amasol Professional Services
amasol provides professional services in the field of IT monitoring and observability. The aim is to support the customer in the design, implementation and optimization of monitoring and observability solutions. This includes, in particular
• Consulting and planning services
• Integration and implementation services
• Customizing and development services
• Operating support services
The specific scope of services and the remuneration depend on the respective offer, supplemented by a statement of work if necessary.
The Professional Services are provided by amasol on the basis of the customer environment as it exists at the time of the offer for the execution of the service description.
Version: 01. August 2025
Table of Contents
1. Performance period
amasol is obliged to provide the Professional Services only during the service period specified in the offer. At the end of the service period, all unused Professional Services shall expire or, if invoiced subsequently, shall be deemed to have been used and payable.
2. Scheduling
The customer agrees the specific dates and times for Professional Services with the respective amasol consultant. Assignments shall take place on business days from Monday to Friday (excluding national public holidays) during business hours from 8:00 a.m. to 6:00 p.m.. A 50% increase in fees shall be charged for all Professional Services scheduled on business days outside of business hours and a 100% increase in fees shall be charged for all Professional Services scheduled outside of business days (Saturday, Sunday, national public holidays). Such increase fees shall be approved by the customer in writing in advance .
The customer may request rescheduling of agreed Professional Services assignments. In this case, however, the customer is responsible for all expenses incurred by amasol as a result, including non-refundable travel or cancellation fees. If amasol receives written notice from Customer regarding rescheduling less than five (5) business days prior to the scheduled start date for the Professional Services, amasol reserves the right to charge a late cancellation fee equal to 50% of the compensation for that engagement to the extent affected by the rescheduling. This fee shall not be charged if amasol was able to use the freed-up capacities elsewhere at short notice. This recognizes that a late cancellation does not give amasol an economically reasonable opportunity to reallocate its resources.
3. Travel expenses
Unless otherwise agreed, the following provision shall apply to travel expenses. If Professional Services assignments are to take place on site at the customer’s request, the customer shall reimburse the necessary travel expenses as follows:
• Reimbursement of travel expenses:
- • Travel by rental car (in exceptional cases with proof of economic viability)
- • Travel by cab (in exceptional cases with proof of economic viability)
- • Travel by train: 2nd class (on receipt)
- • Travel by airplane: Economy class (upon receipt)
• Travel allowance: For distances traveled by amasol employees for valid reasons with a vehicle provided/owned by them, a mileage allowance of 0.35 € per kilometer is granted as reimbursement of expenses.
• Crediting of travel time: 50% of the actual travel time is charged as working time. amasol pays attention to economical scheduling and travel planning.
• Accommodation costs: For overnight stays as part of a business trip, the costs are reimbursed up to 140 € per night (upon receipt)
• Expenses are reimbursed on the basis of the current flat rates for tax purposes.
4. Subcontractor
amasol reserves the right to use suitable subcontractors for the provision of professional services. amasol remains fully responsible for the proper fulfillment of its contractually owed services, even if these have been provided in whole or in part by subcontractors.
5. Copyright agreement
If amasol produces work results, developments, concepts, scripts, configurations, documentation or other services (“Results”) in the course of providing the Professional Services, amasol shall be exclusively entitled to all rights of use and exploitation. Insofar as industrial property rights and/or copyrights to software arise in the process, amasol shall be exclusively entitled to these in relation to the customer without payment of separate remuneration, worldwide, for an unlimited period of time and in terms of content.
Furthermore, amasol shall be entitled to use the technical and professional know-how gained in the course of the provision of services without restriction for its own purposes and in other projects and customers, provided that no confidential information of the customer is disclosed or its property rights are infringed.
“amasol Materials” means all training, dashboards, presentations, report templates or other templates, documentation, materials, methods, procedures, techniques, ideas, concepts, trade secrets, know-how, copyrighted works, formulas, algorithms, databases, scripts, configurations, logos, icons, models and other inventions contained in amasol software and software components developed or delivered by amasol in connection with the provision of Professional Services, including all related copies, parts, modifications and enhancements and all derivative works of the foregoing. which amasol develops or supplies in connection with the provision of Professional Services, including all related copies, parts, modifications and improvements and all derivative works of the foregoing. amasol materials do not contain customer data.
Subject to Customer’s compliance with the Agreement, amasol grants to Customer a non-exclusive, non-transferable, non-sublicensable license, limited in time and territory, to use the amasol Materials provided by amasol to Customer in connection with the Professional Services. The customer does not acquire any right, title or interest in the amasol Materials, and amasol or its licensors retain all ownership rights, including but not limited to intellectual property rights, in the amasol Materials. After the provision of Professional Services, no further maintenance, upgrades, updates or ongoing support of the amasol Materials will be provided.
In addition, the customer shall grant amasol the non-exclusive, temporally and geographically unlimited right of use to all content, data, materials and information provided by the customer within the scope of the cooperation, insofar as their use is necessary for the provision of services.
6. Warranty
amasol shall endeavor within commercially reasonable limits to provide the Professional Services and the associated amasol materials with the utmost care and to the best of its ability in accordance with the state of the art in science and technology, in accordance with any agreed specifications. A specific success is expressly not owed. A warranty in the sense of a liability for defects as in the case of contracts for work and services is therefore excluded. amasol therefore in particular does not warrant that the Professional Services (a) fulfill the requirements or expectations of the customer or (b) achieve certain economic or technical results desired by the customer.
In the event of non-performance or improper performance by amasol, and if the customer notifies amasol within thirty (30) days of the date on which the Professional Services were provided, amasol agrees, as the exclusive remedy with respect to any identified deficiencies or discrepancies for the customer, (a) re-perform the non-conforming Professional Services, or (b) if amasol determines that re-performance is not commercially reasonable, the affected Professional Services will be canceled and amasol will refund to Customer all prepaid fees corresponding to the affected Professional Services.
Claims for defects against amasol shall lapse 6 months after the provision of the Professional Services.
7. Limitation of liability
amasol shall be liable without contractual limitations for (a) intent, (b) for damages based on the fact that amasol has fraudulently concealed a defect or has assumed a guarantee for the quality; (c) for damages resulting from injury to life, body or health based on an intentional or negligent breach of duty by amasol or otherwise on intentional or negligent behavior of a legal representative or vicarious agent of amasol; (d) for damages based on an intentional or grossly negligent breach of duty by amasol or otherwise on intentional or grossly negligent behavior of a legal representative or vicarious agent of amasol; (e) under the Product Liability Act; and (f) under the Federal Data Protection Act and the General Data Protection Regulation. Except as provided above, amasol shall not be liable for any special, indirect, incidental, consequential, punitive or exemplary damages, including, but not limited to, business interruption, lost profits, loss of data or coverage costs, even if such party knew or should have known of the possibility of such damages.
If amasol is liable due to slight negligence due to the breach of essential obligations, the compensation for damages shall, however, be limited to direct damages typical for the contract and foreseeable at the time of conclusion of the contract. Essential obligations are obligations whose fulfillment is essential for the proper execution of the contract and on whose compliance the customer regularly relies and may rely.
In cases other than those specified in the above paragraphs, amasol’s liability for negligence is excluded.
Subject to mandatory statutory liability provisions, the total liability of a party arising from or in connection with this contract for breaches of cardinal obligations caused by slight negligence – irrespective of the legal basis – shall be limited to the lower of the following amounts: (a) the foreseeable damage typical for the contract or (b) the remuneration actually paid or owed by the customer in the respective contract year.
Force majeure, operational disruptions for which amasol is not responsible or unforeseeable technical circumstances for which amasol is not responsible or any other circumstances that are outside amasol’s area of responsibility shall not give rise to any liability on the part of amasol. If the contractual performance to be rendered by amasol becomes temporarily impossible due to the aforementioned circumstances or conditions, amasol’s contractual obligations shall be suspended until the disruption has been remedied or has ended, insofar as this is reasonable under the circumstances. In the event of final impossibility, the statutory provisions shall apply.
amasol is not liable for the correct functioning of infrastructures or the customer network that are not in the area of responsibility of amasol.
Liability for the recovery or restoration or loss of data is limited to the effort required to restore or recover lost data on the customer’s IT system or equipment. The prerequisite for this is that the customer has fulfilled its obligation to independently back up all data in a suitable and regular manner and has ensured that this data can be reconstructed from machine-readable data material with reasonable effort.
The above provisions on amasol’s liability for damages shall apply to all contractual and non-contractual claims for damages against amasol, irrespective of their legal basis, and accordingly to amasol’s liability for reimbursement of futile expenses.
8. Customer responsibility; delay
The customer’s technical, application and commercial personnel are obliged to cooperate in order to enable amasol to provide the Professional Services. The customer shall designate a qualified contact person for the amasol consultant(s). The customer shall appoint technical experts and other suitable personnel to be involved in the execution.
Operating and auxiliary resources, such as remote access, are not part of amasol’s scope of services and must be provided by the customer to a sufficient extent.
The customer shall ensure that all required hardware and software is available on site and available to the consultant(s) at the beginning of the provision of the Professional Services. The customer shall provide system and physical security access as well as access to documentation, tools, application programs and data to the extent necessary for amasol to provide the Professional Services. Operating and auxiliary resources, such as remote access, are not part of amasol’s scope of services and must be provided by the customer to a sufficient extent. Resources required but not accessible to consultants may affect the duration of the assignment and the delivery of amasol materials. The customer shall provide the consultant(s) with an appropriate workspace or training rooms as required.
Certain aspects of Professional Services may require the restart of application components in the monitored environment. The customer is responsible for ensuring that the restart complies with its change control process and maintenance policies.
The provision of certain Professional Services requires interventions in the customer’s productive systems and thus entails risks. The amasol consultant will point out such risks and recommend risk reduction measures, e.g. prior testing in non-production environments, data backups, etc. The customer is responsible for implementing these measures and only then releasing the interventions on productive systems in accordance with the customer’s change management.
The parties acknowledge and agree that amasol’s performance is conditioned upon the customer’s fulfillment of the obligations set forth in the Agreement. Failure by the customer to provide the equipment, data, resources, access, personnel reasonably requested by amasol or similar (“Customer Caused Delay”) may impede, prevent or postpone the provision of the Professional Services. In all such cases, amasol’s obligations shall be permissibly delayed or excused to the extent that the delay is caused by the customer. If the customer requests an extension of the performance period due to a delay caused by the customer, additional fees and costs shall be incurred for this extension.
9. Change control
Either party may request a change to any material provision of the Statement of Work upon written request. Any requested deviation from the terms of the Statement of Work, including but not limited to additional services, changes in timing or changes in scope, must be specified in a Change Request Form mutually agreed upon and signed by authorized stakeholders of both Customer and amasol. Upon receipt of a change request, amasol will estimate the financial and time impact, if any, and the parties will review these estimates to determine if the requested changes are acceptable to both parties. The terms contained in a signed change request shall supersede any conflicting provisions in the Statement of Work.
10. Personnel
amasol determines the consultants who are commissioned to provide the Professional Services. The customer may request in writing, stating specific reasons, the replacement of amasol consultants in respect of whom the customer reasonably assumes that they do not adequately provide the Professional Services.
11. Confidentiality and data protection
In the course of performing the Contract, certain confidential information must be disclosed by one party (the “Disclosing Party”) to the other party (the “Recipient”). “Confidential Information” means any data or information disclosed by or on behalf of the Disclosing Party, whether disclosed directly or indirectly, in writing, orally or by inspection (including documents, data carriers). This applies regardless of whether or not such information has been designated as “confidential”, “secret” or in a similar manner. Confidential information includes, without limitation, all company, product and contractual information, documentation, technical information, design, processes, procedures, schemes, software, data, know-how, marketing and sales strategies and other information which by its nature must be regarded as confidential, in particular because it is not generally accessible to third parties or can only be obtained with considerable effort and the disclosure of which is likely to prejudice the legitimate interests of the disclosing party.
The recipient is obliged to treat all Confidential Information as strictly confidential, to use it exclusively for the purpose of the business relationship, not to discuss it with third parties or disclose it to third parties and to protect it from disclosure to third parties with due care in its own affairs, but at least the care of a prudent businessman with regard to such confidential information.
Disclosure to responsible employees is permitted if there is a need to do so in good faith for the business relationship with amasol and these persons are subject to a duty of confidentiality that does not fall short of that in this agreement and appropriate measures have been taken to ensure that persons who have access to Confidential Information comply with the provisions of this agreement.
Confidential information is not considered to be information that
(i) are already generally known or publicly accessible before the time of disclosure, or become so after disclosure, without this being due to an act or omission on the part of the recipient,
(ii) obtained by the recipient from a third party without breaching a confidentiality agreement entered into with the third party; or
(iii) demonstrably developed by the recipient independently and without reference to the Confidential Information.
If and to the extent Confidential Information is required to be disclosed in a judicial or administrative proceeding or pursuant to a judicial or administrative decision that is legally binding on the Recipient, or otherwise pursuant to applicable law, such disclosure shall be made only to the extent necessary and only to the extent required by the applicable order, and the information shall otherwise remain confidential. The Recipient shall promptly notify the Disclosing Party that the Confidential Information must be disclosed in order to give the Disclosing Party the opportunity to obtain appropriate legal or other protection against such disclosure at its own expense.
This confidentiality obligation is unlimited in time and shall continue to apply to the Confidential Information for an unlimited period after the end of the cooperation.
Upon termination of the Agreement and at any time upon request of the Disclosing Party, the Recipient shall return the Confidential Information or confirm its destruction or, in the case of computerized, electronic or digital data, its irretrievable deletion. At the request of the Disclosing Party, the Recipient shall confirm in writing that it has fully complied with the requirements.
Insofar as amasol receives access to personal data in the context of the provision of professional services or processes such data on behalf of the customer, this is done exclusively on the instructions of the customer and within the framework of order processing in accordance with Art. 28 GDPR, unless there is a legal obligation to process data differently (Art. 6 para. 1 lit. c GDPR). The scope and purpose of the processing of personal data by amasol can be found in the respective offer. The rights and obligations of the parties under data protection law are specified on the basis of amasol’s Data Processing Agreement (DPA). If the parties have agreed a separate DPA, this shall take precedence. The responsibility for the lawful processing of personal data (in particular with regard to a suitable legal basis pursuant to Art. 6 para. 1 GDPR) lies exclusively with the customer.
12. Miscellaneous
The place of performance shall be the registered office of amasol, unless the service is to be provided on site at the customer’s premises.
The parties expressly agree that the laws of the Federal Republic of Germany shall apply to all disputes arising out of or in connection with this Agreement, in particular to govern, construe and enforce the rights, duties and obligations of the parties arising out of or in connection with the Agreement, without regard to conflict of law provisions, and irrevocably submit to the exclusive jurisdiction of the courts of Munich, Germany, having subject matter jurisdiction. The parties agree that the 1980 United Nations Convention on Contracts for the International Sale of Goods is expressly excluded from application to this Agreement.
Version: 01.08.2025
Table of Contents
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Successful registration to our Exeon Workbench
Good day,
thank you for registering for the Workbench | Threat detection with AI-based behaviour analysis.
Here is the most important information:
When: Tuesday, 30th of September 2025 | 10 a.m. – 11 a.m.
Where: Online via Zoom.
We look forward to your participation and to interesting discussions and presentations on the topic of Detectability.
Kind regards
Laura Ilgner
You will receive a reminder email from us one week before the event.
Successful registration to the DX NetOps Usergroup in Vienna
Good day,
thank you for registering for the DX NetOps User Group from amasol.
Here is the most important information:
When: Thursday, 9 October 2025 | 9:45 a.m. – 5:00 p.m.
Where: MEZZANIN Meetings & Events by Zeitgeist Vienna near Vienna Central Station
Here you will find information on the location and how to get there.
We look forward to your participation and to interesting discussions and presentations on the topic of Broadcom.
Kind regards
Laura Ilgner
You will receive a reminder email from us one week before the event.
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