Terms and Conditions (GTC)
§ 1. General
For the business relationship regarding the web application "winedatabaseAPP" between MAG. ZEHETLEITNER GmbH, FN 283344h, Saikogasse 5a, 1220 Vienna (Austria), hereinafter referred to as winedatabaseAPP and the contractual partner, the following general terms and conditions (hereinafter "GTC") apply exclusively in the version valid at the time of the order.
These terms and conditions apply to all current and future services, even if they have not been expressly agreed again. Any contractual terms of the contractual partner that contradict these GTC are ineffective. weinbankAPP reserves the right to change these terms and conditions at any time and without prior notice.
General Terms and Conditions of MAG. ZEHETLEITNER GmbH for using the web application "winedatabaseAPP"
Last change: 04.03.2023
§ 2. Subject of the contract
The subject of the contract is the web application winedatabaseAPP in the current version. The range of functions corresponds to the current service description and the current price list.
Provision of the web application on the winedatabaseAPP infrastructure as Software-as-a-Service (SaaS). The web application is made available to the contractual partner for use on the infrastructure of winedatabaseAPP. In this case, the hosting and the associated services are the subject of the contract.
Therefore, the web application is hosted on the winedatabaseAPP server and winedatabaseAPP takes care of the ongoing maintenance, data backup, etc. as well as the installation of error fixes and updates. All error correction fixes and updates within the scope of the contract are made available to the contractual partner and installed and configured by weinbankAPP in their application environment.
Contract term
The contractual relationship begins with the signing of the contract or with the transfer of the prescribed annual fee and is concluded for 12 months. The contractual relationship ends when the subscription period expires and can be extended to a further 12 months by transferring the current annual fee.
Performance change
weinbankAPP can change the services and functionality of the web application at any time in a way that is reasonable for the contractual partner. A change is particularly reasonable if it is necessary for an important reason.
Compensation
The ongoing subscription fees are due annually in advance before the start of the subscription period.
If the winedatabaseAPP provides services not expressly mentioned in this contract, such as programming services or support services, the services provided will be charged separately according to the current hourly rate. The payment for these individual services is due immediately after receipt of the invoice.
In the event of a contract termination - regardless of the reason - or in the event of insolvency of winedatabaseAPP, the contractual partner will be provided with a database export of all his data and the data on the winedatabaseAPP server will be deleted.
§ 3. Data protection
The winedatabaseAPP pays the utmost attention to compliance with data protection regulations and data security and bases this contract on the data protection law in the currently valid version. Above all, the customer's sensitive data is protected as best as possible due to the high security standards of the hardware and software and the associated processes.
Further information on this can be found in the data protection declaration.
Data encryption
All processed data is stored and secured in a certified database. If expressly commissioned by the contractual partner, the data can be transmitted in encrypted form. In this case, the processed data is protected from unauthorized access with secure socket layer encryption (128/256-bit permanent SSL encryption).
The winedatabaseAPP keeps the data of the contractual partners locked under the highest security precautions. The contractual partner can access their data with a secure 256-bit SSL encrypted login and view and edit them at any time.
§ 4. Warranty
The winedatabaseAPP guarantees that all state-of-the-art services are free of defects and usable at the time of provision, without meeting all conceivable application conditions. The decision on the type of technical implementation is the sole responsibility of weinbankAPP, any other implementation options do not constitute defects.
The warranty is excluded for errors, disruptions or damage caused by improper operation, faulty installation, modified operating system components, interfaces or parameters, changes to the content management system, use of unsuitable organizational means and data carriers, if such are prescribed, abnormal operating conditions and changes, made by the contractual partner himself or by third parties.
The warranty period is 6 months. In the event of defects, the contractual partner must notify weinbankAPP of the defects in writing without delay. The contractual partner is obliged to support winedatabaseAPP in remedying the defects free of charge and, in particular, to provide it with all the necessary documents, data, etc. that are necessary for the analysis and remedy of the defects. If the contractual partner violates his obligation to give notice of defects or his obligation to cooperate in rectifying the defect, the contractual partner loses his claims against winedatabaseAPP.
§ 5. Damages
The use of the services provided by the winedatabaseAPP is at contractual partner’s own risk. weinbankAPP assumes no liability for direct or indirect damage as a result of technical problems, server failure, data loss, transmission errors, data insecurity or other reasons, unless liability is mandatory due to intent. winedatabaseAPP is not liable for lost profits and consequential damages.
Liability claims against winedatabaseAPP relating to material or immaterial damage caused by the use or non-use of the information provided or by incorrect or incomplete information are limited to gross negligence and intent. Liability for slight negligence is expressly excluded. The damage that has actually occurred must be proven by the contractual partner. The obligation to compensate does not include the cost of recovering lost data. The liability of winedatabaseAPP is limited to a maximum amount of € 1,000.00 per case of damage.
§ 6. Rights of use
In the case of installation, winedatabaseAPP grants the contractual partner the unlimited right to use the winedatabaseAPP web application, otherwise the right is limited to the contract term, against payment, non-exclusive, non-transferable, non-sub-licensable.
Beyond the purposes of this contract, the contractual partner is not entitled to use the web application winedatabaseAPP as his own data, to copy it, to download it or to make it accessible to third parties outside the agreed group of users. If the contractual partner makes the software accessible to third parties, the contractual partner is liable in addition to the third party winedatabaseAPP for the damage caused as a result, in particular for the loss of profit.
winedatabaseAPP is entitled to all copyrights and patent rights, in particular the distribution, reproduction and editing rights to the services provided (programs, documentation, designs, etc.).
The copyrights and patent rights, in particular the distribution, reproduction and editing rights, remain with winedatabaseAPP. However, the contractual partner is entitled to further develop the application and the source code at its own expense for its own use.
§ 7. Final Provisions
Austrian law applies exclusively to the contractual relationships between the contracting parties, to the exclusion of the UN Sales Convention. Place of jurisdiction is 1220 Vienna. Contract and negotiation language is German. All ancillary agreements and arrangements must be in writing. This also applies to the omission of the written form. Verbal collateral agreements do not exist.
Should individual provisions of these terms and conditions be ineffective, the contract will remain in effect. The effectiveness of all other provisions remains unaffected. The ineffective regulation is to be replaced by a regulation that comes as close as possible to the purpose of the ineffective regulation.