VERPURA Terms and Conditions of Contract

 

 

The subject of the contract and conclusion of the contract.

 

The contractor (VERPURA GmbH), from now on referred to as the contractor, has developed the software "VERPURA" for small and medium-sized enterprises. This software is available in various packages. The Contractor shall provide the Customer with access to the "VERPURA" software. It is not necessary to install the software on the customer's computer. All functions of the software are operated via the Internet (a corresponding Internet connection is required). The customer receives the ordered number of accesses and can also create further accesses himself. Every access is fee-based. The contract is concluded when the customer requests access. This can be done via the WEB FORM, via email, via the contact form or order form. The acceptance will be confirmed to the customer by e-mail. Additional agreements to this contract must be made in writing and must be negotiated directly with the Contractor.

 

Test-access

 

Test accesses are temporary free accesses. After the test phase, these can be converted into chargeable access.

 

Delivery & warranty

 

The delivery of the ordered software package or the creation of access to the ordered software package shall take place within 14 days at the latest of the request for access by the Contractor. A hotline is available to the customers of the Business and Premium packages for questions regarding access and operation. All customers have a web form and an email address at their disposal for questions. The Contractor's liability for any loss of data shall be limited to cases of gross negligence on the part of the Contractor.

 

Duration of contract

 

Unless otherwise agreed, the contract is concluded for an indefinite period. The contract may be terminated in writing for the first time after the expiry of the agreed minimum term and after that at the end of each calendar month, subject to one month's notice. The contractually agreed minimum term is 6 months. It begins at the time of activation of the access and notification of the customer of the activation. The contracting parties may terminate the contract prematurely with immediate effect without observing a period of notice if there is an important reason for doing so.

Important reasons include in particular

 

- if bankruptcy or composition proceedings are instituted against the assets of the other contracting party or if bankruptcy proceedings are refused due to lack of assets. - in the event of material breaches of contract - in particular in the event of default in payment

- and failure to establish the contractual condition, if this is announced 3 weeks in advance.

- in general in case of misuse of the access to the software "VERPURA". The Contractor may also terminate contracts at any time, whereby the Customer must have access here for at least one month, or his data must be made available to the Customer.

 

Flat-rate user fee

 

For the use of the software and the associated services and products, a monthly flat-rate fee is charged according to the price list. The currently valid prices are guaranteed for a period of 6 months. After expiry of this period, the Contractor reserves the right to change prices by giving notice of change. The price changes will be announced to the customer by an individual letter/e-mail. If the customer does not object to the changes within a period of 2 weeks from receipt of the price change declaration, the changes shall take effect for the existing contract at the time notified by the Contractor after expiry of this period. If the customer objects to the changes in writing within a period of 2 weeks from receipt of the price change declaration, the contract ends with a cancellation period of 3 months, calculated from receipt of the price change declaration at the end of the month. The customer shall be specifically informed of the significance of his conduct as well as the consequences arising within the scope of the price change declaration. Should the customer, having ordered several additional packages, object only to a part of the price change, e.g. only to one additional package, the contract shall end, as stated above, only with regard to the package being objected to. The remaining contract remains valid. The flat rate for use serves, among other things, the further development of the software as well as technical support via hotline. All prices mentioned are without legal sales tax.

Invoices of the contractor are due for payment within 14 days after invoice date. Payments shall be made to the account stated on the invoice in such a way that the payments can be clearly allocated to the invoice. Costs for the transfer (e.g. bank charges) shall be borne by the customer. The statutory provisions of §1333 ABGB (Austrian Civil Code) shall apply in the event of default in payment as well as in the event of costs for appropriate prosecution. The Customer shall not be entitled to offset counterclaims against the Contractor, except in the event of the Contractor's insolvency and in those cases in which the counterclaims have a legal and factual connection with the Customer's obligations or have been established or acknowledged by a court.

 

System Requirements at the Customer's Site

 

The customer must ensure that Internet access is available for the use of the online service. Furthermore, the customer is responsible for the functionality of his end device and modern software for Internet use (browser).

 

Data protection and security

 

The Contractor guarantees that all data will not be passed on to third parties, that it will be protected against misuse and that it will be stored securely. At the end of the contract, all data that the customer leaves on the server will be properly deleted. The data can be transferred to the customer for a fee.

 

Modification of services

 

Changes to VERPURA's services, such as updates or extensions, are free of charge for the user and do not change the subject matter of this contract.

 

Availability

 

The Contractor guarantees an availability of the contractual service of 99% for a period of one calendar year (one week is considered Mo-So 0-24h). This results in a possible failure rate of 3.7 days per year. If this availability can no longer be guaranteed, the Contractor undertakes to pay an aliquot price reduction for the additional downtime. Further claims for damages are not to be asserted.

 

Jurisdiction and Other

 

For any disputes arising from this contractual relationship, the contracting parties agree to the exclusive jurisdiction of the competent court in Linz. Austrian law applies exclusively to this agreement. The application of the UN Convention on Contracts for the International Sale of Goods is excluded. Amendments or supplements to this contract require the written form. Should one or more provisions of this agreement be or become invalid or unenforceable, this shall not affect the validity of the remaining provisions. In this case, the invalid provision shall be replaced by a permissible provision that comes closest to the will of the contracting parties.

 

For the use of the software and the associated services and products, a monthly flat-rate fee is charged according to the price list. The currently valid prices are guaranteed for a period of 6 months. After expiry of this period, the Contractor reserves the right to change prices by giving notice of change. The price changes will be announced to the customer by an individual letter/e-mail. If the customer does not object to the changes within a period of 2 weeks from receipt of the price change declaration, the changes shall take effect for the existing contract at the time notified by the Contractor after expiry of this period. If the customer objects to the changes in writing within a period of 2 weeks from receipt of the price change declaration, the contract ends with a cancellation period of 3 months, calculated from receipt of the price change declaration at the end of the month. The customer shall be specifically informed of the significance of his conduct as well as the consequences arising within the scope of the price change declaration. Should the customer, having ordered several additional packages, object only to a part of the price change, e.g. only to one additional package, the contract shall end, as stated above, only with regard to the package being objected to. The remaining contract remains valid. The flat rate for use serves, among other things, the further development of the software as well as technical support via hotline. All prices mentioned are without legal sales tax. Invoices of the contractor are due for payment within 14 days after invoice date. Payments shall be made to the account stated on the invoice in such a way that the payments can be clearly allocated to the invoice. Costs for the transfer (e.g. bank charges) shall be borne by the customer. The statutory provisions of §1333 ABGB (Austrian Civil Code) shall apply in the event of default in payment as well as in the event of costs for appropriate prosecution. The Customer shall not be entitled to offset counterclaims against the Contractor, except in the event of the Contractor's insolvency and in those cases in which the counterclaims have a legal and factual connection with the Customer's obligations or have been established or acknowledged by a court.