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Общие условия

 

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 third-party actions.

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

Homepage

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
prior to the end of the 12-month period, each current contract extends automatically by an additional 12 months. 

The information contained in the catalogs, brochures, websites and similar items are controlling only if reference is made to them explicitly in the order confirmation.

Link

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 termination.

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 provided.

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 are applicable. 

5. 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 granted.


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 insufficient assets;

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 compensation

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 termination.

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 valid.

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 considered received.

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 contract.

10. Goods sold remain the property of I-Profi until paid for in full.

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