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General terms and conditions
WebAgency Körbler
Ing. Dipl-Ing. (FH) Mario Körbler, MBA computing services
Conditions of Use
§1. Validity
The „General Conditions of Use“ (Allgemeine Geschäftsbedingungen, subsequently called "AGB")
of Ing. Dipl-Ing. (FH) Mario Körbler, MBA EDV Dienstleistungen, Umsatzsteuer-ID-Nummer
ATU42998208, Pleysteinplatz 402, A-8462 Gamlitz, subsequently called "Mario Körbler", are valid
for all services and deliveries provided by Mario Körbler for the contracting party.
The AGB are valid for all future deals, even if they have not explicitly been declared again.
External business and buying conditions are only valid, as far as they meet these AGB.
Arrangements which change or suspend these conditions are only valid if Mario Körbler has
explicitly confirmed it in writing.
For the services of Mario Körbler the following conditions of use are valid. Mario Körbler reserves
the right to change these conditions at any time and without advance information.
§2. Accomplishment of the contract
The contract concerning the use of Mario Körbler services, offers and products is approved by
entering into a written or verbal contract, by sending an order via the online form or by
affirming via e-mail and becomes immediately valid. Every contract is a one-year contract,
unless there has been agreed on something else in an individual case according to the
performance description currently in force.
§3. Prices
Except when noted otherwise in the contract, the prices, listed on the website of Mario Körbler
at the date of signing the contract, are valid. Price increases during the minimum term of a year
are excluded. At contract extension the current prices, which are published at the date of the
prolongation of the account, are valid. Errors on the part of the service provider excepted.
§4. Terms of payment
§4.1 Terms of payment for domains, hosting, server and portal presentations
The account for domain-, hosting- and server products (also called webspace, webhosting) of
Mario Körbler must be balanced as annual advance payment, which must be made within 14 days
from order. This arrangement includes also the so-called portal presentations on the operating internet-portals of Mario Körbler, such as www.rebenland.at, www.sued-steiermark.com,
www.weinexperte.at or www.steirisches-weinland.at. The annual fees for domains, server,
hosting and portal presentations include no services like for example upgrades of web pages or
portal presentations.
§4.2 Terms of payment for services
For services (programming of websites, software engineering, upgrades and diversification of
websites, introduction, maintenance) the payment is due 14 days after receiving the invoice.
§4.3 Default of payment
Default of payment authorizes Mario Körbler to block the services and devices used by the
customer. In this case the customer remains under obligation to pay the outstanding amount.
§5. Data security
Mario Körbler binds himself not to disclose your personal details to third parties. Any personal
information will be treated as confidential. The data necessary for business purposes will be
stored and passed on within the scope of order processing to associated companies for order
processing.
§6. Data protection
Mario Körbler makes backups of websites only in those cases, in which this has explicitly been
stipulated in writing. The customer must personally take care that he himself makes backups of
his web-data. For that Mario Körbler provides appropriate means.
§7. Cancellation
The customer may cancel his contract, by meeting a 3 months' notice, at the end of the service
period. The cancellation must be sent in written form within the agreed time limit to the
address published in the web (cancellations via e-mail are not possible). At early cancellation of
a contract without cause (?) the amount already paid will not be refunded. If no cancellation
takes place on time, the contract with the contained services will automatically be extended for
another year.
Mario Körbler is authorized to cancel without previous notice the contractual relationship at
failure to comply with the contract conditions and to immediately stop all services. A reason for
it is especially the abusive use of a product or of a service or a violation of a statutory provision
concerning the content of the internet-presentation.
§8. Change of provider
At expiration of the contract Mario Körbler is authorized to delete the complete data of the
customer irreversibly. The customer has to make sure that his e-mails are downloaded from the
e-mail server before the termination of contract. After the expiration of the contract there is no
more chance to retrieve e-mails at Mario Körbler.
§9. Domain registration
After the contract is concluded Mario Körbler will make the application of the appointed domain
name at the respective registrar. Mario Körbler assumes no liability for the actual allocation of
the desired domain name for the customer by the registration department. If a requested
domain name is already assigned, the customer may withdraw from the contract or choose
another domain name. After successful domain registration a change of the domain name is not
possible any more. For all domain names, registered by Mario Körbler, the customer is registered
as proprietor (with all rights and obligations) and may change to another provider after
expiration of the contract.
§10. Package upgrade
The customer can at any time upgrade to a higher service offer. From the upgrade date on the
hosting package is valid for another year. The remaining balance from the previous offer will be
credited for the annual hosting fee.
§11. Mario Körbler services at web-hosting
Mario Körbler provides the customer with web hosting on a server which is connected with the
internet (according to the descriptions of the offer on the web pages of Mario Körbler).
Mario Körbler is authorized to partially or completely shut down customers' server stability
interfering services, and if the disturbance continues, the scope of services can be adapted. If
certain offers and options strain the server stability beyond the normal amount (fair-use-policy)
or if customary improvements are necessary, the range of functions may also be changed.
Mario Körbler strives to provide all services failure-free and without interruption. Predictable
interruptions of operation, such as maintenance work, upgrades of services, introduction of new
hard- and software, are announced ahead of time. Possible disturbances will as soon as possible
be cleared.
§12. Obligations of customers
The customer is fully accountable for the information which he makes available for the public on
the internet. The customer has to refrain from abusive use and illegal activities on the internet.
Especially the following points are not permitted: The customer's home page must not contain
any pornographic, immoral or politically radical information. Furthermore the supply of
copyrighted material is a reason for immediate cancellation of the contract, if the customer
doesn't comply with Mario Körbler's orders to establish a condition according to the contract.
Links (Deep Linking) to websites with such contents are also prohibited and also a reason for the
cancellation of the contract.
The customer must make sure that his own website (incl. scripts, data base, programmes, etc.)
doesn't damage the websites or offers of other customers and that the server stability, server
performance or availability of services are in no way affected. Sending mass mails (spam-mails,
massmailings) which risk the service stability of the server, are not permitted.
If the customer uses own scripts (Perl, PHP, etc.) which require an exceeding and unusual great
deal of resources (fair-use-policy) or which malfunction, Mario Körbler reserves the right to
reduce or to cancel the implementation of such scripts.
The customer commits oneself to use the server only for generally applied services and
according to Mario Körbler's conditions and is liable for all damages which the customer afflicts
to Mario Körbler or to other users of the server by misuse of the server.
§13. Liability
The users use the application of Mario Körbler services at their own risk. Mario Körbler assumes
no liability for direct or indirect damages caused by technical problems, server failure, data
loss, transcription errors, instability of data or other reasons. Mario Körbler is not liable for lost
profits and consequential damages.
Rights of liability against Mario Körbler which refer to material or non-material damage, which
were caused by the use or disuse of the presented information or by incorrect or incomplete
information, are always utterly out of the question.
§14. Copyright and usage at handling through subcontractors
All copyrights for the agreed services (programmes, documentations, designs, etc.) belong to
Mario Körbler. By paying the stipulated fees Mario Körbler acquires the right to use the software
for all purposes. By means of the concrete contract all rights are acquired by the WebAgency
Körbler. Mario Körbler is entitled to distribute, duplicate and to the agreed services himself. All
rights, such as application rights or other utilization rights and the right to provide online, are
unreservedly passed over to Mario Körbler without restrictions.
§15. Force majeure
This clause of superior force frees Mario Körbler from liability or obligation when an
extraordinary event or circumstance beyond the control of Mario Körbler prevents Mario Körbler
from fulfilling his obligations under the contract. Superior force applies to unforeseeable events
and events like especially legal forms of industrial actions, also in companies of third parties,
regulatory actions, failure of communication networks and gateways of other operators,
interruption within the scope of wire suppliers, lockout or interruption or failure of electricity
[or telephone service], other technical disturbances and breakdowns, even if these
circumstances arise within the scope of subcontractors, subsuppliers or their subcontractors or
within the scope of network operators authorized by the provider.
§16. Final clauses
Any contractual relationship of the contractual partners is exclusively subject to the Austrian
law. Place of jurisdiction is Graz.
The language of the contract and the negotiations is German.
All subsidiary agreements and arrangements require written form.
In case individual provisions of these conditions of use are ineffective, the contract still remains
established. The effectiveness of all other provisions remains unaffected. The ineffective
arrangement has to be replaced by an arrangement which is closest to the purpose of the
ineffective arrangement.
By placing an order the customer declares explicitly that he is not under the age of 18 and that
he is therefore authorized to sign. If the customer is not yet 18, he is obligated to attach a
written approval of his parent or guardian.
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