Terms and Conditions (GTC)
The Change-IT e.U. owner Yusuf Sar, Lerchenfelder Straße 70-72/5, 1080 Vienna operates an IT company, available at www.hardwarewartung.com and also known as hardwarewartung.com (hereinafter “HWW“), which offers maintenance models to other companies for their IT hardware.
These general terms and conditions thus define the general conditions of cooperation between HWW and those companies which have a contractual relationship with HWW (hereinafter referred to as “customer“).
Which hardware is actually maintained by HWW, it is to agree separately to these terms and conditions.
HWW is entitled to change the present GTC at any time without the prior consent of the customer or to adapt it to a change in a statutory provision.
The content of this service provided by HWW is the maintenance of IT hardware in conjunction with other service providers.
The current services of HWW, which are an integral part of these terms and conditions, can be found at www.hardwarewartung.com/leistungen. The individual services are based on the respective contractual partner of HWW (hereinafter referred to as “Third Party Provider” or “Subcontractor“) whose connection with the conclusion of the Maintenance Contract with HWW will provide the services.
The services of HWW essentially include the maintenance, repair and support of the systems listed in the orders by a subcontractor. In the respective orders, the customer must state the system definition, number, equipment and the scope of the systems under installation service, service times, service start and price conditions.
Which services are specifically purchased by the customer will be recorded separately when the order is placed. The Service Level Agreements (hereinafter referred to as “SLA“) are also specified in the order placement.
Machines, systems and parts thereof replaced by HWW shall become the property of HWW after their replacement. Machines, systems and parts thereof installed by HWW shall become the property of the customer upon payment. The retention of certain hardware parts (e.g. hard disk) by the customer (disk retention) must be agreed in writing.
The following are excluded from the content of the services provided by HWW or its subcontractors: The supply and installation of consumables as defined by the manufacturer and costs charged according to the user schedule. Replacement of accumulators, batteries, printing units, heads, ribbons and hammer banks. Software support and installations of operating systems and their releases. Elimination of malfunctions caused by the customer’s or third parties’ negligent or intentional behaviour, malfunctions caused by the installation of additional equipment by third parties, the use of unsuitable equipment or other changes to the system, malfunctions caused by force majeure, theft, lightning strikes, fire, water, power failures or war and terrorist events.
3 Contractual Partner and Conclusion of Contract
Customers of HWW are basically those natural and legal persons (no private persons within the meaning of the Consumer Protection Act) who make use of the services of HWW (§ 2) by contacting the online portal www.hardwarewartung.com and/or directly with HWW.
When making (online) contact, the customer assures HWW of the authenticity and correctness of the data provided.
The contract with the customer is generally concluded with the acceptance of the offer by HWW.
4 Service Level Agreements
The individual and detailed SLAs can be found at the respective third-party provider who fulfils the individual services as defined in these GTC. The general terms and conditions or similar of the third party provider represent an integral part of these general terms and conditions.
Also, the respective scope of services of HWW or its subcontractor will be handed over to the customer. In this scope of service, depending on which devices are maintained, the currently valid SLAs are visible. All documents submitted to the customer in connection with the relevant offer form an integral part of these terms and conditions.
5 Obligations of the Customer to Cooperate
The customer must observe HWW’s operating instructions when reporting and isolating faults. Within reason, the customer shall take the necessary measures to facilitate the identification of the faults and their causes. The customer shall give HWW the necessary time and opportunity to perform its services. Before replacing parts or devices, the Customer shall immediately remove programs, data, data carriers, modifications and attachments at the request of HWW.
The passing on of orders within the scope of the activities specified under § 2 to subcontractors of HWW is expressly permitted and desired, since only in this way is the quality and pricing in the independent hardware maintenance market possible. For the sake of completeness, it is noted that the provisions of these GTC for HWW also apply to subcontractors within the meaning of § 1313a GTC.
As a rule, payment is made in advance by means of a fee note and a 14-day payment period.
In the event of default interest at the rate of 8% applies; Dunning and collection charges are to be replaced. In the event of default in payment with individual liabilities or in the case of immediate withdrawal from the contract by HWW, all claims will become due for payment immediately.
The offsetting of counterclaims of the customer is excluded.
The following index adjustment applies to the fee for the use of the respective accounts. The consumer price index 2010 published monthly by Statistik Austria or the index replacing it ex officio serves as a measure for calculating the stability of value. The index number announced for the month in which the contract is concluded serves as the reference value for adjustments. Fluctuations in the index number of 5% upwards or downwards are not taken into account. This fluctuation range is to be recalculated each time it is exceeded, either upwards or downwards, whereby the first index number outside the applicable margin always forms the basis both for the new determination of the claim amount and for the calculation of the new margin. All rates of change shall be calculated to a rounded decimal place.
The customer hereby expressly agrees that the data entered by him may be used by HWW for earmarked purposes.
Furthermore, the customer expressly acknowledges that HWW uses third-party services (eg Google Analytics, Facebook, Ogone, etc.) for the online portal www.hardwarewartung.com and in this context expressly agrees to the use of its data by these third-party providers. It should be noted that may be used by third parties may cookies, IP addresses of the customer or the like for statistical purposes (eg evaluation of the website www.hardwarewartung.com) or passed on for statistical purposes. If the personal data of third-party providers are used or passed on in this context, HWW shall no longer be deemed to be the client within the meaning of the Data Protection Act 2000 (hereinafter referred to as “DSG 2000“).
In all other respects, the data protection provisions as defined in DSG 2000 and all other relevant Austrian statutory provisions shall be complied with in the use of data.
If HWW has received the e-mail address of the customer within the framework of the conclusion of the contract, this will be used for advertising purposes for own services as well as for system messages. The user expressly agrees to receive system messages and newsletters. These notifications and newsletters are part of HWW’s services and cannot be cancelled during the term of the contract.
By placing the order with HWW, the customer agrees to serve as a reference to support the initiation of further business relations for HWW. If the customer does not agree, this must be notified in writing to HWW.
HWW undertakes to perform the tasks assigned to it with professional and commercial care to the best of its knowledge. Should any discrepancies nevertheless occur with the customer, the customer must assert and justify any complaints in writing within seven working days after becoming aware of the discrepancies, unless there are other regulations for individual points of these General Terms and Conditions.
Claims for damages of the customer of any kind are excluded, unless they are based on intent or gross negligence on the part of HWW and relate exclusively to the services within the meaning of these GTC, but then only up to the amount of the respective order value.
HWW is not liable for any damage resulting from product defects or the like in the course of maintenance. Furthermore, HWW is not liable in connection with services which are excluded according to § 2.
HWW dissociates itself expressly and does not take over any guarantee for any product/service, which is advertised or offered over HWW or linked web pages of third.
HWW operates its websites from Austria and assumes no responsibility for the fact that their use is permitted and possible elsewhere. Those who access the HWW websites from other locations do so voluntarily and are responsible for their compliance with local laws.
The Customer shall be liable for all damages caused to HWW in connection with the relevant contractual relationship.
Irrespective of the (further) validity of these GTC and beyond the duration of the services within the meaning of these GTC for an unlimited period of time, each customer irrevocably undertakes to indemnify HWW, its employees, organs, affiliated companies and representatives for all damages, in particular from claims and damages including costs of legal representation, due to the violation of these GTC or part thereof.
The contract duration between HWW and the customer is usually set at the time of submission by HWW. A proper notice period is not provided. The respective contract can then be extended by mutual agreement; otherwise the contract ends after the expiration of time.
The right to terminate for good cause remains unaffected for both parties. HWW may terminate this contract prematurely (with immediate effect) in particular and in addition to the other termination options listed in these GTC without notice for the following important reasons and without observance of a (further) grace period if
- bankruptcy proceedings are opened against the assets of the customer, or the application for the opening of such proceedings is dismissed due to a lack of cost-covering assets;
- the customer is in default with a payment due to these Terms and Conditions for more than 1 week.
- The customer violates any provision of these GTC, the rights of third parties, the law or morality.
Upon termination of this contract, all claims of HWW against the customer shall become due, insofar as they are not already due.
HWW is entitled to transfer its rights and obligations under contracts or agreements with customers to its respective individual or universal successor at any time without the consent of the customer. The transfer of the rights and obligations under contracts or agreements between the customer and HWW to their respective individual or universal successor requires the express written consent of HWW.
Notifications provided for in these GTC or in law shall be deemed to have been received on the day on which they arrive at the address last indicated in writing by the contracting parties. A change of address must be expressly communicated in writing to the other contractual partner and becomes effective two weeks after receipt at the address of the other contractual partner.
All legal issues arising from or in connection with these GTC shall be governed by Austrian law excluding its reference standards (in particular, excluding the UN Sales Convention and the IPRG).
Place of fulfillment is Vienna. The contracting parties agree that all disputes arising from the contractual relationship within the meaning of these terms and conditions shall be subject to the exclusive jurisdiction of the competent court in Vienna.
In case of dispute, the customer is not entitled to discontinue his services in the sense of these Terms and Conditions.
The customer waives the right to contest the concluded contract according to these Terms and Conditions due to error.
If a provision of these GTC, a subsequent amendment or supplement is invalid or becomes invalid, this shall not affect the validity and effectiveness of the remaining provisions of these GTC. In the event of ineffectiveness, invalidity or unenforceability, a provision that comes as close as possible to the economic result of this provision and is not ineffective, invalid or unenforceable shall be deemed to have been agreed between the contracting parties. The concrete economic interests of the contracting parties shall be determined in particular from the void, ineffective or unlawful provision.