request help.

grommunio Plus

  1. Maintenance and support of the software developed by grommunio, the modules grommunio, grommunio meet, and grommunio chat in the event of legal and software-related changes, as well as the free update option to the currently valid program version.
  2. Forwarding of software improvements that have been developed exclusively by grommunio, insofar as they concern the standard version.
  3. Access to the grommunio online manual for quick self-help or further training.
  4. Use of the grommunio support email address to contact the support directly and request help.
  5. Access to the grommunio support hotline to contact support directly and request help.

grommunio Business

  1. Maintenance and support of the software developed by grommunio, the modules grommunio, grommunio meet, grommunio chat, grommunio files, grommunio archive and grommunio mdm in the case of legal and software-related changes, as well as the free update option to the currently valid program version.
  2. Forwarding of software improvements that have been developed exclusively by grommunio, insofar as they concern the standard version.
  3. Access to the grommunio online manual for quick self-help or further training.
  4. Use of the grommunio support email address to contact the support directly and request help.
  5. Access to the grommunio support hotline to contact support directly and request help.
  6. Maintenance and support of special environments in terms of high availability, geographically or logically distributed installations, hosting environments or even archive integrations.

grommunio Enterprise

  1. Maintenance and support of the software developed by grommunio, the modules grommunio, grommunio meet, grommunio chat, grommunio files, grommunio archive and grommunio mdm in the case of legal and software-related changes, as well as the free update option to the currently valid program version.
  2. Forwarding of software improvements that have been developed exclusively by grommunio, insofar as they concern the standard version.
  3. Access to the grommunio online manual for quick self-help or further training.
  4. Use of the grommunio support email address to contact the support directly and request help.
  5. Access to the grommunio support hotline to contact support directly and request help.
  6. Maintenance and support of special environments in terms of high availability, geographically or logically distributed installations, hosting environments or even archive integrations.
  7. Use of 24/7 emergency support by means of callback service, even outside support hours.

    Appendix number 2 – Service Level Agreement (SLA)

    1. Services

    The maintenance services serve the continuous and error-free provision of the grommunio software and are provided as part of the grommunio service packages within the grommunio support hours, Monday to Friday from 8:00 a.m. to 5:00 p.m. CET.

    2. Service Level

    2.1. Error classes

    The evaluation and prioritization of errors in the provision of the software (functions according to the offer and product description or usually assumed features are not given) is carried out by the support team according to the criteria listed below.

    2.1.1. Priority 1

    The error causes the system or service to be unavailable or unavailable for use.

    Example for priority 1: The grommunio appliance does not boot and accordingly cannot provide its services.

    2.1.2. Priority 2

    The error causes significant restrictions on use of important functions that cannot be circumvented by appropriate measures for a reasonable period of time that can be expected of the end customer.

    Example for priority 2: Emails can neither be sent nor received via grommunio.

    2.1.3. Priority 3

    The bug imposes insignificant usage restrictions on some functions, which can be circumvented by the end user by taking appropriate measures.

    Example for priority 3: It is not possible to log in to grommunio web.

    2.2. Availability

    The software is operated at the customer’s site. grommunio therefore does not assume any availability guarantees.

    2.3 Response times for error messages

    The reaction time is the period between the opening of an error message in the ticket system of the licensor and the first qualified measure for error analysis and error correction.

    For the purposes of clarification, it is stated that grommunio makes efforts to speed up the troubleshooting, but cannot give any guarantees as to the duration (fixed time) of the troubleshooting.

    • Priority 1: 4 hours response time
    • Priority 2: 8 hours response time
    • Priority 3: 24 hour response time
    3. Error Messages

    Error messages are to be reported in writing to support@grommunio.com or verbally to the phone number given as part of the license. The customer has to report errors immediately and will support grommunio comprehensively in troubleshooting and error elimination. This includes, in particular, providing grommunio with a comprehensible description of the error and submitting or transmitting other data (e.g. screenshots) and logs (e.g. error logs) to grommunio at the first request.


    Annex number 3 – Conditions for commissioned processing pursuant to Article 28 of the General Data Protection Regulation (GDPR)

    If there is a processing of personal data of the customer (this can be personal master data, communication data, contract master data, customer history, contract billing and payment data of the customer or contractual partner of the customer) by grommunio on behalf of the customer, the following conditions of order data processing according to Art 28 GDPR to apply:

    1. Subject matter and duration of the commissioned processing

    1.1 In the case of the provision of maintenance and support services by grommunio, access to personal data (within the framework of the grommunio software) of the customer (as well as customers of the customer) may occur. The use and handling of this data is regulated by the present terms and conditions.

    1.2 The duration of the order processing corresponds to the duration of the provision of maintenance and support services by grommunio to the customer.

    2. Data Processing Instruction

    grommunio does not process the data that is processed in the order on its own, but only on the basis of the contract concluded between grommunio and the customer or according to documented instructions from the customer, unless grommunio is legally obliged to process data; in such a case, grommunio must notify the customer of these legal requirements prior to processing, provided that the relevant law does not prohibit such notification due to an important public interest. grommunio must inform the customer if grommunio is of the opinion that an instruction violates statutory provisions.

    3. Place of data processing

    The provision of the contractually agreed data processing shall take place exclusively in a member state of the European Union or in another contracting state of the Agreement on the European Economic Area. Any relocation to a third country requires the prior consent of the customer and may only take place if the specific requirements of Article 44 et seq. GDPR are fulfilled.

    4. Technical-organizational Measures

    4.1 grommunio has the security according to. Article 28 (3) lit. c, 32 GDPR especially in connection with Article 5 (1), (2) GDPR. (2) GDPR. Overall, the measures to be taken are data security measures and measures to ensure a level of protection appropriate to the risk with regard to confidentiality, integrity, availability and the resilience of the systems. In this context, the state of the Art, the implementation costs and the nature, scope and purposes of the processing as well as the varying likelihood and severity of the risk to the rights and freedoms of natural persons within the meaning of Article 32 (1) of the GDPR must be taken into account.

    4.2 The technical and organizational measures are subject to technical progress and further development. In this respect, grommunio is permitted to implement alternative, adequate measures. In doing so, the security level of the specified measures must not be undercut. Significant changes must be documented.

    5. Quality Assurance and other Obligations

    5.1 In order to maintain confidentiality in accordance with Article 28 (3) (2) lit. b, 29, 32 (4) GDPR, the following obligations shall apply:

    • When carrying out the work, grommunio only uses employees who are bound to confidentiality and who have previously been familiarized with the data protection provisions that are relevant to them. grommunio and every person subordinate to grommunio who has access to personal data may only process this data in accordance with the instructions of the customer, including the powers granted in this contract, unless they are legally obliged to process them.
    • The implementation of and compliance with all technical and organizational measures required for this order in accordance with Art. 28 Para. (3) (2) lit. c, 32 GDPR.
    • grommunio regularly controls the internal processes as well as the technical and organizational measures to ensure that the processing in his area of responsibility is carried out in accordance with the requirements of the applicable data protection law and that the rights of the data subject are protected.
    • Verifiability of the technical and organizational measures taken vis-à-vis the customer within the scope of his control powers.
    6. Subcontracting Relationships

    6.1 Subcontracting relationships within the meaning of this provision shall be understood to be those services that relate directly to the provision of the main service. This does not include ancillary services that grommunio uses, e.g. as telecommunications services, post / transport services, maintenance and user service or the disposal of data carriers, as well as other measures to ensure the confidentiality, availability, integrity and resilience of the hardware and software of data processing systems. However, grommunio is obliged to ensure data protection and data security for the customer’s data, even in the case of outsourced ancillary services, to take appropriate and legally compliant contractual agreements and control measures.

    6.2 The complete list of all subcontractors can be found in the partner area of the partner portal at: https://portal.grommunio.com/partners. The customer agrees to a possible commissioning of the subcontractors listed under this link, under the condition of a contractual agreement in accordance with Art. 28 Para. (2) and (4) GDPR.

    6.3 The outsourcing to subcontractors or the change of the existing subcontractor are permitted, provided that:

    • grommunio will notify the customer of such outsourcing to subcontractors a reasonable time in advance in writing or in text form, and
    • the customer does not raise an objection to the planned outsourcing to grommunio in writing or in text form by the time the data is transferred, and
    • a contractual agreement in accordance with Art. 28 Para. (2) and (4) GDPR is used as a basis.

    6.4 The transfer of personal data of the customer to the subcontractor and the subcontractor’s first activity shall only be permitted once all prerequisites for subcontracting have been met.

    6.5 grommunio is liable to the customer for compliance with the obligations of the subcontractor.

    7. Support Services

    7.1 grommunio will, taking into account the type of processing and the information available to it, support the customer in complying with the obligations specified in Art. 32 to 36 GDPR.

    7.2, Taking into account the type of processing and the information available, grommunio will, if possible, support the customer with suitable technical and organizational measures so that he can fulfill his obligations to respond to requests for the exercise of the rights of those affected as specified in Art. 12 to 22 GDPR People can follow.

    8. Control Rights of the Customer

    The customer has the right, in agreement with grommunio, to carry out inspections or to have them carried out by an auditor to be named in individual cases in order to convince himself of the compliance with this agreement by grommunio. grommunio will provide the customer with all the information required for this.

    9. Deletion and return of Personal Data

    After completion of the contractually agreed work or earlier at the request of the customer, grommunio has to hand over to the customer all documents that come into its possession, created processing and usage results as well as databases in connection with the contractual relationship or, with prior consent, to destroy it in accordance with data protection unless there is an obligation for grommunio to store it. Documentation that serves as evidence of orderly and proper data processing and provision of services must be stored by grommunio beyond the end of the contract in accordance with the respective retention periods.

    10. Remuneration

    For services that grommunio has to provide in accordance with the obligations of this agreement in accordance with Appendix 1 in support, grommunio receives a fee in accordance with the currently valid price list.

    For services that go beyond the obligations of this agreement according to Annex 1, grommunio receives a fee, which is based on the general hourly rates for IT support services.