YE concludes contracts and provides services solely on the basis of the written offers made by YE, as well as the currently valid version of any description of services included in the offer (eg individual documents or general folders), price lists and these General Terms and Conditions.
The descriptions of services, price lists and general terms and conditions apply, as far as they are not project specific (eg individual documents) for all legal relationships between YE and the client and are therefore automatically from the first contract conclusion to all other contracts between YE and the respective client in the respective latest version, even if these price lists, product descriptions and general terms and conditions are no longer explicitly referred to.
Changes in the descriptions of services, price lists and general terms and conditions of YE shall be communicated to the client in writing and shall be deemed to have been agreed if consumers do not object within four weeks or if the entrepreneur does not object within two weeks.
From the date of validity of the new agreement, the changes to the terms and conditions apply to all other ongoing contracts.
All forms of additional agreements, both before conclusion of contract and during the contract period, must be in writing in order to be valid. This applies to entrepreneurs also for the deviation from the written form requirement.
Contractual components on the part of the client
Even if YE knows about it, the requirements of the client regarding the content of the service will only become part of the contract if they are integrated into the offer by YE or otherwise expressly accepted by YE by reference to these specifications.
Legal elements coming from the client’s side, such as general terms and conditions or contract clauses, shall only become effective if YE is aware of them, if they are accepted by YE with an additional note expressly enclosing these legal texts (such as “GTC accepted”). Otherwise, YE expressly objects to the incorporation of legal elements, such as general terms and conditions or contract clauses, of the client.
The mere acceptance of specifications regarding the performance of the client by YE therefore does not cause the acceptance of legal texts of the client, even if these specifications include legal elements (such as “Our terms and conditions apply.”).
Procedure for contradictions
In the event of contradictions between the offer, any descriptions of services (project-specific documents, general documents), any price lists and the general terms and conditions of YE, these shall apply in the order named. The more individual components therefore automatically change the more general components of the contract.
In the event of contradictions between contractual elements of YE and contractual elements of the client, all contractual elements of YE shall prevail.
Offer by YE
Offers by YE to the client, for example: in the form of an individual offer to the client or a non-individualized offer such as an order form, catalog or web shop, are without exception subject to change and non-binding.
Offer by the client
If the client submits an order on the basis of an offer or also unsolicited, ie without previous offer from YE, eg for additional orders in current business relationships, then the contractor as entrepreneur is included in these two weeks or as a consumer for one week from the date of access YE tied.
Adopted by YE
The contract therefore only comes into effect after the acceptance of the order by YE.
The acceptance must always be made in writing, eg by order confirmation, unless YE, for example, by recognizing the client’s actions on the basis of the order, indicates that YE accepts the order.
A mere confirmation of the receipt of the order does not constitute an order acceptance.
Scope of services, order processing and cooperation obligations of the client
Place of fulfillment for entrepreneurs
Place of fulfillment is the domicile of YE.
The scope of the services to be provided is based on the written performance description of YE resulting from all parts of the contract. Information not included in the offer from other sources (eg presentation documents, websites or catalogs) are not part of the terms of reference.
The client is obliged to check the specifications for conformity with his requirements and for completeness. After placing the order, changes to the terms of reference are only possible by mutual agreement and may, in particular, lead to changes in prices, deadlines and deadlines.
Unless the written service description otherwise provides, YE owes a professional execution in accordance with the date of the offer. Within the framework of the written service description, YE has freedom of design when performing the services, as far as several professional possibilities exist.
To the extent that this is consistent with the objectives of the assignment, YE shall be entitled to deviate from the Terms of Service and to replace benefits with other equivalent services.
YE is entitled to carry out the services itself or to use knowledgeable third parties in providing the services (external service).
Agreed external services
In the event that the provision of a service as an external service is agreed with the customer (agreed third-party service), the contractual obligation consists exclusively in the provision of a third party. Therefore, YE is only obliged to select someone else who arranges the service on the basis of a separate contract with the client in the case of agreed third-party services.
YE is entitled to commission third party services at its own discretion, either in its own name or on behalf of the client, as well as on its own account or for the account of the client. If YE concludes the contract in its own name and / or on its own account, this is done exclusively in the interest of the client for the purpose of simplified contract and payment processing. The third party is therefore not engaged in pursuing YE’s interests and is therefore not included in YE’s interest-seeking program and therefore not in YE’s risk area.
YE is therefore not obligated to provide the concrete service for agreed third-party services.
As the performance of YE consists solely of the provision of a third party, the client is obliged to intervene at any time from YE in the contract concluded by YE with the third party regarding agreed third-party services and to indemnify and hold YE harmless from this contractual relationship.
For divisible services YE is entitled to make partial deliveries.
The client must collect all services ordered from YE or transferred to YE for processing on time. In the event that the pickup is not timely, YE is entitled to dispose of the services after three months for entrepreneurs or six months for consumers, at the expense of the client.
Dates and deadlines
Any dates or periods specified by YE are non-binding, unless expressly marked as binding.
Contracts for an indefinite period may be terminated subject to a minimum period of notice and 4 weeks prior to the end of the month.
Unpredictable or unavoidable events
Unpredictable or unavoidable events – in particular default of the client in fulfilling its obligations as well as for YE unforeseeable and unavoidable delays in YE or the YE contractors – extend deadlines or postpone dates by the duration of the unforeseeable and unavoidable event plus the duration of such event Case necessary organizational measures. YE must inform the client in writing of this.
Obligation to cooperate of the client
The Client shall promptly notify YE in writing, without further notice and in a processable form, of all information and provide all services necessary for the performance of the Services by YE.
These include, in particular, the provision of a contact person for contract execution, the provision of documents, materials and facilities, the coordination of order details and the acceptance (approval) of partial services and services.
If the necessity of the provision of information or services by the client becomes known only during the performance of the services by YE, the client must provide them immediately.
The client must check the information and services provided by him personally for their suitability, correctness and legality.
The client is liable for all damages resulting from defective, delayed or omitted participation of the client, and in particular also for the YE resulting additional expenses. If YE can not perform the services as agreed upon due to defective, delayed or omitted cooperation of the client, YE is entitled, without prejudice to other rights, to suspend performance of the service, to insert other services for other clients and to perform services for other clients only after completion of these services the client, insofar as he has fulfilled his obligations to cooperate until then, whereby all deadlines and deadlines move.
If YE is claimed by third parties for infringement of rights in connection with information or services provided by the client, then the client must also indemnify and hold YE harmless and defend against possible claims of third parties.
Interventions of the client
If the client intervenes unilaterally in the services of YE and makes changes, he is liable for the resulting additional work of YE, eg for review, documentation, determination of deficiencies, allocation of defects, correction of defects.
Inspection obligations of YE
YE is solely responsible for ensuring that the services provided by YE are not unlawful per se (eg use of a copyrighted work without the author’s consent).
However, YE has no obligation to legally review the services provided by YE for any infringement of third party rights or for possible violations resulting from the intended use of the client (eg the use of a logo as a logo). The client has to carry out these legal examinations, especially in administrative, criminal, competition, trademark, trademark, trademark, copyright, personal and data protection law terms, or have them carried out by a suitably trained legal expert.
To the extent that YE points to the need for additional legal review of performance, including with respect to other rights or other risks prior to placing or placing new order details on the order, liability for conducting such legal review of other rights or taking such risks becomes incumbent in the event that YE had provided information or inspection obligations to the client. The performance of YE is therefore considered to have been performed in accordance with the regulations and as agreed.
YE is entitled to refer to YE and possibly to any other creator on all services provided by YE for the client and, subject to any written revocation within the framework of YE’s own advertising material, such as name and logo of the client, project description, project illustrations and the like to use as a reference or as an indication of the business relationship with the client, without the client being entitled to any compensation for this.
Confidentiality & Abwerbeverbot
The client has to keep all known confidential information about YE, their projects and their other clients secret and may not use these for themselves or for third parties. This Agreement will survive any termination of the Agreement. In the event of a breach of this obligation, a penalty of EUR 50,000.00 per offense must be paid.
The client may not solicit other clients or employees of YE. This agreement is valid for three years beyond the end of the contract. In the event of a breach of this obligation, a penalty of EUR 50,000.00 per offense must be paid.
All prices are from the place of business or office of YE for contracts with entrepreneurs in Euro plus VAT, for contracts with consumers including VAT at the statutory rate.
Quotations from YE are not binding.
Consumers must first be made aware of the non-binding nature of the cost estimate before delivery.
If, after having submitted a non-binding estimate, it is foreseeable that the actual costs will exceed the estimated costs in writing by more than 15%, YE shall advise the Client in writing of the higher costs. The cost overrun shall be deemed to have been approved by the client if the client does not object in writing within one week of this notice and at the same time announces a more cost-effective alternative in writing with the objection. In the event of a cost overrun of up to 15% no separate notice is required. This cost overrun is considered by the client from the outset as approved.
All services provided by YE that are not expressly compensated by the agreed fee, in particular any additional services agreed later, will be remunerated separately.
YE is entitled to demand cost advances to cover its own expenses.
YE is entitled to charge partial services.
In the event that the client withdraws from his order without grossly negligent or intentional fault of YE in whole or in part, YE still deserves the agreed fee. In this case, YE only has to allow for savings from purchases that have not yet been made. The same applies if YE withdraws from the contract for an important reason in the sphere of the client.
For indefinite term contracts and auto-renewal contracts, YE is entitled to make an appropriate annual price adjustment, taking into account factors such as inflation, consumer and producer price index, collective bargaining, currency fluctuations and similar external factors beyond YEU’s control.
Also, YE is otherwise entitled to make a reasonable price adjustment for individual services after conclusion of the contract, if the costs of these services increase by more than 5% without YE being able to influence this. Consumers are also entitled to a reduction in remuneration if the opposite conditions prevail.
YE’s invoices are due without deduction from the date of invoice. The provision of services is generally only after full payment.
The invoices of YE are payable within 7 days from receipt of the invoice.
Prohibition of offsetting and retention
Clients who are entrepreneurs are not entitled to offset their own claims against claims of YE, even if the claims are related, unless the claim of the client has been acknowledged in writing by YE or judicially determined. A right of retention in favor of clients who are entrepreneurs is excluded.
In the event of late payment, in the case of contracts with entrepreneurs, the legal interest between traders, but at least 9% per annum, in the case of contracts with consumers, is to be paid at the rate of 9% per annum. The client shall bear all costs and expenses associated with the collection of the claim, in particular collection charges or other costs necessary for an appropriate legal action.
Continued late payment
After unsuccessful reminder of the client setting an at least 7-day grace period, YE may immediately pay all services and partial services already rendered, including within the framework of other contracts concluded with the client, and the provision of services not yet paid until full payment of all outstanding fee claims to adjust.
After fruitless expiration of another week, YE is entitled to withdraw from all contracts and to demand the replacement of the lost profit in addition to the payment of the already provided services. Thus, YE is also entitled to refrain from executing or discontinuing services already paid, provided that savings result from the termination of the service and the savings are offset against the outstanding receivables. Irrespective of these options, YE can, of course, also file a complaint with the court immediately after expiry of the due date.
payment by installments
Insofar as YE and the client conclude a installment payment agreement, the loss of time shall be deemed to have been agreed in the event of late payment of even one installment.
Passing of risk with entrepreneurs
When shipping goods, the risk always passes to the customer as soon as YE has handed over the goods to the transport company. The shipment of goods is generally uninsured unless the customer has commissioned YE to insure the goods at his expense.
Complaint obligation with entrepreneurs
Upon request of an interim acceptance by YE, after transfer and after commencement of live operation, the client shall in any case accept (“release”) or surrender the delivered or accepted services in writing within 8 days or in writing.
In the case of an interim acceptance, the further work by YE can only take place after the interim acceptance / “release”. In the event of late acceptance or notification of defects, the services are automatically deemed accepted by the client.
Hidden defects or damage that occurs only after expiry of 8 days, but within open warranty, warranty or compensation periods, are also to be notified by the client within 8 days from recognition.
The obligation to complain is subject to all defects or damages which the client would have to recognize with the due care of a proper entrepreneur with appropriate control. The control has to comply with a final, detailed and particularly careful control in interim acceptance due to the special importance of interim acceptance to avoid defects, which then go through all other performance steps. At the time of delivery, the control has to comply with a first but nevertheless exact control. When taking up live operation, the control must again be subject to a final, detailed and particularly careful control due to the particular importance of recording live operation to avoid damage during operation.
The customer’s complaint must describe the defect or damage in detail and comprehensibly. In the case of defects or damages that do not occur constantly, the exact times and conditions of occurrence of the defects or damage must be stated. The client must enable YE to take all necessary measures to investigate and remedy the defects or damages. In case of late notice of defects by the client, the assertion of warranty, warranty and claims for damages as well as claims based on other liability regulations, in particular recourse claims, of the client is excluded.
Insofar as service parts of the contractor have a guarantee granted by a third party, this guarantee must be performed directly with the third party (eg manufacturer’s warranty).
In the case of a guarantee commitment by YE, the period for claiming the guarantee starts with the handover. The warranty becomes statute-barred six months after the customer’s knowledge of the occurrence of the warranty claim, but no later than the expiration of the warranty period. If the warranty does not state the contents of the warranty, then YE is liable for the characteristics normally assumed.
Consumers are subject to the statutory provisions of the warranty. In addition, consumers may be required to provide additional warranties or customer service as part of the product description.
The right to warranty and the right to warranty recourse are limited for entrepreneurs to six months from handover. For used goods, the right to warranty for entrepreneurs is completely excluded.
The contractor as an entrepreneur is entitled to the right of improvement or exchange or, in the case of non-essential defects, also to price reduction or in the case of significant defects, also at the option of YE. By rectifying the defect, the warranty period for companies will neither be extended nor restarted for the part of the service affected by the defect rectification.
Error, about half of entrepreneurship
The right to contest because of error and for shortening more than half is excluded.
Compensation and other claims
Claims for damages and claims based on other liability regulations, in particular recourse claims, of the client are excluded, as far as they are not based on gross negligence or intent or for contracts with consumers not based on gross negligence or intent of YE.
Such claims of entrepreneurs expire in six months from knowledge of the damage and the perpetrator; but in any case after three years from the injury act.
Claims based on personal injury and other non-dispositive liability regulations are excluded from this disclaimer.
Protective effect in favor of third parties
It is expressly agreed that this contract will not have a protective effect in favor of third parties.
Liability for agreed external services
The respective third parties providing the agreed third-party services are not vicarious agents of YE. YE is therefore solely liable for selection offenses. If the third party is consulted at the suggestion of the client, then YE is not liable for the third party at all.
Burden of proof with entrepreneurs
A reversal of the burden of proof at the expense of YE is excluded. In particular, the existence of the defect at the time of delivery, the time of the discovery of the defect, the timeliness of the complaint as well as the existence and degree of culpability shall be proved by the client.
Grace period for entrepreneurs
In the case of non-contractual performance of the contract, the client is only then entitled to assert claims, if this YE has granted in writing a reasonable, but at least a fortnightly grace period. This also applies to the termination of the contract for good cause.
Withdrawal from contractors
A withdrawal from the contract by the client must be declared in writing by registered letter.
All legal relationships and matters between the client and YE shall be governed exclusively by Austrian law excluding international referral standards.
Mandatory consumer law
If YE has aligned its professional and commercial activities to the home country of the consumer in the case of contracts with consumers, mandatory consumer protection regulations of the consumer’s home country must also be applied.
The provisions of the UN Sales Convention do not apply to contracts with entrepreneurs.
Jurisdiction for entrepreneurs
The place of jurisdiction for all disputes between YE and entrepreneurs is the relevant Austrian court for Goldegg. However, YE is also entitled to sue at the general venue of YE and the entrepreneur.
REVOCATION FOR CONSUMERS
Consumers have the right to withdraw from the contract within fourteen days without stating a reason.
The cancellation period is fourteen days
– in the case of a service contract, with the exception of services in the field of accommodation for non-residential purposes, transport of goods, rental of motor vehicles and the supply of food and beverages and services in connection with leisure activities, if and when required by the contractor a specific date or period is contractually agreed, from the conclusion of the contract
To comply with the revocation period, it is sufficient for consumers to send the notice of the exercise of the right of revocation before the expiry of the revocation period.
Explanation of the cancellation
In order to exercise the right of withdrawal, consumers must inform the entrepreneur (Yaima Echtinger, Maierhof 53/7, 5622 Goldegg, 0660/71 71 232, firstname.lastname@example.org) by means of a clear statement (eg a letter, fax or e-mail sent by post). Mail) about their decision to withdraw from this contract. Consumers can use the attached model withdrawal form, which is not mandatory.
Pattern cancellation form
(To cancel the contract, please complete and return this form.)
I / we (*) hereby revoke the contract concluded by me / us (*) for the purchase of the following goods (*) / the provision of the following service (*) –
Ordered on (*)
Obtained on (*)
Name of the consumer (s) –
Address of the consumer (s) –
Signature of the consumer (only when notified on paper) –
(*) Delete as appropriate.
Consequences of the cancellation of services
If the consumer withdraws from a service contract in the event of the commencement of the contract by the entrepreneur, the entrepreneur is entitled to charge the consumer a proportionate amount in comparison to the contractually agreed total price and the service already provided by the entrepreneur until withdrawal.
Privacy by YE
The processing of personal data of the client or its employees by YE for the purpose of performance of the contract is based on the voluntary consent of the client (eg for special categories of personal data), the existing contractual relationship and statutory provisions.
There is no obligation to grant consent (eg for special categories of personal data) and to conclude the contract. Failure to give consent or failure to conclude the contract would mean that the contract can not be accepted.
A further processing of the data by YE for the purpose of direct marketing in forms not subject to consent, such as the addressed postal dispatch of advertising, is to be agreed with the purpose of the fulfillment of the contract.
Further processing for the purpose of direct marketing in forms subject to mandatory approval, such as the electronic dispatch of advertising or the placement of personal advertisements, shall only take place on the basis of the additional voluntary consent of the client. There is no obligation to grant consent. Failure to give consent would only result in the client receiving no advertising in forms subject to compulsory consent.
All data are subject to the agreed or legal obligation to secrecy and the protection of personal data. A transfer of the data of the client takes place, apart from the transfer to business-typical recipients such as banks, tax consultants, lawyers, shipping service providers, etc., only on the basis of law or in coordination with the client.
The Client agrees to the worldwide processing of its data, in particular for the purpose of remote access by YE for the purpose of order-related processing operations, eg in emergencies during business trips of YE.
The data of the client are stored for the purpose of documentation and the fulfillment of legal obligations up to a maximum of thirty years after completion of the orders.
The client has the right to revoke his consent at any time. In the case of the written consent, the revocation can only be made in writing, in the case of consent to the receipt of electronic advertising, this may also be done by clicking on the unsubscribe link. In this case, processing will cease unless otherwise provided. The legality of the data processed until the revocation is not affected by the revocation.
Right to object
The client has the right to object to the processing of his personal data for the purpose of direct mailing. In the case of opposition, your personal data will no longer be processed for the purpose of direct mail.
The Client or its affected employees have the right to access, rectify and delete their personal data, the right to restrict data processing, the right to data portability and the right to complain to the Data Protection Authority. The contact details of the Austrian Data Protection Authority are: Austrian Data Protection Authority, Barichgasse 40-42, 1030 Vienna, Telephone: +43 1 531 152 – 0, E-Mail: email@example.com .
CONDITIONS. The general terms and conditions of YE apply.