General Terms and Condition

1.       Sale and Delivery

1.1   The general terms and conditions of business of EWS IT Consulting (hereinafter named “EWS”) shall apply for all supplies and services that are conducted by EWS to the costumer. They shall also apply for future business undertakings, even when not specifically mentioned.

1.2   Additional to these, the actual general conditions of delivery of the Austrian “Elektro- und Elektronikindustrie“ and the conditions of software of the Austrian „Elektroindustrie“ are applying.

1.3   Obligations on behalf EWS refer solely to the range and content of an order received by EWS or the respective order confirmation issued by EWS and the stated “General terms and conditions of business” with respect to the content of order.

2.       Prices and Payment

2.1   Unless not subject to change in the order, all prices stated in the order shall apply. In addition the mandatory VAT shall be charged. On behalf EWS prices my subject to change.

2.2   Except when otherwise stated, payments shall be conducted promptly upon receipt of invoice.

2.3   The essential condition for the implementation of services by EWS is his compliance of the terms of payment. In case of default, EWS has the right to charge all costs and expenses, which were resulted. Moreover, EWS has the right to charge the costs of the necessary intervention of the cashing company or lawyers and the normal banking default interests. If the customer pays by credit card, he is urged to check the function of it. If not, the resulted hold-up of the paying and the default interests, will be charged. EWS assumes that the customer roll over his card, before it is passed off.      

2.4   If the customer is in default, EWS is entitled to pauses service from service agreement until full payment, provided that EWS has made a written notice, or he is entitled to cancel the contractual relationship immediately.

2.5    Invoicing as substitution to other open claims with respect to EWS as well as cancellation of payments, based on deficiencies claimed by the customer but not accepted by EWS, is ruled out.

2.6   EWS is entitled to recall contracts relating to services and other continuing obligations, by written or electronically notices, below adherence to the one month cancelation period.

2.7   The client care for an up to date stand of data, which is necessary for the calculation, above all contracted secondary obligations.  (Changed address, expiration date of credit cards,)

2.8   Unless otherwise agreed, will be continuing obligations in the field of phoning completed and they can be every time, without calling reasons, written recalled.

3.       Data Privacy and Security

3.1   According to the legal provisions of the TKG, EWS has the right to retain personal data for purpose of mediation settlement of pay. Impersonal connecting data and others’ logs can be saved and evaluated for saving your computers and others’, also they can be used for technical recovery. Content data is neither analysed, nor cached over the technically necessary minimum level.

3.2   EWS relay neither data, nor content or other customer-data to third parties, outside of the legal framework or the need for operation of an Internet knot. Especially it is necessary to announce routing- and domain information. The customer complies with that. Personal messages and personal data will not be seen.

3.3   EWS will use all known measures to protect the stored data. EWS Is not responsible if someone manages illegal to get this data and uses it. An enforcement of damages of the customer and or third parties in the face of EWS from such a context is excluded.

3.4   EWS has the right to separate customers physical or/and logical from the internet without any notice and immediately, when they are under suspicion to do network activities, which are either safety or operational imperilling for EWS or another computer, or illegal or pestering. The costs of the detecting and the persecution of the activities, the interruption of transmission and any repairs will be charged the customer, with the common hourly rate of EWS. Liabilities of EWS in the face of third parties, because of the separation from the internet are in these cases excluded.

3.5   EWS is authorized personal data of the customers, especially name, academic degree, address, telephone number, e-mail address and birth date, to identify and handle with, in a legitimate purpose. Data of customer will be saved for maximum 5 years after termination of contract, for planning, marketing, accounting and internal statistics. The transfer of personal data happens only on a legal way. EWS is authorized (referred to § 100 ABS. 3 TKG) to hand harassed internet users the identity of the causer in. Furthermore, data of customers can be used for making a register of participation.

4.       Other regulations

4.1    Except when otherwise stated Austrian legal requirements between subjects representing registered companies shall apply. With respect to possible litigation and independent of the value to be litigated, the local jurisdiction of the commercial court in Vienna, Austria, is considered established and agreed upon.

4.2    All notifications and declarations that are of concern to this contract shall only be valid when issued in written form and not contradicted by the recipient.

4.3    Bearing the risk, EWS reserves the right to assign other companies with regard to yielding of payments that result from this contract.

5.       Additional regulations regarding the supply of goods

5.1   EWS remains the owner of all goods supplied to the customer until such time payment has been received in full.

5.2   Except when otherwise stated, warranty period is six months.

5.3   Deficiencies that are subject of warranty will be repaired, respectively spare parts supplied, at the discretion of EWS. It is agreed upon that product alterations or price devaluations are ruled put. Warranty shall be terminated in case repayments or alterations will be conducted by third parties.

5.4   In case of contract cancellation on behalf of the customer, based on circumstances that do not fall within the responsibility of EWS, compensation shall apply. The amount shall be determined on documented efforts made by EWS, 20% net order value being the minimum that was agreed upon. In Addition, Austrian moderation law embodied by the judge is ruled out.

6.       Additional regulations regarding the supply of software

6.1   Upon ordering licensed software from third parties the customer confirms knowledge regarding the scope of performance of the mentioned software license regulations.

6.2   No warranty whatsoever can be claimed for software classified as “Public Domain” or as “Shareware”. Terms of use and license regulations, if applicable, issued by the author of this software shall be taken into consideration.

6.3   Regarding software individually develop by EWS, the scope of performance is defined by a performance description (system analysis) that is co-signed by the customer. Supply comprises the program-code, which can be applied at the marked equipment and installations, as well as a program manual. The source-program rights shall remain with EWS.

6.4   EWS shall not take warranty for the fact that: supplied software meets all demands of the customer; software interacts with a selection of other programs selected by the customer and programs run permanently without the manifestation of errors; or restricted to reproducible deficiencies within the field of the program function. 

6.5   Transmission of software to third parties, including short-time lending, is absolutely ruled out.

7.       Additional regulations regarding firewalls

7.1   EWS exercises reasonable care with best available technology by firewalls, which were set up and/or verified by EWS. But RES points out, that absolute safety of firewall-systems cannot be guaranteed. Therefore a responsibility of EWS is excluded, from the warranty title or compensation for any disadvantages, which result from a avoiding or from an out of operation taking of the customers’ firewall-system.

7.2   EWS indicated, that there is not any liability, neither for application errors of the contractor or his servants and employees, nor for unauthorized modification of the software or configuration without any authorization of EWS.

8.       Additional regulations regarding services

8.1   The use of EWS – services by third parties as well as the chargeable passing of EWS-services to third parties requires the explicit written agreement of EWS.

8.2   IP connectivity to other network operators will depend for measure of opportunities. Using other networks is subject of restrictions on use of the respective operators (Acceptable Use Policy). It also in use for limitations of harassing e-mails.

8.3   The customer accepts the necessity of compliance with the standards RFC1009, RFC1123 and RFC1250. In case of damages resulting from the non-compliance with the standards mentioned above and affecting EWS as well as other network participants as a result, EWS reserves the right to diminish connectivity until standard compliance is assured and charge all efforts that resulted through standard non-compliance.

8.4   The customer recognizes the necessary of adherence of “netiquette”. If there are complaints from the internet about the customer to EWS, EWS has the right in case of repetition to close the access and to terminate the contract immediately. Moreover, this process will be charged to the contractor.

8.5   The general terms and conditions of business shall apply to contracts for the use of network services to the extent of the contract not containing explicitly other regulations.

8.6   The customer is obliged to keep his passwords save. He is liable for damages caused by insufficient protection of the passwords by the customer or by transfer to third parties.

8.7   EWS shall not be liable for the content of transmitted data or for data content made accessible through EWS-services.

8.8   EWS is not liable for the content of submitted data or for the contents of data that can be accessed by services of EWS. The contract partner is committed to adhere to the use of services provided by EWS services and data lines to the Austrian and international laws. If the contracting party is a reseller in turn, it will impose this obligation to its customers and take all reasonable measures to prevent the illegal use of the services and data lines. EWS reserves the right to prevent the transport of data or services that are inconsistent with the Austrian laws or international obligations or good morals, but it do not commit to it.

8.9   EWS advises the customer to observe the pornography law BGBl. 1950/97 idgF, prohibition law of 8th May 194 and the relevant rules of the criminal law, which say that transmission, distribution and exhibition is subject to restrictions. The contractor agrees to comply these laws and to have the only responsibility to observe the laws. Also the customer binds himself to do not allow persons under 18 the internet access, except under the supervision of parents or guardians. Furthermore, EWS advises the contractor to observe the provisions of the Telecommunications law BGBl 1997 I/100 and the specified duties of the holders of terminals. The contractor also agrees to comply the provisions of the Telecommunication law and the relevant telecommunications legislation norms, especially omission of use of telecommunication systems for reportable services, without prior notice. The contractor further agrees to keep  EWS free from damages, which otherwise result from data which is on the market, especially  result by private plaint because of libel, slander or credit damage (§§ 111, 115, 152 StGB), or by media  law processes, copyright law, or because of civil defamation and/or credit damage (§ 1330 ABGB).

8.10  EWS performs the arranged service to the same extent as it is possible under the contractor supplied, technical condition by other services on provided hard and software, e.g. installations, expansion of function, etc. . EWS does not guarantee that the provided components from all functional requirements of the contracting party can be produced.

8.11  Liability for consequential damages, lost profits and property damage within the meaning of paragraph 9 Product Liability Act is excluded by agreement.

9.       Additional regulations regarding distributors

9.1   The distributor obligate himself to impose the duties of the general terms and conditions, especially points 3 and 8 on his customers, and he adhere in the face of EWS for damages, which result by violation of this duties through his customers.

 

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