1.1. These terms and conditions apply to all present and future deliveries, services and for the service MediaChannel, which the fs5 Medien GmbH (hereafter short the "operator") based in Ried im Innkreis provides to the customer, even if in individual cases at conclusion of contract is not expressly referred to the terms and conditions.
1.2. The present general terms and conditions govern the provision of the goods of the services provided by the operator and the use of these services by duly registered subscribers within the meaning of section 16 of the E-Commerce Act.
1.3. General terms and conditions of the customer apply only if the operator expressly and in writing.
1.4. Verbal collateral agreements do not exist. Any changes and additions to this Orders must be in writing in case of other ineffectiveness.
1.5. Changes to the terms and conditions can be made by the operator. The current terms and conditions are posted on this website.
1.6. Unless otherwise agreed, order changes or additional orders may be accepted reasonable prices.
2.1. The subject of an order may be individual services such as the acquisition of rights of use, sale of goods, implementation of the installation and the participation in the commissioning, the software maintenance, support services, but also the delivery of standard programs and creation of individual programs.
2.2. The operator grants the customer a simple, non-transferable to the delivered software for the contractually intended purpose and limited usage rights for the duration of the acquired license.
2.3. The operator is entitled to use the facilities used to provide the services discretionary if no impairment of services is to be expected.
2.4. If the operator mediates third-party services at the request of the customer, these contracts will come into effect exclusively between the customer and the third party to the respective terms and conditions of the Third party. The operator is only responsible for the services provided by himself.
2.5. The operator points out that, especially with newsfeed data from third parties, the operator is not responsible for the accuracy and completeness of this data.
2.6. Customer requested training and explanations are separately invoiced if nothing else is agreed.
2.7. When ordering standard programs, the customer confirms with the order knowledge of the scope of services of the ordered programs.
2.8. Basis for the creation of individual programs is the written description of services provided by the operator against cost calculation based on the provided documents and information are prepared or provided by the customer. These service description is to be checked by the customer for correctness and completeness and with to provide his approval. Later occurring change requests can separate date and price agreements.
2.9. The development of individual organizational concepts and programs is based on type and Scope of binding information fully provided by the customer.
2.10. The possible provision of test data and test options by the customer must be practical, to a sufficient extent, on time (in normal working hours) and on his costs are incurred. Will already be available on the system provided for testing by the customer real-time operation, the responsibility for securing the real data lies with the customer.
3.1. For orders involving several units or programs, the operator is entitled to carry out partial deliveries or to lay partial invoices.
3.2. Objectively justified and reasonable changes to our performance obligation to tolerate the customer.
3.3. In the course of the work, it should turn out that the execution of the order according to service description is actually or legally impossible and the customer changes the service description does not or creates the condition that an execution becomes possible, the operator can reject the execution. Is the impossibility of execution the result an omission of the customer or a subsequent change of the service description by the customer, the operator is entitled to withdraw from the order. The until then for the activity of the operator incurred costs and expenses as well as any dismantling costs are to be replaced by the customer.
4.1. The operator undertakes to provide the services in accordance with the contract. Does the operator provide the Services not provided on time or inadequately, i. E. with essential Deviations from the agreed quality standards, the operator is obliged to comply with the Remedy of defects immediately and within a reasonable period of its services duly and faultlessly by providing, at its option, the services concerned Repeatedly or necessary Nachbesserungsarbeiten carries out.
4.2. Is the defect based on supplies or co-operation of the customer or on one Violation of obligations of the customer, is any gratuitous obligation to Remedy of defects excluded. In these cases, the services provided by the operator apply despite possible restrictions nevertheless as contractually provided. The operator is at the request of the customer undertake a paid remedy of the defect.
4.3. The customer will assist the operator with the removal of defects and all necessary Provide information. Any defects have been reported by the customer immediately in writing or to report by e-mail to the operator. The additional expenditure caused by a late notification at the Troubleshooting is borne by the customer.
4.4. The provisions of this point apply mutatis mutandis to any deliveries of hardware or Software products of the operator to the customer. The warranty period for such deliveries is 6 Months from handover. § 924 ABGB "presumption of defectiveness" is agreed locked out. For any hardware or software products of third parties provided to the customer by the operator prior to the regulations of this point, the respective warranty conditions of the manufacturer of these products. Until full payment, the operator reserves ownership of all of hardware and software products supplied to it.
5.1. The operator is liable to the customer for damage demonstrably caused by him only in case of gross fault. This also applies mutatis mutandis to damages caused by third parties called in by the operator. In the case of culpable personal injury, the contractor is liable without limitation.
5.2. Liability for indirect damage - such as lost profits, costs with business interruption, data loss or third party claims expressly excluded.
5.3. Claims for damages become statute-barred after the legal regulations, however at the latest after one year from knowledge of the damage and the perpetrator.
5.4. If the operator performs the work with the help of third parties and in this context Warranty and/or liability claims against these third parties, the operator enters this claims to the customer.
5.5. For content created by the customer himself or on his behalf by third parties, only the customer responsibility, this applies in particular to the competition and copyright responsibility.
5.6. The customer is prohibited from any activity with the provided software, violate applicable law or infringe third party rights. In particular, the following actions are prohibited for the customer: The posting, dissemination, the offer and the application contrary to data protection law and / or contrary to other law and / or fraudulent content, services and / or products. The use of content that offends or defames other users or third parties or otherwise violates their rights. The use, provision and distribution of content, services and / or products, which are protected by law or are encumbered with third party rights (such as copyright) without expressly being authorized to do so.
6.1. The fees and conditions to be paid by the customer result from the costs for provided hardware and activated software licenses. The legal value added tax will be charged additionally.
6.2. The invoices issued by the operator, including any sales tax, are no later than 10 days from the date of invoice without any deduction and payable free of charge. The operator is expressly entitled, too Partial invoices, provided that the services are provided in parts. For Partial invoices apply analogously to the payment terms specified for the entire order.
6.3. Objections to the invoiced claims are within the customer of 30 days from date of invoice, otherwise the claim shall be deemed accepted.
6.4. In the event of late payment default interest will be charged in the usual bank amount.
6.5. Compliance with the agreed payment dates is an essential condition for the Execution of the delivery or contract fulfillment by the operator. Failure to comply with the agreed Payments entitle the operator to suspend the ongoing work and to withdraw from the contract. All associated costs as well as compensation for lost profits are to be paid by the customer carry.
6.6. The customer is not entitled to payments for incomplete total delivery, guarantee or warranty claims or Complaints in their entirety, but only one reasonable portion of the invoice amount to be withheld.
6.7. A set-off against claims of the operator with counterclaims of whatever kind, is excluded.
6.8. Distributors or sales staff as well as technical support staff of the operator have none power of attorney to accept payments.
7.1. To the extent and as long as obligations due to force majeure, such as war, terrorism, natural disasters, fire, strike, lockout, embargo, government intervention, failure of power supply, failure of means of transport, failure of telecommunications networks or data lines, changes in law affecting the services contracting or other unavailability of products not timely or not can not be properly fulfilled, this is not a breach of contract.
7.2. Cancellations by the customer are only possible with the written consent of the operator. is the operator agrees to a cancellation, the operator has the right, in addition to the services provided and incurred a cancellation fee of 30% of the not yet settled Order value of the entire project.
8.1.The operator may temporarily or permanently block the customer's access to the MediaChannel, if there are concrete indications that the customer is against these terms and conditions and/or applicable law violates or has violated, or if the operator has any other legitimate interest in blocking. When deciding on blocking, the operator will take due account of legitimate interests of the subscriber. A refund of the already paid licenses is excluded in this case.
8.2. In the case of temporary or permanent blocking, the operator blocks the access authorization and notifies the customer via e-mail.
8.3. In case of a temporary blocking, the operator reactivates the access authorization after expiry of the blocking period and notifies the customer via e-mail. A permanently locked access authorization can not be restored. Permanently suspended persons are permanently excluded from participating in the system.
9.1. The operator will be in the handling of personal data, the rules of Data Protection Act, the DSGVO and the Telecommunications Act and for the Data protection in the area of responsibility of the operator required technical and organizational take measures.
10.1. If individual provisions of these terms and conditions should be ineffective or ineffective, then this does not affect the remaining content of these terms and conditions. The contractors will be cooperate in partnership to find a settlement that is ineffective provisions as close as possible. If the customer is a merchant, jurisdiction is Ried im Innkreis.
10.2. It applies Austrian substantive law, even if the order is abroad is carried out. The applicability of the UN Sales Convention is excluded.