Terms and Conditions for the Collaboration with Users
1. General, Scope of Validity
(1) These General Terms and Conditions of Business (hereinafter "Ts and Cs") in the version valid at the time of collaboration apply for the entire business relationship between the contractual partner and SYNMONDIS GmbH, Marktplatz 3, A-2193 Wilfersdorf (hereinafter referred to as "SYNMONDIS"). The General Terms and Conditions of Business can be saved and/or printed out and can be retrieved via the website of SYNMONDIS.
Deviating terms and conditions of a user will not be acknowledged by SYNMONDIS and will also not become part of the contract unless SYNMONDIS has explicitly agreed to the deviating terms and conditions with a written confirmation. An acceptance by electronic means (e-mail) is sufficient to meet the requirement of written form.
(2) Users are deemed to be both consumers and entrepreneurs pursuant to the Austrian Consumer Protection Act (KSchG) and the Austrian Companies Code (UGB).
A consumer pursuant to the regulations below is somebody for whom the legal transaction is not part of the operations of his/her company.
An entrepreneur is somebody who runs a company. An entrepreneur is any natural person or legal entity or a partnership with legal capacity for which this contract belongs to the operations of their company. A company is any organisation of non-dependent commercial activity established on a lasting basis, irrespective of whether it is operated for profit or not.
2. SYNMONDIS services
In the case of offers, SYNMONDIS will provide the economic offers or economic requests created on the basis of the communicated data online via the Internet to interested users. The selection of suitable users and suitable offers is the responsibility of SYNMONDIS. SYNMONDIS strives to adapt its services to current technical developments and current market developments. SYNMONDIS therefore reserves the right to make changes to the agreed services if such changes do not impair the core services and can be reasonable expected of the contractual partner, taking into account the latter's interests. Such changes will be published on our homepage www.synmondis.net. The user will inform himself/herself about ongoing developments on the website.
3. Information from the users
3.1 The user only undertakes to place reputable economic offers or economic requests on the platform and to compile the information communicated to SYNMONDIS carefully and truthfully and to deactivate them immediately if the offered economic offer or economic request is no longer available (e.g. marketed or reserved). The user also undertakes to only offer economic offers or economic requests that are in his/her own marketing portfolio or for which he/she has a marketing mandate. Solely the user is responsible for the content and correctness of the data handed over. In the process, he/she must truthfully indicate all characteristics and features of the offered economic offers or economic requests fundamental for the decision. He/she also undertakes not to communicate any data whose content breaches the rights of third parties (e.g. privacy rights, name rights, trademark rights, copyrights, etc.) or infringe existing laws. The user will indemnify SYNMONDIS against all claims that are filed against SYNMONDIS by third parties due to such breaches. This also includes the reimbursement of costs required for legal representation.
Offer configurations that are used solely to gain the attention of prospective customers will be seen as abuse and deactivated or deleted by SYNMONDIS without prior announcement.
3.2 The user has to notify SYNMONDIS immediately in writing of any changes to his/her name, his/her company, his/her address and/or e-mail address or the address or an e-mail address of another recipient named by him/her.
3.3 The user must notify SYNMONDIS immediately of changes to his/her address relevant for deliveries. If the user fails to do this, declarations towards him/her are deemed to have been received if they have been sent to the last notified address.
4. Non-transferability and confidentiality
The rights of the user arising from this contract are non-transferable.
In addition, the user undertakes not to forward his/her data to third parties in the form technically prepared by SYNMONDIS.
All rights (copyrights, trademarks and other intellectual property rights) to the database work, the database and the content, data and other elements placed in there lie solely with SYNMONDIS; this does not affect any rights of the user to the content placed by him/her.
Under these terms and conditions of usage, the user has the right to make individual data records visible on his/her screen only using the online search masks provided by SYNMONDIS and to produce a print-out of this for permanent visualisation.
Automated polling by scripts, etc. is not permitted. Copyright information or other protective right information on the website www.synmondis.net may not be changed. The user may not use the data gained through enquiries either in full or in part or in extracts (a) to develop his/her own database in any medial form and/or (b) for a commercial usage of the data or to provide information and/or (c) for another commercial utilisation. The linking, integration or otherwise combination of the database or individual elements of the databases with other databases or meta databases is not permitted.
By placing content in the database, the user grants SYNMONDIS the right to use this content for an unlimited period of time in the usage types necessary for the placement and provision in the database and the retrieval by third parties, in particular to save, reproduce, provide, communicate or publish the content or make it publicly accessible, including in the form of advertising media of SYNMONDIS or advertising media of third parties (cooperation partners of SYNMONDIS).
In addition, SYNMONDIS will be given the right to rework the content, in particular if this does not meet the requirements pursuant to Clause 3 of these General Terms and Conditions of Business.
The user notes and approves that during the installation of software licensed by SYNMONDIS also software of third parties may be used whose usage may be subject to special conditions that SYNMONDIS will provide to the user.
6. Use of information communicated by SYNMONDIS
The user is obligated to use the information sent to him/her based on the offer regarding enquiries only in connection with the intended specific commercial opportunity or commercial enquiry. Any forwarding of information to third parties or usage of the information for other purposes is prohibited.
7. Sending of supplementary information and offers, supplementary distribution of offers
SYNMONDIS is entitled but not obligated to also provide users with its own and third-party additional information or additional offers that, among others, is/are associated with an economic offer or economic request. This consent can be revoked at any time in writing by letter to the address given under Clause 11 or by e-mail to email@example.com. SYNMONDIS is also entitled but not obligated to carry out a supplementary dissemination of the offer that is free of charge for the user via cooperating platforms and other partners.
8. Saving of data
The user is aware and consents to his/her data forwarded to SYNMONDIS being saved and processed by SYNMONDIS for the aforementioned purposes and those arising specifically from the user order. In the process, SYNMONDIS will comply with the relevant data protection provisions, in particular the Austrian Data Protection Act (DSG 2000) and the Telecommunications Act (TKG).
Details on this can be found in our data protection declaration.
9. Warranty, liability
Warranty claims towards SYNMONDIS are initially limited to improvement or replacement. However, SYNMONDIS is entitled to refuse the selected type of subsequent fulfilment if this can only be carried out at unreasonable costs and if the other type of subsequent fulfilment would not entail any considerable disadvantages for the customer. If the improvement or replacement fails, the user is entitled to price reduction or conversion pursuant to Section 932 Par. 4 of the Austrian Civil Code (ABGB). Alternatively, the user can demand compensation pursuant to Section 933a of the Austrian Civil Code (ABGB). The restriction of the warranty does not apply towards consumers pursuant to the Consumer Protection Act (KSchG).
SYNMONDIS is liable without restriction pursuant to the statutory provisions for personal injury or damage according to the Product Liability Act, but only for other damage if it has been caused by wilful or grossly negligent conduct by SYNMONDIS or its vicarious agents. For the rest, the liability of SYNMONDIS for compensation claims, irrespective of their legal basis, is restricted pursuant to the following provisions:
SYNMONDIS is only liable for damage caused in a slightly negligent manner if they are based on the breach of obligations fundamental to the contract (cardinal obligations). Cardinal obligations are contractual obligations whose fulfilment make the proper implementation of the contract possible in the first place and in whose compliance the client can trust. If SYNMONDIS is liable according to these provisions for simple negligence, the liability of SYNMONDIS is restricted to the typically foreseeable damage.
SYNMONDIS is not liable for damage that occurs through the disruption of its operations (e.g. bomb threat), in particular as the result of force majeure, insurrection, war and natural events or by other incidents for which it is not responsible (e.g. strike, lock-out, disruption to traffic, instructions from higher authority at home or abroad). These restrictions in liability do not apply towards consumers pursuant to the Consumer Protection Act (KSchG).
The information provided on the website www.synmondis.net is carefully checked and regularly updated by SYNMONDIS. However, no guarantee can be assumed that all information is complete, correct and up-to-date at all times. This applies in particular for the economic offers and economic requests drawn up on the basis of the data communicated.
SYNMONDIS makes reference on its website to other sites on the Internet via links. These pages were checked before the link was placed; no breaches of the law were discernible. However, SYNMONDIS does not have any influence whatsoever on the design and the content of the linked pages and explicitly distances itself from all content of the linked sites of third parties. This declaration applies for all displayed links and for all content of the pages that are linked.
SYNMONDIS cannot assume any guarantee that software supplied can be used pursuant to the contract or that it works with other programs or hardware of the user and/or, due to the known unreliability of the Internet, that the data are transmitted in full, displayed correctly and transported in a timely manner.
In the event of domains being registered for the user, the respectively valid general terms and conditions of business of the respective registration authority apply in subsidiary form. In Austria, this is nic.at Internetverwaltungs- und Betriebs GmbH (http://www.nic.at/agb).
The contractual partner is not entitled to reproduce or change the software, databases, etc. or to forward them to third parties, except copies for archive and data back-up purposes - if all copyright and ownership notices remain unchanged.
10. Remuneration/Retention of performance
The prices and products for the individual SYNMONDIS services are based on the prices and the products offered at the time when the contract is awarded. The price comprises the contract value, if applicable shipment costs and the valid statutory VAT. The current price list and the products offered can be found on our website www.synmondis.net. In the event of an automatic extension of the contractual term, the remuneration for the additional contractual term arising from the extension is determined in each case according to the price list of the products that is valid for the customer two weeks before the period in time when the contract is extended.
The date on the order form / contract is decisive for the start of the contract. If the order form is not received until the following month, the start date changes accordingly to the month when the agreement is communicated. This does not affect the start of offsetting.
In the direct debit procedure, SYNMONDIS will not collect the invoice amount from the agreed account (= due date) before the second day after receipt of the invoice (= pre-notification). Payments against invoice are due immediately on receipt of the invoice. The statutory interest will be charged in the event of arrears in payment or deferral of payment. In the event of arrears in payment, SYNMONDIS reserves the right to retain its own contractual performance until the arrears has ended. Costs that are incurred by SYNMONDIS as the result of the collection of receivables or returned debits will be charged on to the customer.
Termination must be done in writing (by letter) to:
FAO Mr. Harald Kraus
12. Right of withdrawal
(1) If the customer is a consumer, the corresponding provisions of Section 1 of the Distance and Non-Face-To-Face Transaction Act ("Fern- und Auswärtsgeschäfte-Gesetz"; FAGG) are applicable to customer contracts that have been concluded by means of distance selling or outside of the business premises of SYNMONDIS. The customer may withdraw from a contract concluded by distance selling within 14 days without giving grounds. However, the possibility of withdrawal does not exist with services if SYNMONDIS, on the basis of an explicit request from the consumer and a confirmation from the consumer regarding the latter's knowledge of the loss of the right of withdrawal in the event of complete fulfilment of the contract, had commenced its implementation before the expiry of the period for withdrawal and the service is then provided in full. It is sufficient if the declaration of withdrawal is sent within the stipulated period of time (Section 13 of the Distance and Non-Face-To-Face Transaction Act ("Fern- und Auswärtsgeschäfte-Gesetz"; FAGG)).
(2) The period for withdrawal commences:
(a) in the cases of service contracts on the day when the contract is concluded;
(b) in the case of purchase contracts and other contracts aligned to the purchase of goods for a fee
• with the day on which the consumer or a third party named by the consumer who is not active as a carrier acquires possession of the goods,
• if the consumer has ordered several goods within the framework of a single order that are delivered separately with the day on which the consumer or a third party named by the consumer who is not active as a carrier acquires possession of the goods delivered last,
• in the event of delivery of goods in several partial consignments with the day on which the consumer or a third party named by the consumer who is not active as a carrier acquires possession of the last partial consignment,
• in the case of contracts for the regular delivery of goods over a defined period of time on the day on which the consumer or a third party named by the consumer who is not active as a carrier acquires possession of the goods first delivered.
(3) The declaration of the withdrawal from a long-distance or non-face-to-face transaction is not bound to any particular form. The consumer can use the sample cancellation form pursuant to Appendix I Part B of the Distance and Non-Face-To-Face Transaction Act ("Fern- und Auswärtsgeschäfte-Gesetz"; FAGG).
As a general rule, declarations of withdrawal are to be sent to:
FAO Mr. Harald Kraus
To ensure clear allocation, the customer's declaration of withdrawal should include the e-mail address announced to SYNMONDIS.
(5) If the consumer withdraws from a long-distance or non-face-to-face transaction, SYNMONDIS will reimburse all payments made by the customer, if applicable including the delivery costs, immediately, but at the latest within 14 days from receipt of the declaration of withdrawal. For the repayment, SYNMONDIS will use the same means of payment which the consumer used for the handling of his/her payment; however, the use of another means of payment is permissible if SYNMONDIS has explicitly agreed this with the consumer and the consumer does not incur any costs as a result.
End of the information about the right of cancellation
13. Amendment to the General Terms and Conditions of Business
SYNMONDIS reserves the right to amend these General Terms and Conditions of Business at any time, e.g. due to a change in the legal situation, decisions by the Supreme Court or the market circumstances, whilst complying with an appropriate period of announcement of at least six weeks. The announcement will be done through publication of the amended General Terms and Conditions of Business, indicating the time when they enter into force on the Internet on the website www.synmondis.net. The user will inform himself/herself about ongoing developments on the website. If the user does not object within six weeks after publication, the amended terms and conditions of business are deemed to be accepted. In the announcement of the change, special reference is made to the importance of the six-week deadline.
If the user objects in a timely manner to the amended terms and conditions of business, SYNMONDIS is entitled, whilst preserving the justified interests of the user, to terminate the contract existing with the user at the point in time when the amendment enters into force. Corresponding content of the user will then be deleted in the database. The user cannot file any claims from this against SYNMONDIS.
14. Final provisions
In the event of disputes between the user and SYNMONDIS, solely Austrian law under the exclusion of all material and procedural legal standards that make reference to a different legal system apply. In addition, the regulations of the UN Convention on Contracts for the International Sale of Goods (CISG) are excluded. Side agreements, amendments or supplements to this contract must be made in writing to be valid. The rescission of the written form requirement must also be made in writing to be valid.
The sole place of jurisdiction for disputes arising from or in connection with this contract is Korneuburg, Austria for both parties to the contract if they are businesses. If individual provisions of this contract should be or become invalid, this will not affect the validity of the contract in its entirety. The invalid or unenforceable provision will be replaced by the valid and enforceable regulation whose effects comes closest to the commercial objective that the parties to the contract pursued with the invalid or unenforceable provision. The aforementioned provisions apply accordingly in the event that there should be a gap in the General Terms and Conditions. This does not apply towards consumers pursuant to the Consumer Protection Act (KSchG).
Status: February 2018