The terms of trade of Internet DienstleistungsGesmbH - in the following called ID - count for all services and deliveries, which ID produces for the client. Changes need the written confirmation through ID. This terms are binding also for all future businesses, even when is not stipulated explicitly. Additional to this terms of trade the "General conditions for services in information-technology by computer-centers, published from the trade association of businessconsulting and data processing (Allgemeinen Bedingungen für Dienstleistungen in der Informationsverarbeitung durch Rechenzentren, herausgegeben vom Fachverband der Unternehmensberatung und Datenverarbeitung, Wirtschaftskammer Oesterreich) in the current poise.
The terms of trade can be changed by ID with an appropriate notice. If the party to the contract should not contradict within two weeks in written form, changes are binding. At written, in time contradiction on the part of parties to the contract ID is legitimated, to terminate the contract.
Duties from contracts, which are based on the terms of trade, are also binding for any successor in interest of ID.
Contracts and agreements shall be governed by the laws of Austria.
Jurisdiction for all from or in connection with the business emerging conflicts is the court having jurisdiction for ID. ID is legitimated, to bring an action against client at any court, also at the court having jurisdiction for client.
The inefficiency of individual determinations does not touch the legal effect of the remaining determinations of these terms of trade or other legal acts between ID and client. From the circumstance, that ID do not exercute one or more rights, this is not a legal renunciation of these rights. UN-consumer-rights is not in force.
Place of performance is for both parts Vienna.
Client agrees to adhere to Austrian laws also in international data-exchanges and to report offense againt law immediately to ID. Client agrees to keep away every damage caused by Client with data or messages (e.g. defamation, copyright, media-law)
All messages, declarations, statements and changing of any terms can only be legal in written form and become legal only if receiver did not contradict.
For the completion of contract ID may give orders to subcontractors. The position of ID as party to the contract with Client remains untouched.
Client is liable for all consequences and disadvantages to ID, which emerge through illegal or improper use of services provided by ID. Parents or legal guardian are liable for minors.
ID can cancel a contract immediately, if: * Client delays payments - or - * Client offends contract or terms of trade - or - * there is a settlement- or bankruptcy proceeding or a such process is rejected by court - or - * Client provided incorrect information or concealed information, at their knowledge ID would have rejected from signing a contract with Client.
ID can cancel free services at any time and without notice and without claims of Client to ID.
The Copyright of all webpages (internet-pages) and their content and design/layout is by ID, if not mentioned otherwise.
ID is authorized to put a remark and link to ID on every internet-page programmed by ID.
For free services of ID: ID is authorized to put an advertising banner on every internet-page programmed by ID for Client. These banners are market-usual in size, design and technology. ID is authorized to advertise Clients webpages, which are programmed by ID.
Translations of texts are accomplished by ID with utmost care. A guarantee for a faultless translation can not be given however. ID is not responsible for damages caused by wrong, inaccurate or misleading translations.
Terms for durably or regularly provided servies
The notice of cancellation of a contract is 6 weeks. The contract is terminated respectively to the end of a month. Both partners can cancel contract without statement of reasons.
ID reserves itself the right to change prices.
The use of services of ID through thirds or transmission of ID's services to third parties needs the written consent of ID. Client will not permit access to ID or ID's network or ID's computers to third parties. Client will keep passwords confidential. ID will replace forgotten passwords against compensation. Client will report every suspicion of a prohibited use of ID's services to ID immediately. Client agrees to observe the internationally usual rules of conduct. At counteracting ID can cancel services without statement of reasons.
ID provides services with utmost care. ID can not guarantee a 100% availability of services. ID is not liable for any interruptions and damages caused from interruptions or damages of any kind, which are caused through an enterprise on behalf of ID.
The compensation is not reduced because of short-term restraint of services because of maintenance or similar.
ID can block or stop services, if this is necessary on ID's opinion, to obtain legal condition (again) or to avoid a threatening illegal condition.
ID is not liable for any data or contents transmitted via ID or computers or networks of ID's partners and for data, which are achievable over ID's or partner's computers or networks. ID is not liable for any damages or lost profits within the meaning of the paragraph 9 of Austrian law (Produkthaftungsgesetz).
ID has no obligation to publish information submitted by Client in internet. ID reserves the right to abridgement or change, if there are doubts at the accuracy or correctness or a publication would be a violation of law or infringement or an injury of the honor or the moral feeling of persons or communities.
Hard- and software
The delivery of a software prepared by ID includes executable program code and program documentation, not source codes.
Software produced by ID is under restrictions of copyright law.
For hard- and software delivered by ID: there is no guarantee for continuous and faultless operation and compatibility to and cooperation with hard- and software of Client. Client has to describe all malfunction. ID does not guarantee, that all errors can be removed.
In the interest of utmost compatibility programmed static and dynamic internetpages or program-code of these internet-pages should be feasible with market-established viewers, socalled browser-software, faultlessly representable. Software-plug-ins are not supported in principle, except when committed otherwise.
Above mentioned internet-pages or equivalent program-code are programmed according to worldwide established standards or at country-specific solutions to established standards in this country. Example: Supported version of a programming language like HTML. The measure of demands to quality (quality-charter) is the WorldWideWeb-Consortium W3C (www.w3.org).
Complaints have to be reported in written form within one week after acceptance by Client.
There is no warranty, if changes are made by of third parties or the Client are undertaken, namely not by ID.
Prices and payment
Prices in online-offer include sales-taxes, not shipping costs and not import-taxes or import costs. Import taxes or import costs are at the expense of Client.
Periodical compensations are to be paid in advance.
All payments have to be made promptly after receipt of invoice, at cash on delivery even before receipt of goodies. ID reserves the right, to stop or block services after written notice to Client until payment is completed. ID reserves the right, to charge resulting costs from delay of payment as well as interest on arrears up to the amount of 6% over the bank-rate of the Austrian Nationalbank.
The mutual balancing of open demands facing of each other is not permissible.
Claims of Client to ID may not be transmitted by Client to third parties.
Client agrees a debit of committed or changed compensation in case of the payment via creditcard or automatic wire-transfer (Bankeinzug).
At orders via internet only those prices are valid, which are submitted in order-confirmation submitted by ID to Client. For all other orders the prices at order-timestamp are binding, if not mentioned otherwise.
Payments have to be made to bank-account written in ID's invoice. Payments are treated as done only when payment is received on this bankaccount.
ID is not obligated to accept of drafts or checks. In case of acceptance it is only accepted for payment. All cost with the redemption go at the expense of Client.
Statement to data protection
The data transmitted to ID for orders are only for business, from order to delivery. ID will not transmit data to third parties. An analysis of our datas through third parties will be done only with anonymized data.
If name, address, e-mail-address or other personal data should be published, then only with explicit permission by Client or by request of Client, which can be given for example at an Online-forum or in the visitor's guestbook.
Personal data for Online-business is transmitted with a secured method of transmission. Information for applications like guestbooks, chat, bulletin board will not be transferred securely. For unsecured transmitted information there is no obligation for insert personal information.
The use of our internet-pages means as consent to the use of the Client's transmitted data by ID.
Client agrees, that the data transmitted by Client to ID is processed and stored via computer and stored/filed in a customer-database.
Statement to online-offer
ID is not liable for not contents not programmed by ID like entries in guestbook, bulletin board. ID is not liable for damages.
This information transmitted by other persons than ID are marked as information from thirds and thus recognizable for online-visitors.
ID will remove information, which offend against law, immediately after knowledge of these information.
Availability and delivery of goodies
ID will deliver goodies ordered by Client after receipt of order as quick as possibly. Delivery dates, even when confirmed by ID, are are not binding.
Delivery of goodies only as long as the reserve extend.
If goodies are not available, ID is not liable for any damage.
A return of goodies compensation of expenses is not possible.
ID will exchange defect goodies without charge, if ID has indebted the damage.
Deliveries go from depot.
The delivery of the goodies go to the address Client has provided as delivery-address.
ID is legitimated to partly deliveries.
Contract with ID
Information in price lists, advertisements, catalogues, internet-pages, and others are not binding. ID reserves the right to change these data at any time.
Orders of the Client are solely as offer to the signing of a contract. For orders, which are transmitted via internet to ID, the timestamp of order is the receipt of order.
Parties to the contract, which consumers within the meaning of the Austrian law (Konsumentenschutzgesetz), can step back within a seven working days after receipt of goodies when ordered via internet.
This right of rescission does not exist for consumer goods after opening packaging or breaking seals and periodical services or subscriptions for documents/papers or internet-services. In this case an amount is only returned for not yet provided services.
The usability for ordered goodies for certain purposes part of order or contract.
ID is not liable for damages, except on intent or crude carelessness. ID is not liable for direct or indirect damages or lost profits from defective, undone or late delivery or performance.
ID is not liable for content of goodies (e.g. books, CDs,...) and for use in any country/state.
Goodies are delivered under explicit property reservation until complete payment is received by ID.
Before complete payment Client is forbidden to pawn goodies, to transfer goodies as security or provide any rights on goodies to third parties.
Client announces immediately to ID any execution by the court and other accesses of third parties hurting ID's legal status of property rights of ID. Client has to contradict immediately such measures under reference to property reservation.