General Terms and Conditions for RONDOconnect
These General Terms and Conditions of Contract govern the rights and obligations of the contractual parties specified in the Contract concerning the use of the RONDOconnect.
The RONDOconnectprovides a platform (dashboard) for simul-taneous display of real-time machine data. With this dashboard, it is possible to view process and production data on the ma-chine using external monitors.
The dashboard displays the following machine data:
- The recipe history shows which products wereproduced by which user and when.
- The cleaning history provides proof of compliance with hy-giene regulations.
- The machine status and operating data show high the productivity of the machine is.
- Error statistics and diagrams of various machine compo-nents
- Logged in username(person)
- Additional charges apply to remote-access fault diagnosis
The scope of services shall exclusively comprise the services specified in these GTC or in the individual agreement. In partic-ular, remote control of the machine, remote diagnosis of faults, repair and maintenance work, services to be provided by RONDO employees are excluded fromthe scope of services provided by the RONDOconnect.
The Customer can access the dashboard at any time. The Cus-tomer has access to services such as fault diagnosis during of-fice hours. Since the RONDOconnectalso requires mainte-nance or may experience downtime, there is always no entitle-ment to availability.
An annual fee shall be charged for use of the dashboard. The parties shall agree on the price for use of the RONDOconnectin the individual agreement.
Invoicing takes place annually. The payment term is 30 days. RONDO is entitled to change the prices.
The parties shall keep the information and data they exchange with each other confidential. Said information and data shall not be made available to third partiesor used for purposes other than the purpose of the Contract without the written consent of the other party. This shall not apply to the collection and use of machine data by RONDO in accordance with the provisions set out in the relevant section of these GTC. Personal data For RONDO to be able to provide its services in relation to the RONDOconnect, RONDO processes personal data which is provided to RONDO voluntarily by the Customer (e.g. during the registration process). This includes, among other things, name, address, telephone number, email address, etc. Personal data is only processed as far asthis is necessary or appropriate for the provision of the respective service. The personal data is stored in the internal customer management system to the ex-tent necessary and is used for product, customer,and quality control purposes. Personal data maybe passed on to third par-ties if this is necessary or appropriate for the provision of the requested service. Processing and use of personal data for pur-poses other than those for which it was collected shall only take place within the framework of the applicable statutory regula-tions or with the consent of the data subject.
The Customer has the consent of the relevant persons that this data may be passed on to RONDO or third parties and pro-cessed by RONDO or third parties. The same applies to per-sonal data which is visible to RONDO via the dashboard duringcontractual performance. Each party shall ensure that personal data is processed and stored in accordance with the applicable data protection regulations. RONDO advises against using the names of natural persons as usernames.
Collection of machine data
With this Contract governing the use of the RONDOconnect, the Customer expressly grants RONDO the right to use all machine data collected by the RONDOconnectfor its own purposes in anonymised form, i.e. without it being possible for third parties to draw conclusions about the Customer when RONDO uses it. RONDO can use this machine data, for example, to analyse is-sues, and to optimise, improve or further develop all services and products.
Duties of the Customer
The Customer is obliged to perform all activities that are neces-sary for the implementation and use of the RONDOconnectfree of charge.The Customer is responsible for the security of the network and infrastructure to which the machine is connected. Likewise, the technical facilities and communication connections are to be kept in working order by the Customer. The Customer under-takes to notify RONDO in advance of any changes to its tech-nical infrastructure that may have an impact on the RONDOcon-nectand to obtain its consent.
RONDO shall only be liable for direct damage caused by a grossly negligent or intentional breach of this Contract. Any fur-ther liability is excluded.
There is no liability for auxiliary persons.
Term of the Contract
The Contract shall be concluded upon written confirmation of the order by RONDO. The Contract is concluded for an indefinite period. It may be terminated in writing by either party with 90 days' notice to the end of the year. All payments to be made to RONDO within the scope of the Contract shall become due immediately upon termination of the Contract. The right to use the RONDOconnectshall expire at the end of the Contract. The Contract may be terminated in writing at any time with im-mediate effect in the event of a gross or repeated breach of con-tract.
The launch of the RONDOconnectdoes not have to coincide with the start date of the Contract. RONDO shall endeavour to make the RONDOconnectavailable to the Customer as soon as possible after the conclusion of the Contract and as soon as the Customer has fulfilled the necessary obligations to cooperate.
RONDO uses the gateway of Weintek Labs., Inc. based in Tai-wan (third-party device) to store data
The Customer hereby gives its express consentregarding the use of the third-party provider, the third-party provider's device,and the storage of data outside Switzerland and the EU at Weintek Labs.
Weintek's General Terms of Easy Access 2.0 shall apply in re-lation to Weintek's services.
These can be found here: https://account.ihmi.net/domain/index.php
By concluding this Contract, the Customer simultaneously agrees to the General Terms and Conditions of Weintek. The rights that Weintek stipulates therein are obligations of the Cus-tomer if these concern its sphere of influence (e.g. data). As far asRONDOis unable to assert any claims against Weintek, the Customer shall not be entitled to assert any claims against RONDO. If RONDO is entitled to assert claims against Weintek, it is solely up to RONDO to decide whetherto cede these claims to the Customer (as far asthey can be ceded).
Property rights and restrictions
Each party shall remain the owner of the rights to which it was entitled upon commencement of the Contract. No transfer of ownership shall take place because ofthis Contract. RONDOshall remain the sole owner of all rights to the RONDOconnect(including the intellectual property rights contained therein) and its software. The Customer does not acquire any entitlement to these rights by virtue of this Contract.
Unless otherwise agreed, the Customer is granted the non-ex-clusive and non-transferable right to use the software within the scope of this Contract. The Customer is not entitled to make copies of the software or to edit the software. In particular, the Customer must not disassemble, decompile, decrypt, reverse engineer, falsify, erase,or damage the software.
Applicable law and authority
In addition to the individual agreement and these GTC, the Con-tract shall be governed exclusively by Swiss substantive law. The place of jurisdiction for the Customer and RONDO shall be the courts at the location of RONDO Burgdorf AG's registered office. RONDO shall, however, be entitled to take legal action against the Customer at the location of the Customer's regis-tered office.
RONDO specifies the system requirements. RONDO shall only guarantee access to or full useof the RONDOconnectif these system requirements are met. Unless otherwise agreed, the Customer shall only use the following connections, applications etc.:
- The RONDOconnectDashboard can only be used with the Easy Access 2.0 app and CMT Viewer.
- The CMT Viewer app is required in order to make the dashboard visible within the Customer's corporate network.
- Easy Access2.0 is required in order to access the dashboard from outside the company network (regis-tration necessary).
- For support with service issues and/orproduct optimi-sation
If an OPC UA interface has been configured for the purposes of connecting to an MES system, the following additional condi-tions shall apply. Rondo only provides the OPC UA licence. The Customer, however, is responsible for system integration. In addition, it is possible to connect the machine to a cloud so-lution via an MQTT interface. The Customer, however, is re-sponsible for providing the cloud & system integration.
If the machines are reset, there will be data on the SD card. To completely erase the data, the SD card should also be reset.
Please contact RONDO Service if you have any issues or ques-tions.