As of: June 2020
1. These General Terms and Conditions, hereinafter referred to as “T&Cs”, shall be applicable to all present and future deliveries and services of ZUTUUN GmbH in relation to the online offers and online services of zutuun.at and are exclusively based on contracts with entrepreneurs in the sense of § 1 of the Austrian Consumer Protection Act (KSchG). They also govern the provision of paid and unpaid Internet-specific services as well as all related deliveries and services.
2. The respective terms and conditions of the third party service provider are applicable in addition to these T&Cs for the use of services not directly provided by ZUTUUN GMBH to the customer pursuant to the offer.
3. Any conditions of the customer contradicting or supplementing the T&Cs shall only be applicable upon written acceptance by ZUTUUN GMBH.
4. Thecustomer shall be notified of any changes to the T&Cs in writing, by email or online. Such changes shall be deemed as accepted unless the customer objects to ZUTUUN GMBH in writing within two weeks.
5. The contractual relationship between ZUTUUN GMBH and the customer is established either through online registration or by a customer placing an order accepted by ZUTUUN GMBH.
6. All offers on the part of ZUTUUN GMBH are subject to change and shall not be binding. ZUTUUN GMBH reserves the right to make deviations from the offer even after the customer’s acceptance of the offer, to the extent that such deviations are of a technical nature or minor. The features specified in brochures and other documents are deemed not to be guaranteed.
7. The Internet-based application zutuun.at supports entrepreneurs from the building and ancillary construction trades in Austria and abroad with the initiation of orders and with the purchase of commodities and goods.
9. The customer has the right to use the auftrag.at and lieferanzeiger.at online services of ZUTUUN GMBH as well as the associated deliveries and services exclusively for their own (business) use. The customer is therefore prohibited in particular from the commercial or non-commercial exploitation of the deliveries and services, especially data, as well as from copying, distributing, renting, lending or making them available to third parties in any other way. The customer is obliged to abstain from everything that is likely to allow them or a third party to counterfeit the software, the structure of the databases or the formal representation of individual documents. This also applies following termination of the contractual relationship with ZUTUUN GMBH. The customer is obliged to use the working documents, manuals and printouts or other representations from the databases that have been made available to them solely for their own (business) use. Any duplication, which is intended or capable of being published or otherwise transferred to outside third parties, must be explicitly authorised by ZUTUUN GMBH in advance.
10. The customer is responsible for establishing the respective technical requirements necessary for the use of the auftrag.at and lieferanzeiger.at online services of ZUTUUN GMBH.
11. The customer shall not be entitled to use mechanisms, software or other routines when using the online services of ZUTUUN GMBH that may adversely affect the operation of these services. The use of these services may only occur within the scope of normal business operations and to the extent agreed.
12. ZUTUUN GMBH is authorised to use third parties for the fulfilment of the contract. The customer of ZUTUUN GMBH hereby gives their irrevocable consent to the transfer of the contractual relationship to third parties through a unilateral declaration by ZUTUUN GMBH.
14. The customer hereby acknowledges that the software and databases for the online services of ZUTUUN GMBH as well as the deliveries and services are protected by copyright. If a court of law rejects the existence of legal copyright protection for the software, the databases as well as the deliveries and services, it is hereby agreed that, over and above the restrictions contained in this contract, a contractual protection corresponding to the legal copyright is in place for the software, the databases as well as the deliveries and services.
15. The respectively valid fees for the use of the online services of ZUTUUN GMBH are set forth in the respectively valid price lists. Subscription fees are charged in advance on an annual basis. Other fees specified in the price lists.
As of: September 2014 2/2
will be invoiced to the customer no earlier than on a monthly basis in arrears.
16. ZUTUUN GMBH is authorised to make price changes and/or changes to the terms of payment. The customer will be made aware of any change in prices and/or payment terms online or by email.
17. Customer payments to ZUTUUN GMBH must be made without deduction after invoicing. Interest at a rate of 12% p.a. will be payable in the event of late payment. This does not rule out the assertion of further damages caused by delay. Should the customer be in default, they are obliged to compensate ZUTUUN GMBH for any dunning and collection expenses incurred.
18. The online services of ZUTUUN GMBH are operated with no guarantee of constant availability. ZUTUUN GMBH, nevertheless, endeavours to offer the online services on a continuous basis, excluding the customary maintenance periods. Any claims of the customer arising from system-related downtimes and/or maintenance times are excluded. Any further guarantee in connection with the use, usability or non-usability of the online services of ZUTUUN GMBH and/or the technical configuration of the online services of ZUTUUN GMBH and/or the correctness, including specified deadlines, completeness, legality, exploitability or faithful representation of the stored data is excluded. This also applies to transfer and/or transmission errors, such as those occurring in particular between customers and the online services of ZUTUUN GMBH.
19. ZUTUUN GMBH is entitled to extend or restrict the online services of ZUTUUN GMBH at any time to ensure the maintenance of quality standards or with respect to technical or economic developments.
20. The customer hereby explicitly acknowledges that the data stored in the databases for the online services of ZUTUUN GMBH are not reviewed with regard to correctness, including specified deadlines, completeness, legality, exploitability or faithful representation of characters, and that ZUTUUN GMBH is under no obligation to review the data.
21. Any claims for damages against ZUTUUN GMBH shall be excluded, except in cases where the damage was caused by intentional or grossly negligent conduct. Liability exclusion also includes any and all liability for claims arising from operational interruption, data and/or information loss, failure of data processing equipment, software damage, loss of profits, unrealised savings, interest loss, consequential and financial losses. The reversal of the burden of proof regarding gross negligence shall be excluded here. The liability limitations outlined above shall also apply to vicarious agents or assistants of ZUTUUN GMBH. None of the liability limitations shall apply in the event of personal injury.
22. ZUTUUN GMBH’s liability shall in any case be limited to twice the annual remuneration received by the respective customer and in the case of services provided free of charge to 500 euros per year.
23. The customer hereby explicitly agrees that their master data will be processed with the help of automation. The customer hereby gives their irrevocable consent to the electronic processing of all user data for the purpose of invoicing and user administration.
24. The contractual relationship shall continue to apply for the duration during which the customer uses the online services, irrespective of the payment.
25. The contractual relationship regarding the provision of fee-based subscriptions within the framework of the auftrag.at application shall be concluded for an unlimited period of time and may be terminated by the contracting partners in writing either by sending a registered letter specifying the customer number and user name or online by giving three months’ notice annually before the date that corresponds to the calendar day on which the contract commences. ZUTUUN GMBH shall only accept terminations that are legible and sent to the communication addresses published in the imprint in full, free of any harmful elements (e.g. virus attack on electronic documents).
26. ZUTUUN GMBH is authorised to immediately terminate the contractual relationship without giving notice in the event that the customer violates their contractual obligations, in the event that ZUTUUN GMBH no longer has access to the data or no longer has unrestricted access to the data, in the event that bankruptcy or insolvency proceedings have been opened against the customer or have been rejected for lack of assets, as well as in the event that the customer is in payment default and does not meet their obligations to make payment despite being granted a 14-day grace period. ZUTUUN GMBH also has the right to temporarily suspend the online access of the customer in all these cases. The customer’s contractual obligations remain unaffected.
27. Should the contractual relationship be terminated by the customer for exceptional reasons in accordance with point 28, ZUTUUN GMBH will be entitled, notwithstanding the invoicing of fees for other rendered services, to charge the subscription fee as a flat-rate compensation until the end of the respective contractual year. This does not affect the assertion of any further damages.
28. If any provision of these T&Cs is or becomes invalid or ineffective, then a legally valid provision which most closely reflects the economic intent of the invalid provision shall replace it. The invalidity or ineffectiveness of a provision does not affect the validity of the remaining provisions. Verbal subsidiary agreements have not been made. Any amendments and additions must be made in writing. This also applies to any waiver of the written form requirement.
29. Austrian substantive law shall apply. Application of the UN Sales Convention is expressly excluded. The contractual language is German. The place of fulfilment for performance and payment is the registered office of ZUTUUN GMBH. Jurisdiction for all legal disputes regarding the existence or non-existence of a contractual relationship to which these T&Cs apply, or for legal disputes arising from any such contractual relationship, shall fall within the exclusive competence of the Vienna District Court for Commercial Matters or the Vienna Commercial Court, depending on the amount in dispute.
Manager: Jasmin Überbacher, MA
Commercial Court: Graz
Company number: 537083d