TERMS AND CONDITIONS
Status: 23 May 2018
We're happy to provide our terms and conditions as a PDF document to download.
The contractor is Business Beat GmbH (Rennweg 1, A-6020 Innsbruck). Business Beat GmbH operates the software as a Service (SaaS) and the web application app.business-beat.com. By using the web application (a) surveys can be created, (b) people can be invited to take part in surveys, (c) data can be evaluated, and (d) the results of the surveys can be viewed.
CONCLUSION OF CONTRACT
The order is placed when the client registers with app.business-beat.com and confirms registration via a link which is sent after the registration to the client's e-mail address (double opt-in). The client declares he/she is an entrepreneur; this contract belongs to the client's business area.
The reproduction, copying and selling of questions, display formats, statistical procedures and design and all other contents of Business Beat are not permitted.
Unless otherwise specified in the respective description of services, the contract for the chargeable packages has a term of twelve months and is extended by the same period if the contract is not terminated one month before the end of the respective term. Business Beat GmbH's services, functions and services which are free of charge can be discontinued at any time. In this case, the client is not entitled to continuation of the services.
Termination must be made in writing. In the event of termination, the registered e-mail address and the date of termination must be provided. Business Beat GmbH shall be entitled to terminate the contractual relationship unilaterally by means of a letter to the e-mail address or postal address given when the contract was concluded with a period of notice of three months. In this case payments already made will be reimbursed on a pro rata basis.
TERMS OF PAYMENT
Payable content and services are payable in advance. All prices are net and do not include VAT.
When using services, functions and services for which there is a charge, the client agrees to receive invoices electronically.
RIGHT TO AMEND AND DELETE
Business Beat GmbH reserves the right to extend, amend and delete functions and services.
Business Beat GmbH is revocably allowed to refer to its business relationship with the client.
a. Business Beat GmbH shall be liable to the client and to third parties only for damages caused by him or his vicarious agents through gross negligence or willful intent, which must be proven by the client.
b. The liability of Business Beat GmbH shall also be limited to the amount of the contractual remuneration of a contractual period and, furthermore, to the foreseeable damage.
c. The client is obligated to ensure the appropriate security of his data. Business Beat GmbH is not liable for data loss.
d. Business Beat GmbH shall endeavour to ensure compatibility with current browsers and operating systems. Nevertheless, no liability can be accepted for usability in all usage environments.
e. Business Beat GmbH shall endeavour to make the application available during the normal business hours without interruption or disruption. Business Beat GmbH shall not be liable for interruptions of service caused by the hosting companies commissioned by Business Beat GmbH.
f. The client indemnifys and holds Business Beat GmbH and all its vicarious agents and other third parties to which Business Beat GmbH is liable under the contract with the client or in connection with their settlement, as well as any other damages and damages that are due to an illegal, abusive or otherwise improper use of the services of Business Beat GmbH and the associated services harmless. In particular, damages resulting from the incorrect statement of data and facts or from the violation of personal, copyright, data protection law or other norms by the client are also covered.
PLACE OF EXECUTION AND COURT OF JURISDICTION
a. As court of jurisdiction, the contracting parties agree upon the court competent for the contractor's place of business. However, the contractor is not entitled to make any claims against the client in his/her place of business.
b. Austrian law shall apply, with the exclusion of the right of conflict.
c. Place of execution for all obligations and services inherent in this contract is the contractor's place of business.