conditions of contract

FOR APP.BUSINESS-BEAT.COM

As of: 17 January 2023

The contractor is Business Beat GmbH (Helga-Krismer-Platz 1, A-6020 Innsbruck). Business Beat GmbH operates the Software as a Service (SaaS) and the web application app.business-beat.com. With the help of the web application (a) surveys can be created, (b) people can be invited to surveys, (c) evaluations of the data can be carried out and (d) the results of the surveys can be viewed.

Conclusion of an order

The order is concluded by the client signing the order confirmation or by the delivery/partial delivery of the respective services (licence, additional services, etc.).

privacy

The data protection declaration is an integral part of the contractual conditions and can be found onwww.business-beat.com/policy. Business Beat GmbH does not grant access to individual data or access to data records.

Copyright

The duplication, copying and sale of questions, display forms, billing models, design and all other contents of Business Beat are not permitted.

Contract

Unless otherwise stated in the respective service description, the contract of the fee-based packages has a term of twelve months and is extended by the same period if notice to terminate the contract is not provided one month before the end of the respective term. Free services, functions and other services of Business Beat GmbH can be discontinued at any time. In this case, the client has no claim to a continuation of the service.

Termination of the contract

Termination requires written notice. When terminating the contract, the registered e-mail address and the termination date must be provided. Business Beat GmbH is entitled to terminate the contractual relationship unilaterally by sending a letter to the email address or postal address provided at the time of the contract’s conclusion with a notice period of three months. Pro rata prepaid fees will be refunded, in this case.

Price indexing

The prices quoted are adjusted annually on the basis of the consumer price index (as per Statistik Austria).

Terms of payment

Fee-based content and services are to be paid in advance. All prices are net prices plus VAT. If travel expenses are incurred, these are to be borne by the client. Travel expenses are calculated as follows: Austrian official mileage allowance for cars x 2.

Transferring invoices

When using paid services, functions and services, the client agrees that the invoice will be transmitted electronically.

Subject to changes & deletions

Business Beat GmbH reserves the right to extend, change and delete functions and services.

Reference

Business Beat GmbH is revocably permitted to refer to the business relationship with the client.

Disclaimer

Business Beat GmbH shall only be liable to the customer and third parties for such damages caused by them or their agents through gross negligence or intent, whereby this must be proven by the customer.
The liability of Business Beat GmbH is also restricted in amount to the fee stipulated in the contract for the contractual period and also to foreseeable damage.
The customer is obliged to ensure that their data has been adequately secured. Business Beat GmbH is not liable for data loss.
Business Beat GmbH makes every effort to ensure compatibility with standard browsers and operating systems. Nevertheless, no liability can be assumed for the usability in all usage environments.
Business Beat GmbH endeavours to make its web application available during normal business hours without disruption or interruption. Business Beat GmbH is not liable for service interruptions caused by hosting companies commissioned by Business Beat GmbH.
Business Beat GmbH is not liable for service interruptions caused by hosting companies commissioned by Business Beat GmbH.
The client shall indemnify and hold harmless Business Beat GmbH and all its agents as well as other third parties to whom Business Beat GmbH is liable on the basis of the contract with the customer or in connection with its execution, as well as with regard to all other damages incurred due to an unlawful, improper or other breach of duty in the use of the services of Business Beat GmbH and associated services. In particular, damages resulting from an incorrect or improper representation of data and facts or from the violation of personal, copyright, data protection or other standards by the customer are also covered.
The group membership of individuals (tags) may not be designed by the customer in such a way that an assignment of individual answers to certain persons is possible or that the pseudonymisation measures of Business Beat GmbH are circumvented. The customer shall hold Business Beat GmbH completely harmless and indemnified in this regard. This applies, in particular, also to any claims of employees or other staff of the client made against Business Beat GmbH. If claims are made against Business Beat GmbH in such cases, the customer shall bear the burden of proof in the internal relationship with Business Beat GmbH with regard to compliance with the requirements of this point as well as to the absence of illegality and fault.
Indemnification and holding harmless within the meaning of this contract also includes the costs of appropriate legal action.

Place of performance and jurisdiction

The contracting parties agree that the place of jurisdiction shall be the court responsible for the registered office of Business Beat GmbH. However, Business Beat GmbH remains free to assert claims against the customer at its registered office.
Austrian law shall apply to the exclusion of conflict of laws.
The place of performance for all obligations and services arising from this contract is the registered office of Business Beat GmbH.

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