1.1. The Contractor shall render the Client with IT services and the operation of hardware and software components subject to the Service Level Agreements (SLAs) attached, which shall form an integral part of these Terms and Conditions.
1.2. These General Terms and Conditions (T&C) shall apply to all present and future services that the Contractor provides to the Client, even in individual cases, in which no explicit reference is made to the T&C upon conclusion of contract. Terms and conditions of the Client shall only apply should the Contractor agree to these in writing.
2. Scope of services
2.1. The exact scope of services of the Contractor shall be established in the respective SLA with the Client. Insofar as not otherwise agreed, the Contractor shall perform their services during their usual business hours according to the SLA.
The Contractor shall arrange for the performance and availability of the services according to the respective SLA.
2.2. The appliances and technology used in the rendered services by the Contractor shall be based on the qualitative and quantitative service needs of the Client, as identified by means of the information provided by the Client. Should new needs by the Client require a change of services and/or of the technology used, the Contractor shall provide a corresponding quote at the request of the Client.
2.3. The Contractor shall be entitled to change the appliances used in the rendering of services at their discretion, insofar as this does not compromise the services.
2.4. Additional services performed for the Client by the Contractor, which exceed the agreed scope, shall be paid for by the Client according to actual staff and material costs at the usual prices of the Contractor. This shall particularly include services rendered outside of the usual business hours of the Contractor, the analysis and rectification of incidents and errors caused by improper use or operation by the Client or other circumstances, which cannot be attributed to the Contractor. Additionally, training services shall not be included in the services on principle and shall require a separate agreement.
2.5. Should the Contractor arrange for third-party services at the request of the Client, these contracts shall only be concluded between the Client and the third party based on the terms and conditions of the third party. The Contractor shall only be responsible for services they themselves render.
2.6. We expressly indicate that a barrier-free design, as defined by the Federal Law on Equality of Persons with Disabilities (Federal Disability Discrimination Act — BGStG) is not included in the quote, unless this was separately/individually requested by the Client. Should a barrier-free design not have been agreed upon, it shall be incumbent upon the Client to check the admissibility of the service with regard to the Federal Disability Discrimination Act.
3. Client obligations of cooperation and facilitation
3.1. The Client shall undertake to support all measures necessary for the rendering of services by the Contractor. Furthermore, the Client shall take measures, which are necessary for the fulfilment of the contract and are not included in the scope of services of the Contractor.
3.2. Should the services be rendered on-site on the premises of the Client, the Client shall, free of charge, provide the net components, connections, supply current incl. peak voltage equalization, emergency power supply, floor space for equipment, working spaces as well as infrastructure in the required quantity and quality (e.g. air conditioning) necessary for the rendering of services by the Contractor. In any case, the Client shall be responsible for adhering to the prerequisites requested by the respective manufacturer for the operation of hardware. Similarly, the Client shall provide room and building security, such as protection against water, fire and unauthorized access. The Client shall be responsible for special security precautions (e.g. safety cells) on their premises. The Client shall not be entitled to give employees of the Contractor instructions, regardless of nature, and shall exclusively inform the contact person named by the Contractor about all needs pertaining to the rendering of services.
3.3. The Client shall provide all information, data and documents necessary for the execution of the order in the form requested by the Contractor, on the fixed dates and at their own cost, and shall support the Contractor in problem analysis and emergency maintenance, the coordination of data processing orders and the coordination of services if requested. Changes in work processes of the Client, which might cause changes in the services to be rendered by the Contractor for the Client, shall require prior coordination with the Contractor regarding their technical and commercial effects.
3.4. Unless expressly specified in the scope of services of the Contractor, the Client shall ensure connection to the grid at their own risk and cost.
3.5. The Client undertakes to handle confidentially those passwords and that log-in information necessary for the use of the services of the Contractor.
3.6. The Client shall store all data and information given to the Contractor at their premises as well, so that these may be reconstructed at any time in case of loss or damage.
3.7. The Client shall fulfil their obligations in a timely manner such that the Contractor is not hindered in the rendering of services. The Client shall ensure that the Contractor and/or the third parties commissioned by the Contractor to render services have the necessary access to the premises of the Client.
The Client shall be responsible for the employees of their associated enterprises or third parties commissioned by the Client, which are involved in the contractual fulfilment, such that these assist accordingly in contractual fulfilment.
3.8. Should the Client not fulfil their obligations of cooperation by the agreed dates or in the agreed scope, the services rendered by the Contractor shall nevertheless be considered as rendered according to contract in spite of possible limitations.
Schedules for the services to be rendered by the Contractor shall be postponed to an adequate extent. The Client shall separately reimburse additional expenditures and/or costs hereby incurred by the Contractor at the respective rates of the Contractor.
3.9. The Client shall ensure that their employees and the third parties affiliated to them handle the appliances and technologies used by the Contractor as well as, if applicable, assets left to the Client with care. The Client shall be liable to the Contractor for any damage.
3.10. Insofar as no other provisions are agreed upon, facilitation and cooperation of the Client shall be free of charge.
4.1. Should any employees of the Client be transferred to the Contractor according to the agreements of the contractual partners, a separate written agreement shall be concluded for this purpose.
5. Change requests
5.1. Both contractual partners may request amendments to the scope of services at any time (“change requests”). However, a requested change shall include a precise description of said change, the reasons for the change and its impact on the schedule and the costs in order to provide the other party with the opportunity to conduct an assessment. A change request shall only be binding by means of legally binding signatures of both contractual partners.
6. Impairment of performance
6.1. The Contractor undertakes to provide services according to contract. Should the Contractor not provide their services by the agreed dates or only deficiently, i.e. considerable deviations from the quality standards agreed upon, the Contractor shall immediately begin to rectify the defects and provide their services in due form, free from defects, within an adequate period, by either repeating the affected services or completing necessary improvements as they deem best.
6.2. Should the deficiency be caused by facilitation or cooperation of the Client, or by an infringement of the obligations of the Client as stipulated in Clause 3.9, any obligation to rectification of defects free of charge shall be excluded. In such cases, the services rendered by the Contractor shall nevertheless be considered as rendered according to contract in spite of possible limitations. The Contractor shall chargeably rectify the defect at the request of the Client.
6.3. The Client shall support the Contractor in the rectification of defects and shall provide all necessary information. The Client shall immediately notify the Contractor in writing or by e-mail of any deficiencies that occur. Any additional costs arising from delayed notification in the rectification of defects shall be borne by the Client.
6.4. The provisions of this Clause shall apply accordingly to possible deliveries of hardware or software products from the Contractor to the Client. The guarantee for such deliveries shall be six months starting from transfer. Section 924 of the Austrian Civil Code “Assumption of Deficiency” shall be excluded by mutual agreement. For any hardware or software products of third parties allocated to the Client by the Contractor, the guarantee conditions of the product manufacturer shall prevail over the provisions of this Clause. Until full payment is made, the Contractor shall retain ownership of all hardware and software products delivered by them.
7. Contractual penalty
7.1. The Contractor shall adhere to the fulfilment steps and/or restoration dates as listed in the SLA according to their priorities. Should the Contractor exceed the deadlines listed in the SLA, the Contractor shall pay penalties to the Client per each exceeded hour commenced until actual restoration (completion) according to the SLA:
The penalties per year mentioned above shall be limited to an amount of 20% of the total fees of the year. Enforcement of further claims for damages shall be excluded, save for cases of wilful or gross negligence.
Should an excess with penalties occur, the Contractor shall be immediately informed thereof in writing.
8.1. The Contractor shall only be liable to the Client for damage the Contractor verifiably causes in cases of gross negligence. This shall also apply mutatis mutandis to damage caused by third parties brought in by the Contractor. In case of bodily injuries caused by the Contractor, the Contractor shall be liable without limitation.
8.2. Liability for indirect damage, e.g. loss of profit, costs related to interruptions, data losses or claims of third parties, shall be expressly excluded.
8.3. Claims for damages shall lapse according to legal provisions, however, at the latest after one year starting from the knowledge of the damage and the person responsible for this.
8.4. Should the Contractor fulfil work with the assistance of a third party and any guarantee and/or liability claims arise against this third party therefrom, the Contractor shall cede those claims to the Client.
8.5. Should data backup be expressly agreed upon as a service and signed by both parties, liability for the loss of data shall not be excluded, deviating from Clause 8.2, however, restoration of the data shall be limited to a maximum of 10% of the total order sum per case of damage, however, with an overall maximum of EUR 15,000. Further claims for damages and guarantees of the Client than those stipulated in this Contract shall be excluded, regardless of legal basis.
8.6. Disclaimer of Warranty if using Open Source Software – THERE IS NO WARRANTY FOR THE PROGRAM, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING THE COPYRIGHT HOLDERS AND/OR OTHER PARTIES PROVIDE THE PROGRAM “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE PROGRAM IS WITH THE CLIENT. SHOULD THE PROGRAM PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
8.7. Limitation of Liability if using Open Source Software – IN NO EVENT UNLESS REQUIRED BY APPLICABLE LAW OR AGREED TO IN WRITING WILL ANY COPYRIGHT HOLDER, OR ANY OTHER PARTY WHO MODIFIES AND/OR CONVEYS THE PROGRAM AS PERMITTED ABOVE, BE LIABLE TO YOU FOR DAMAGES, INCLUDING ANY GENERAL, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PROGRAM (INCLUDING BUT NOT LIMITED TO LOSS OF DATA OR DATA BEING RENDERED INACCURATE OR LOSSES SUSTAINED BY THE CLIENT OR THIRD PARTIES OR A FAILURE OF THE PROGRAM TO OPERATE WITH ANY OTHER PROGRAMS),
EVEN IF SUCH HOLDER OR OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF
8.8. Interpretation of Sections 8.6 and 8.7. – If the disclaimer of warranty and limitation of liability provided above cannot be given local legal effect according to their terms, reviewing courts shall apply local law that most closely approximates
an absolute waiver of all civil liability in connection with the Program, unless a warranty or assumption of liability accompanies a copy of the Program in return for a fee.
9.1. The remuneration to be paid by the Client and the conditions thereof shall be determined in the contract. Statutory VAT shall be charged additionally.
9.2. Travel time of the employees of the Contractor shall be considered working hours. Travel time shall be remunerated at the amount of the hourly rate agreed upon. The stated rates shall change according to the flexible price clause in Clause 9.5. Additionally, the Client shall reimburse travel expenses and possible accommodation expenses (4*) according to actual costs. Reimbursement of travel and other expenses shall take place upon submission of receipts (copies).
9.3. The Contractor shall be entitled to make the rendering of services subject to payment of advance payment or the facilitation of other securities of an adequate amount by the Client at all times.
9.4. Insofar as there are no other contractual agreements, non-recurring remuneration shall be paid after service completion. Continuous remuneration shall be paid monthly in advance. The invoices issued by the Contractor incl. VAT shall be paid within 7 days of receipt of the invoice without deductions and free of charges. In case of partial invoices, the payment conditions agreed upon for the entire order shall apply by analogy. Payment shall be considered completed on the day upon which the Contractor has this at their disposal. Should the Client fall into payment arrears, the Contractor shall be entitled to charge statutory default interest and all costs necessary to enforce payment. Should the arrears of the Client exceed 10 days, the Contractor shall be entitled to discontinue all services. Furthermore, the Contractor shall be entitled to demand immediate payment of the remuneration for all services provided so far, regardless of any payment terms.
9.5. Continuous remuneration shall be based on the collective agreement salary for salaried staff of businesses in the service sector in automatic data processing and IT on the experienced level for special tasks (ST2).
9.6. The Client shall only be entitled to exercise a set-off with a counterclaim either accepted by the Contractor or legally determined. The Client shall not be entitled to right of retention.
9.7. The Client shall bear all charges resulting from the contractual relationship, e.g. taxes, VAT, legal transaction fees or taxes at source.
Should the Contractor be charged such fees, the Client shall indemnify and hold the Contractor harmless.
10. Force majeure
10.1. Insofar and for as long as obligations cannot be fulfilled in due time or in due form due to force majeure, e.g. war, terrorism, natural disasters, fire, strikes, lockouts, embargos, state intervention, power cuts, cancellation of transport, telecommunication network and/or data lines blackouts, legislative changes after conclusion of contract that have an effect on services, or other unavailability of products, this shall not pose a breach of contract.
11. Right of utilization for software products and documentation
11.1. Insofar as the Contractor allocates software products to the Client or the Client is enabled to use software products within the framework of services, the Client shall be entitled to the non-exclusive, non-transferrable, not sub-licensable right to use the software in unaltered form for the duration of the contract. In the case of Web-based use, there is no right to transfer the Software or the Source code to the Client. The unchanged Form refers only to the use via the Browser.
11.2. For the use of software products in a network, each simultaneous user shall require its own license. For the use of software products on standalone computers, each PC shall require its own license.
11.3. The license conditions of the respective software manufacturer shall prevail over the provisions of this Clause where the Contractor allocates third-party software products to the Client.
11.4. Provided that no separate agreement is made, no further rights to software products shall be transferred to the Client.
11.5. Documents allocated to the Client by the Contractor, particularly software product documents, shall not be copied or in any way distributed in exchange for money or free of charge.
12. Term of contract
12.1. The contract shall enter into force by means of the signatures of both contractual partners and shall be unlimited. The contract may be terminated by each contractual partner subject to a notice period of six months, however, at the earliest at the end of the minimum term agreed upon in the contract, by means of a letter sent by registered post.
12.2. Each contractual partner shall be entitled to terminate the contract prematurely and without notice in case of an important reason by means of a letter sent by registered post. An important reason shall particularly be in the event that the other contractual partner violates obligations arising from the contract in spite of a written warning or threat of termination, if the other contractual partner has applied for or has begun insolvency proceedings or if such proceedings have been declined due to insufficiency of assets or the services of the other contractual partner will be hindered or impeded for more than six months due to force majeure.
12.3. Furthermore, the Contractor shall be entitled to prematurely terminate the contract, should crucial parameters of service provision have changed and the Contractor therefore cannot be expected to continue the services for economic reasons.
12.4. Upon termination of contract, the Client shall immediately return all documents and files received from the Contractor.
12.5. Upon termination of contract, the Contractor shall support the Client upon request in returning the services rendered to their previous state to the Client or a third party named by the Client at the cost of the effective hourly rates of the Contractor.
12.6 in the event of an Online contract being concluded, the signatures shall be waived and the order shall be placed via the online ordering option upon sending the order. For online orders of Webspace and Services, a reduced notice period of 1 month applies.
13. Data protection / confidentiality
13.1. The Contractor shall adhere to the regulations of the Austrian Data Protection Act, the GDPR and the Austrian Telecommunications Act regarding the handling of personal data and shall take the technical and organisational measures necessary for data protection in their area of responsibility.
The Contractor, and in particular their employees, undertake to fulfil the provisions stipulated in Section 6 of the Austrian Data Protection Act.
13.2. The data privacy statement as defined by Section 13 and 14 GDPR and the data processing agreement as defined by Section 28 Para. 3 GDPR shall be attached to the order.
13.3. In the case of Online orders the privacy statements of each website on which the order is made has priority. This eliminates 13.2 in case of Online orders.
14.1. Each contractual partner shall guarantee the respective other to treat any operational secrets they learn from the other in relation to this contract and its completion as secrets and to not disclose these to third parties, unless these secrets are generally known, were known by the recipient prior to the obligation of non-disclosure, the recipient was informed about these by a third party without non-disclosure obligation, the recipient verifiably developed these on their own or these have to be disclosed due to a legally binding decision of authorities or a judge.
14.2. The sub-contractors affiliated with the Contractor shall not be considered third parties insofar as these are subject to a non-disclosure agreement that conforms to this Clause.
15.1. The contractual partners shall name knowledgeable and competent employees who may make or prompt the necessary decisions.
15.2. The Client shall not themselves or via third parties headhunt employees working for the Contractor in the provision of services during the term of contract and for a year after termination of contract. The Client undertakes to pay a contractual penalty to the Contractor in case of infringement, to the amount of twelve times the most recent monthly gross salary of the employee concerned, however, at least the salary of salaried staff of businesses in the area of services in automatic data processing and IT at the experienced level for special tasks (ST2) according to the collective agreement.
15.3. Any alterations and amendments to this contract shall be made in writing. This shall also apply to the cancellation of this form requirement.
15.4. Should individual clauses of the contract be or become invalid or not feasible in full or in part, the other clauses shall be and shall remain valid. The invalid or non-feasible clause shall be replaced with a valid one, the intention of which comes as close as possible to the meaning and economic purpose of the invalid one.
15.5. Every ordinance made pertaining to the rights and obligations according to this Contract shall be subject to the prior written consent of the respective other contractual partner. Albeit, the Contractor shall be entitled to transfer the contract to an affiliated enterprise even without the consent of the Client.
15.6. Unless something else has been agreed upon, the legal provisions in terms of Austrian law for contracts between businesses exclusively apply, even in case the mandate is implemented abroad. The local jurisdiction of the objectively competent court for the place of business of the Contractor shall be exclusively agreed upon for possible disputes.
The court of jurisdiction shall be Salzburg, Austria.
16. Special conditions applicable to webspaces, hosting products, dedicated and virtual servers
16.1. The Client provides explicit assurance that the provision and publishing of his websites’ contents or data neither infringes Austrian or German law nor other relevant national legislation, in particular copyright law, trademark law, rights to the name, data protection law and competition law. The Contractor reserves the right to temporarily block content that appears to be dubious in this respect. The same shall apply if the Contractor is requested by a third party to modify or delete content on hosted websites, because it apparently infringes upon third party rights.
16.2. In the event that the Client provides evidence that there is no risk of infringing third party rights or any other infringement of the law, the Contractor shall make the websites in question available again to third parties. The Client herewith indemnifies the Contractor against all third party claims for compensation resulting from impermissible content on one of the Client’s websites.
16.3. The Client shall be prohibited from providing the following services:
• Internet Relay Chat (IRC) services
• Anonymisation services
• P2P online exchanges
16.4. The Client has sole responsibility for its content on webspaces and the security of the server. He is responsible for installing security software, informing himself regularly about security vulnerabilities that become known and for removing such vulnerabilities. If the Contractor makes security or maintenance software available this shall not release the Client from his responsibilities in this respect.
16.5. The Client undertakes to set-up and manage his server, workstation and devices such that security, integrity, network availability, other servers and the software and data of third parties and of the Contractor are not put at risk.
16.6. Should, as a result of his serverr, workstation or devices security, a Client put at risk the integrity, network availability, other servers and the software and data of third parties and of the Contractor or if the Client is under such a suspicion based upon objective circumstances, the Contractor shall be entitled to temporarily block the server or the webspace. This shall apply in particular to so-called denial of service attacks (DoS attacks) that the Client carries out via his server and also in the event that the Client is not responsible for the detrimental act or circumstances, e.g. if the Client’s server is manipulated and used by third parties. A wilful act carried out by the Client shall entitle the Contractor to terminate the contractual relationship without notice and without first issuing a warning.
16.7. If spam e-mails are sent via the server (see the section “Special conditions applicable to e-mail services”) the Contractor shall again be entitled to temporarily block the server.
16.8. Unless otherwise agreed, the Contractor shall be under no obligation to back-up client data. If the Client instructs the Contractor to provide a data backup service the Client shall, promptly and at regular intervals, check the data backed up by the Contractor for completeness and its suitability for data reconstruction. The Client shall immediately inform the Contractor of any irregularities discovered.
16.9. The Contractor shall be entitled to regularly check or audit the Client’s server for compliance with the contractual agreements and provisions, in particular the licensing provisions. In line with this, the Contractor is in particular entitled to examine whether the Client has obtained a sufficient number of software licenses. The Client shall be obliged to cooperate during the performance of these audits. This includes providing the Contractor necessary information and data in a timely fashion and adequate amount as well installing a perpetual software for this purpose or allowing an installation through the Contractor.
17. Applicable law, place of jurisdiction
17.1. The laws of the Republic of Austria shall apply with the exception of the unified United Nations Convention on Contracts for the International Sale of Goods (CISG).
17.2. Provided the Client is a registered trader, a corporate body under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising directly or indirectly from this contractual relationship shall be Salzburg. The Provider shall furthermore be entitled to bring legal action against the Client at the Provider’s general place of jurisdiction.
17.3. The provider does not take part on a dispute resolution in front of a consumer arbitration board.
18. Other provisions
18.1. With the exception of notices of termination, all information and notices issued by the Provider can be addressed to the Client through electronic communication channels, in particular via the Element Messenger, teh ticket system or by e- mail to the e-mail address stipulated by the Client.
18.2. Should a provision of this contract be or become invalid or unenforceable or should it contain a loophole that must be closed, the validity of the remaining provisions shall remain unaffected. In place of the invalid or unenforceable provision the parties shall agree upon a new provision which comes as close as possible to the commercial purpose of the invalid or unenforceable provision. The same shall apply in the case of a loophole.
18.3. All Hosting and provider products use Open Source Software. It is therefore agreed that 8.6 to 8.8 will be used for these products.
18.4. Only the German Version of all documents shall apply in the event of a legal dispute. Any other language version has only informal Character.
19. Additional terms and conditions for CPV.Agency Web Space Clients
19.2 each Webspace Client is responsible for its site imprint owner and publisher and thus for the content. Any Copyright violations and other messages must be addressed directly to the Client-
19,3 the Contractor has no influence on the content of the individual Webspaces. Each web space receives its own independent name, which is visible in the first area of the address as the “publishernickname”: https://cpv.agency/publishernickname/
19.4 the Contractor is in no case responsible for the content of the Client and liability of the Contractor is excluded.
19.5 the Client shall select the appropriate payment provider or payment method for the type of its own offer. Currently Contractor supportspayment by invoice, Stripe, Paypal, Authorize.net, Braintree Payments, 2Checkout and Cybersource. More are planned. The Basis is the payment on account. The information text must be entered by the Client in such a way that all legal requirements are fulfilled. Payment on account is always retained as the second payment method and a payment provider, e.g. Paypal, can be selected additionally. The different payment providers have different rules in regards to adult content, and the selection of the payment provider must be made by the Client based on the terms and conditions of the payment provider. Should the Client trigger a blockade of other users or of the contractor through the improper use of a payment provider, the Client shall be fully liable towards all injured parties. The Client shall reimburse the Contractor and other injured parties for any costs incurred by breach of these GTC within 7 days.
19.6 as the operator, the Client must register and pay all taxes and duties by himself. As a Webspace and Hosting provider, the Contractor is under no circumstances responsible for the Client’s tax obligations. Any offers and proceeds that the Client offers or achieves with its web space, See also 19.2, are made in the name and for the account of the Client. The Contractor has neither influence nor access to Content and revenues.
19.7 the Client is obliged to examine local tax and tax obligations and to pay these taxes accordingly. This applies in particular, without claim to completeness: income tax, VAT, local taxes, Social Security taxes. The Contractor as a Webspace and Hosting Provider can and may not give any advice in the sense of law or tax law.
19.8 the Client is fully responsible for any Copyright infringement. The Contractor cannot and must not give legal advice. In general, however, it is safest to write and / or create texts and pictures by the Client Pictures should only show the Client itself in order to prevent claims of persons, of which no Model Release exists. No protected works, e.g. pictures, works of art, protected architecture, may be visible on the picture. In any case, it is generally forbidden to copy text from a third-party source without a license. to copy and publish these, or to copy, link, or otherwise reproduce and publish images from a third-party source without a license. A text or image is also considered published in the Pay Area.
19.8.1 it is generally prohibited to advertise third-party products directly or indirectly, e.g. by showing products. In addition, it is forbidden to show protected names, Logos and lettering as Text, or even in the picture. This also applies to prints on clothing, props or the like. Should it be desired to place advertising directly or indirectly on the web space, the client will first contact the contractor’s Support in order to find an agreement on the legal and financial modalities with the contractor. In any case, a placement of direct or indirect advertising on the web space must be submitted only with the written consent of the contractor. In the event of infringements, the contractor is entitled to block the web space until the incident has been clarified and the customer shall indemnify and hold the contractor harmless for any costs. The customer is not entitled to compensation for any damage that may have occurred as a result of the suspension.
19.9 the Client shall indemnify and hold harmless the Contractor and shall reimburse any costs incurred within 7 days, in detail at the Contractor.
19.10 the Client confirms that he is an entrepreneur within the meaning of the KschG, that he has obtained all necessary permissions as an entrepreneur and that he has also fulfilled all tax law applications and provisions. The Consumer Protection Act (Kschg) is therefore not applicable and the Client explicitly confirms this by acknowledging the GTC in the context of the order.
19.11 by the complete fulfilment of the contract by the Contractor before the expiry of the withdrawal period of 14 days, the Client loses his right of withdrawal. The customer explicitly confirms this by acknowledging the GTC within the scope of the order.
19.12 in the event of doubt, the Contractor is entitled to request documents from the Client at the discretion of the Contractor for examination, in particular to proove item 19.10. The Contractor can block the Service completely or in parts until the facts have been clarified. The acceptance or rejection of an order is the responsibility of the Contractor, who is also entitled to delete the entire area.
19.13 The Contractor is entitled to automatically delete the content of the Client at regular intervals. At the time of the creation of these terms and conditions, the Content (texts, images, etc.) is automatically deleted after 90 days. The contractor is entitled to change this period downwards or upwards without prior notice and without requiring the consent of the customer. Lock and Deactivations for other reasons are not affected. As far as possible, the contractor will publish the currently valid period in the FAQ.
19.14 the law of the Republic of Austria shall apply to the exclusion of the uniform UN Convention on contracts for the international sale of goods (CISG).
19.15. It is the German Version of this document in the event of a legal dispute shall exclusively apply. Any other language version has only informal Character.
19.16 if conditions of Section 19, areas of previous points agree differently, shall apply to CPV.Agency Webspace products primarily comply with the terms of Section 19 and replace them.