General Terms and Conditions:
Website Privacy Service

As of: June 31, 2020

1. Subject Matter of the Contract

1.1 The subject of these terms is the provision of services in the area of website privacy and the provision of the web application DataReporter (hereinafter “Software”) by Resonanz Digital GmbH for use by its customers as sub-licensees via a remote data connection, as well as the provision of associated maintenance services.

2. Provision of the Software

2.1 Resonanz Digital GmbH grants the customer non-exclusive use of the Software as a sub-licensee via the Internet, limited to the duration of the contract.

2.2 In order to provide the Software, Resonanz Digital GmbH transmits the name and address of your customer’s company to its software partner DataReporter GmbH, Zeileisstraße 6, A-4600 Wels, hereinafter referred to as DataReporter.

2.3 DataReporter has the right to list the end customer’s company as a sub-licensee of the software used as a reference in its marketing materials as well as on its website or other Internet presences (e.g., social media).

2.4 The functional scope of the Software results from the functional description as shown on the DataReporter website at www.datareporter.at (or limited by the respective agreed package activation).

2.5 An adaptation of the Software to the specific needs of the customer is only owed if accordingly agreed and only for an additional fee.

2.6 The Software may be subject to changes by the manufacturer. The manufacturer is entitled to modify the Software, in particular to adapt it to technological progress and legal framework conditions.

2.7 As a sub-licensee, the end customer is not entitled to use direct support services from DataReporter. The point of contact is Resonanz Digital GmbH.

3. Contract Duration and Termination

3.1 The contract comes into effect upon acceptance of the customer’s order by Resonanz Digital GmbH. It is concluded for a limited period of one year.

3.2 The contract is automatically extended by another year unless the customer provides written notice of termination at least six months before the contract expires.

3.3 Upon termination or other end of the contract, the customer’s non-exclusive right to use the texts and templates provided via the Software also expires.

4. Payment Terms

4.1 The customer agrees to pay Resonanz Digital GmbH a flat-rate fee according to the offer. The flat-rate fee includes the services described in the offer and these terms by DataReporter.

4.2 Resonanz Digital GmbH will invoice the customer for the contractually owed remuneration annually in advance.

4.3 Resonanz Digital GmbH is entitled to increase the remuneration for the services it offers for the first time 6 months after conclusion of the contract. Resonanz Digital GmbH is entitled to further increase the remuneration if the last price increase was at least 6 months ago.

4.4 Resonanz Digital GmbH is entitled to send invoices to the customer in electronic form. The customer expressly agrees to the sending of invoices in electronic form.

5. Defects and Warranty

5.1 The sample texts provided in the Software have been created to the best of knowledge and expertise, but do not claim to be complete and correct. They are intended to serve as guidance. The specific use requires careful and independent review by the customer. Formulations should be changed as needed. Expert advice should be sought for specific questions. The assumption of a warranty by Resonanz Digital GmbH for the correctness and completeness of sample texts is therefore excluded.

5.2 A defect exists only if it involves function-disrupting deviations from final specifications. No warranty is provided for minor and/or insignificant defects or errors; in particular, this applies to those defects through which the agreed or commonly presupposed usability is not impaired. Resonanz Digital GmbH also does not guarantee that programs in the selection made by the customer will work together, that they will run continuously without errors, or that they can be used to achieve specific business results or that specific results can be achieved.

5.3 A defect is also not the responsibility of Resonanz Digital GmbH if the defect is attributable to the task specified by the customer or to the customer’s insufficient or erroneous cooperation obligation, or if the functions do not meet the customer’s requirements. The warranty also lapses if the customer or a third party makes unauthorized changes to the Software or has made such changes.

5.4 Any defects must be reported by the customer in writing with a precise description of the problem. The warranty includes defect diagnosis and defect elimination. Resonanz Digital GmbH supports the customer in the search for defects and defect causes. If the customer cannot prove that the defect is attributable to Resonanz Digital GmbH, the latter is entitled to charge the customer for the services rendered in connection with the defect diagnosis and defect elimination.

6. Liability and Damages

6.1 Resonanz Digital GmbH is liable for the careful and professional provision of its contractual services as well as their freedom from defects.

6.2 Resonanz Digital GmbH is liable without limitation for intent and gross negligence. For slight negligence, DataReporter is only liable in accordance with the Product Liability Act and for damages resulting from injury to life, body, or health of persons. Beyond this, liability is limited per year to the annual revenue generated by DataReporter with the customer.

6.3 Resonanz Digital GmbH assumes no liability for consequential damages incurred by the customer due to temporary server failures. Furthermore, all liability claims due to alleged legal defects in the Software are expressly excluded. It is solely the customer’s responsibility to inform themselves about existing legal obligations or to include the legally necessary notices accordingly.

6.4 Claims for damages by the customer can only be asserted in court within six months of knowledge of the damage and the damaging party, but at the latest within three years after the event giving rise to the claim.

6.5 The customer must in each case provide proof that the damage is attributable to fault on the part of Resonanz Digital GmbH.

6.6 Insofar as Resonanz Digital GmbH provides services with the assistance of third parties and warranty and/or liability claims against these third parties arise in this context, Resonanz Digital GmbH assigns these claims to the customer. In this case, the customer will primarily hold these third parties liable.

6.7 Resonanz Digital GmbH has no obligation to inform the customer about any innovations or updates of program versions. If problems and/or damages occur to the customer due to an update not being carried out, liability for such damages on the part of Resonanz Digital GmbH is excluded. In these cases, Resonanz Digital GmbH is therefore neither obliged to pay compensation nor to restore functionality (free of charge).

6.8 The liability limitations also apply accordingly to damages that are attributable to third parties engaged by Resonanz Digital GmbH.

6.9 The sample texts provided in the Software have been created to the best of knowledge and expertise, but do not claim to be complete and correct. They are intended to serve as guidance. The specific use requires careful and independent review by the customer. Formulations should be changed as needed. Expert advice should be sought for specific questions. Before adopting unchanged content, it is therefore necessary to check in one’s own interest whether and in which parts adaptations to the specific situation and legal developments are necessary. Resonanz Digital GmbH naturally has no influence on this process and can therefore assume no liability.

7. Protection of Intellectual Property

7.1 The copyrights to the works created by Resonanz Digital GmbH and its employees and commissioned third parties always remain with Resonanz Digital GmbH. They may be used by the customer after payment of the agreed fee exclusively for purposes covered by the contract and only to the extent of the acquired licenses.

7.2 Any copying, duplication, making available, and/or passing on for the purpose of use by unlicensed or unauthorized users not expressly permitted in advance by Resonanz Digital GmbH is expressly prohibited.

7.3 If no contract is concluded or if it ends, all contract items (test accesses, documents, sample texts, and other templates provided in the Software, etc.) must be returned to Resonanz Digital GmbH immediately and completely and may not be (further) used.

7.4 A violation by the customer of the provisions mentioned in point 7 entitles Resonanz Digital GmbH to immediately terminate the contractual relationship prematurely and/or to assert other legal claims, in particular for injunction and/or damages.

8. Data Protection

8.1 Resonanz Digital GmbH undertakes to maintain absolute confidentiality regarding all business matters that come to its knowledge, in particular business and trade secrets as well as any information it receives about the nature, scope of operations, and practical activities of the customer.

8.2 Resonanz Digital GmbH is released from the obligation of confidentiality towards any assistants and representatives it employs. However, it must fully transfer the obligation of confidentiality to them.

8.3 The obligation of confidentiality extends indefinitely beyond the end of the contractual relationship.

8.4 The applicable data protection regulations – in particular the EU General Data Protection Regulation (GDPR), the Austrian Data Protection Act (DSG 2018) – are known to Resonanz Digital GmbH. Resonanz Digital GmbH will comply with the legal provisions of data protection in their currently valid version. Resonanz Digital GmbH is entitled to process entrusted personal data within the framework of the purpose of the existing contractual relationship. The customer guarantees Resonanz Digital GmbH that all necessary measures, in particular those in the sense of the applicable data protection regulations, have been taken for this purpose.

9. Final Provisions

9.1 All changes or additions to these terms require written form to be effective. There are no verbal side agreements.

9.2 The contract or these terms, which form an integral part, are exclusively subject to substantive Austrian law, excluding the UN Convention on Contracts for the International Sale of Goods and its other reference standards from private international law. The court with subject-matter jurisdiction at the registered office of Resonanz Digital GmbH is responsible for disputes.