We provide our services exclusively on the basis of our General Business Terms and Conditions. The Business Terms and Conditions of our customers (Contracting Partner) are invalid, even when these remain unchallenged by us. Any other agreements shall require the written form, as shall a departure from this obligation to use the written form.
We provide a variety of programmes (“Tools”) for use by our customers, whereby the nature and scope of said programmes, as well as the costs associated with their use, are stated in the corresponding description on the website. We divide our products into 3 product categories: tools that are free-of-charge, with or without registration, and tools subject to payment of a charge, with registration. Whilst the free-of-charge programmes can be used in this respect without the payment of a fee, the use of free-of-charge tools requiring registration, is subject to restrictions according to the description on the website. We shall be entitled to disable customer access in the event that the customer does not use a free-of-charge programme requiring registration for more than 365 days.Programmes subject to a charge can be used in accordance with the description after payment of the usage fee. Access shall only be granted when the amount in question has been credited to our account. The customer shall, following payment, in each case receive an electronically delivered invoice in PDF form, which shall, unless agreed otherwise, be sent to the Email address provided during the registration process. The user fee is, in each case, to be paid on a yearly basis, in advance for a year ( 365 days).
Contract Term / Termination / Fee
The contractual relationship shall be concluded for an indefinite time period and can be terminated by each contracting party, in each case at the end of the respective current contractual year by means of a registered letter, subject to the observation of a three month notice period. The contractual year shall be deemed to be the time period of 365 days from the initial granting of access to the customer (following payment of the annual fee). The customer shall, in each case 4 weeks prior to the expiry of the current contractual year – provided that a timely notice of termination has not been given – receive a notice to pay the user fee for the ensuing contractual year, and shall be obligated to transfer the prescribed sum within 14 days. Should the prescribed amount not be received by us at the latest by the start of the new contractual year, we shall be entitled to disable the customer’s access.
We are authorized to adjust the user fee each year in order to take into account general price increases or other market changes and economic conditions, for example an increase in the Hoster’s fee. The customer shall be given adequate notice of any price increases by Email in order to give him an opportunity to submit timely notice of termination.
Warranty / Liability
Our programmes were created using the greatest possible care. Notwithstanding this, the customer hereby acknowledges that it is not possible, using current state of the art technology, to create software that will function in all applications without interruptions, and at all times without errors.
A liability on our part is precluded for damages arising in the case of slight negligence. Our liability shall be limited to gross negligence or premeditation, provided that a limitation of liability is not inadmissible according to statutory provisions. Insofar as liability is precluded or limited in scope, this shall also be applicable to our employees, workers, personnel, legal representatives and vicarious agents. The customer shall have the opportunity to send us reports via Email documenting any defects and damages (date, time, nature of defect /error and how this was caused or became known etc.). Should, where applicable, the customer not immediately and comprehensively inform us regarding deficiencies and damages, and we are, as a consequence thereof, unable to carry out immediate inspection and monitoring work, any liability on our part for the asserted defect or damage shall cease to be applicable. We shall not bear responsibility for any type of force majeure, and for unforeseeable events such as fire damage, flooding, electrical power outages, extreme weather, failure or interruption of internet connectivity, acts of war, insolvency or technical problems that occur at the Hoster etc. and said events shall not, in any event, trigger any compensation claims. A liability on our part is precluded for any loss of data.
The programme is installed at the Hoster www.xentos.de and the GBT&Cs of said Hoster shall also be applicable to the present contractual relationship. Programme availability shall be 5 % lower than that guaranteed by the Hoster, in order to provide time for the remedying, where applicable, of programme deficiencies or for software maintenance. The customer conditions and obligations called for by the Hoster on the basis of its GBT&Cs must be strictly observed by our customers.
We endeavour, to the extent that this is technically and organisationally possible for us, to store the data disclosed to us by our customers in such a manner that it cannot be accessed by third parties. We would like to point out that data transfer via the internet (e.g. communication via Email) can pose security risks. Comprehensive protection of data against access by third parties is not possible. We hereby explicitly object to the use by third parties of the contact data published within the framework of the obligation to provide an imprint, for the transmission of non-explicitly requested advertising and information material. The site operator expressly reserves the right to take legal action in the event of an unsolicited transmission of advertising information, for instance using spam mail.This website uses Google Analytics, a web analysis service from Google Inc. (“Google”). Google Analytics uses so-called “Cookies”, text files, which are stored on your computer and which enable an analysis of your usage of the website. The information generated by the cookie about your usage of this website is, as a general rule, transferred to, and stored on a Google server in the USA. In the event that IP anonymization is activated on this website, your IP address is, however, shortened by Google prior to this within European Union member states or within States party to the Agreement on the European Economic Area. The full IP address is only transmitted to a Google server in the USA and shortened there in exceptional cases. Google uses this information on behalf of the operator of this website to evaluate your use of the website, to compile reports concerning website activities and in order to provide the website operator with further services associated with website and internet usage. The IP address transmitted from your browser within the framework of Google Analytics is not combined with other data from Google. You can prevent the storage of cookies by appropriate adjustment of your browser software; we would, however, like to point out that you may not, in this case, be able to fully use all of the functions of this website. You can furthermore prevent the collection of the data generated by the cookie and pertaining to your use of the website (incl. your IP address) by Google, as well as the processing of this data by Google, by downloading and installing the browser plugin that is available via the following Link. By using this website, you consent to the processing of the data collected by Google about you in the aforementioned manner, and for the aforementioned purpose.
Newsletter / Notifications
Upon registration for the use of a tool requiring registration, the customer automatically becomes a recipient of our newsletter. The customer can, however, at any time choose to discontinue this subscription. Because this newsletter, however, provides customers with information concerning programme modification and supplementation, as well as news items, we recommend that you do not cancel the newsletter. We comply with our customer notification obligation by provision of information via the newsletter, as well as its publication on the website. The customer is not entitled to receive separate notification (other than by means of the newsletter or publication on the website) concerning modifications, additions, adaptations of the programmes and/or amendment of the GBT&Cs and price changes.
The respective competent court in Graz shall have jurisdiction for the settlement of all disputes arising from the present concluded contract. Notwithstanding this jurisdiction agreement, we shall nevertheless also be entitled to assert claims against our customer at the court with jurisdiction for the customer.
This contract shall be governed exclusively by Austrian substantive and procedural law, this with an exclusion of the UN Convention for the International Sale of Goods.
Revocation right, imprint and data according to the e-Commerce Act
You can revoke your contractual declaration within 14 days in text form (e.g. by letter, fax or Email) without provision of grounds, or – if the item was sent to you prior to the expiry of this deadline – by simply returning the said goods. The grace period shall commence upon receipt of this instruction in text form, though not before receipt of the goods by the recipient. Timely dispatch of the revocation, or of the item shall be sufficient for due compliance with the revocation deadline. The revocation should be sent to:Bartelt Gesellschaft m.b.H.
In the event of a valid revocation, any services and payments received by both parties are to be returned and any profit derived therefrom (e.g. interest) is to be surrendered. If you are unable to restore or surrender the received service and usages to us, whether in full or in part, or only in a deteriorated state you shall be obliged to compensate us to an appropriate extent. You shall only be only be obliged to provide compensation for a deterioration of the item and for derived usage insofar as said usage or deterioration is attributable to a handling of the item exceeding that which is necessary to test its characteristics and functionality. “Testing of characteristics and functionality” shall be understood to mean testing and trialling of the respective goods that is possible and customary within a retail outlet. Items that can be dispatched in package form must be returned to us at your expense and risk. Payment reimbursement obligations must be discharged within 30 days. This grace period shall commence for you upon dispatch of your revocation declaration or of the item, for us with its receipt by you.
Your revocation right shall expire prematurely in the event that the contract has, at your express wish, been completely fulfilled by both parties prior to the exercising of your right of revocation.
The operator’s data and the data required under the e-Commerce Act, are provided in separate notes on the website.
Should individual conditions of these GBT&Cs be/become invalid through case law evolution, or as a result of changes in the legislative environment, a legally admissible provision with a meaning that most closely approximates that of the obsolete provision shall be applicable. The respective limited provisions of the Austrian Consumer Protection Act that are mandatorily required by law shall be applicable to consumers.