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General Terms and Conditions
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.
§ 7 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.
§ 8 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.
§ 9 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.
§ 10 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 2011