1 Scope and applicability
1. The General Terms and Conditions of I-Profi are applicable to
all internet services that I-Profi provides with respect to the
client. They are also applicable to all future transactions,
even if explicit reference is not made to them.
2. As a supplement to the I-Profi General Terms and Conditions,
the General Terms for Data Processing Services by Computer
Centers, published by the Management Consulting and Data
Processing Professional Association, Austrian Chamber of
Commerce, are also applicable in their current version.
§ 2 Legal provisions
1. The customer is obligated to adhere to the Austrian laws
regarding I-Profi, even in international data communication, and
to report violations of the law that are noticed.
2. In addition, when there are violations of Austrian law or
international law (such as telecommunications law, media law,
Nazi prohibition law, pornography law, copyright law and
criminal law, in particular), the customer is obligated to
indemnify I-Profi against every loss that arises from data and
messages transmitted, disseminated or issued by the customer,
and to indemnify and hold I-Profi harmless from and against
3. Regardless of fault, the customer is responsible for all
activities that take place on his connection, and will indemnify
and hold I-Profi harmless from and against all losses that
result. Also included in the absolute indemnification, in
particular, are fines of any type to be paid, and the costs of a
corresponding legal defense always as well.
§ 3 Contract term
1. The minimum contract term for services by I-Profi amounts to
1 year for domains that end with "at." and "co.at.", and
"or.at." top level domains, and 2 years for domains in the
".info", ".biz" and ".name" domains.
2. Without a written notice of contract termination with a
period of notice of 30 days
to the end of the 12-month period,
each current contract extends
automatically by an additional 12 months.
information contained in the catalogs, brochures, websites and
similar items are controlling only if reference is made to them
explicitly in the order confirmation.
The minimum contract term for a
link amounts to 1 year.
After dispatch of
the annual invoice takes place, 14 day period of notice for
4 Payment of compensation
1. The invoice for services is to be paid in advance for each
contract period, and to the extent that nothing is stipulated
otherwise, it is due for payment without discount promptly upon
receipt of the invoice.
2. If the stipulated compensation does not arrive at the account
provided in the invoice in a timely manner, I-Profi can block
access without prior notice until the arrival of the payment.
The block on access has no effect on the payment obligation for
periods of service for which notice of termination has not been
3. In the case of payment default, I-Profi is entitled to charge
for expenses and costs that arise as a result, along with the
customary bank default interest rate.
4. To the extent that nothing is stipulated otherwise in the
order, the prices specified in the offer or in the order form
In the case of payment default, I-Profi is entitled to
commission a collection agency at the expense of the customer.
§ 5 Exclusion of liability
1. I-Profi is liable for losses outside of the scope of the
products liability law only to the extent that intent or gross
negligence is proven, in the context of the legal provisions.
Liability is precluded for simple negligence, for compensation
for consequential damages and financial losses, savings not
realized, lost profits, lost data, interest losses and losses
from claims by third parties against the customer. In
particular, all claims from the failure of the I-Profi servers,
whatever the grounds, are precluded.
2. I-Profi is not liable for the content, completeness,
correctness and so forth of transmitted or requested data, or
for data that are accessible via I-Profi.
3. I-Profi makes no guarantee that the offered services will
always be available and that the data on the I-Profi computers
will always be maintained.
4. I-Profi reserves the right to suspend individual publicly
accessible offers if legal provisions require it.
5. I-Profi is liable for losses caused by employees, assistants
or agents only in cases of intent or gross negligence. This
applies for customer support in particular. I-Profi accepts no
liability for losses that arise from an official
telecommunications authorization or another official permits
that are required but not granted, or from contractual
third-party permits or approval that are required but not
§ 6 Data protection
1. I-Profi makes use of all possible technical measures to
protect the customer data that it stores. However, I-Profi is
not liable if third parties access this data in an unlawful
manner and reuse it. The assertion of a claim against I-Profi
for losses of the party to the contract or third parties from a
context of this sort is precluded by common accord.
§ 8 Withdrawal
1. I-Profi is entitled to withdraw from the contract if
a) the user has a disproportionate data transfer volume in
relation to that agreed to with him, or if the user makes
excessive use of the service;
b) if a bankruptcy proceeding is opened regarding the assets of
the partner to the contract, or if a request for the
introduction of a bankruptcy proceeding is denied due to
c) the user repeatedly breaches "netiquette" and the generally
accepted standards of network usage, engages in unsolicited
advertising and spamming (aggressive direct mailing), the use of
the service for transmitting threats, obscenity, harassment or
to the harm of another members.
2. Without prejudice to I-Profi's claims for compensation for
damages, services or partial performance already provided are to
be billed for and paid for according to the contract in the case
of a withdrawal. This also applies to the extent that the
delivery or service was not yet accepted by the buyer, as well
as for acts of preparation performed by I-Profi.
3. If the partner to the contract withdraws from the contract
for reasons that are not the responsibility of I-Profi, then
compensation for damages in the amount of the expenditures
proven as made by I-Profi (but no less than 20% of the net value
of the order) is considered stipulated, whereby judicial
discretion is precluded.
§ 10 Changes to the General Terms and Conditions, and to the
1. Notice of changes to the General Terms and Conditions, and to
the compensation, will be provided to the customer in writing
(via email). The changes are considered accepted if the customer
does not object to them in writing (via email) within 30 days
after the notice is sent. The objection is considered notice of
§ 11 Other provisions
1. All notifications and declarations related to this
contractual relationship are valid only if they are provided in
writing or via email.
2. I-Profi's digital signatures are acknowledged as legally
3. I-Profi is entitled to commission other companies to perform
services from this contractual relationship.
4. The customer will provide immediate notice to I-Profi of
changes to its name or the designation that it provided to
I-Profi, as well as each change in its address (relocation of
registered offices) or its legal form and its commercial
register number, but no later than within one month after the
change. If the customer does not make such changes known, and if
declarations from I-Profi that have legal significance
(invoices, reminders or notices of termination, in particular)
are sent to the customer at the last address he made known to
I-Profi, these declarations from I-Profi are nevertheless
5. Even if individual provisions and terms of the contract are
legally invalid, the remaining parts of the contract remain
valid. This does not apply if adhering to the contract in this
case would represent an unreasonable hardship for a party to the
10. Goods sold remain the property of I-Profi until paid for in
§ 12 Court of jurisdiction
Vienna is considered stipulated as the court of jurisdiction,
except for complaints against consumers in the sense of the
Consumer Protection Act who reside overseas, or who have their
normal residence overseas, or who are employed domestically.
Austrian law applies exclusively.
Status as of January 2006