The General Terms and Conditions (hereinafter "GTC") apply to all contracts on the basis of which DS-DATASYS Business-Solutions provides deliveries and services to its contractual partners (hereinafter referred to as "Customers").
These GTC also apply to future transactions between the contractual partners, even if no separate reference is made at the time of a future conclusion of the contract. The customer's terms and conditions are only valid if EDV-SOLUTIONS has expressly submitted these in writing.
EDV-SOLUTIONS is entitled to change the terms and conditions at any time - with effect also for existing contractual relationships. EDV-SOLUTIONS will inform the customer at least 30 days prior to the planned entry into force of the respective change. The customer has the right to object in writing to such a change within two weeks after receipt of the notification of the planned change of the GTC, otherwise the customer agrees to the change of the contractual basis. Unauthorized persons of EDV-SOLUTIONS have no power of attorney to make commitments or accept payments, or otherwise make any legally binding declarations for EDV-SOLUTIONS. The customer is obliged to avoid any appearance of such authorization.
The customer confirms that he is an entrepreneur within the meaning of the Consumer Protection Act and therefore does not apply the provisions of the KSchG on Consumers. In the event that a customer uses the services and services of EDV-SOLUTIONS as a consumer, he expressly declares the waiver of the applicable provisions of the Consumer Protection Act with regard to withdrawal from the contract and cancellation.
A contractual relationship between the contracting parties is concluded when EDV-SOLUTIONS has sent a written order confirmation or a delivery to the customer's last known address after receipt of an order or with the actual provision of services (eg opening of the internet access, establishment a web space, announcement of login data) has begun. For more information on the ordering process, § 4 of the Terms and Conditions.
For the provision of the services, the terms and conditions contained in the customer contracts and orders apply
Performance specifications, other equipment (such as price specification, customer information, specifications, special terms and conditions) and these terms and conditions.
In the event of contradictions, the components of the contract concluded between the customer and us shall apply in the following order:
a. individual agreements
b. Order, as well as contract including special terms and conditions
c. Annexes, in particular specifications
d. Terms and Conditions of EDV-SOLUTIONS.
Verbal side agreements are ineffective.
Subject matter of the contract is the provision of the respective services and / or the delivery of the hardware and / or software. The contractual service description shall specify the general type of service (for example, domain name services, mail services) as well as the corresponding amount of individual services (hereinafter referred to as "services"). EDV-SOLUTIONS endeavors to take account of subsequent changes to the subject of performance requested by the customer. However, the customer expressly acknowledges that later considered change requests and / or additions may lead to a change and / or adjustment of the deadline and price agreements.
To the extent necessary due to compelling circumstances beyond the control of EDV-SOLUTIONS (including, but not limited to, technical development, change of regulatory framework, or unavailability of any parts of the Infrastructure or its components), EDV-SOLUTIONS has the right to change the contractual services or individual technical components of the service transitional or permanent, provided that the interests of the customer to the agreed services are not or only temporarily and insignificantly obstructed. The customer is obliged to participate in such changes.
Other changes to the service description require the consent of the customer, with the proviso that the customer has agreed to a new service description, if he does not terminate the contract at the next possible termination date within one month of notification to the customer , If the customer does not terminate, the new service description shall apply from the time of notification or from the date of actual provision of the modified services.
Orders must be submitted in writing to EDV-SOLUTIONS. After receiving the order from EDV-SOLUTIONS, the customer is bound to an order placed by him for two weeks. A cancellation of the order is therefore only possible with the consent of EDV-SOLUTIONS.
EDV-SOLUTIONS, however, reserves the right to request cancellation of the order from the customer in addition to the expenses and costs for the efforts already made and / or services to claim a cancellation fee of 30% of the total price.
EDV-SOLUTIONS will promptly acknowledge receipt of orders either by fax or electronic means, without any signature made by EDV-SOLUTIONS electronically. An order whose receipt has not been confirmed is deemed not to have been received. An acceptance of the order of the customer by EDV-SOLUTIONS takes place by sending the countersigned by other written confirmation. However, the mere confirmation of receipt of an order does not constitute acceptance of the order. There is no claim that the order is accepted by EDV-SOLUTIONS.
EDV-SOLUTIONS will inform the customer immediately about the acceptance or rejection of an order in an appropriate way (in writing or electronically). In the event of discrepancies about the existence or the content of an order, the documents and documents of EDV-SOLUTIONS shall prevail. EDV-SOLUTIONS is further entitled to make the acceptance of an order of a security deposit in a deposit to be determined by EDV-SOLUTIONS, bank guarantee) or of an advance payment, both commensurate with the customer's expected payment obligation.
EDV-SOLUTIONS makes every effort to comply with the deadlines set forth between EDV-SOLUTIONS and the customer (promised delivery dates). All other dates that have not been confirmed in writing by EDV-SOLUTIONS, as well as estimated dates or estimates of delivery times are non-binding approximate dates.
Delivered delivery dates (as well as specified delivery dates or service times) are always extended by the period in which EDV-SOLUTIONS was prevented from delivering on time due to circumstances for which the contractor was not responsible (eg labor disputes, force majeure, official damage) Interventions or official orders, transport locks, as well as any other circumstances beyond the control of EDV-SOLUTIONS).
The same applies to the period in which the contractor waits for cooperation and information from the customer which is required for the delivery or service. EDV-SOLUTIONS undertakes to inform the customer about foreseeable delays - except in case of imminent danger - in an appropriate manner.
If EDV-SOLUTIONS is in default of delivery or performance, it shall be the customer's responsibility to provide EDV-SOLUTIONS with a reasonable grace period for the performance of the service. After its fruitless expiration, the customer is entitled to resign from the respectively affected customer contract according to his choice, or to demand a reduction of the remuneration accordingly.
In the case of continuing obligations, the right of termination for good cause and the right to a reasonable reduction of the remuneration for the duration of the impairment shall replace the right of resignation. The assertion of any claims for damages explicitly refers to the exclusions of liability according to § 9.
In the event of default by EDV-SOLUTIONS, the customer is only entitled to withdraw from the contract if:
a. the default is the sole fault of EDV-SOLUTIONS or its agents and subcontractors and is the responsibility of EDV-SOLUTIONS (or its agents and subcontractors).
b. the delay is not attributable to circumstances for which the customer is responsible (in particular by breach of its obligations under § 7.3 and § 10).
c. The customer has duly requested EDV-SOLUTIONS to perform the service again in accordance with the provisions of § 5.2.
d. EDV-SOLUTIONS has not fulfilled its obligation to perform substantially within thirty working days of the customer's request.
In this context, it is expressly stated that a delay of EDV-SOLUTIONS in the case of mere sub-dates does not entitle the customer to withdraw from the contract.
If these are indivisible services within the meaning of § 918 ABGB, a resignation is nevertheless permissible. The limitation of the right of withdrawal according to § 12 is pointed out.
Quality features of the corresponding service or product are exclusively defined in the respective customer contract and the annexes. Information and/or descriptions of deliveries and services by EDV-SOLUTIONS in catalogs, brochures, product descriptions, etc. do not constitute a guarantee of characteristics in the legal sense.
If services are owed by EDV-SOLUTIONS, the contractor is not obliged to produce a specific result. Accordingly, any liability for success on the part of EDV-SOLUTIONS or any guarantee for the production of a specific result is excluded. Under no circumstances does EDV-SOLUTIONS provide a guarantee for defects which are attributable to the behavior of third parties, in particular third companies employed by the customer or the customer's employees.
EDV-SOLUTIONS also points out that it operates the Internet services offered with the greatest possible care, reliability and availability, but does not guarantee that its services will be accessible without interruption, that the desired connections can always be established or that the stored data will be retained under all circumstances.
The customer acknowledges that Internet services are generally available to the customer from 0:00 to 24:00, insofar as the capacity utilization, traffic situation or the operating status of the national and international telecommunications networks and facilities used for access to the services or the processing of the service permit.
The customer further acknowledges that EDV-SOLUTIONS is not obliged or authorized to store or keep available for the customer certain content data for an unlimited period of time.
If the customer does not retrieve such data within one month, EDV-SOLUTIONS accepts no liability for further retrievability. Defects subject to warranty will be remedied at the discretion of EDV-SOLUTIONS either by repair or replacement.
In this context, reference is made to § 6.3 and 4 of these GTC; § 5.2 applies accordingly. Conversion and price reduction are excluded by mutual agreement.
The warranty period is six months and requires an immediate complaint - subject to § 377 para. 2 HGB (German Commercial Code).
The customer must notify EDV-SOLUTIONS immediately in writing and in detail of any defects that have occurred, otherwise the service is deemed to have been properly accepted and warranty claims are excluded.
Warranty claims of the customer are excluded in any case if the defects
a. This does not apply if and to the extent that self-assembly by the customer or a third party was agreed with EDV-SOLUTIONS on the basis of a prior written agreement and was carried out professionally, or EDV-SOLUTIONS has not fulfilled its obligation to make improvements within a reasonable period of time despite notification of the defect, and the customer has carried out a permissible substitute performance himself or through a professional third party.
b. due to inadequate installation, non-compliance with the installation requirements and conditions of use, overloading beyond the performance specified by EDV-SOLUTIONS, incorrect handling and use of unsuitable operating materials;
c. are attributable to material provided by the customer, unless the customer proves that the damage is not attributable to atmospheric discharges, overvoltage and chemical influences;
d. are attributable to the conduct of third parties, in particular third companies employed by customers or employees of the customer, or
e. refers to the replacement of parts that are subject to natural wear and tear;
f. are due to circumstances specified in § 6.2, for which EDV-SOLUTIONS assumes no liability.
One-off and/or ongoing fees ("fees") are charged for the services of EDV-SOLUTIONS, the amount and due date of which are specified in the customer contracts and orders. All fees stated are net prices. The statutory value added tax, as well as all taxes and duties payable under a contract with EDV-SOLUTIONS, shall always be borne by the customer. The agreed contract currency is the euro (€).
EDV-SOLUTIONS reserves the right to change (reduce or increase) the regular fee in the event of a change in the costs relevant to its calculation (e.g. material and personnel costs, changes or new introduction of taxes and other public charges).
EDV-SOLUTIONS will inform the customer of the price change in an appropriate manner and in good time. The customer's right to terminate the contract prematurely and any claims for damages remain unaffected.
Unless otherwise agreed in the customer contract or in an order, services or other performances shall be invoiced in accordance with the following procedure:
a.) One-off fees will be invoiced by EDV-SOLUTIONS on the provision date.
b.) Regular fixed fees are generally invoiced in advance.
c.) EDV-SOLUTIONS is granted the right to issue monthly partial invoices according to the progress of the project. The respective amounts are due for payment within 10 days. Invoice amounts are due promptly upon receipt of the invoice without deduction and must be paid within 5 days of the respective invoice date by bank transfer to a bank account to be designated by EDV-SOLUTIONS.
The value date on this account shall be decisive for the timeliness of payment, whereby incoming cash amounts shall first be used to cover accrued costs, expenses, cash outlays, interest on arrears and finally to settle the outstanding invoice amount.
In the event of late payment, EDV-SOLUTIONS is entitled to charge interest on arrears at a rate of 5% per month for all amounts outstanding after the respective due date.
Notwithstanding this, EDV-SOLUTIONS remains entitled to demand compensation from the customer for all costs, expenses and cash outlays incurred in the appropriate pursuit of its claims. The customer's default in payment also entitles EDV-SOLUTIONS to make the provision of services dependent on the prior payment of all due and payable fees, including any interest and costs, and in the event of non-payment to suspend the provision of services after prior written notification of the customer until full payment has been made or to terminate the contractual relationship with immediate effect.
The offsetting of outstanding claims against EDV-SOLUTIONS and the withholding of payments due to alleged claims not recognized by EDV-SOLUTIONS are excluded. Claims of the customer against EDV-SOLUTIONS can only be assigned to third parties with the written consent of EDV-SOLUTIONS.
The customer's rights to refuse contractual performance (in particular pursuant to Section 1052 of the Austrian Civil Code) in order to obtain or secure consideration, as well as any statutory rights of retention, are excluded.
Objections to claims invoiced by EDV-SOLUTIONS must be raised by the customer in writing within two weeks of receipt of the invoice. Otherwise the claim shall be deemed accepted. The raising of objections does not prevent the invoice amount from falling due.
The object of purchase or the goods shall remain our property until the purchase price and all associated costs and expenses have been paid in full. In the event of even partial default of payment, we are entitled to collect the goods or deactivate services without the buyer's consent.
EDV-SOLUTIONS is entitled to suspend the provision of the services in whole or in part:
a. to the extent required by a statutory or regulatory requirement (or its enforcement) or by court order:
b. if the customer fails to comply with material obligations arising from the customer contract (in particular the obligations set out in § 7, 9 and 10 of these GTC) and does not restore the contractual condition within 14 days of a written request containing the request for fulfillment;
c. if the customer is still in arrears with the payment of due fees and other charges despite a written or electronic reminder setting a three-day grace period and threatening to suspend the service;
d. if the quality or availability of the services provided by EDV-SOLUTIONS to other customers is impaired or threatened by the behavior of the customer, or by or through his devices or connections;
e. if a customer or their customers use a service in such a way that this constitutes a violation of the Acceptable Use Policy ("Netiquette") or otherwise abusive use of services (in particular use that jeopardizes security, operations or is otherwise damaging or harassing) or if there is reasonable suspicion of such abuse;
f. if EDV-SOLUTIONS' affiliated companies, commercial agents or contractors are threatened or could be threatened with civil or criminal prosecution or the assertion of claims or damages due to the conduct of the customer or the conduct of its own customers, affiliated companies or subcontractors;
g. if insolvency proceedings are opened against the customer's assets or bankruptcy proceedings are dismissed for lack of assets to cover costs;
h. if repair, maintenance or other work requires this, whereby EDV-SOLUTIONS will inform all customers in advance. Such information will not be provided if it is not objectively possible under the circumstances or would delay the elimination of interruptions that have already occurred. In the event of a suspension, the customer remains obliged to pay, in particular, the current fees incurred during the suspension period. There shall only be no obligation to pay if and insofar as the customer is not responsible for the reasons for the suspension.
The suspension shall be terminated within one working day after the reason for the suspension has ceased to exist and the customer has paid the costs of the suspension and its lifting, any repairs and any further claims for damages, insofar as the customer is responsible for them. Furthermore, EDV-SOLUTIONS reserves the right to terminate services in the event of suspension by giving thirty (30) days' notice to the customer.
The right of EDV-SOLUTIONS to terminate the contract for good cause remains unaffected by the above provisions.
EDV-SOLUTIONS is only liable to the customer for damages, irrespective of the legal grounds (e.g. non-performance, impossibility, warranty, delay, culpa in contrahendo, collateral breach of duty or tort), if EDV-SOLUTIONS can be proven to have acted with intent or gross negligence. The burden of proof lies with the customer. Section 1298 ABGB does not apply.
In the case of intentional or grossly negligent breach of an essential contractual obligation (cardinal obligation) or in the absence of a warranted characteristic according to § 6.1, EDV-SOLUTIONS is only liable for such foreseeable damages, the occurrence of which should be prevented by the essential contractual obligation or by the warranted characteristic. EDV-SOLUTIONS' liability to pay compensation is limited to a lump sum of no more than 10% of the order amount per claim and applies to each event causing damage to all injured parties. The assertion of any further damages is not permitted.
The liability of EDV-SOLUTIONS for slight negligence, for consequential damages, financial losses, loss of profit and for damages from third party claims is excluded. Furthermore, EDV-SOLUTIONS is not liable:
a. for damages caused by the customer due to non-compliance with the contract and its components, as well as these GTC (in particular due to non-compliance with the special obligations set out in § 10);
b. for damage caused by the actions of third parties, force majeure or the effects of devices connected by the customer
c. for the content, accuracy or completeness of transmitted data. In particular, no liability is assumed for loss of data.
d. for all problems caused by a third party;
e. for emails received from the customer, data retrieved by the customer from the Internet or for services provided by third party service providers, even if the customer obtains access to these service providers via a link from the EDV-SOLUTIONS website or via information from EDV-SOLUTIONS. The customer acknowledges that the use of the Internet is associated with uncertainties and that EDV-SOLUTIONS is not liable in particular for viruses, Trojan horses, attacks by hackers or similar, and that any damage and expenses incurred as a result are to be borne by the customer.
f. for miscalculations of the customer's requirements with regard to its premises, infrastructure, computer and transmission capacities, as well as the resulting expenses, unless otherwise agreed.
g. for delays, absence, interruption or deterioration of the agreed services caused by the customer or third parties whose actions are attributable to the customer using or handling the services improperly, or by the customer using his own hardware or software or other material in connection with the services of EDV-SOLUTIONS which is not expressly authorized by EDV-SOLUTIONS and which causes the disruption.
h. unrestricted data transportation. A corresponding obligation to transport data does not exist in particular if EDV-SOLUTIONS would otherwise expose itself to the risk of legal prosecution. However, EDV-SOLUTIONS reserves the right to prevent the transportation of data and services that are contrary to Austrian law, international obligations or common decency and accepts no liability in this respect.
The customer is obliged to inform EDV-SOLUTIONS of any interruption or disruption immediately, but in no case later than seven (7) days after the occurrence of the damage, unless the customer proves that he was not aware of the damage at an earlier date, otherwise EDV-SOLUTIONS assumes no liability for damages and expenses caused thereby (e.g. costs of an external company commissioned by the customer).
The customer undertakes to ensure that the input or forwarding of data and its content or the designations used do not violate criminal law, public law, other legal provisions or morality, and do not infringe the personal rights or property rights or other private rights of third parties (in particular name, trademark and copyright rights). The customer is expressly referred to the provisions of the Pornography Act (BGBl 97/1950 in the current version), the Prohibition Act (StGB 13/1945 in the current version)
and the relevant provisions of the Criminal Code, according to which the transmission, distribution and exhibition of certain content is subject to legal restrictions. The customer undertakes to observe all relevant legal provisions and to assume responsibility towards EDV-SOLUTIONS for compliance with them. Furthermore, the customer acknowledges that, with regard to data provided by him for retrieval by third parties, he will be treated as a media owner within the meaning of § 1 of the Media Act (Federal Law Gazette 314/1981, as amended).
The customer undertakes to take suitable precautionary measures to ensure that the ordering and/or use of goods and services provided by EDV-SOLUTIONS by unauthorized third parties is prevented. Furthermore, the customer shall take suitable measures to ensure that his user data (in particular user ID and password) are kept secret and cannot be accessed by unauthorized persons in any way and shall be liable for the unauthorized use of the password if the necessary care is not taken.
In particular, any resulting usage fees shall be paid by the customer in accordance with § 7.7.
When using licensed software from EDV-SOLUTIONS or third parties, the customer undertakes to view the license terms available to him on request before using this software and to comply with them exactly. Insofar as EDV-SOLUTIONS provides the customer with deliveries or services that are contractually protected by intellectual property rights, EDV-SOLUTIONS is exclusively entitled to the intellectual property rights to these deliveries and services in the relationship between the parties. This also applies to further additions, improvements or modifications to these deliveries and services, irrespective of whether these were created with the involvement of the customer. Also with regard to software that qualifies as "public domain" or "shareware", the customer undertakes to observe the terms of use specified by the author and any license regulations and to refrain from any transfer of the software (including its short-term transfer to third parties). EDV-SOLUTIONS accepts no liability for software that is classified as "public domain" or "shareware".
The customer undertakes not to misuse the deliveries and services provided by EDV-SOLUTIONS (in particular access to the Internet). This includes, in particular, the obligation to refrain from actions that lead to the impairment of third parties or endanger the security and operation of EDV-SOLUTIONS or others. Also prohibited are unsolicited advertising and spamming, any use of the service to transmit threats or obscenities, harassment or damage to other Internet users, as well as an excessive load on the networks through untargeted and improper distribution of data, and any other disruptive effect on the lines and systems used by EDV-SOLUTIONS.
The customer undertakes to indemnify and hold EDV-SOLUTIONS, its employees, subcontractors, commercial agents and affiliated companies harmless from all liabilities, costs and expenses resulting from a breach of legal provisions and other obligations. This includes above all, but not exclusively, claims and damages arising from the data placed on the market, in particular private prosecutions for defamation, insult (§§ 111, 115 StGB), claims for compensation under media law or media content offenses, proceedings under the Copyright Act, the Trademark Act, the Act against Unfair Competition, or civil defamation and/or civil and/or criminal credit damage (§§ 1330 ABGB and 152 StGB). Furthermore, the customer will inform EDV-SOLUTIONS immediately and completely of any judicial or extrajudicial claims or other liability for damages resulting from the use of the contractual services. If a claim is made against EDV-SOLUTIONS by a third party as a result of conduct (action or omission) on the part of the customer, insofar as he is responsible for it, EDV-SOLUTIONS alone is entitled to decide how to respond, without the customer responsible for the content (except in the case of gross negligence on the part of EDV-SOLUTIONS) being able to raise the objection of insufficient legal defense.
EDV-SOLUTIONS would like to point out that personal data is collected, stored, processed and used electronically within the framework of the execution of the contract in compliance with the relevant data protection regulations (in particular § 1 of the Data Protection Act, Federal Law Gazette I 165/1999 in the current version).
EDV-SOLUTIONS limits these processes to the execution of the contract, to the detection, containment and elimination of faults and errors, as well as to cases that are essential for the detection and prevention of unlawful use of the services. EDV-SOLUTIONS is entitled to store personal brokerage data to the extent necessary and to keep access statistics within the legal framework until any outstanding payment issues have been resolved.
The customer agrees to receive from EDV-SOLUTIONS advertising and information regarding products and services of EDV-SOLUTIONS or business partners of EDV-SOLUTIONS to a reasonable extent by email. The customer further agrees that names and services rendered will be placed on a reference list and that these will be handed out to other customers.
EDV-SOLUTIONS operates its services with the greatest possible care and reliability and will take all technically possible and reasonable measures to protect the data stored with it. In the event that third parties gain control of data stored by EDV-SOLUTIONS in an unlawful manner or make further use of such data, EDV-SOLUTIONS shall only be liable to the customer in the event of intentional or grossly negligent behavior. In this context, reference is made to the limitations of warranty (§ 6) and liability (§ 9) for data by EDV-SOLUTIONS.
Unless otherwise stipulated in the customer contract, contracts concluded between the contracting parties for the purchase of services are concluded for an indefinite period. If such contracts are concluded for a fixed term, they shall be automatically extended by the original term of the contract unless they are terminated by either party by giving three months' written notice before the date of termination.
Both contracting parties are entitled to terminate standing contracts concluded between them in accordance with the respective customer contract or the respective orders. Unless otherwise agreed in such customer contracts/orders, the contract may be terminated by either party by giving three months' notice to the end of the year/contract. Contracts concluded between the contracting parties may be terminated by either contracting party for good cause with immediate effect.
An important reason which entitles EDV-SOLUTIONS to terminate the contract immediately exists in particular if the customer is in qualified default of payment in accordance with § 7.3, or does not meet his obligations in accordance with § 10, does not immediately remove disruptive or unauthorized equipment from the network connection despite a request from EDV-SOLUTIONS, or does not comply with the "Netiquette" and the continuation of the contractual relationship is therefore unreasonable for EDV-SOLUTIONS.
Instead of immediate withdrawal from the contract, in such cases it is at the discretion of EDV-SOLUTIONS to suspend the services (for the time being) in accordance with § 8 instead of terminating the contract. This shall not affect DS-EDV-SOLUTIONS' claim to remuneration for the contractually stipulated contract period until the next termination date and the assertion of any resulting claims for damages, provided that the customer is responsible for these. Any termination or dissolution must be in writing to be effective.
Upon termination of the contract - for whatever reason - the customer is obliged to immediately cease the use of deliveries and services by EDV-SOLUTIONS and to return to EDV-SOLUTIONS all documents and objects that have been handed over to the customer in the course of the execution of the contract in perfect condition at his own expense and risk.
If the customer does not comply with his obligation to restore immediately, but at the latest within two weeks after termination of the contract, or if the customer makes use of deliveries and services of EDV-SOLUTIONS even after the end of the contract (e.g. to realize the technical termination of the contract), he owes EDV-SOLUTIONS for this period an expense allowance in the amount of the remuneration that would have been payable under the terminated contract, plus a lump-sum expense allowance of 20%.
These GTC and the entire legal relationship between the customer and EDV-SOLUTIONS shall be governed by Austrian law excluding its conflict of law rules. The application of the UN Convention on Contracts for the International Sale of Goods is excluded by mutual agreement. For all disputes arising from the present contract, the jurisdiction of the competent court in Wiener Neustadt is agreed exclusively.
Amendments, supplements, cancellations and the withdrawal from existing contracts and agreements between EDV-SOLUTIONS and the customer must be made in writing in order to be valid. The written form requirement is also met by signed fax and transmission of electronic mail (e-mail) containing a digital signature in accordance with the Signature Act (Federal Law Gazette I 190/1999 as amended). Verbal collateral agreements do not exist and are invalid.
EDV-SOLUTIONS is entitled to make use of subcontractors to fulfill its contractual obligations to the customer. EDV-SOLUTIONS is liable for breaches of duty by subcontractors in accordance with §1313a ABGB. The limitations of liability set out in these General Terms and Conditions also apply to subcontractors.
Unless expressly agreed otherwise in individual contracts, EDV-SOLUTIONS provides its services solely for the purpose of use in the customer's business operations. The use of the contractual services by third parties, as well as the transfer of these services to third parties for a fee, requires the express prior written consent of or the corresponding agreement with the customer. EDV-SOLUTIONS If resale has been agreed, the customer undertakes to exercise the diligence of a prudent businessman when reselling (especially with regard to the use of contractually provided infrastructure by EDV-SOLUTIONS for the provision of services to end customers) and to observe the latest state of the art.
The customer must refrain from doing anything that may be likely to damage the good name and reputation of EDV-SOLUTIONS' deliveries and services. Express reference is made to the obligation under § 1.3 of these General Terms and Conditions. These terms and conditions are also binding for contractual partners of resellers. Resellers shall indemnify and hold EDV-SOLUTIONS harmless (in particular from third-party claims resulting from the end customer's breach of the relevant provisions).
Changes to the master data (company name, address, invoice address, bank details, company register number or other register numbers, legal form and similar) must be notified to EDV-SOLUTIONS by the customer immediately in writing. If no notification of change is made, documents are deemed to have been received by the customer if they were sent to the address last notified by the customer.
Headings in these General Terms and Conditions are for convenience only and have no normative significance. In particular, they are not intended to limit or extend the scope of application of these General Terms and Conditions or to aid interpretation.
Invalid provisions of these General Terms and Conditions shall not affect the validity of the remaining provisions. EDV-SOLUTIONS and the customer agree, in the event of the invalidity of a clause of these terms and conditions, to replace it with a valid clause that comes closest to the meaning and purpose of the invalid provision.
Both contracting parties are obliged to keep confidential information about technical, commercial and personnel matters of the other party which have become known to them in the course of the execution of the contract and which, applying a reasonable commercial standard, are to be regarded as confidential.
This obligation also applies beyond the term of the contractual relationship. Further confidentiality obligations can be agreed in individual contracts. The customer undertakes, both during the existence of a contractual relationship with EDV-SOLUTIONS and within one year of the end of such a relationship, not to directly or indirectly poach or attempt to poach employees of EDV-SOLUTIONS.
