Subject of the following terms and conditions is the use of an online search engine with the associated software service (Software-as-a-Service) FRUX. FRUX is first and foremost the provision of a search engine and supplementary (online) software and services for result processing and analysis. This software service can be used by customers to search, view, and download company data through the search engine, and to use or download the master data for further processing. Zebra New Media GmbH, Kornstrasse 7A, A-4060 Leonding, FN 393423 p (hereinafter referred to as "Contractor") provides the services described in more detail below solely on the basis of these General Terms and Conditions. The contractor is entitled to change or rewrite the general terms and conditions at any time. The contractor will announce it with a reasonable deadline, enclosing the changes or the new version. The client has the right to object to the change. If he does not object to the changed conditions within one month of the announcement, then these become part of the contract. The client must be informed in advance of the significance of his silence. In the event of a contradiction by the client, the contractor is entitled to terminate the contract at the time when the amended or new terms and conditions come into force.
The contract between the contractor and the client is not yet concluded by the order of the client, but only by the acceptance of the order by the contractor. Sales representatives or sales partners on site are authorized as receiving representatives to accept the order for the contractor. They are not authorized to conclude contracts. The client is bound to his order for 14 days. The contract is concluded when the contractor accepts the order of the client within this period by fax, mail or e-mail and will be closed for an indefinite period. The basis of the contract is the written order according to the order form or the electronic order via the homepage www.getfrux.com. Conflicting or deviating terms and conditions on the part of the client are not recognized. Reservations when placing the order are without object. Deletions, additions and amendments to the contract, as well as in these general terms and conditions are inadmissible and will not become part of the contract.
The contractor grants the client a simple, non-transferable right to use the databases, database works and online services provided. The client is not entitled to rent or sell the address and contact databases of the contractor to third parties. A transfer to affiliated companies or service providers is only permissible if they act as vicarious agents of the client and their possible use in a suitable form is limited spatially and temporally to the corresponding project. For the purpose of use, the client is provided with a secure working environment that can be accessed via the Internet, which can be accessed by entering a login / password combination or via an interface using authorized retrievals. In this work environment, the contractor operates the software and search technology that performs queries according to the client's specifications and configurations individually or regularly, selects and filters the results according to defined criteria, and displays or retrieves the hits in an appropriate form. The scope of the underlying source database, as well as the selection of the connected interfaces, platforms and databases (collectively "sources"), are at the discretion of the contractor. In order to ensure the timeliness and effectiveness of the offer, the contractor reserves the right to expand, modify or supplement the sources at any time. The client can request the current status, suggest sources for supplementation or request their processing status. For technical and legal reasons, however, there is no claim of the client that certain sources are processed. The frequency and extent of retrieval and processing of individual sources, as well as the collection of content in the FRUX search index, is designed to provide the best possible coverage and up-to-dateness and is based on the best knowledge and business practice of the FRUX system. There is no claim to customization of these procedures. The contractor is entitled in individual cases to refuse concrete queries or search orders, if these are not executable or unreasonable for technical or legal reasons. In these cases, the contractor will inform the client in a suitable form. The client can make changes to his search queries or orders via the software itself. The results and results come from a variety of different, constantly changing third-party sources. The contractor therefore owes neither a complete or correct content of the search results nor a correctness of the concrete representation. The contractor expressly does not endorse the contents and statements from the delivered results. The client confirms that he is aware that the delivered results are automatically determined and that due to the mass and speed of the processing, no prior examination by the contractor can take place. The client is aware that results may therefore contain false, infringing, unlawful, offensive or otherwise inappropriate or inappropriate texts, images or works. He will not consider this fact to be a defect and will not claim it, e.g. derive consequential damages against the contractor. Both the training for the operation as well as the consultation by the contractor are not part of the scope of services, insofar as they have not been additionally commissioned. The contractor shall be entitled to withdraw from the contract if the customer has a disproportionate consumption of storage space and / or data transfer, transfer company data and software accesses to third parties without the contractor's consent and to request or request data beyond the usual scope, in particular by automated processes or the client violates the "Netiquette" and the generally accepted standards of network use, as well as unsolicited e-mailing and spamming (mass direct mailing via e-mail). Should complaints be made to the contractor about the client for non-compliance with the netiquette, the contractor is entitled to demand compensation from the client for the damage caused by the processing of the complaint (personnel and material expenses).
All prices are in euros plus the value added tax applicable at the due date, from the place of business of the contractor. The first invoice is made upon activation of the access (start of service provision). The current fees are collected monthly by direct debit. Unless otherwise agreed, invoices are payable within 7 days without deductions. In case of late payment default interest of 12% p.a. from the 8th day as agreed. The contractor is entitled to deactivate access in case of late payment of more than 4 weeks. Further claims of the contractor towards the client remain unaffected. Installment agreements or deferments must be made in writing. The client is not entitled to offset against claims of the contractor. The client is not entitled to withhold payments. In the event of incomplete or timely payment of invoices, loss of date occurs. In the event of default, a grace period of 14 days is set with simultaneous threat of loss of time. The judicial assertion replaces a reminder under threat of loss of date. The contractor may assert the entire claim at any time (including in court), even after receipt of installments or other partial services, after the date of the loss of the appointment, without the customer having to be reminded again or the deadline lost again. If the conditions for the above-mentioned due date are met, the contractor is entitled to suspend his own performance until all due claims have been settled. The client undertakes to bear all costs and expenses associated with the collection of the claim, in particular collection charges or other costs necessary for an appropriate legal prosecution. Upon the opening of insolvency proceedings of the client and non-entry of the liquidator, the entire fee is due until the end of the notice period as compensation. Upfront payments will not be refunded.
The contractor endeavors to ensure the greatest possible availability and data security of the search engine with the associated FRUX software. The fact that stored data is preserved under all circumstances and / or uninterrupted availability of the search engine can not be guaranteed for technical reasons. This applies in particular in the case of line faults and during regular maintenance. In the event of a loss of use that is not based on deliberate or grossly negligent conduct of the contractor, the customer has neither the right to change, reduction or termination nor any claim for damages. The contractor will take all technically possible measures to protect the data stored on her. However, the contractor is not liable if third parties unlawfully bring these data into their power of disposition and reuse them. The assertion of damages of the principal or third parties against the contractor from such a context is excluded.
The limitation period for warranty claims is four months from the conclusion of the contract. The customer must notify the customer in writing immediately after discovery, at the latest after two weeks. Should the rectification of the defect be possible, it will be carried out by the contractor within a reasonable period of time, whereby the client must provide all measures necessary for the investigation and correction of the defect. The reversal of the burden of proof, ie the contractor's obligation to prove his innocence of the defect, is excluded. The contractor accepts no liability for the suitability of the search engine or the software for the purpose intended by the client. The contractor is not obliged to answer questions regarding the operation and functionality of the software.
The contractor is not liable for disruptions or delays in the transmission of data over the Internet, which she is not responsible for. In addition, the contractor is not liable for damages resulting from the fact that the documents produced were not sent properly by e-mail / fax / post / SMS, as such a delivery is outside the responsibility of the contractor and the contractor is not responsible Has. For damages, in particular data losses or incorrect calculations on the part of the contractor, due to errors in the software or other errors in the sphere of influence of the contractor, the contractor is only liable for damages if gross negligence or intent is the responsibility. This indemnity does not apply to claims for damages arising from the Product Liability Act, for injury to life, body or health, and in cases in which the Contractor is guilty of neglecting such obligations as a result of ordinary negligence, the fulfillment of which is the proper conduct of the contract First allow contract (so-called cardinal obligations). In the latter case, the liability is limited to the amount of the last annual remuneration of the client in the case of contract-type, unforeseeable damages. The replacement of consequential damages and financial losses, unrealized savings, interest losses and damages from claims of third parties against the contractor is in any case, as far as permitted by law, excluded. Claims for damages against the contractor must be asserted in court in the event of other loss within one year after becoming aware of the damage and the tortfeasor. The client undertakes to comply with the relevant legal provisions when using the services offered by the contractor. The contractor reserves the right to its clients, the transport of data or services that are contrary to laws, international conventions or morality, but is not obliged to do so.
The customer is aware of and agrees that the personal data required to process the order will be stored by the contractor on data carriers. The contractual partner expressly agrees to the collection, processing and use of his personal data. The contractor commits its employees to comply with the provisions of the Federal Act on the Protection of Personal Data (DSG), in particular data security and data secrecy.
Insofar as the contractor comes into contact with third party data as a result of the software being used by the client, the client assures that he has obtained the necessary consent of the respective third party and is entitled to pass on his / her data. The client hereby exempts the contractor from all claims of third parties, which assert these against the contractor from the violation of their rights in this regard. The indemnification extends to the costs incurred in the necessary defense of rights against third parties. The client undertakes to use the contact data / company data obtained through the search engine only to the extent permitted by law and only for the purpose intended by the offer. Any other use is only permitted if the client has previously explicitly obtained the necessary consent of the recipient (for example by "double-opt-in"). The contractor must inform the client that the general provision of contact data does not entail such consent. In that regard, the client is responsible for the legal permissibility of further use, in particular under data protection and competition law aspects. It is not owed by the contractor that the data supplied are suitable for a purpose intended by the customer. The contractor undertakes to inform himself about the origin of the data and to name FRUX as the source of the data. If the client provides the contractor with its own company, contact or address data (eg for the purpose of updating or enriching the address), it hereby grants the contractor a simple right of use, unlimited in terms of time and space, to process, duplicate and communicate this data to reconcile your own data. The client is aware that this "data comparison" can be a prerequisite for the contractual functioning of certain services of the FRUX software.
Monthly contracts: Monthly FRUX contracts are automatically renewed for one month each. Monthly FRUX contracts can be terminated at any time at the end of the contract by both parties with a notice period of one month.
Annual contracts: Annual FRUX contracts are automatically renewed for one year each. Annual FRUX contracts can be terminated by either party at any time at the end of the contract subject to a notice period of one month. The contractor is entitled to increase the fees at most once per calendar half-year. The price increase requires the consent of the client. The consent shall be deemed granted if the client does not object to the price increase within four weeks after receipt of the notification of change. The contractor specifically informs the client about the consequences of a failure to object with the notice of change.
Additional agreements, changes and additions must be made in writing in order to be effective. The invalidity of individual provisions of these terms and conditions does not affect the validity of the remaining provisions. The invalid provision is replaced by a valid provision, the first of which is legally and economically closest to its purpose and purpose.
Unless otherwise agreed, the statutory provisions applicable between registered traders apply exclusively in accordance with Austrian law, even if the order is carried out abroad. For any disputes, only the local jurisdiction of the relevant court for the place of business of the contractor is agreed. For sale to consumers within the meaning of the Consumer Protection Act, the above provisions only apply to the extent that the Consumer Protection Act does not mandate other provisions.
All terms and conditions in English are excluded from any guarantees concerning accuracy and/or possible liabilities and are subject to the original, legally binding german language version.