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Terms and Conditions |
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Article 1 Scope |
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1.1. These General Business Terms and Conditions apply to all business relationships between QOTEC - König & Hauswirth OEG and a trade customer (hereafter referred to as the Customer). |
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1.2. The business terms and conditions of the Customer are not applicable. This also applies in cases where QOTEC - König & Hauswirth OEG enters into a contract with the Customer without specifically rejecting the business terms and conditions of the Customer. |
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1.3. Amendments to contracts must be made in writing. This also applies to the above clause stipulating that amendments must be made in writing. |
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1.4. For commercial transactions, the General Business Terms and Conditions of QOTEC - König & Hauswirth OEG in the version valid at the time of the signing of the respective contract apply, even if QOTEC - König & Hauswirth OEG does not specifically refer to this fact when entering into subsequent agreements with the Customer. |
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Article 2 Content of contracts |
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2.1. All offers by QOTEC - König & Hauswirth OEG are not binding. Contracts entered into with Customers are only valid after written confirmation or actual performance by QOTEC - König & Hauswirth OEG. |
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2.2. QOTEC - König & Hauswirth OEG is entitled to accept an order by a Customer within one week after posting of the order. |
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2.3. QOTEC - König & Hauswirth OEG reserves the right to deviate from the delivery or performance as specified, provided that such a deviation is deemed immaterial and in accordance with normal trade practice, and provided that it does not affect guaranteed features of the product or performance. |
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2.4. Product and service descriptions (in particular also details published on the website of QOTEC - König & Hauswirth OEG) shall not be interpreted as guaranteed features in the legal sense. Only written specifications that are explicitly identified as being guaranteed by QOTEC - König & Hauswirth OEG shall be legally binding. |
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2.5. If performance of an agreed order is not possible, for whatever reasons, QOTEC - König & Hauswirth OEG reserves the right to withdraw from the contract, provided that the Customer is informed without delay of the unavailability of the product or service and that any counterperformanceby the Customer is reimbursed. |
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Article 3 Payment |
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3.1. The price agreed with the Customer is binding. If there is no such agreement, the payment due shall be calculated from the pricelist of QOTEC - König & Hauswirth OEG as valid at the date of the contract. All prices are net, subject to VAT. |
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3.2. Not included in the price are costs for installation and training, and charges payable by the customer for Internet connection, data transmission and reception as required in connection with the supplied product or service. Any maintenance of the purchased software provided by QOTEC - König & Hauswirth OEG and the fee for such services are based on a maintenance contract, which is separate from the purchase contract. |
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3.3. All amounts invoiced by QOTEC - König & Hauswirth OEG shall be payable forwards the date of performance or delivery, unless different terms have been agreed in writing. |
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3.4. The customer shall be obliged to provide direct debit authorization upon conclusion of renting agreements. The fees for use shall be payable in advance on a semiannual basis and deducted from the customer's account three days following receipt of the invoice. |
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3.5. The customer shall inform QOTEC - König & Hauswirth OEG in writing within seven days after receipt of the invoice in the event of objections to the invoice amounts. Failure to report objections on time shall be considered as acknowledgment. Legal claims to which the customer may be entitled in the case of justified objections after elapse of the deadline shall remain unaffected. |
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3.6. The customer shall be obliged in particular |
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a) To pay the agreed remuneration on time. For each unredeemed check or unredeemed debit the customer shall reimburse Netviewer to the extent of the costs incurred. |
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b) Immediately notify QOTEC - König & Hauswirth OEG in writing of a change in name, address, banking details or the recipient of the invoice. |
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3.7. In the event of default in payment, QOTEC - König & Hauswirth OEG shall be entitled to charge interest on arrears to a maximum rate of 8 percentage points above the base rate. QOTEC - König & Hauswirth OEG reserves the right to claim compensation for damages or a higher interest rate on arrears on other legal grounds. |
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3.8. The customer shall be entitled to set off claims against QOTEC - König & Hauswirth OEG, provided that these claims are undisputed and recognised by declaratory judgment. The Customer's right of retention is limited to claims against QOTEC - König & Hauswirth OEG arising from the same contract. |
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Article 4 Performance |
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4.1. QOTEC - König & Hauswirth OEG supplies its software by provision of the software for download, with notification of the Customer. |
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4.2. Information by QOTEC - König & Hauswirth OEG regarding time of delivery or performance shall not be binding, unless specific dates and times have been agreed in writing. |
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4.3. If QOTEC - König & Hauswirth OEG is unable to provide the goods or services within the agreed period of time, due to industrial disputes, instructions, orders and rules by the authorities, failure of supplier to delivery goods, illness of employees, force majeure or other unforeseen events that are outside the control of QOTEC - König & Hauswirth OEG, the agreed periods for delivery and service are extended by the period of the hindrance and a reasonable period required for resumption of the operations. This also applies accordingly, if QOTEC - König & Hauswirth OEG is unable to perform as it is waiting for information from or co-operation by the Customer. |
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Article 5 License |
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5.1. All rights on the software made available to the Customer for its use are held by QOTEC - König & Hauswirth OEG. |
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5.2. QOTEC - König & Hauswirth OEG grants to the Customer the non-exclusive right to use the software for his own purposes, subject to the limitations of use laid down in the separate license agreement or agreement on the transfer of use for leased transfer. |
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Article 6 Provision of servers |
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6.1. In cases where the handing over of the software provided for use under this contract requires the Customer to connect to servers on which the software is stored (hereafter referred to as the ERS-Servers), QOTEC - König & Hauswirth OEG shall provide ERS-Servers according to the specifications contained in the separate License Agreement. |
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6.2. If the Customer is in default of payment, QOTEC - König & Hauswirth OEG shall be entitled to prevent access to the Netviewer Servers, after a written warning to the Customer that this step shall be taken, unless payment is made within one week from the date of the dispatch of the warning. QOTEC - König & Hauswirth OEG shall not be entitled to prevent access to the Netviewer Servers for a period of four weeks from the day of delivery of the software. Other rights of QOTEC - König & Hauswirth OEG in connection with default of payment on the part of the Customer remain unaffected. |
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Article 7 Termination of Rental Agreements |
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7.1. Standard termination of the contractual relationship shall only be permitted at the end of the term of the rent. Notice of cancellation must be sent to QOTEC - König & Hauswirth OEG in writing at least three months prior to expiration of the contractual relationship at the latest. The contractual relationship shall be extended by an additional respective year if notice has not been given within the prescribed period. |
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Article 8 Customer Cooperation and Responsibilities |
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8.1. The Customer is responsible for the provision of a working environment, at his own cost, in which the software can be used. This includes the provision of hardware with a suitable operating system and Internet connection according to the specifications by QOTEC - König & Hauswirth OEG. |
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8.2. The Customer shall take all necessary measures to prevent damage in the event of failure of the software, or failure of the connection to the ERS-Servers (e.g. data backup). |
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8.3. Prior to using the software, the Customer shall ensure that his partner, with whom he wishes to communicate through the software, also has access to a working environment that meets the specifications of QOTEC - König & Hauswirth OEG as laid down in the product and service descriptions (especially also in the white paper). |
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8.4. The Customer shall not use the software for any illegal purposes or to infringe on the rights of third parties. He shall indemnify QOTEC - König & Hauswirth OEG from all claims by third parties against QOTEC - König & Hauswirth OEG that are based on alleged improper use of the software. In the event of breach of above clause 1 by the Customer, QOTEC - König & Hauswirth OEG shall be entitled to immediately terminate the connection to the ERS-Servers. All other rights of QOTEC - König & Hauswirth OEG remain unaffected. |
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Article 9 Duty of inspection |
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9.1. The Customer is obliged to inspect software acquired through normal trade and to inform QOTEC - König & Hauswirth OEG in writing without delay of any visible defects. Hidden defects must be reported in writing immediately after detection. The Customer is thereby obliged to describe the defects in as much detail as can be reasonably demanded. |
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Article 10 Material defects and defects of title |
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10.1. QOTEC - König & Hauswirth OEG guarantees that the software is free of material defects, and that it can be used according to the terms of the respective contract without infringement of any rights of third parties. Material defects that only marginally limit the use of the software, shall not be accepted as grounds for a claim of liability. |
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10.2. With respect to claims under warranty, QOTEC - König & Hauswirth OEG shall, at its own discretion, repair the defect or exchange the product against a new one. |
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10.3. QOTEC - König & Hauswirth OEG reserves the right to eliminate defects by instructing the Customer on how to use the software in order to avoid any negative impact of the defect on the functionality of the product. The Customer is obliged to accept new program versions and data provided in response to a complaint, provided that the Customer can be reasonably be expected to carry out the associated adjustments and conversions. |
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10.4. If the defect cannot be eliminated, the Customer is entitled to demand a price reduction or to withdraw from the contract. Compensation for damages due to defects are excluded, unless such claims are permitted by law and are based on liability according to article 10. |
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10.5. If the software provided by QOTEC - König & Hauswirth OEG has been modified by the Customer, QOTEC - König & Hauswirth OEG shall only be liable for defects that are not affected by these modifications. |
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10.6. In relation to material defects, the Customer is only entitled to legal remedy, if he has given notice of the defect in writing and within the specified time (see also article 8). |
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Article 11 Liability |
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11.1. The contractual and non-contractual liability of QOTEC - König & Hauswirth OEG towards its Customers is limited as follows: |
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a) In the event of gross negligence: to the amount of the foreseeable and typical damage. |
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b) In all other cases, QOTEC - König & Hauswirth OEG shall only be held liable, if it failed to comply with a material contractual duty essential for the fulfilment of the contract, whereby the amount of compensation is limited to the foreseeable and typical damage. |
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11.2. The liability of QOTEC - König & Hauswirth OEG in connection with personal injury and claims made under the Product Liability Act remains unaffected. |
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11.3. The Customer shall indemnify QOTEC - König & Hauswirth OEG from any claims by third parties arising from non-conformity with the contract in the use of the software by the Customer. |
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Article 12 Limitation of action for claims by the Customer |
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12.1. Claims made by the Customer under article 9, or article 10, clause 1, b) are limited to a period of one year, subject to the clauses below. |
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12.2. The period of limitation for claims in relation to material defects or defects of title begins on the day of delivery of the software. For claims for compensation of damages or expenditure, the period of limitation begins on the day on which the Customer has become aware of the info@easyremotesupport.com www.easyremotesupport.com issue on which the claim is based, or should have reasonably become aware of this issue. |
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12.3. Claims for refund based on withdrawal from the contract and/or repayment of renting fees or reduction are subject to a period of limitation of three months from the date of the valid written declaration of withdrawal or reduction. |
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12.4. All claims are subject to the statutory maximum periods of limitation. |
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12.5. For claims based on breach of warranty, or on malice, intent or gross negligence on the part of QOTEC - König & Hauswirth OEG, and for personal injury claims and claims made under the Product Liability Act, the statutory periods of limitation apply. |
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Article 13 Data protection |
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13.1. QOTEC - König & Hauswirth OEG and the Customer undertake to comply fully with all applicable data protection regulations. The parties shall require all personnel in charge of the processing of personal data to sign a confidentiality agreement in accordance. When collecting, processing or using personal data, the parties are obliged to take all technical and organisational measures necessary to ensure the protection of the personal data as required under the Data Protection Act. |
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13.2. If QOTEC - König & Hauswirth OEG, as part of its contract with the Customer, processes or uses personal data, this is done only at the request of the Customer in accordance. QOTEC - König & Hauswirth OEG shall thus process or use personal data only if this is required for the fulfilment of the contract, and only on the instruction of the Customer. If QOTEC - König & Hauswirth OEG is of the view that an instruction by the Customer is in breach of the data protection regulations, it shall notify the Customer of its opinion. |
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Article 14 Involvement of third parties |
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14.1. In order to meets its contractual obligations,QOTEC - König & Hauswirth OEG shall be entitled to avail of the assistance of third parties (subcontractors). In this case, QOTEC - König & Hauswirth OEG shall be liable for the actions of the subcontractor, subject to the limitations and restrictions laid down in article 10. |
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Article 15 Final clauses |
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15.1. Any disputes arising in connection with a contract between QOTEC - König & Hauswirth OEG and the Customer shall be settled before a competent court in Mödling, Austria, provided that the Customer is a registered trader, a legal entity under public law, or a special asset governed by public law, or if the Customer is not located in Austria. |
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15.2. All agreements and contracts are governed by Austrian Law. |
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