EDV-SOLUTIONS - provides its services exclusively on the basis of these General Terms and Conditions (GTC). These also apply to all future business relationships, even if no express reference is made to them. The General Terms and Conditions can be accessed and downloaded online at https:webservice.EDV-SOLUTIONS.org. Collateral agreements, reservations, amendments or additions to these terms and conditions must be made in writing to be effective. EDV-SOLUTIONS and the customer are hereinafter also referred to as the contracting parties. Conflicting or deviating terms and conditions of the contractual partner, even if known, will only be effective if they are expressly recognized in writing by EDV-SOLUTIONS. Should individual provisions of these General Terms and Conditions be invalid, this shall not affect the binding nature of the remaining provisions and the contracts concluded under the General Terms and Conditions. The invalid provision shall be replaced by a valid provision that comes as close as possible to its meaning and purpose.

The basis for the conclusion of the contract is the respective offer from EDV-SOLUTIONS or the customer's order, in which the scope of services and the remuneration are set out. Offers from EDV-SOLUTIONS are subject to change and non-binding. The contract is generally concluded after EDV-SOLUTIONS has returned the order confirmation to the customer, with the following exceptions: 
In the case of participation in the SEPA direct debit procedure (direct debit authorization), the contract is concluded when the agreed amount is debited. For the products Web Hosting and E.Mail accounts ordered via PayPal, the order confirmation takes place with the provision of the service. For the product Domains, the service is only provided after the order confirmation signed by the customer has been returned. Incidents, see also section 18.1

The scope of the services to be provided is set out in the service description in the order confirmation or the details in a separately agreed written contract. Subsequent changes to the content of the service must be made in writing. The customer will immediately provide EDV-SOLUTIONS with all information and documents necessary for the provision of the service. The customer will inform EDV-SOLUTIONS of all events which are of significance for the execution of the order, even if these circumstances only become known during the execution of the order. The customer is liable to EDV-SOLUTIONS for any expenses incurred as a result of work having to be repeated or delayed as a result of incorrect, incomplete or subsequently changed information provided by EDV-SOLUTIONS. In particular, the client is liable to EDV-SOLUTIONS for damages incurred by EDV-SOLUTIONS as a result of incorrect, incomplete information and must indemnify and hold EDV-SOLUTIONS harmless in this respect. Furthermore, the customer is obliged to check the documents provided for the execution of the order for any existing copyrights or other rights of third parties. EDV-SOLUTIONS is not liable for any infringement of such rights. EDV-SOLUTIONS shall be indemnified and held harmless in the event of such infringements by the customer. The customer must compensate EDV-SOLUTIONS for all disadvantages suffered by EDV-SOLUTIONS as a result of a claim by a third party.
 

EDV-SOLUTIONS is entitled, at its own discretion, to carry out the service itself or to use the services of third parties for the provision of contractual services.

Agreements on deadlines and dates must be recorded or confirmed in writing. EDV-SOLUTIONS will endeavor to meet the agreed deadlines. However, failure to meet the deadlines only entitles the customer to assert his legal rights if the customer has granted EDV-SOLUTIONS a reasonable grace period of at least 14 days. This period begins with the receipt of a reminder letter to EDV-SOLUTIONS. After fruitless expiry of the grace period, the customer may withdraw from the contract. An obligation to pay compensation from the title of default only exists in the case of intent or gross negligence on the part of EDV-SOLUTIONS. Insofar and as long as obligations due to force majeure, such as (demonstrative list) war, terrorism, natural disasters, fire or other circumstances for which EDV-SOLUTIONS is not responsible, such as strike, lockout, embargo, sovereign intervention, failure of the power supply, failure of means of transportation, failure of telecommunications networks or data lines, affect the services. If EDV-SOLUTIONS is unable to fulfill its contractual obligations on time or properly due to circumstances for which it is not responsible, such as strike, lockout, embargo, governmental intervention, failure of power supply, failure of means of transport, failure of telecommunications networks or data lines, changes in the law affecting the services after conclusion of the contract or other non-availability of products, this shall not constitute a breach of contract and shall in any case release EDV-SOLUTIONS from compliance with the agreed delivery date. In this case, the delivery date must be rescheduled. The same applies if the customer is unable to fulfill his obligations...

Services individually created for the customer (e.g. web software) by EDV-SOLUTIONS require acceptance by the customer no later than two weeks after delivery by EDV-SOLUTIONS. This will be confirmed by the customer in a report sent by EDV-SOLUTIONS. If the customer does not comment within two weeks of the demonstrable transmission of the service, acceptance by the customer is deemed to have been granted. If software is used in live operation by the client, the software shall in any case be deemed to have been accepted.

When handling personal data, EDV-SOLUTIONS will observe the provisions of the Data Protection Act and the Telecommunications Act and take the technical and organizational measures required for data protection in the area of responsibility of EDV-SOLUTIONS (see also under Data Protection). EDV-SOLUTIONS is not obliged to check the permissibility of the data processing commissioned by the customer in terms of data protection regulations. The permissibility of the transfer of personal data to EDV-SOLUTIONS and the processing of such data by EDV-SOLUTIONS must be ensured by the customer. EDV-SOLUTIONS shall take all reasonable measures to protect the customer's stored data and information against unauthorized access by third parties. By concluding the contract, the customer agrees that the data from this business case may also be transmitted to any third parties commissioned (see also point 4.1) who are involved in the processing of this order. The customer agrees that EDV-SOLUTIONS may list the customer's name and logo in reference lists and presentations. The customer may revoke this consent at any time.

Each contracting party warrants to the other that it shall treat all trade secrets disclosed to it by the other in connection with this contract and its performance as such and shall not make them accessible to third parties (with the exception of any third parties involved, see also clause 4.1), unless they are generally known or must be disclosed on the basis of a legally binding official or judicial decision.

The customer undertakes to support all measures necessary for the provision of services by EDV-SOLUTIONS. Insofar as this is not expressly included in the scope of services provided by EDV-SOLUTIONS, the customer will provide a permanent Internet connection at his own risk and expense. The customer is obliged to treat the passwords and user names required to use the services of EDV-SOLUTIONS with absolute confidentiality. Unless otherwise agreed, the customer shall provide and cooperate free of charge.

If data is transmitted to EDV-SOLUTIONS, the customer shall make backup copies. In the event of a loss of data, the customer is obliged to transmit the data in question again free of charge. The customer is obliged to carry out a complete data backup before every change commissioned to EDV-SOLUTIONS. The customer is responsible for the regular backup of the data transmitted to EDV-SOLUTIONS. EDV-SOLUTIONS accepts no responsibility for regular data backups and accepts no liability to the customer in the event of data loss.

All copyrights to web software products (programs, source code, documentation) are the property of EDV-SOLUTIONS or its licensors. The customer is only granted the right to use the software for his own purposes after payment of the agreed fee, only for the hardware specified in the contract and to the extent of the number of licenses purchased for simultaneous use on several workstations. Through this contract, the customer only acquires a non-exclusive license to use the work. Distribution by the customer is excluded in accordance with copyright law. The customer's participation in the production of the software does not acquire any rights beyond the use specified in the present contract. Any infringement of the copyrights of EDV-SOLUTIONS or its licensor will result in claims for damages, whereby in such a case full satisfaction must be provided. The customer 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. If EDV-SOLUTIONS obtains licenses on behalf of the customer, the customer agrees in full to the conditions of the corresponding licenses (see standard license).

The domain applied for by the customer will be registered or taken over by EDV-SOLUTIONS in the name and for the account of the customer with the responsible authorized registries (provider change). EDV-SOLUTIONS only acts as an intermediary. The customer can only assume that the domain name is actually available and allocated once this has been confirmed by the relevant authorized registry. EDV-SOLUTIONS has no influence on the allocation of domains. Any liability and warranty for the availability or allocation of the domain names ordered is excluded. In particular, EDV-SOLUTIONS is not obliged to check the admissibility of the domain (e.g. in terms of trademark or name law). The domain holder declares to observe the relevant legal provisions and to indemnify and hold EDV-SOLUTIONS completely harmless. The contractual conditions (see TLD Registration Conditions) established by the authorized domain registries for the registration and administration of top-level domains (TLD), the respective registered names (sub-domain) and the procedure for domain disputes are a supplementary component of these General Terms and Conditions and apply accordingly. EDV-SOLUTIONS assumes no liability for the contractual obligations assumed by the respective domain registry towards the domain holder. Insofar as domain registries change their billing mod...

1. internet access and internet telephony are ordered by EDV-SOLUTIONS in the name and for the account of the customer from the internet providers and internet telephony providers agreed with the customer. The contract is concluded between the customer and the respective Internet providers and Internet telephony providers. The contractual terms and conditions established by the respective providers apply. EDV-SOLUTIONS only acts as an intermediary between customers and Internet providers and Internet telephony providers in return for a flat-rate consultancy service fee. EDV-SOLUTIONS assumes no liability for the contractual obligations established by the respective providers towards the customer.

EDV-SOLUTIONS provides a web and e-mail server. EDV-SOLUTIONS offers various web hosting packages and e-mail accounts (prices and services on the web page). The web hosting packages "Mini" and "Starter" include a limited data transfer volume. Under fair use there is no additional charge, but EDV-SOLUTIONS will contact the customer in the event of very high service usage in order to find a suitable solution. With the web hosting packages "Advanced", "Premium" and "Power", the data transfer volume is basically unlimited, but EDV-SOLUTIONS reserves the right to withdraw from the contract with the customer in the event of above-average excessive use of the data transfer volume by the customer. EDV-SOLUTIONS provides the MaileXchange backup exclusively for domains that are managed by EDV-SOLUTIONS. Contract term / termination: Contractual relationships for web hosting, e-mail accounts, MaileXchange backup, online fax and virtual computers are concluded for an indefinite period. The contractual relationship can be terminated by the contracting parties in writing by e-mail, fax or letter at the end of each month, subject to a one-month notice period. The customer is informed that the customer data will be deleted by EDV-SOLUTIONS upon termination. The customer is responsible for backing up his data in good time before termination. Verrec...

The minimum contract term for security certificates is 12 months from the start of the contract or 24 months from the start of the contract for security certificates issued by Geotrust. The contract term is automatically extended by a further 12 months if it is not terminated in writing and signed by qualified electronic signature, fax, letter or scanned e-mail at least 1 month before the end of the contract (the date on which the contract is concluded is decisive). Termination by informal e-mail (without signature) will not be recognized. In the case of Let's Encrypt security certificates, no separate termination is required if the Domain A-Record for EDV-SOLUTIONS is not available. Billing: The invoice amount is billed in advance for 1 calendar year (from the start of the contract). In particular, reference is made to point 3.2 with regard to the issue of security certificates. The contractual conditions drawn up by the certification authority (see SSL Certificate Subscriber Agreement for Geotrust security certificates and Subscriber Agreement for Let's Encrypt security certificates) for the issue of the globally valid security certificate are a supplementary component of these General Terms and Conditions and apply accordingly.

The maintenance contract is valid for one year. If the contract is not terminated in writing by e-mail, fax or letter at least 1 month before expiry, it is automatically extended for a further year. Maintenance and troubleshooting is carried out exclusively online via a secure connection, therefore permanent online accessibility is required. If the server is not available at a maintenance time, maintenance will be carried out automatically on the following working day.

In principle, EDV-SOLUTIONS does not operate a data center where customer data is hosted. An exception is our partner who also offers hosting as a service, but in this case the customer is obliged to conclude a separate service contract with this partner.

EDV-SOLUTIONS is entitled to withdraw from the contract concluded with the customer for good cause if the performance of the service or the provision of services (e.g. above-average excessive use of the data transfer volume) on the part of EDV-SOLUTIONS is impossible for reasons attributable to the customer or is further delayed despite the setting of a grace period; if the customer defaults on the payment of outstanding debts despite the setting of a grace period (reminder); the withdrawal does not release the customer from the obligation to settle outstanding claims; if there are justified concerns regarding the creditworthiness of the customer and the customer neither makes advance payments nor provides suitable security prior to performance by EDV-SOLUTIONS at the request of EDV-SOLUTIONS. if the relationship of trust is so disturbed that cooperation is no longer reasonable. In the event that an agreed delivery time is exceeded due to the sole fault or unlawful action of EDV-SOLUTIONS, the customer is entitled to withdraw from the relevant order in writing if the agreed service is not provided in essential parts within the reasonable grace period and the customer is not at fault. Force majeure (see also point 5.3.) releases EDV-SOLUTIONS from the obligation to deliver or allows it to redefine the agreed delivery time. In the case of domains...

Unless otherwise agreed, EDV-SOLUTIONS is entitled to a fee for each individual service as soon as it has been provided. EDV-SOLUTIONS is entitled to demand advance payments to cover expenses. All services provided by EDV-SOLUTIONS which are not expressly covered by the agreed fee will be remunerated separately. The costs for travel, daily and overnight allowances will be invoiced separately to the client according to the applicable rates. Travel time shall be considered working time.

The current prices and features for the individual products are shown on the website and are subject to change by EDV-SOLUTIONS. All prices are end customer prices and are exempt from VAT on the basis of § 6 Para. 1 Z 27 UStG 1994. Subject to changes and errors. EDV-SOLUTIONS retains ownership of all products supplied by it until payment has been made in full. Electronic invoicing. EDV-SOLUTIONS is entitled to send invoices in electronic form. The customer expressly agrees to the sending of invoices in electronic form by EDV-SOLUTIONS. The payment is then to be transferred to us within 5 working days. In the event of late payment, EDV-SOLUTIONS will initiate the dunning procedure. Default of payment occurs on the day following the due date. A fee of € 10,- will be charged per reminder. From the due date, interest on arrears of 8% p.a. above the applicable prime rate will also be charged for companies. In the event of late payment and unsuccessful reminders, EDV-SOLUTIONS is entitled to initiate the partial or complete suspension of services (blocking). A suspension for which the customer is responsible does not release the customer from his obligation to pay outstanding debts. The customer undertakes to reimburse all costs and expenses associated with the collection of the claim, such as in particular collection charges or other costs incurred for the...

EDV-SOLUTIONS undertakes to provide the services in accordance with the contract. If EDV-SOLUTIONS does not provide the services at the scheduled times or only inadequately, i.e. with significant deviations from the agreed quality standards, EDV-SOLUTIONS is obliged to begin to rectify the defects immediately and to provide its services properly and free of defects within a reasonable period of time by, at its discretion, repeating the affected services or carrying out necessary rectification work. The customer will support EDV-SOLUTIONS in the rectification of defects and provide all necessary information. provide all necessary information. The customer must notify EDV-SOLUTIONS immediately in writing or by e-mail of any defects that have occurred. The warranty for software and for updates/upgrades of existing software or parts thereof is limited to 6 months. In the case of independent changes to the system by the customer, EDV-SOLUTIONS does not offer any support services.

EDV-SOLUTIONS is liable for damages, insofar as intent or gross negligence can be proven, within the framework of the statutory provisions. Liability for slight negligence is excluded. Compensation for consequential damages and financial losses, loss of profit, loss of interest and damages from third party claims against EDV-SOLUTIONS is excluded in any case, as far as legally permissible.

The customer is responsible for all content of his web hosting (web page, etc.). The customer is expressly advised that the provision, distribution and publication of certain content is subject to legal restrictions or is prohibited. The customer is also liable for third parties to whom he grants access to his activities via his web hosting; his liability is independent of fault. If the content attributable to the customer violates the law, the customer is obliged to remove it immediately. If the request of the authorities is not complied with, EDV-SOLUTIONS will arrange for the prohibited content to be blocked. The customer shall indemnify and hold EDV-SOLUTIONS harmless for any damage caused by prohibited content.

The place of performance is the registered office of EDV-SOLUTIONS. The place of jurisdiction for all disputes arising directly between EDV-SOLUTIONS and the customer shall be the Austrian court with local and subject-matter jurisdiction for the registered office of EDV-SOLUTIONS.

The legal relationship between the customer and EDV-SOLUTIONS shall be governed exclusively by Austrian law to the exclusion of international conflict of law rules. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply. 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.