FIMA IT GmbH
In der Breite 8
A 6830 Rankweil
www.fimait.com
office@fimait.com
General Terms and Conditions
1. General
1.1. The present General Terms and Conditions apply to all legal transactions between FIMA IT GmbH (hereinafter referred to as "FIMA IT") and the customer, which entrusts FIMA IT with the provision of services and / or FIMA IT IT goods (hardware and / or software) or other merchandise.
1.2. They also apply to all present and future business transactions to the extent that they are not specifically referred to in a single or partial order in the context of existing business relationships.
1.3. The present conditions are valid, unless separate written agreements between FIMA IT and the customer provide otherwise.
2. Conclusion of contract
2.1. The offers of FIMA IT are generally non-binding.
2.2. General terms and conditions of the customer are only recognized by express agreement.
3. Copyright and usage rights
3.1. The copyrights to the agreed deliveries and services (software programs, documentation, etc.) are the property of FIMA IT or its licensors. The right to use the software is limited to the existence of an upright contract with FIMA IT. The software may be used on one or more devices, but only for their own purposes. Any use beyond the contractually agreed or intended use of the FIMA IT Software and any payment or gratuitous provision to third parties is inadmissible. A transfer of the rights of use can only be made with the prior written consent of FIMA IT.
3.2. As far as FIMA IT delivers products whose copyrights are not with her, she will point this out to the customer. The customer is granted the right of use for the duration of the contractual relationship with the provision of the FIMA IT.
3.3. The granted rights of use can be withdrawn by FIMA IT for good cause with immediate effect. An important reason exists if the customer violates the rights of FIMA IT, remains in arrears with due payments despite reminder and setting a reasonable grace period or otherwise violates essential provisions of the contract. In this case, the customer is obliged to delete the software and all copies and is not entitled to a refund of payments made.
3.4. It is not allowed to decompile the application. However, a valid exception is here if the customer wants to use a different version / implementation, a federated library. All other changes to the application are not permitted. FIMA IT assumes no liability for a modified application.
4. Prices, fees and terms of payment
4.1. The current price list of FIMA IT GmbH applies. All prices are - unless otherwise stated - in Euro (€) exclusive of VAT and apply only to this order. Shipping costs, if any, will be charged separately.
4.2. For services such as training courses, seminars, hardware and software installations, etc., the work will be charged at the hourly rates applicable on the day the service is provided or on a flat-rate basis according to an individual agreement.
4.3. The invoices submitted by FIMA IT are due for payment without any deductions immediately after receipt of the invoice. For partial deliveries, FIMA IT is entitled to issue several partial invoices.
4.4. In the event of late payment, FIMA IT is entitled to charge default interest in the amount of 8% per year above the base lending rate. Furthermore, FIMA IT is entitled to suspend work temporarily and to withdraw from the contract after unsuccessful reminder. The customer has reasonable reminder fees and beyond all incurred and for the purpose of legal prosecution necessary dunning and collection expenses and legal costs to replace. After payment delay of more than 6 weeks after invoicing, services that are related to the delivered hardware and software can be set.
4.5. Any objections of the customer to invoices must be made within 2 weeks of receipt in writing or by e-mail to FIMA IT. The omission of objections within this period is considered acknowledgment of the invoice.
4.6. The customer can only set off against claims of FIMA IT with judicially determined or FIMA IT recognized counterclaims.
5. Warranties
5.1. FIMA IT warrants that the Software incorporates the features set forth in the Description and meets the contractually agreed requirements. FIMA IT assumes no warranty for the uninterrupted or faultless operation of the software.
5.2. Defects are to be announced immediately after their appearance. Defects are only to be represented by FIMA IT GmbH as far as reproducible defects are concerned.
5.3. Depending on the seriousness of the complaint, FIMA IT will remedy any defects within an appropriate period by updating it. If FIMA IT can not remedy the defect in an economically justifiable manner within a reasonable period of time, the customer can demand the return of the product against reimbursement of the purchase price. Further claims are excluded.
5.4. Warranty claims are excluded in case of subsequent changes of the software by the customer, manipulation of delivered hardware and in case of faults, malfunctions or damages that are in the sphere of the customer and arise, for example due to improper operation, use of unsuitable data media or changed operating system components.
6. Liability provisions
6.1. FIMA IT is liable for damages, insofar as intent or gross negligence can be proven by FIMA IT within the framework of the statutory provisions. Liability for slight negligence is excluded.
6.2. In any case, the liability is limited in height to the order value.
6.3. Liability for consequential damage (in particular data and program loss as well as consequential medical damage), mere financial loss is excluded, insofar as this is permitted under the general rules of civil law. If such an exclusion is not permitted, the limitation of liability according to AGB 6.2 applies.
6.4. FIMA IT is not liable for the correctness and completeness of the software provided by third parties or their data.
6.5. Insofar as the customer provides FIMA IT data carriers or hardware (USB stick, CD-ROMs, tablets, etc.), these may only be duplicates and not unique. FIMA IT is not liable for the damage or destruction of data carriers due to technical defects or force majeure.
6.6. FIMA IT tries to protect all data in the best possible way by suitable security mechanisms against external access. However, FIMA IT is under no circumstances liable for the proper protection or security of all data collected through the use of FIMA IT software. Especially for sensitive data, which are covered by the Data Protection Act, the customer himself must take appropriate security precautions, which comply with the Data Protection Act.
6.7 Reports created must be checked for correctness by the customer. FIMA IT assumes no liability for incorrect or incomplete reports resulting from errors of any kind.
7. Installation and training
7.1. Unless otherwise expressly agreed, the installation of the hardware and software supplied, as well as the training of the customer and his employees are not included in the scope of the contract. At the request of the customer, FIMA IT may carry out the installations and training for a separate fee.
8. Approval to commercials
8.1. The customer agrees that FIMA IT processes his personal data (name, address, place of residence, e-mail address, telephone number) for marketing purposes. The customer agrees to receive from FIMA IT information and advertising on the products and services offered by FIMA IT to a reasonable extent by mail, telephone, fax and e-mail. The customer can revoke this consent at any time.
9. Privacy
9.1. FIMA IT commits its employees to comply with applicable data protection laws.
9.2 Data transmission and data processing: FIMA IT undertakes to keep confidential the data and processing results provided to it for the fulfillment of its contractual obligations in order to safeguard data protection in accordance with the Data Protection Act, whereby this obligation remains valid even after termination of the contractual relationship. A transfer to third parties is excluded. This data will only be processed by the authorized employee in the shortest possible time and then deleted.
9.3. FIMA IT tries to protect all data in the best possible way by suitable security mechanisms against external access. However, FIMA IT is under no circumstances liable for the proper protection or security of all data collected through the use of FIMA IT software. Especially for sensitive data, which are covered by the Data Protection Act, the customer himself must take appropriate security precautions, which comply with the Data Protection Act.
10. Contract modification
10.1. The valid General Terms and Conditions are published on the internet at www.fimait.com.
10.2. FIMA IT expressly reserves the right to make changes to these terms and conditions. The non-acceptance of these changed terms and conditions entitles FIMA IT to terminate the contract as provided below.
11. Termination
11.1 Ordinary termination
The contract may be terminated in writing by registered letter by either party subject to a notice period of 1 month, at the end of each calendar month (ordinary termination). The date of posting is decisive for the timeliness of termination. The contracting parties are entitled to terminate the entire contract or individual services.
11.1.1 The use of the software can be terminated at any time. If the billing model is based on a credit system, already purchased report credit can no longer be refunded.
11.2 Termination for good cause
11.2.1. Both contracting parties are entitled to immediate termination without setting a grace period, if one of the following conditions occurs for the other contract partner:
11.2.1.1. Bankruptcy proceedings are opened against the assets of the contracting party or the opening of bankruptcy proceedings is rejected for lack of assets to cover costs.
11.2.1.2. The contracting party is in liquidation
11.2.2. The customer is entitled to terminate the contract in addition to the reasons stated above, even if circumstances exist which FIMA IT is responsible for and which obviously make it impossible to fulfill the order by the customer.
11.2.3. Termination shall be notified to the other contracting party by registered letter to the business address entered in the commercial register or to the last known business address.
12. Severability clause
12.1. Should a provision of this contract violate legal provisions or morality, the remaining provisions of the contract remain unaffected. In this case, the contracting parties agree to agree as closely as possible to the economic content of the ineffective provision.
13. Jurisdiction
13.1. The exclusive place of jurisdiction for all disputes arising from the contracts concluded with FIMA IT is 6800 Feldkirch, Austria.
