Rental and Technical Support Services Agreement
Subject of the Agreement
1.1. These general terms regulate the contractual relations between the customer (hereinafter referred to as the "Customer") and UAB Konica Minolta Baltia Latvian branch, registration number 40003728085, located at Mūkusalas iela 42E, LV-1004, Rīga, Latvia (hereinafter referred to as "Konica Minolta"), regarding the rental of Konica Minolta products and the provision of technical support services using the website www.konicaminolta.lv/shop (hereinafter referred to as the "Platform").
Use of the Platform
2.1. To conclude a Rental and Technical Support Services Agreement (hereinafter - the "Agreement") for products offered on the Platform, the Customer must provide accurate, detailed, and correct company identification information (name, registration number, legal address). If the information provided by the Customer changes, they must immediately inform Konica Minolta by writing to the email firstname.lastname@example.org within 1 (one) day.
2.2. Konica Minolta reserves the right to refuse to conclude the Agreement if:
The Customer is a natural person;
The representative of the Customer is not authorized to enter into contracts;
The Customer's registration information is inaccurate, incomplete, or incorrect;
The Customer's creditworthiness is insufficient;
The Customer repeatedly fails to fulfill contractual obligations, disregarding warnings.
2.3. By providing information and concluding this Agreement, the Customer guarantees that they have the right to represent the specified legal entity, and the Customer has the necessary supporting documents.
Placing an Order and Confirmation on the Platform
3.1 The Platform allows the Client to enter into a rental and technical maintenance services agreement for multifunctional printing devices, printers, and/or software (hereinafter referred to as "Products").
3.2. Considering the technical specifications of the Product, available features, and prices, the Customer selects Products that best suit their requirements and preferences. Konica Minolta assumes no responsibility for the Customer's choices made on the Platform. The Customer, assuming the risk, must verify compatibility with their internal IT systems.
3.3. By completing the ordering process on the Platform, the Customer submits a binding offer to Konica Minolta to conclude a Rental and Technical Support Services Agreement for the selected Products. This Agreement becomes effective only after Konica Minolta confirms it in writing.
3.4. Receipt of the offer alone does not mean that Konica Minolta has approved it. Approval is effective only when the Customer receives written confirmation from Konica Minolta via email, clearly stating that the offer has been approved. Along with Konica Minolta's approval, the Customer receives a document on the security deposit payment. The security deposit amount is equal to three RelaxRate package rental payments.
3.5. Konica Minolta reserves the right, at its discretion, to decide whether to approve the Customer's offer or not. The reasons for rejecting the offer are specified in clause 2.2 of this Agreement.
3.6. By submitting the offer, the Customer agrees to these general terms.
4.1. Unless otherwise specified in the Agreement or its appendices, the Customer must pay the deposit amount specified by Konica Minolta within 3 working days from the signing date of the Agreement. At the end of the Agreement term, the deposit amount is refunded to the Customer or, upon agreement, credited as the rental fee for the last 3 rental months.
4.2. After the Customer has paid the deposit, and unless otherwise specified in the Agreement or its appendices, the Products are delivered to the address specified by the Customer within 5 (five) working days. The Customer is obliged not to change the location/installation of the Products without Konica Minolta's approval, either by themselves or involving third parties. If the Customer wishes to change the location/installation of the Products, they must inform Konica Minolta to ensure the necessary technical security measures for product transportation, and an additional fee is charged for this.
4.3. The Customer pays the monthly service fee, including the specified print volume, unless otherwise specified in special conditions. If the Customer exceeds the included print volume, an additional fee is charged for each additional print according to the specified rates.
4.4. The Customer pays for scanned documents according to the rates specified each month unless otherwise specified in special conditions. Konica Minolta conducts a separate tally of scanned documents and does not include them in the print volume.
4.5. The monthly fee does not include forwarding, deletion (including relocation work), data supplementation, additional software installation and deletion on the product's hard drive, and Konica Minolta issues a separate invoice for these services.
4.6. The monthly fee does not include the cost of paper, staples, glue, VAT, or copyright fees.
4.7 The parties agree that the Renter has the right to review the contract prices no more than 1 (one) time per year, considering the annual inflation - the average annual change in the consumer price index (CPI) compared to previous years. The most recent CPI officially published by the Latvian Department of Statistics, which is released no later than the review date, is utilized for the contract price review. If, following the procedure for reviewing contract prices outlined in this paragraph, the CPI change is positive, the Renter has the right to accordingly recalculate the contract prices. Contract prices remain unchanged and are not recalculated if the average CPI change is negative.
4.7.1 The Renter undertakes to inform the Tenant about the recalculated Contract prices by sending a notification to the email address specified in the Contract, and the Tenant undertakes to make payments according to the Contract based on the prices indicated in the notification from the specified day. The Renter's notification becomes an integral part of this Agreement.
4.8. The monthly fee must be paid even if the Customer does not effectively use the Products or technical support services.
5.1. The Customer must pay invoices within 14 calendar days from the date of issuance. The Customer is not entitled to deductions or compensation.
5.2. The Customer makes payments by transferring the amount to the bank account specified by Konica Minolta.
5.3. Konica Minolta has the right to demand a contractual penalty of 10% of the unpaid amount for each overdue invoice in accordance with the Agreement, but not less than €50.00, considered as the minimum damages to Konica Minolta, and legal interest without separate notice.
5.4. Complaints about invoices can be submitted to Konica Minolta at the specified email address within 5 working days from the invoice issuance date.
5.5. Invoices are sent to the email address provided by the Customer. If this address changes, the Customer must immediately inform Konica Minolta.
5.6. If the Customer violates the obligations stated in section 5 of the Agreement, Konica Minolta has the right to suspend the services provided under the Agreement until the Customer fulfills their obligations. The suspension of services does not release the Customer from the contractual obligations.
5.6.1. In case the Client delays payment for more than 30 calendar days, Konica Minolta has the right to unilaterally terminate the Agreement and retrieve the products.
6.1. Without Konica Minolta's prior written consent, the Customer cannot fully or partially transfer their rights and/or obligations under this Agreement to a third party.
6.2. Konica Minolta has the right to transfer rights and/or obligations under this Agreement, including ownership rights to the Products, to a third party who can lawfully enforce all rights, claims, and remedies arising from this Agreement. The Customer acknowledges that, after being informed of the rights and/or obligations under this Agreement, (i) everything specified in this Agreement for the benefit of Konica Minolta will automatically apply to a third party, and (ii) the Customer will make all payments to the third party. The Customer is not entitled to set-off or compensation.
6.3. Konica Minolta and/or the third party will send a notice to the Customer, as specified in clause 6.2, using the Customer's email address.
7.1. The delivery term indicated on the Platform is indicative and not binding. Konica Minolta does not compensate for any delays and does not reimburse damages or losses.
7.2. The Customer agrees that Konica Minolta may conclude subcontracts for the delivery of the Products.
7.3. The Customer must notify Konica Minolta of any non-conformities or unsuitability for use of the Product within 3 working days after delivery.
8.1. Konica Minolta does everything possible, considering its capabilities and technical possibilities, to properly fulfill its obligations under this Agreement.
8.2. Konica Minolta assumes responsibility and compensates the Customer for direct losses specified by a court decision, and does not compensate for any indirect losses (e.g., paper loss, loss of income or profit, etc.) incurred by the Customer due to the breach of this Agreement related to Konica Minolta.
8.3. Except in cases where Konica Minolta intentionally or grossly violates this Agreement, in all other cases, Konica Minolta's liability under this Agreement does not exceed the amount equivalent to the monthly fee paid not more than 12 months before the occurrence of such a violation.
8.4. Konica Minolta is relieved of any liability arising from circumstances beyond its control, including but not limited to cases where Konica Minolta's supplier does not deliver products on time, Konica Minolta's network is closed, etc. Konica Minolta immediately informs the Customer of such circumstances.
8.5. The Customer is fully responsible for any data related to the Products, both directly and indirectly.
8.6. Konica Minolta is not responsible for the Customer's products or other equipment or resources used (e.g., the Customer's network, software, computers, etc.). The Customer is responsible for them (e.g., assigning IP addresses).
9.1. The Products remain the property of Konica Minolta or a third party, as specified in clause 6.2.
9.2. The Customer may not lease, transfer, impose any restrictions on, or otherwise encumber the Products.
Risks and Insurance
10.1. From the moment the product is delivered to the Customer, the Customer assumes all risks for damage to the product and complete or partial destruction until the product is returned to Konica Minolta.
10.2. If, for any reason, the Customer cannot use part or all of the Products (including damage, partial loss, or incorrect operation of the product), the Customer must pay the monthly fee for the entire term of the Agreement, unless Konica Minolta grossly violates its contractual obligations.
10.3. The Customer must insure the Products with a property insurance policy in a Latvian insurance company that covers theft, loss of the product regardless of the cause, and liability insurance, including any product damage. Upon Konica Minolta's request, the Customer must provide evidence that the insurance is valid. Failure to provide evidence gives Konica Minolta the right to close such insurance contracts for the Customer's funds.
10.4. If the product is damaged or completely lost, the Customer must immediately inform Konica Minolta, and Konica Minolta will organize the repair of the product or partial or complete replacement for the Customer's funds. The Customer is directly responsible for paying Konica Minolta's invoice for such repair or partial or complete replacement. The Customer is not entitled to negotiate with the insurance company to avoid payment or delay it.
10.5. All payments that must be made to the insurance company in accordance with the Insurance Agreement must be made directly to Konica Minolta, provided that Konica Minolta has not already been fully compensated for the losses, as indicated in point 10.4.
11.1. The customer agrees to operate the products in accordance with the manufacturer's instructions and other rules specified by Konica Minolta, not to disassemble or modify individual parts or components, not to repair the products on their own initiative or with the assistance of third parties, and to handle the products carefully and responsibly. The customer must bear the costs of defect rectification resulting from incorrect use of the product.
11.2. The customer agrees to accept the technical support services specified in the Agreement and its annexes by signing the completion certificate no later than the day of submission of such an act. If the customer does not sign the act within the specified period, Konica Minolta has the right to unilaterally sign the act, stating that the customer has refused to sign it, and the customer must settle for the services indicated in the act in accordance with the terms and conditions specified in this Agreement.
11.3. The customer must ensure, at their own expense, all resources necessary for the proper operation of the products that may affect their computer system's operation, power supply, and other resources necessary for the proper operation of the products, excluding resources unrelated to the subject of this Agreement.
11.4. The customer is materially responsible for the protection of the products. In the event of loss or damage to the product, the customer compensates for the remaining value of the product. If the product is damaged due to the customer's fault (failure to follow the manufacturer's instructions, allowing unauthorized persons to repair, careless handling of the product), the customer must compensate for the losses incurred by Konica Minolta.
11.5. The customer agrees not to use the products for the reproduction of paper money, securities, and other items, the reproduction of which is prohibited by law. Upon request from law enforcement authorities, Konica Minolta must provide the customer's name and address, as well as product serial numbers and other requested information.
11.6. The customer may use the products only for their business purposes, and they are not allowed to sublease, profit from, or otherwise commercially benefit from the products or their individual parts.
11.7. It is prohibited to export the products beyond the borders of the Republic of Latvia.
11.8. The following obligations related to the use of the Platform apply to the customer:
a) Protect and not disclose access to Platform data;
b) Immediately inform Konica Minolta of any unauthorized use of access data. This also applies to any other risk of misuse known to the customer and any threats to the security and integrity of Platform data;
c) Transfer products or services offered on the Platform to third parties on the Platform;
d) Before inserting or sending any data to the Platform, check for viruses or other harmful components. The customer must use appropriate antivirus software for this purpose;
e) Not transmit, process, store, and distribute any illegal, immoral, sexual, offensive, or violence-inducing content using the Platform.
11.9. The customer releases Konica Minolta from any claims that third parties may bring against Konica Minolta for intellectual property rights violations on the Platform caused by the customer's actions (or with the customer's consent). If the customer becomes aware of a direct risk of such a violation, the customer must immediately inform Konica Minolta.
Validity and Termination of the Agreement Before Term
12.1. The Agreement enters into force from the date of signing and is valid for the period specified in the Agreement, calculated from the installation of the product. After the end of its operation, the customer must organize the return of the products in accordance with the terms specified in this Agreement.
12.2. The customer clearly and irrevocably acknowledges that they waive the right to extend this Agreement. The parties agree and both understand that this Agreement will be terminated on the last day of the specified term if the lease term is not extended in accordance with this Agreement or by separate agreement between the parties.
12.3. If the Agreement is concluded on the 5th day of the month or earlier, the first full rental payment will be made for this month, marking the start of the lease term. If the lease term starts after the 5th day of the month, the first full rental payment will be made for the next month, and the payment for the current month will be calculated proportionally to the days of product use.
12.4. Konica Minolta has the right to issue a proportional monthly invoice for the days from the product installation date to the first day of the month when the Agreement enters into force.
12.5. Except in cases where the Agreement is terminated before the term, the Agreement loses its force upon the expiration of the rental and technical support period chosen by the customer on the Platform (the agreed period) and confirmed by Konica Minolta.
12.6. If the installation of the product is delayed or postponed due to the customer's fault, invoices will be issued on the day when the installation would have been completed without delay.
12.7. The customer has the right to terminate this Agreement without reason before the agreed term, notifying Konica Minolta in a written letter or by sending an email to email@example.com no later than one month in advance and paying compensation equal to the deposit fee paid by the customer.
12.8. A customer who refuses to accept products after Konica Minolta has informed about non-compliance with obligations makes a material breach of the Agreement, resulting in the termination of this Agreement, and the customer must pay compensation as specified in clause 12.7 of this Agreement, as well as compensate for storage and other expenses related to the termination of the Agreement.
12.9. In any case, after the termination of the Agreement at the customer's initiative without fault of Konica Minolta or the customer, the paid deposit remains with Konica Minolta. The parties agree that these are the minimum losses of Konica Minolta.
12.10. After the end of the Agreement or after either party terminates the Agreement before its term, the customer agrees to settle in full for the services provided until the end of the Agreement.
12.11. Konica Minolta and the customer always have the right to fully or partially suspend their obligations (including technical support services) or immediately terminate the Agreement without legal action if the other party grossly violates the Agreement, and the violation is not rectified within 10 working days from the date of receipt of a written warning.
12.12. Konica Minolta and the customer always have the right to immediately fully or partially terminate this Agreement without legal action and without compensation to each other if (i) the other party initiates bankruptcy or restructuring proceedings, (ii) the other party is declared bankrupt or is being restructured, (iii) the other party ceases its business or a significant part of it, (iv) the other party is insolvent.
12.13. If Konica Minolta terminates the Agreement based on clause 12.12, it has the right to claim compensation from the customer in accordance with clause 12.7.
13.1. If the customer indicates that invoices payable under this Agreement should be sent to a third party, this does not relieve the customer of the obligation to settle within the framework of this Agreement, and the customer is responsible for timely payment.
14.1. All intellectual property rights and/or non-material value arising from the customer's use of the products (including software) lawfully become the property of Konica Minolta. The customer undertakes to transfer these rights to Konica Minolta without additional charges or reimbursement of expenses.
14.2. Intellectual property rights to the Platform and its content belong exclusively to Konica Minolta Business Solutions Inc., Japan.
Return of Products and Toner
15.1. After the expiration of this Agreement, the customer must immediately return Konica Minolta products in the condition in which they were received, taking into account normal wear and tear due to regular use.
15.2. For an additional fee, the customer has the right to return empty toner cartridges, cylinders, and developers to Konica Minolta, and Konica Minolta undertakes to properly dispose of the returned materials. The disposal fee is EUR 2.00 per kg excluding VAT. Konica Minolta may also provide special containers for recycling and return for an additional fee.
15.4. The monthly fee must be paid until the products are fully returned to Konica Minolta.
16.1. Insofar as the services provided under this Agreement involve the processing of personal data carried out by Konica Minolta on behalf of the customer, Konica Minolta acts as a data processor, and the customer agrees to the published Data Processing Agreement (DPA).
16.2. If the customer processes personal data using the Platform, they are responsible for lawfully having the right to do so in accordance with applicable data protection laws, and in case of a breach, the customer compensates Konica Minolta for any losses incurred by Konica Minolta or third parties.
Technical Support Services
17.1. During the term of this Agreement, Konica Minolta provides the following selected technical support services for the products:
a) repair of the product if the product malfunctions not due to the customer's fault,
b) adjustment of the product,
c) regular remote diagnostics of the product using the remote monitoring system if the remote monitoring system is provided in the Agreement,
d) periodic updates of the product's software, planned preventive cleaning of the product,
e) timely replacement of wearing parts,
f) delivery of consumables, including toner (paper delivery is not included in the Agreement scope). For additional toner supplied by Konica Minolta, which the customer needs for printing with greater coverage than specified in the Agreement, the customer pays separately according to separate VAT invoices;
g) one-time training for personnel working with the product,
h) configuration of scanning functions in 5 (five) workstations,
i) consultations and assistance by phone,
j) installation and configuration of product drivers.
17.2. All technical support services are provided by Konica Minolta during working hours from 8:00 to 17:00 on business days, unless the parties agree otherwise.
17.3. In accordance with this Agreement, Konica Minolta does not provide certain technical support services; however, the parties may agree to include them for an additional fee: all services necessary due to the customer's incorrect or unusual use of the product, including but not limited to, violations of the obligations specified in clause 11 of this Agreement, services related to changes in the customer's IT systems or network, such as changing servers, updating system software, changing internet service providers, deviations from minimum technical requirements, connecting unknown or unapproved external devices, and similar, all technical support services provided outside working hours from 8:00 to 17:00 on business days.
17.4. Product delivery includes free basic training. Additional training can be organized upon the customer's request for a fee by separate agreement.
17.5. If Konica Minolta delays the provision of technical support services due to the customer's fault, the customer will cover the associated losses.
17.6. If specified in the Agreement, during the installation of the product, Konica Minolta installs OCR Cloud software that allows converting paper documents into editable electronic documents. The quantity of A4 format documents to be converted is specified in the special conditions of the Agreement and is included in the Agreement price.
17.7. If printing disruptions are caused by technical and software issues with the customer's computer or network, such as router changes, IP address changes, operating system updates, changing email service providers, and others, the customer is responsible for resolving them at their own expense. Upon the customer's request and providing the necessary information (such as mail server address, mailbox login data, internet service provider's DNS, the ability to perform installation procedures on the computer if the user lacks these rights, etc.), Konica Minolta may, for an additional fee, provide resolution for printing and/or scanning problems caused by technical and software issues with the customer's computer or network.
17.8. The installation, configuration, and updating of the customer's computer operating system and software are not included within the scope of this Agreement.
17.9. Konica Minolta promptly replaces all worn-out or malfunctioning product parts and supplies the customer with necessary materials, excluding paper. All replaced worn-out parts remain the property of Konica Minolta.
17.10. Auxiliary materials provided by Konica Minolta may only be used for leased products.
17.11. During the provision of technical support services for the product, test prints conducted during this service are not billed, and the customer does not pay for them if appropriately noted in the service report.
18.1. If the customer chooses the software offered on the Platform, Konica Minolta grants an exclusive and non-transferable license for the use of this software. In this Agreement, "use" means the installation, transfer, setup, opening, launching, or viewing of the software.
18.2. Konica Minolta and/or its licensors retain all property rights and intellectual property rights to this software.
18.3. The customer will use the software only for their business purposes. In any case, the customer is prohibited from allowing third parties to use the software, sell, lease, sublicense, or otherwise transfer it to third parties. The customer refrains from any actions involving software transformation, translation, conversion into another programming language, integrity violation, decompilation, reconstruction, or preventing third parties from performing any of these actions.
18.4. The customer agrees to use the software in accordance with licenses and/or usage terms specified on the product screen during software installation (End User License Agreement).
18.5. Konica Minolta delivers the software "as is" and provides no warranties regarding the suitability of the software for any particular use.
19. Software Maintenance
19.1. If the customer chooses the software offered on the Platform, the monthly fee includes software maintenance during the term of this Agreement.
19.2. Software maintenance, as specified in the terms outlined in this section, means that Konica Minolta will provide the customer with software updates and resolve software malfunctions to the extent that such malfunctions are attributable to Konica Minolta or its licensors.
19.3. Konica Minolta is not obligated to install updates or resolve software malfunctions related to the customer. Separate fees apply for such services.
19.4. Konica Minolta assumes no responsibility for consequences if the customer refuses to install software updates or improvements. Konica Minolta is also not responsible for consequences if technical recommendations are not followed.
20. Closing Conditions
20.1. This Agreement is governed by the laws of the Republic of Latvia.
20.2. All disputes arising from or related to this Agreement are settled in the courts of the Republic of Latvia in accordance with Latvian laws.
20.3. The customer acknowledges that they use the Platform and enter into this Agreement for business purposes.
20.4. If any of the conditions of this Agreement is deemed invalid, it does not affect the existence of the remaining Agreement conditions. Such invalid condition is replaced by another condition that is closest to the invalid condition and best serves the objectives of this Agreement, with the written agreement of both parties.
20.5. Amendments or additions to this Agreement are effective only if both parties clearly provide their consent electronically or in writing.
20.6. The parties agree that this Agreement is concluded and subject to the regulations governing lease relationships, as the lease subject is a significant and dominant feature of this Agreement. The conditions of technical provision of the product are included in this Agreement for technical reasons only, to sign one common document (this Agreement), however, they are clearly separated from the product lease.
21. Opting Out of Direct Marketing
21.1. If the customer disagrees to receive messages, offers, or information about similar products and services from Konica Minolta to the customer's provided contact information, the customer is obligated to inform Konica Minolta by writing to the email firstname.lastname@example.org.