1. General principles / scope of application

 

  • All legal transactions between Schober Energie GmbH (hereinafter referred to as “VIEW”) and its business partners, customers, advertising customers, purchasers of hardware and software, suppliers, etc. (hereinafter referred to as “Customer”) shall be governed exclusively by these General Terms and Conditions (hereinafter referred to as “GTC”). The version valid at the time of the conclusion of the contract, including the amendments and supplements published by VIEW, shall apply.

 

  • These GTC shall also apply to all future contractual relationships, even if no express reference is made to them in supplementary contracts, and they shall also apply to all affiliated companies of VIEW.

 

  • Any conflicting terms and conditions of the Customer shall be invalid, even if they remain uncontested, unless they are expressly recognized by VIEW in writing.

 

  • In the event that individual provisions of these GTC are and/or become invalid, this shall not affect the validity of the remaining provisions and the contracts concluded on the basis thereof. The invalid provision shall be replaced by a valid provision that comes as close as possible to the meaning and economic purpose of the invalid provision.

 

  1. Scope of application

 

These GTC apply to all deliveries of products and services by VIEW, namely for hardware or software components or services and content. The focus is on innovative, screen-based information, emergency call and advertising systems for elevator systems, which are supplied by VIEW and installed in the customer’s elevator systems, as well as software solutions for the digital management of existing elevator systems.

 

  1. Offer / Scope of delivery

 

  • The scope of the services to be provided is determined by the service description in the contract, the offer on which an order is based or any order confirmation by VIEW. The contractual relationship shall be governed by those parts of these GTC that form the basis of the underlying transaction(s) of the contract. Subsequent changes to the content of the contract require written confirmation by VIEW. Within the framework specified by the Customer, VIEW shall be free to design the fulfillment of the order.

 

  • Unless otherwise agreed, VIEW shall perform the contractual services at the location of the computer system or at the business premises of VIEW at its discretion. Work for the installation or maintenance of technical equipment required in the Customer’s elevator system shall be performed at the Customer’s facilities, in any case within the normal working hours of VIEW. If, in exceptional cases, work is performed outside normal working hours at the Customer’s request, the additional costs shall be invoiced separately. VIEW shall be responsible for selecting the employee to perform the contractual services and shall be entitled to engage third parties for this purpose.

 

  • The Customer shall provide VIEW in a timely and complete manner with all information and documents required for the provision of the service. The Customer shall inform VIEW of all circumstances that are of importance for the execution of the order, even if they only become known during the execution of the order. Furthermore, the Customer is obliged to check the documents (photos, logos, etc.) provided for the execution of the order for any copyrights, trademark rights or other rights of third parties. VIEW shall not be liable to the Customer for any infringement of such rights. If a third party asserts a claim against VIEW due to such an infringement, the Customer shall indemnify and hold VIEW harmless; the Customer shall compensate VIEW for all disadvantages incurred by VIEW in such a case due to a claim asserted by a third party.

 

  • Offers from VIEW are always subject to change. A contract with VIEW shall only come into effect when it has been concluded in writing and signed by both parties. Offers on prices and delivery times are non-binding outside the period stated in the respective offer. The content of the contract shall be the information in the descriptions provided by VIEW to the Customer; the scope of delivery shall be determined by the services, dimensions, weight, operating materials to be used, etc.

 

  1. Transportation / Acceptance

 

  • The Customer shall notify VIEW in writing and without delay of any complaints arising from transport damage immediately upon receipt of the goods. Objectively justified and reasonable changes to VIEW’s performance and delivery obligations, in particular exceeding delivery deadlines within a reasonable scope, shall be deemed approved by the Customer in advance, unless it is a consumer transaction. Transportation shall be at the expense and risk of the Customer. VIEW’s complete systems are complex combinations of hardware and software, therefore announced delivery dates are only approximate, unless a fixed date has been agreed. Force majeure or other unforeseen obstacles in the sphere of VIEW or its subcontractors shall release VIEW from compliance with the agreed delivery time.

 

  • If the Customer delays acceptance or culpably violates other obligations to cooperate, VIEW shall be entitled to demand compensation from the Customer for the damage incurred in this respect, including any additional expenses. VIEW reserves the right to assert further claims.

  1. Price / Payment

 

  • The prices quoted do not include VAT. Prices are calculated in euros. Prices shall be calculated on the basis of the prices valid on the day of delivery. In cases where the goods or services are not to be delivered or rendered within four months after conclusion of the contract, VIEW shall be entitled to adjust the prices to market conditions that have changed in the meantime. If the wage costs change due to collective bargaining agreements in the industry or internal company agreements or if other cost components relevant for the calculation or costs necessary for the provision of services, such as those for materials, energy, transportation, etc., change, VIEW shall be entitled to increase or reduce the prices accordingly, unless it is a consumer transaction.

 

  • Payments are due immediately after invoicing without any deductions and free of charges. In the case of orders consisting of several units, VIEW shall be entitled to invoice after delivery of each individual unit or service. Payments received by VIEW shall first be used to pay compound interest, interest and incidental expenses, pre-litigation costs, costs of a lawyer and collection agency, then for the outstanding capital, starting with the oldest debt. In the event of late payment, VIEW shall charge interest on arrears at the statutory rate or, at VIEW’s discretion, at the customary bank rate.

 

  • Compliance with the agreed payment deadlines is an essential condition for the performance of the delivery or fulfillment of the contract by VIEW. Failure to comply with the agreed payments shall entitle VIEW to suspend ongoing work and withdraw from the contract. All associated costs and loss of profit shall be borne by the Customer. In the event of non-compliance with two installments for partial payments, VIEW shall be entitled to enforce the loss of deadlines and to declare due any acceptances handed over.

 

  • The Customer shall not be entitled to withhold payments due to incomplete overall delivery, guarantee or warranty claims or complaints against VIEW.

 

  • Offsetting against any counterclaims of the Customer that are disputed by VIEW or have not been legally established is not possible.

 

  • If a one-off purchase price or a usage fee is agreed, these shall be due as follows, unless otherwise agreed: 30% of the total price upon conclusion of the contract, 70% of the total price for each (partial) service shown separately in the offer, in each case after acceptance by the customer.

 

  • If an ongoing usage fee is agreed, the fee shall be charged annually in advance unless otherwise agreed. Unless otherwise agreed, the usage fee is subject to a price adjustment to the extent of the percentage increase in the minimum wage of an employee in the ST2 job family of the collective agreement for companies in the field of services in automatic data processing and information technology. The effective date for the calculation of the price adjustment is the date of the first price offer by VIEW. The usage fee is payable from the date of acceptance.

 

  • Prices or recurring payments in this contract are subject to value protection, which is based on the applicable consumer price index and can be claimed at any time.

 

  • In the event that insolvency proceedings are opened against the customer’s assets, the following amended terms of payment are agreed: Deliveries/services after the opening of insolvency proceedings shall only be made against advance payment.

 

  1. Property rights

 

  • The object of purchase shall remain the property of VIEW until full payment of the purchase price by the Customer, including all associated costs and expenses. In the event of default of payment, VIEW shall be entitled to collect the goods at the Customer’s expense even without the Customer’s consent, or to claim damages if collection is not possible.

 

  • The Customer shall be entitled to sell the object of purchase in the ordinary course of business as long as he is not in default of payment of the purchase price agreed with VIEW. Until the purchase price has been paid in full to VIEW, the purchase price generated by the resale shall be deemed assigned to VIEW in advance.

 

  • When VIEW systems are installed in customers’ lift systems, they do not become dependent components, but remain independent components.

 

  1. Maintenance / servicing

 

The maintenance and servicing of equipment purchased from VIEW is the responsibility of the Customer. If the devices are only provided for use but remain the property of VIEW, the maintenance shall also be the responsibility of the Customer or the respective owner, unless otherwise agreed. Separate agreements may be made regarding maintenance and servicing.

 

  1. Performance disruptions

  • VIEW undertakes to provide the services in accordance with the contract. If VIEW does not provide the Services at the scheduled times or only in a defective manner, i.e. with significant deviations from the agreed quality standards, VIEW shall be obliged to immediately begin to remedy the defects and to provide its Services properly and free of defects within a reasonable period of time by repeating the affected Services or carrying out necessary rectification work at its discretion.
  • If the defectiveness is based on provisions or cooperation of the Customer or on a breach of the Customer’s obligations under these GTC, any obligation to remedy the defect free of charge shall be excluded. In such cases, the services provided by VIEW shall nevertheless be deemed to have been provided in accordance with the contract despite possible limitations. At the Customer’s request, VIEW shall undertake to remedy the defect at the Customer’s expense.

 

  • The Customer shall support VIEW in remedying defects and provide all necessary information. The Customer shall immediately notify VIEW in writing or by e-mail of any defects that have occurred. The Customer shall bear the additional costs incurred for the rectification of defects due to late notification.

 

  1. Warranty / Liability:

 

  • VIEW provides a warranty for all delivered and properly installed hardware components for a period of 24 months from delivery; the warranty period for software products is six months. This also applies to objects that are firmly attached to a building or land. The warranty claim shall only arise if the client has notified us in writing of recognizable defects within 14 days of (partial) delivery, and of other defects occurring later without delay, but within 24 or 6 months of delivery. Notices of defects are only valid if they concern reproducible defects and are documented in writing. VIEW guarantees to remedy any defects to the extent permitted by law, unless otherwise agreed.

 

  • Hardware and software must be inspected immediately after delivery. Any defects or malfunctions discovered shall be reported to VIEW in writing immediately – at the latest within a preclusive period of 14 days after receipt of the shipment by the Customer. Hidden defects must be reported immediately after their discovery. If a notice of defects is not made or not made in time, the goods shall be deemed approved. The assertion of warranty claims or claims for damages, as well as the right to contest errors due to defects are excluded in these cases. The customer must always prove that the defect was present at the time of delivery. Defects shall be remedied at VIEW’s discretion by delivery of new software or by corresponding modification of the program.

 

  • Excluded from the warranty are defects due to faulty handling, faulty installation or conversion, provided that the installation was not carried out by VIEW employees, faulty maintenance, excessive use or wear and tear in accordance with the intended use.

 

  • VIEW may, at its own discretion, provide warranty by rectification of defects or by replacement delivery; in case of software defects, the replacement delivery shall be made exclusively by delivery of the latest program version not containing the respective defect. If the repair or replacement delivery finally fails, the Customer may withdraw from the contract or reduce the purchase price.

 

  • In the case of software, VIEW as licensor warrants compliance with the specifications valid at the time of conclusion of the contract, provided that the software is used in accordance with the applicable installation requirements and under the applicable conditions of use.

 

  • The warranty covers error diagnosis and error and fault rectification for the duration of the warranty obligation. A defect to be dealt with exists if there are deviations from the valid specifications that interfere with the function and this can be reproduced by the customer. In the event of an unjustifiably alleged defect, the customer shall be liable for the costs of determining or
    rectifying the alleged defect.

 

  • Unless otherwise agreed, the warranty period for Software? shall be six months from acceptance or delivery by VIEW. The fault diagnosis shall be made on the basis of an immediate fault report by the Customer or by VIEW’s findings.

 

  • The prerequisite for any error correction is that the error is a malfunctioning error which is reproducible, VIEW has installed any new versions offered to the Customer free of charge within the warranty period, VIEW receives from the Customer all documents and information necessary for the error correction and VIEW is granted access to hardware and software during the Customer’s normal working hours.

 

  • There shall be no warranty for software to which the Customer or third parties have made changes without the prior written consent of VIEW, even if the error occurs in a part that has not been changed. If it is determined during the error diagnosis that there is no warranty case or that the cause of the error does not lie in the delivered software, the customer shall bear all costs incurred as a result. VIEW does not warrant that the software functions will meet the Customer’s requirements, that the programs will work together as selected by the Customer, that they will run uninterrupted or error-free or that all software errors can be eliminated.

 

  • If the software does not comply with the specifications in a functionally disruptive manner while the warranty is valid and if VIEW is unable to achieve compliance with the specifications within a reasonable period of time despite sustained efforts, either party to the contract shall have the right to terminate the contract for the software in question with immediate effect against reimbursement of the services received. Defects in individual programs do not give the customer the right to terminate the contract with regard to the remaining programs. Further claims based on the defectiveness of the software are excluded. If the Customer has not concluded a software maintenance contract with VIEW, VIEW shall charge for maintenance services (e.g. error diagnosis and error correction, maintenance, etc.) which are not covered by the elimination of defects according to the applicable list prices.

 

  • With the exception of personal injury, VIEW shall only be liable for breach of contractual or pre-contractual obligations in cases of intent or gross negligence. Irrespective of this, VIEW shall be liable up to a maximum of the purchase price of the device concerned.

 

  • Liability for indirect damages, such as loss of profit, costs associated with business interruption, loss of data or third-party claims, is expressly excluded. VIEW accepts no liability for financial loss or consequential loss.

 

  • If and as long as obligations cannot be fulfilled on time or properly due to force majeure, such as war, terrorism, natural disasters, epidemics, fire, strike, lockout, embargo, sovereign intervention, failure of the power supply, failure of means of transportation, failure of telecommunications networks or data lines, changes in legislation affecting the services after conclusion of the contract or other non-availability of products, this shall not constitute a breach of contract.

 

  • Claims for damages shall become statute-barred in accordance with the statutory provisions, but no later than one year after knowledge of the damage and the damaging party. The Customer shall notify VIEW in writing of obvious defects within a preclusive period of 14 days after becoming aware of the defect. After expiry of this period, the Customer may no longer assert any warranty claims against VIEW with regard to the items purchased by him due to these defects.
  • VIEW assumes no liability for compliance with the statutory regulations concerning the elevator systems. In particular, VIEW is not responsible for compliance with maintenance obligations and technical and organizational requirements, unless otherwise contractually agreed.

 

  1. Rights of use

 

  • The Customer shall receive a limited right of use for the Software and the supplied or activated Software, which only applies to the Customer or its customers. The software license is only valid for one user, the software may only be used for the hardware supplied and it is not permitted to use software other than the software supplied by VIEW on the hardware supplied or to broadcast content other than that supplied by VIEW.

 

  • In case of purchase, the Customer shall be entitled to transfer the right of use together with the respective device to a third party upon written notification to VIEW; in case of such transfer, the Customer’s own right of use shall expire. Reproduction and distribution of unauthorized copies violate the rights of VIEW and/or the copyrights of third parties and will be prosecuted under both civil and criminal law.

 

  • Any improper use of the content and software shall be subject to compensation, whereby full satisfaction shall be provided in such cases. The Customer shall also contractually bind its customers in this respect. VIEW shall not be liable for any disruptions in the playback of the Content, but undertakes to rectify them as quickly as technically possible. Should the Customer or its customers resell VIEW’s systems to other buyers who are expected to use the equipment for another purpose, VIEW shall be informed thereof and shall be entitled to delete content and software from the internal data carrier. Depending on the agreement, customers can play their own individualized content on the systems and define key contents and assignments. Separate agreements are made for the creation of such content. Use on hardware other than that defined in the contract and on multiple workstations requires a separate written and paid agreement with VIEW.

 

  • All other rights to the Software are reserved by VIEW as licensor. Without its prior written consent, the Customer is therefore not entitled to reproduce, modify or make the Software available to third parties or to use it on any hardware other than the contractual hardware, notwithstanding the provisions of Section 40d of the Austrian Copyright Act. Additional services and deliveries, such as those listed below, shall be provided on the basis of separate agreements and invoiced at the licensor’s current list prices: Work to duplicate, translate or generate the Software on data carriers supplied by the Licensor, unless they are part of a Hardware supplied by the Licensor; the analysis and elimination of malfunctions caused by improper handling or errors in the operation or use of the Software or other circumstances for which VIEW as Licensor is not responsible; support in the introduction of the Software as well as training, unless the contract contains provisions to this effect; software updates, etc.

 

  • The Customer shall be responsible for the selection of the Software offered by VIEW; in the case of individual software for the transmission of all information required for the creation of the software for the preparation of the specifications prior to the conclusion of the contract; the use of the Software as well as the results achieved with it; the protection of all rights of the Licensor (such as e.g. industrial property rights including the right to copyright notice) to the Software and the protection of the Licensor’s claims to confidentiality of business and trade secrets, also by its employees and vicariousThis obligation shall also apply if the software has been modified or combined with other programs. This obligation shall remain in force even after termination of the contract.

 

  • VIEW provides the specifications for standard software. VIEW is entitled to change the software specifications for new versions. For individual software ordered by the Customer, a specification shall be agreed in writing between the licensor and the Customer. Software specifications may include, for example, performance features, documents on special functions, hardware and software requirements, installation requirements, operating conditions, operation (user manual).
  • The client is permitted to make copies for archiving and data backup purposes on condition that the software does not contain any express prohibition by the licensor or third parties and that all copyright and proprietary notices are transferred unchanged in these copies.
  • Plans, sketches, cost estimates and other documents such as brochures, catalogs, samples, presentations and the like shall remain our intellectual property. Any use, in particular the passing on, duplication, publication and making available, including the copying of extracts, requires our express consent. All of the above-mentioned documents can be reclaimed by us at any time and must be returned to us immediately without being asked if the contract is not concluded. Our contractual partner also undertakes to maintain confidentiality vis-à-vis third parties with regard to the knowledge gained from the business relationship.

 

  1. Contents

 

  • Depending on the configuration, the systems manufactured by VIEW include the option of playing content such as information and advertising content to reduce operating costs. The digital advertising spaces are available for truthful announcements. Information must comply with good taste and all legal provisions relating to advertising as well as the law against unfair competition and media criminal law.
  • VIEW and the respective media partners are not liable in the event that the advertising content violates legal or other regulations. In particular, the information presented must not mislead or harm the interests of consumers.
  • VIEW is under no obligation to the advertising client to check the legal admissibility of the content of the advertising. The advertising client is obliged to declare special labeling or information obligations.
  • Advertising content is checked by VIEW in accordance with the guidelines of the Austrian Advertising Council (Code of Ethics), and VIEW reserves the right not to play advertising content that runs counter to its interests or those of individual advertising partners. However, if VIEW systems are designed in such a way that they are refinanced by advertising revenues and thus become more favorable for the operators, the composition and sequence of this content is the sole responsibility of VIEW. No guarantee can be given that competing advertising content will not be displayed, but this will be avoided insofar as the information for this is known and this is technically feasible. The technical equipment for the transmission of content, such as emergency telephone lines or WiFi connections, must be maintained by the Customer and its customers in such a way that this transmission is guaranteed at all times. As far as legally possible, the customer must also contractually obligate its customers in this respect and obtain their written consent to play the content. Subsidiary liability for any infringement in this respect shall lie with the customer itself.

 

  • If VIEW assumes the costs for any emergency call connection fees and telephone lines or similar, the respective elevator must be integrated into the display advertising network operated by VIEW. If the elevator in question does not (yet) display any advertising, the elevator must be integrated into the display advertising network at the latest when this is technically possible.

 

  • Should technical adaptations, updates or maintenance be necessary for the optimal functioning of the devices or the broadcasting of content by means of remote maintenance, VIEW shall be entitled to access the devices at any time and carry out such maintenance on site or by remote maintenance, irrespective of any other existing maintenance agreement.

 

  • If customers or users are authorized to upload content to a VIEW system themselves, they automatically confirm that their uploaded graphic, image and/or video material does not violate copyright law, in particular the rights of third parties, and is not in conflict with generally applicable laws, and furthermore that no personal rights are violated by the playout via the VIEW display network, and that the uploaded material does not contain any inadmissible and offensive content. Customers or users accept that VIEW is entitled to interrupt the respective campaign at any time, to delete media content or to edit it in prior consultation. Users automatically agree that VIEW may subject the Media Content to a thorough review for technical quality, content and legal aspects and may reject the uploaded graphic, image and/or video material without stating reasons.

 

  1. Advertisements

 

  • The subject matter of the contract may also be the broadcasting of advertising (hereinafter referred to as “advertising insertion”) on digital advertising spaces and advertising campaigns via VIEW. The scope and type of advertising placements shall be defined in a separate agreement. If an intermediary (e.g. advertising agency) does not act on behalf of its customer, the latter shall be the contractual partner. Placement shall be by mutual agreement; however, the Customer shall not be entitled to a specific placement unless this has been agreed in the respective campaign.

 

  • Unless otherwise agreed, the price list valid at the time of the conclusion of the contract, available on the VIEW website or by individual offer, shall apply. The prices are net prices, the statutory value added tax shall be added and, if applicable, taxes and duties within the meaning of Section 12.6. If the broadcasting of the advertising insertion at certain locations is restricted for legal or factual reasons (e.g. due to agreements with contractual partners of VIEW), VIEW shall be entitled to compensate for the range by broadcasting the advertising for a longer period than agreed or by increasing the broadcasting frequencies on the remaining devices.

 

  • VIEW reserves the right to exclude advertisements from the broadcast if they violate the law or public morals or are specifically directed against VIEW or the VIEW presenter. The advertising client shall be solely responsible for the content and the legal admissibility of the advertising and shall indemnify and hold VIEW harmless against all claims that could be asserted against GBM and the media partner in connection with the advertising presentation in question. The advertising client declares that it holds all rights, in particular copyrights, ancillary copyrights and personal rights for broadcasting and production, in particular with regard to reproduction, public performance and presentation and distribution. The advertising client shall be responsible for any production costs incurred and for the settlement of all copyrights, ancillary copyrights and personal rights.

 

  • Cancellation of the advertising placement shall become legally effective upon receipt of payment of the cancellation fee by VIEW (VIEW shall be entitled to the full placement fee until receipt of payment of the cancellation fee by VIEW); up to 8 weeks before the start of placement: 25% of the canceled order amount; up to 1 week before the start of placement: 50% of the canceled order amount. Thereafter, cancellation is no longer permitted and VIEW shall in any case be entitled to the full activation fee – excluding the set-off pursuant to Section 1168 ABGB.

 

  • Cancellation must be declared in writing; the cancellation fee must then be paid by the customer within 14 days, but no later than the agreed start of the switching period. Cancellation shall only become legally effective upon timely and complete receipt of the cancellation fee by VIEW.

 

  • Advertising levy: In the event that VIEW, as the creator, intermediary or advertiser of advertisements, is obliged to pay an advertising levy or similar taxes, fees or charges, VIEW shall be entitled to charge these costs in addition to the underlying services.

 

  1. Advertising content

 

  • The advertising content must be produced by the customer in perfect technical condition and handed over to VIEW at least 1 week before the start of the placement. The technical standards for this can be found at VIEW-elevator.at/media VIEW shall inform the Customer immediately of any unsuitable or damaged advertising content.

 

  • VIEW shall produce advertising content for the Customer or edit the Customer’s advertising content on the Customer’s express order. Unless otherwise agreed, an hourly rate of € 105.00 per employee shall be charged. Advertising content must be transmitted in electronic form.

 

  • VIEW is entitled, but not obliged, to store the electronic copy permanently and beyond the term of the contract for evidence purposes. If the transfer is made on a hard copy (CD, DVD, etc.), ownership of the hard copy (but not of the advertising content) shall pass to VIEW. The Customer shall bear the risk of transmission of the Advertising Content. The Customer guarantees that its advertising content neither violates the law nor offends common decency or the rights of third parties. He guarantees that he has carried out a rights clearing. This rights clearing must include, in particular, copyrights, ancillary copyrights, trademark rights and personal rights. In the event of a breach of these guarantees, the Customer shall indemnify and hold VIEW harmless.

 

  • VIEW shall be entitled, but not obliged, to check the advertising content and, in the event of suspicion of which the Customer must be informed immediately, to exclude it from broadcast. VIEW shall be entitled to disclose the name and address of the Customer to third parties who claim a justified infringement of their rights. VIEW is entitled to label the advertising content as advertising at any time

  1. Service fees / maintenance contracts

Depending on the agreement with its customers, VIEW charges ongoing fees for rental and maintenance as well as transaction-based fees in addition to the purchase price. The amount of the transaction costs is determined by the separately concluded service contract or the fee provisions of VIEW.

 

  1. Customer data / data protection

 

  • VIEW collects and processes personal data only to the extent permitted by applicable law and necessary for the proper conduct of business and, where applicable, as required by law. By voluntarily providing his data, the customer expressly consents to the processing of the data he has sent. The Customer thus expressly agrees that VIEW may automatically collect, store and process the data provided by the Customer (name/company, company register number, contact person, address, e-mail, Internet address, telephone number, bank account details) for the purpose of fulfilling the contract and supporting the Customer as well as for sending a newsletter. This consent can be revoked at any time.

 

  • The customer has the right to request information about his data stored by VIEW at any time and free of charge. Should the data of customers and partners have changed, VIEW requests a corresponding written notification by e-mail or simple letter. The customer also has the right to have any personal data transmitted to VIEW deleted at any time. However, this does not apply to data that forms the basis of an existing business relationship. In order to request the deletion of personal data, it is sufficient for the Customer to contact VIEW in writing by e-mail or simple letter.

 

  • In contrast to personal data, data such as IP address, date, time, websites visited, length of visit, etc. are stored for statistical and security purposes each time the VIEW websites are visited. Provided that no unlawful action is taken by the customer, this data is processed completely anonymously and without exception. This type of data processing only serves to better tailor content to the needs of visitors. We therefore reserve the right to process data in this respect.

 

  • The Customer expressly agrees that it may be contacted for the purpose of advertising and information, newsletters, e-mails, etc. by VIEW employees as well as assistants and agents by telephone, fax, letter or e-mail, etc. Under no circumstances shall VIEW request from a Customer – in particular not by electronic means – the disclosure of personal data such as passwords, login data, etc. (SPAM, PHISHING, etc.). In the case of periodic or irregular messages – e.g. newsletters – the Customer/recipient has the right to unsubscribe at any time. A simple e-mail to VIEW is sufficient for this purpose.

 

  • Notifications that serve to preserve and maintain an existing customer relationship – e.g. correspondence regarding appointments, important information on existing contractual relationships and other administrative measures – are expressly excluded from consent by the customer.

 

  • As a rule, VIEW does not use “cookies” within the website. However, if cookies are required for individual functions, the customer agrees to the use of these cookies by using these offers. For their own security, however, customers can deactivate the storage of cookies or set their browser to notify them as soon as cookies are sent.

 

  • Under no circumstances does VIEW pass on personal data to third parties unless there is sufficient legal justification to do so. In addition, appropriate technical and organizational precautions are taken to ensure the security of the data.

 

  1. Dates for services

 

  • Unless expressly agreed as binding, any performance deadlines stated are non-binding. Binding deadlines shall be confirmed by VIEW in writing. If VIEW’s performance is delayed for reasons for which it is not responsible, e.g. events of force majeure and other unforeseeable events that cannot be averted by reasonable means, the performance obligations shall be suspended for the duration and to the extent of the impediment and the deadlines shall be extended accordingly.

 

  • The Customer shall not be entitled to claim damages for exceeding the promised deadlines. If VIEW is in default, the Customer may only rescind the contract after having granted VIEW a grace period of at least one month in writing, which has expired without result.

 

  • Partial deliveries and advance deliveries are permitted.

 

  1. Fee for services

 

  • Unless otherwise agreed, VIEW shall be entitled to a fee for each individual service as soon as it has been rendered. VIEW is entitled to demand advance payments to cover its expenses. VIEW is entitled to issue interim invoices or advance invoices or to request payments on account.

 

  • The fee shall be understood as a net fee plus VAT at the statutory rate. All services provided by VIEW that are not expressly covered by the agreed fee shall be remunerated separately. All cash expenses incurred by VIEW shall be reimbursed by the Customer. Cost estimates of VIEW are non-binding.

 

  • For services that can be performed at VIEW’s business premises, but are exceptionally performed at the Customer’s premises at the Customer’s request, the Customer shall bear the costs for travel, accommodation and travel time for the VIEW persons commissioned to perform the service.

 

  • VIEW shall be entitled to the agreed remuneration for all work performed by VIEW which is not carried out by the Customer for any reason whatsoever. The offsetting provision of § 1168 AGBG is excluded. Upon payment of the fee, the Customer shall not acquire any rights of use to work already performed; concepts, drafts and other documents not executed shall be returned to VIEW immediately.

 

  1. Termination / dissolution of continuing obligations

 

  • If a contract between VIEW and its customers is based on a continuing obligation (e.g. rental agreement) and no specific end date has been agreed, the contract shall be concluded for an indefinite period. The contract shall be in force during the initial term. In the event that it is not terminated at least three months before expiry, it is automatically extended for an indefinite period. After renewal, the contract may be terminated by either party by giving 3 months’ written notice to the end of a calendar year.

 

  • In the case of continuing obligations, the contracting parties are entitled to terminate the contract for good cause without setting a grace period. Good cause shall be deemed to exist in particular if the other contracting party continues to breach material provisions of this contract despite a written warning with a grace period of 14 days to remedy the breach of contract.

 

  • Insofar as VIEW has entered into obligations towards third parties in fulfillment of the contract with the Customer which have an effect beyond the end of the contract, the Customer shall assume these obligations after termination of the contractual relationship between VIEW and the Customer and shall indemnify and hold VIEW harmless in this respect.

 

  1. Labeling / Reference

 

  • VIEW is entitled to label its services without the Customer being entitled to any remuneration.

 

  • Subject to the Customer’s written revocation, which is possible at any time, VIEW shall be entitled to refer to the business relationship with the Customer on its own advertising media and in particular on its Internet website by name and company logo (reference notice).

 

  1. Other provisions

 

  • Apart from the contracts concluded in writing by VIEW, there are no oral or written agreements. Any written or verbal agreements made prior to the conclusion of each contract which are in conflict with this contract shall lose their validity upon conclusion of the contract. Amendments or additions to any contract must be made in writing; sending them by fax or e-mail shall be sufficient. All this shall also apply to any waiver of the written form requirement.

 

  • Unless another form is required by law, all notifications must be sent in writing to the last address provided in writing. The contracting parties are obliged to notify the other contracting party of any changes of address without delay, failing which notifications sent to the address last notified in writing shall be deemed to have been received with legal effect.

 

  • The invalidity or ineffectiveness of individual provisions of each contract shall not affect the validity of the remaining contractual provisions; in this case, those provisions shall be deemed to have been agreed which are legally effective and come closest to the purpose of the void or ineffective provisions, provided that they nevertheless correspond to the original intention of the contracting parties. The same shall apply in the event of a gap in the contract. The contracting parties undertake to protect each other’s business and trade secrets. This obligation shall also apply after termination of the contract. The contracting parties further undertake to impose a corresponding obligation on their employees and other vicarious agents.

 

  • For sales to consumers within the meaning of the Consumer Protection Act, the above provisions shall only apply insofar as the Consumer Protection Act does not provide for other mandatory provisions. Non-compliance with essential parts of the contract shall entitle the contracting parties to terminate the contract prematurely without notice.

 

  1. Place of performance / Applicable law / Place of jurisdiction

 

The place of performance for all obligations resulting from or in connection with this contract shall be the registered office of VIEW. The application of the substantive law of the Republic of Austria is agreed for each contract. Any disputes arising out of or in connection with all contracts shall be subject to the exclusive jurisdiction of the court having subject-matter jurisdiction over VIEW.

  1. Final provisions

 

Should individual provisions of these GTC or of the contract be or
become invalid or unenforceable, this shall not affect the validity of the remaining provisions of these general
terms and conditions. Ineffective or unenforceable provisions shall be replaced by VIEW
with new provisions that meet the provisions contained in the ineffective or unenforceable provisions
in a legally permissible manner. This also applies to
loopholes. VIEW undertakes to remedy the omission in a way that comes closest
to what it would have intended according to the meaning and purpose of the contract if the point had been considered
.

Status: March 21, 2022