of eurodata GmbH, A 1220 Vienna, Technologiezentrum aspern IQ, Seestadtstrasse 27 (Issue: 25 January 2024)
The Standard General Terms & Conditions (GTCs) of eurodata GmbH apply to all business relationships with our clients.Our clients acknowledge our GTCs as binding, also for future transactions. Clients’ terms of business such as deviate from our GTCs shall not form part of our contracts. That applies equally to terms about which we have remained silent and terms to which reference is made in correspondence from the client but which deviate from ours. This is not altered by the acceptance of a quotation or by any performance of services.Our GTCs apply to enterprises. They also apply to consumers provided that the agreement in question is not in contradiction with the Austrian Consumer Protection Act (KSchG).Our GTCs are available for inspection on our premises and can be transmitted on request or retrieved via the Internet on our website at https://www.eurodata.co.atIf any provision or provisions of our GTCs should be or become invalid, the validity of the remaining provisions will not be affected. The invalid provision will be replaced by a valid one which – in economic and legal terms – resembles the invalid one as closely as possible in its meaning and purpose.
Conclusion of contract, term
Contracts covering trade receivables shall not become legally effective until we have accepted the order in question.
As a rule, an order is submitted in the form of a written request, signed by the client and sent to us by fax, e-mail, electronic order form (e.g. on the website) or by post.
A contract may also be established following an enquiry made orally or by telephone, provided that the client discloses his or her master data and provided we subsequently accept the enquiry.
Contracts concluded between the parties covering the purchase of services or other permanent contractual obligations are, unless any other agreement is made, concluded for an indefinite period of time. They can be terminated by either party, unless anything else is agreed, giving one month’s notice to the last day of the month in writing, or by e-mail to firstname.lastname@example.org
Our entitlement to the agreed payment, for the remainder of the contractual term until the next date at which notice can be given, shall remain unaffected by this. In cases of default in payment, we have the right to offset all and any costs incurred as a result, including costs incurred by the intervention of debt-collecting agencies and/or lawyers, and interest for default at the usual bank rate as from the first day of the default. If the client is in default in payment and continues to be so in spite of reminders issued in writing or by electronic means, we shall have the right – having set an extended deadline of two weeks – to annul the contractual relationship with immediate effect.
We draw express attention to the fact that if the contractual relationship is terminated for any reason at all we shall no longer be under any obligation to continue providing the agreed service. We shall thus have the right to delete any relevant data that we have stored. It follows that the timely retrieval, storage and back-up of such data prior to termination of the contractual relationship are the sole responsibility of the client. The client therefore has no entitlement to make claims of any kind against us for having deleted such data.
Prices and terms of payment
Unless anything else is agreed, the prices listed in the quotation or on the order form apply. They are not inclusive of statutory VAT.
We reserve the right to alter prices if the costs assignable to the client have increased since conclusion of the contract.
Once agreed, prices will be adjusted annually on the reference date, which is 1 January (guaranteed value clause). Value stability is calculated using the consumer price index 2020 published on a monthly basis by Statistik Austria, or any index that replaces it. The guaranteed value is derived from the percentage difference between the index figures published in the September of the year just ended and the September of the previous year.
Unless anything else is agreed, payments shall fall due promptly and without any deductions on receipt of the invoice. Fees that remain constant on a monthly or yearly basis are payable in advance.
Payment is to be made either by means of a deposit slip or by electronic transfer (on-line banking). Alternatively, the client can authorise us to debit his or her account with our claims for payment using the SEPA direct debit authorisation scheme.
There shall be no offset against any outstanding claims against us. Payment may not be withheld on account of alleged claims on the part of the client if we have not acknowledged them.
Any objections to accounts receivable invoiced by us are to be raised by the client in writing within three weeks. If no objection is raised, our claim will be deemed to have been acknowledged.
We have the right to credit payments against the earliest debt of the client first, in spite of any provisions to the contrary that he or she may have.
Payments made in advance will not attract any interest.Delivered goods shall remain our property until such time as payment has been made in full. Our software and business management analyses are protected by copyright.
Form for notifications and declarations made by the client
Notifications and declarations made to us or a third party by the client (such as notifications of defects, reminders, deadlines, declarations of rescission, claims for reductions in payment or notices of termination), are to be issued in writing if they are to have any validity.
Services shall be rendered by ourselves on the basis of the respective description of performance and the currently applicable provisions regarding payment.
Power failures, disruptions, maintenance work or other unavoidable events for which we are not responsible may lead to unavoidable interruptions in the performance of the services. It is thus not possible to guarantee unrestricted operation. We do however endeavour to rectify disruptions and interruptions as quickly as possible in technical terms and in terms of economic viability. Short-term disruptions and interruptions do not give the client any right to make reductions in payment.
The correct, proper and timely performance of our services presupposes correct, proper and timely cooperation, where necessary, on the part of the client.
If the client fails to cooperate, or fails to do so in the correct and proper manner, our obligation to perform our services in full and within the respective deadline shall cease to apply. The extent to which such obligations cease to apply is dependent on the extent to which the client fails to cooperate.
Any disadvantages or extra costs occasioned by such failure shall be borne by the client.
In particular, the client is responsible for the timely provision of any data requiring to be processed, for their completeness and correctness, and for reviewing the completeness and correctness of work results to a reasonable extent.
The client shall inform us of deficiencies in our services without delay. Any such description of a defect shall be given in writing, in transparent and detailed form, and shall provide the information necessary to recognition of the defect. In particular, the operations that led to the occurrence of the defect, the effects of the latter, and the way in which it manifests itself must be recorded.
If we do not place ourselves under obligation to take care of data storage for the purposes of back-up or archiving on behalf of the client, responsibility for back-up in accordance with the current state of technology shall lie with the client him or herself: such back-ups must be made at appropriate intervals, so that the client can recover the data at reasonable cost if need be.
Options for termination of the contract
Contractual relationships may be terminated in the following ways:
• ordinary or extraordinary notice of termination
• mutually agreed annulment
• expiry of contractual term
• initiation of bankruptcy proceedings in respect of the client’s assets
• demise of the client or end of the legal existence of the enterprise
• general cessation of services
General cessation of services
We reserve the right to cease our services if we cannot reasonably be expected to continue them for technical, economic or operational reasons. No such cessation will become effective until 3 months after its announcement at the earliest.
All order processing on our part is done with automatic aid. The client hereby gives his or her express consent to the storage, transfer and further processing of all the data that become known in the context of the contractual relationship.
The client hereby gives his or her revocable consent to our use of his or her master and traffic data and other personal data for the purpose of providing services with added value, for advertising or for information about products, including quotations made exclusively by telephone, e-mail or other electronic media.
For the performance of the agreed services, the client authorises us irrevocably to forward all his or her data to companies affiliated with us.
We shall be liable for loss or damage caused with intent or by gross negligence. We cannot, however, accept liability for loss or damage occasioned by force majeure. Neither will we accept any liability vis à vis clients or third parties for consequential or indirect loss or damage or lost profit.
Neither shall we accept any liability for the correctness of data or information not compiled by ourselves but made available by a third party or parties. The same shall apply to any evaluations of data or budgeting calculations.
Observance of secrecy
Each party shall treat trade and business secrets of the other party that become known in the context of the business relationship and are either marked as confidential or obviously recognisable as such confidentially, and shall continue to do so after the termination of the business relationship.
The client shall notify us of any change of name (company or trade name), address, e-mail address, legal form, company register number or bank account details without delay.
The laws of the Republic of Austria shall apply to contracts with our customers, there being no recourse to the UN Convention on Contracts for the International Sale of Goods (CISG) or to the provisions of private international law. Place of performance for services and payment shall be Vienna. Legal venue for all and any disputes with merchants, legal entities under public law or separate assets in public law arising directly or indirectly from the contractual relationship shall be Vienna.
GTCs in downloadable form (in German)