§1 Preamble
The company luschnitz.com e.U., Reinhold Luschnitz, Trautenberg-Straße 21, 2651 Reichenau an der Rax, Austria (hereinafter referred to as "CONTRACTOR"), offers companies (hereinafter referred to as "CUSTOMERS") development, consulting, support and (e-learning) trainings as well as digital products (software) (hereinafter referred to as "Services").
| Clarification: The CONTRACTOR does not trade in licences of a software manufacturer (e.g. "Qlik"). The CUSTOMER shall not be responsible for the use of the "Qlik" software. In this respect, the CLIENT shall contact the software manufacturer (or its distributors) and, if applicable, comply with the licence conditions of "Qlik". |
These General Terms and Conditions (hereinafter referred to as "GTC") are addressed to companies within the meaning of § 1 para 1 no 1 KSchG (or Art 2 no 2 of Directive EU 2011/83/EU). If the user is a consumer (within the meaning of Section 1 (1) (2) or Section 1 (3) of the Consumer Protection Act), the CUSTOMER should be contacted separately. The PURCHASER will be happy to find a solution for you (and take into account the corresponding information obligations [e.g. in the sense of the FAGG and KSchG]).
For the sake of better readability, no gender-specific differentiation is made. This is done without any intention of discrimination.
§2 Scope of application
These GTC govern the contractual relationship between the CONTRACTOR and the CLIENT.
If applicable, the CLIENT shall separately accept the licence conditions of the manufacturer's software (e.g. "Qlik").
In the event of a contradiction, these GTC shall supersede the terms and conditions (GTC, delivery conditions, etc.) of the CLIENT.
The business and contractual language is German.
These GTC can be used in the online shop of the CUSTOMER as well as be attached to an individual offer. These GTC form an integral part of the contractual relationship between the CUSTOMER and the CLIENT.
§3 Duties of care
The CLIENT is obliged to provide true and complete information in the course of the business relationship and to keep its data up to date at all times. He shall treat his data confidentially. If the CLIENT suspects misuse by third parties, he shall inform the CUSTOMER thereof without delay.
The CLIENT shall refrain from any action that could jeopardise or impair the technical provision of the CUSTOMER's digital content (including cyber attacks). Such behaviour will be legally prosecuted.
The CLIENT shall take suitable precautions to protect the services of the CUSTOMER from unauthorised access by third parties. He shall inform his employees or persons similar to employees that use beyond the contractual scope is not permitted.
It is the responsibility of the CLIENT to create the necessary electronic infrastructure (in particular e-mail account as well as hardware and software infrastructure) for the use of the services of the PROVIDER. The PROVIDER shall have no obligation to provide information or advice in this respect.
§4 Offer, conclusion of the contract, commencement of the payment obligation and amount of the fee
By clicking the button "Order now subject to payment" and entering the required data in the input mask in the web shop or an individual offer to the CUSTOMER, the CUSTOMER makes a binding offer to conclude a contract with the CUSTOMER. The CUSTOMER is not obliged to accept this offer, but will confirm receipt of the offer ("order confirmation"). The acceptance of the CUSTOMER's offer, and thus the conclusion of the contract, is effected by the CUSTOMER by making the service available to the CUSTOMER digitally or physically, or by a firm acceptance of the offer ("Order Confirmation"). It is also possible that the order confirmation and order confirmation coincide in time.
§5 Payment modalities
The amount of the fee results in each case from the offer of the CONTRACTOR. The prices quoted are in EUR. In case of doubt, value added tax is not yet included. As a rule, prices are therefore to be understood as net prices. The amounts stated at the time of ordering shall apply in each case.
Unless otherwise agreed, the CONTRACTOR shall charge for its services according to the actual work performed, whereby its stated hourly rate shall apply. If the CONTRACTOR provides a cost estimate, this is not binding and therefore without guarantee.
For additional work not already covered by a lump sum, the CONTRACTOR shall receive a fee according to the time spent on the basis of an hourly rate.
Expenses and costs for content which the CUSTOMER procures from third parties in the interest of the CLIENT (e.g. licence costs for software, fees for web servers) shall be reimbursed separately by the CLIENT immediately after invoicing.
Unless expressly agreed otherwise, the remuneration shall be due upon receipt of a proper invoice.
If the claims are not paid in due time, the CUSTOMER shall charge the statutory interest on arrears within the meaning of § 456 of the Austrian Commercial Code (UGB) from the due date. For reminders, an expense allowance of EUR 40.00 per reminder may be charged. In the event of default in payment, the CUSTOMER shall be entitled to restrict or block access to services.
The CUSTOMER is entitled to adjust all prices to the current consumer price index once a year on 1.1. or 1.7. The Austrian consumer price index at the time of conclusion of the contract, available on the website of Statistics Austria, shall be the reference.
The CUSTOMER is entitled to increase the fee if this is objectively justified (e.g. increase of cash expenses or costs). In the event of a significant price increase, the CLIENT shall have the right to terminate the contract extraordinarily if he is substantially disadvantaged by the price increase.
§6 Rights of exploitation
Unless otherwise expressly agreed in writing, the CUSTOMER shall remain the owner of all rights to use works (within the meaning of § 24 para 1 second sentence UrhG) in works created by him. The information and working documents exchanged by him shall furthermore qualify as business secrets pursuant to § 26b UWG.
The CUSTOMER grants the CUSTOMER a non-exclusive licence to use its services (within the meaning of Section 24 (1) first sentence UrhG), limited in time, content and location for the purposes of the business relationship.
Resale of the CONTRACTOR's services is prohibited and requires the express consent of the CONTRACTOR.
Sub-licensing of the CONTRACTOR's services is prohibited and requires the express consent of the CONTRACTOR.
The CLIENT may not make any changes to the CONTRACTOR's services without the CONTRACTOR's consent, unless something to the contrary arises from the contractual relationship.
Markings of the CONTRACTOR's services, in particular copyright notices, trademarks, serial numbers or similar may not be removed, changed or made unrecognisable.
§7 Consulting and training services
If the CUSTOMER offers services in "blocks" (e.g. 10 units), the customer has no right to withdraw from individual partial services from this block or to demand a partial fee back in the event that this block is not fully utilised or consumed. The CUSTOMER is entitled to invoice the total fee for the "blocks" once in advance. All units of a block must be consumed within one year of payment for the block (with the exception of subscription services, where the validity is determined by the duration of the subscription, e.g. monthly access to the Elearning portal). The preceding provisions may also be modified individually for specific orders.
In the case of agreed service units, the CLIENT has the right to withdraw up to 24 hours before the agreed date without any payment obligations (cancellation fees). However, if the CLIENT cancels the agreed service unit within 24 hours of the agreed date or wishes to postpone it at short notice, the CUSTOMER shall be entitled to the full fee for this date. This does not apply if the CLIENT can prove (e.g. by means of a medical certificate) that the appointment cannot be kept at short notice due to illness or force majeure and that it was not possible for him/her to notify this circumstance at an earlier time. As a rule, no extension of the meeting time is possible in case of late arrival.
Registration for the services can be made online via the web portal or analogue and is binding. In the case of training or elearning, separate registration is required for each participant. Rebooking for another service date is possible in justified cases after consultation with the contractor. The service is secured by timely receipt of payment. If no payment is received within 14 days of registration, the service will be cancelled. In any case, the full payment must be received at least 14 days before the service unit, unless otherwise agreed.
Cancellation policy
First of all, it is clarified that this cancellation regulation always refers only to the specific service unit. It has decidedly no effect on any framework agreement or the overall order.
If the CLIENT does not wish to or is unable to participate in an agreed service, he/she may cancel the registration under the following conditions:
To be entitled to a refund of service charges, notice must be given before the service unit to:
- office@luschnitz.com
resp.
- luschnitz.com e.U., Trautenberg-Straße 21, A-2651 Reichenau an der Rax
take place. The date of receipt of the respective medium (e-mail, post) shall be deemed to be the date. Up to four weeks before the service date, 25% of the fee shall be retained, up to seven days before the service date 50% and if less than seven days before the service date 75% of the fee shall be retained (cancellation fee pursuant to § 909 ABGB). Alternatively, a substitute participant can be provided by the CLIENT, whereby the cancellation fee is waived. In case of non-appearance of a registered participant or in case of premature termination of a registered participant, the full fee will be retained.
If the minimum number of participants is not reached, in the event of illness or the occurrence of other circumstances which make it impossible for the CONTRACTOR to hold this service unit, it may be cancelled. All payments already made will be refunded in full. Beyond this, there are no further claims for damages against the CONTRACTOR.
§8 Support services
Support requests are to be sent by e-mail to the address support@luschnitz.com or via the integrated contact form of the application in an understandable and comprehensible manner.
The CONTRACTOR shall endeavour to respond to requests within 48 hours.
Enquiries will only be answered during the following periods on working days:
- Monday to Thursday: 09 am to 5 pm
- Friday: 09 a.m. to 1 p.m.
§9 Duties to cooperate
The CLIENT is obliged to cooperate to the extent necessary for the use of the services. Any failure on the part of the CLIENT to do so shall not be at the expense of the CUSTOMER and in particular shall not reduce the CUSTOMER's claims to remuneration.
§10 Service disruptions
If the CUSTOMER is temporarily unable to provide services for reasons beyond its control (e.g. power failure, cyber attacks, force majeure, problems with 3rd party software, server maintenance), the CUSTOMER's (full) payment obligations shall remain unaffected. This also applies with regard to necessary maintenance work.
§11 Liability for damages and warranty
The CONTRACTOR's liability for slight negligence is excluded. The liability is generally limited to the amount of usually foreseeable damages.
The CONTRACTOR's liability for loss of profit and indirect damage to the CLIENT is excluded.
This limitation of liability does not apply with regard to intentional damage.
Warranty claims shall become statute-barred within six months of the provision of the services. Obligations to give notice of defects within the meaning of § 377 of the Austrian Commercial Code (UGB) must be complied with.
The CUSTOMER shall not be liable for any unlawful use of the services by the CLIENT (see item 13).
§12 Indemnity and hold harmless
Should a claim be made against the CUSTOMER by a third party due to the unlawful use of its services by the CLIENT, the CLIENT undertakes to indemnify and hold the CUSTOMER harmless upon first request.
§13 Involvement of subcontractors
The CONTRACTOR may use subcontractors (vicarious agents according to § 1313a ABGB) for the performance of its obligations under this contract.
§14 Changes to the GTC
The CUSTOMER is entitled to amend these GTC at any time. The PURCHASER shall inform the CLIENT of such amendments by sending the amended GTC to the email address last notified to the CLIENT. The CLIENT has the right to object to this amendment. If no objection is made by the CLIENT within 14 days of this amendment being sent, implied consent to the amendment of the GTC shall be assumed. Unilateral and factually unjustified changes to the GTC cannot be implemented in this way. This does not affect a price adjustment within the meaning of point 5.
§15 Data protection and protection of business and trade secrets
The disclosure of data and information to the respective required business partners is permitted to the extent necessary for the fulfilment of the contractual relationship (Art 6 para 1 lit b DSGVO). Otherwise, the CUSTOMER and the CLIENT shall be mutually obliged to maintain secrecy with regard to the circumstances and data relating to the other of which they become aware as a result of the present business relationship and, in particular, to comply with data secrecy (as defined in Article 6 DSG). These obligations regarding data and business secrecy shall also apply beyond the contractual relationship. The CUSTOMER and the CLIENT further undertake to instruct and instruct their employees and vicarious agents in this sense.
The CUSTOMER draws attention to the fact that personal data of the CUSTOMER may be processed for advertising purposes on the basis of legitimate interests (Art 6 para 1 lit f DSGVO). The CLIENT may object to the processing of his/her data for advertising purposes (Art 21 (2) DSGVO).
Further information on the processing of personal data can be found in the privacy policy:
[https://www.luschnitz.com/datenschutz].
§16 Reference clause
The CUSTOMER is entitled to indicate the fact of the business relationship with the CLIENT by means of a reference on its website, unless the CLIENT objects to this. He is (exclusively) entitled to use the CLIENT's logo in this context. This right also exists beyond this contractual relationship.
§17 Duration of the contractual relationship
The CUSTOMER is entitled to identify the fact of the business relationship with the CLIENT by means of a reference on its website, unless the CLIENT objects to this. The contractual relationship with the CLIENT is concluded for an indefinite period in the case of a continuing obligation. It may be terminated by either party subject to a notice period of 14 days before the next payment date.
This does not affect the right to extraordinary termination.
This does not affect the right to extraordinary termination.
§18 Place of jurisdiction and applicable law
This contractual relationship shall be governed by and construed in accordance with Austrian law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) and of conflict-of-law rules is excluded.
The exclusive place of jurisdiction is the competent court in Neunkirchen, Austria.
The place of performance shall be the registered office of the CONTRACTOR.
§19 Other
Imprint
office@luschnitz.com