General Terms and Conditions

General terms and conditions of business and licenses

We perform sales, services, and deliveries exclusively under the following conditions:

1. contractual relationship

Information in our price lists, catalogs, advertisements, promotional materials, Internet pages and view or selection mailings are always subject to change. We expressly reserve the right to change the information contained therein at any time. If you send us an order, this is merely an offer to conclude a contract. Orders that you send us via our Internet pages shall be deemed to have been placed at the time we receive the electronic order message.

2. prices

Only the prices stated in our order confirmation shall apply. Orders which we accept by immediate delivery without prior order confirmation shall be executed at our list prices valid on the date of the order. Unless otherwise stated, all prices are net prices exclusive of the statutory value added tax and exclusive of all expenses incurred in connection with the shipment.

3. terms of payment

Unless otherwise agreed, our invoices are due for payment immediately upon receipt without deduction. In case of agreed delivery against cash on delivery, the goods will be handed over to the customer only after full payment of the invoice amount. Payments are to be made to the account specified in our invoices. Payments shall only be deemed to have been effected upon their receipt in our account. If the payment deadline is exceeded, we charge 12% interest on arrears.

A set-off of a counterclaim asserted by you against our claims is excluded, unless this counterclaim has been established by a court or acknowledged by us in writing.

In the event of default in payment, we shall be entitled to claim the costs for our dunning expenses (maximum Euro 11.55 per dunning letter), the additional account management or record-keeping expenses incurred of at least Euro 14.90 and a maximum of Euro 49.90, as well as the dunning and collection charges for the collection agencies and lawyers engaged by us which are necessary for the appropriate prosecution.

In the case of collection agencies, these shall be based on the statutory calculation rates of the collection agencies, and in the case of lawyers, on the lawyer’s tariff.

4. reservation of proprietary rights

Our deliveries are always made under the express reservation of our ownership of the delivered goods until full payment. Before full payment of our invoice, you are prohibited from pledging the goods, assigning them by way of security or granting third parties any other rights to them. You must notify us immediately in writing of any enforcement measures and other third party access to the goods subject to our retention of title that may affect our legal position.

5. software licenses

When purchasing our software, a license agreement is concluded in accordance with the following terms and conditions:

The license agreement entitles you to programmatic use of the licensed material within the Republic of Austria for the term of your software or Oneremind contract concluded with Oneremind Software. The right of use is not exclusive. It can only be transferred under simultaneous assumption of the maintenance contract and timely notification of Oneremind Software prior to the transfer process. In doing so, the transferee must submit to the provisions regarding the contractual use of the transferred software. Any other transfer is invalid. The use of the subject of the license is only permitted for your company. Transfer to third parties or duplication is not permitted.

You agree to purchase the operating systems or network software necessary for the operation of our software. These are not subject of this contract.

More recent program versions will be made available to you for download via the Internet if required.

You agree to always use the latest published version of the license program and to purchase the operating system necessary to use the latest published version of the subject of the license.

6. network licenses

All our products are protected by copyright. With the license agreement you acquire the right to install a product on a client workstation. Copying a product or installing it on multiple workstations or in a network is only permitted with the purchase of additional workstation or network licenses.

7. warranty and liability

We do not warrant that program functions will meet your requirements or will work together as selected by you. It is in the nature of things that no guarantee can be given that the programs will run uninterrupted or error-free, or that all program errors can be eliminated as part of the program service.

We are liable for damages only in cases of gross negligence and intent. In any case, liability for consequential and pecuniary damages, in particular due to delay, impossibility of performance, loss of profit, expected but not realized savings, damages from third party claims against you, indirect damages as well as damages to the recorded data, is excluded to the extent permitted by law.

The benefits for all damages are in any case limited to three times the annual compensation to be paid to Oneremind by the contractual partner in relation to the entirety of the injured parties. In addition, liability for damages caused by actions of the contractual partner is excluded in its entirety.

8. license, maintenance and hotline fee

The license fee is a one-time fee that is due upon purchase of the program. We take over the program maintenance, for which a special maintenance fee is to be paid. This program maintenance includes necessary adaptations due to legal changes.

9. trainings

The training of the purchased software will be charged separately. The hourly rate valid at the time shall apply. For on-site training, travel time and mileage will be charged. Under no circumstances can we provide training for the operating system or network software used.

10. Duration and termination

Upon termination of the license agreement, you are obligated to return all license material provided by us (programs, data carriers and brochures) to us within 10 days after the end of the agreement and to delete any existing copies or installations on your computers.

We are entitled to discontinue the maintenance of individual programs or to terminate license agreements, whereby we are obligated to notify you here of at least six months prior to discontinuation of the maintenance service or termination of the individual software.

In the event that you are in arrears with the payment of license and/or maintenance fees for more than three months despite a reminder, we are entitled to refrain from measures and/or updates necessary for the operation of the software for a period of up to six months, or to terminate the license and/or maintenance agreement with immediate effect.

Your right to use the subject of the license shall also expire without termination if you violate any provision of this agreement.

11. data protection

Oneremind Software will store and automatically process personal and agency data of the customer and delete it upon termination of the contractual relationship, unless further storage is necessary for Oneremind to fulfill legal obligations.

You allow us to include your name or company in a reference list.

Oneremind Software and its employees are subject to the confidentiality obligations of the Data Protection Act.

You acknowledge that Oneremind is not obligated or authorized to store or keep content data for the customer for an indefinite period of time.

12. Place of Jurisdiction, Miscellaneous

  1. The place of jurisdiction for all disputes arising in connection with the business relationship is Vienna.
  2. The invalidity of individual provisions shall not affect the validity of the remaining terms and conditions.
  3. The fact that we do not exercise any or all of the rights to which we are entitled hereunder shall not be construed as a waiver of such rights.
  4. We may make changes to these General Terms and Conditions of Business and Licensing, as well as to special conditions or service descriptions for individual services and products, and such changes shall also be effective for existing contractual relationships. The current versions of these terms and conditions are available on our website and will be sent to you upon request.
  5. The place of performance for both parties is Vienna.
  6. We would like to point out that we process and store your order data with the aid of automated systems. You expressly agree to the inclusion of your data in our customer file and declare that you agree to receive customer information until revoked.
  7. For sales to consumers within the meaning of the Consumer Protection Act, the above provisions apply only insofar as the Consumer Protection Act does not provide for mandatory other provisions.