Terms & Conditions
The German version of these Terms of Use is the legally binding document. Translations of these terms are provided for convenience only and do not hold legal authority. In case of any discrepancies between the German version and translated versions, the German version will take precedence.
PART A: General Part
1 General - Scope of Application
1.1 The following General Terms and Conditions (GTC) apply to all business relations between the customer and the digital agencyjogri e.U. (Sandegg 39, 6068 Mils) hereinafter referred to as "us."
1.2 The following specific provisions in Parts B, C, and D apply additionally and, in case of contradictions, take precedence over Part A - General Part for the specific conditions mentioned therein for programming of individual programs, configuration of software, as well as installation of software and hardware (Part B), special conditions for operator services in information technology (Part C), special conditions for software support services (Part D), and special conditions for the use of the services of the web app jogr:hub (Part E).
1.3 The GTC apply to all current and future services that we provide to the customer, even if the GTC are not expressly referred to at the time of contract conclusion.
1.4 The version valid at the time of contract conclusion is decisive. Deviations from this and any additional agreements with the customer are only effective if confirmed by us in writing.
1.5 Changes to the GTC will be communicated to the customer and deemed agreed upon if the customer does not object to the amended GTC in writing within 14 days; the significance of silence as well as the specific amended clauses will be expressly pointed out to the customer in the communication. This approval fiction does not apply to changes in essential service content and fees.
1.6 Should individual provisions of these GTC be or become invalid, this does not affect the validity of the remaining provisions and contracts concluded on the basis of these provisions. The contracting parties will work together in a spirit of partnership to find a solution that comes as close as possible to the invalid provisions.
1.7 The General Terms and Conditions are available for download at https://jogri.at/agb.
2 Conclusion of Contract
2.1 All orders and agreements are only legally binding if they are signed by us in writing and in compliance with the company's regulations, and only obligate to the extent indicated in the order confirmation. The customer's terms of purchase are hereby excluded for the specific transaction and the entire business relationship.
2.2 Any terms and conditions of the customer, even if known, will not be accepted unless expressly and in writing agreed otherwise on a case-by-case basis. We expressly object to the customer's GTC. There is no need for any further objection by us to the customer's GTC.
2.3 All our information, in particular about services and other products in presentations, websites, handouts, or other documents in analog and/or digital form, is only binding if agreed upon contractually. Information automatically loses its validity as soon as a more recent version is provided to the customer digitally or in analog form.
2.4 Our offers are subject to change and non-binding. Technical and other changes remain reserved within reasonable limits.
3 Service Descriptions and Concepts
3.1 All service descriptions, concepts, quotations, cost estimates, specifications, obligations, specifications, and other similar documents with technical descriptions are subject to the protection of the Copyright Act in their linguistic and graphic parts, to the extent that they reach a certain level of creativity. The customer is not permitted to use, edit, or make accessible to third parties these parts without our consent, due to the Copyright Act.
3.2 The potential customer undertakes to refrain from economically exploiting or having third parties exploit or use the creative ideas presented by us within the scope of a concept outside the corrective of a main contract to be concluded later.
4 Prices and Payment Terms
4.1 All prices are in Euros without value-added tax. They apply only to the current order.
4.2 For all services, the work will be invoiced at the rates valid on the day of service provision. Deviations from the time required underlying the contract price, which are not attributable to us, will be charged based on the actual time incurred.
4.3 The right to make price adjustments also applies in the event of concluded framework agreements with agreed prices after a minimum term of the framework agreement of 2 years.
4.4 Our invoices including value-added tax are payable without any deductions and free of charges within 14 days of receipt of the invoice. The payment conditions specified for the entire order also apply to partial invoices.
4.5 For orders that include multiple units (e.g., training, implementations in partial steps, etc.), we are entitled to invoice after the delivery of each individual unit or service.
4.6 Compliance with the agreed payment deadlines is a material condition for the performance of the delivery or contract fulfillment by us. Failure to meet the agreed payments entitles us to suspend ongoing work and withdraw from the contract. The customer shall bear all associated costs as well as loss of profit.
4.7 In case of payment default, default interest will be charged at the customary bank rate. In the event of non-compliance with two installments in the case of partial payments, the contractor is entitled to declare the loss of the deadline and make the handed over acceptances due.
4.8 The customer is not entitled to withhold payments due to incomplete total delivery, guarantee or warranty claims, or complaints.
4.9 The invoice will be sent by email as an attachment. Upon customer's request, the invoice can also be sent in paper form. In this case, we are entitled to charge a reasonable processing fee.
5 Usage Rights
5.1 All of our services, including those from presentations, even individual parts thereof, remain our property, as well as the individual workpieces and original drafts, and can be reclaimed by us at any time, especially upon termination of the contractual relationship. By paying the fee, the customer acquires the right to use for the agreed purpose. The acquisition of usage and exploitation rights to our services always requires the complete payment of the fees invoiced by us for this purpose. If the customer uses our services before this point, this use is based on a revocable loan relationship.
5.2 Changes or edits to our services, particularly their further development by the customer or by third parties acting on behalf of the customer, are only permitted with our explicit consent and, to the extent that the services are protected by copyright, that of the author. The release of all so-called "open files" is explicitly not part of the contract. We are not obliged to release them. That is, without a contractual assignment of usage rights, including for "electronic works," the customer has no legal claim to them.
5.3 For the use of our services beyond the originally agreed purpose and scope of use, our consent is required, regardless of whether this service is protected by copyright. A separate and appropriate remuneration is due to us and the author for this.
5.4 The customer is liable to us for any unauthorized use at twice the appropriate fee for this use.
6 Identification
6.1 We are entitled to refer to ourselves on all advertising materials and in all advertising measures, and possibly to the author, without the customer being entitled to a claim for remuneration.
6.2 Subject to the customer's revocation in writing at any time, we are entitled to refer to the existing or former business relationship with the customer by name and company logo on our advertising media and, in particular, on our website (reference notice).
7 Subcontractors
7.1 We are at our discretion entitled to perform the service ourselves, to use knowledgeable third parties as agents for the provision of contractual services, and/or to substitute such services ("third-party services").
7.2 The commissioning of third parties within the scope of third-party services is carried out either in our own name or in the customer's name, the latter after prior information to the customer.
7.3 The customer shall assume obligations towards third parties that have been named to the customer and that extend beyond the term of the contract. This expressly applies in the event of termination of the contract for good cause.
8 Customer's Cooperation
8.1 The customer undertakes to support all measures necessary for the provision of our services.
8.2 The customer shall provide all contributions necessary for us to carry out the order at the agreed times and at its own expense, particularly data, information, access data, documents, hardware, hardware environment, and documentation, in the form required by us, and shall assist us upon request in problem analysis and fault rectification, the coordination of processing orders, and the coordination of services. Changes in the work processes at the customer's premises that may cause changes in the services to be provided by us to the customer require prior agreement regarding their technical and commercial implications.
8.3 Unless explicitly included in our scope of services, the customer shall ensure at its own risk and expense a network connection.
8.4 The customer is obliged to treat the passwords and log-ins required for using our services confidentially.
8.5 The customer will additionally keep the data and information provided to us in such a way that it can be reconstructed at any time in case of loss or damage.
8.6 The customer will fulfill all cooperation obligations in a timely manner so that we are not impeded in the provision of services.
8.7 The customer is responsible for ensuring that the employees of its affiliated companies involved in the fulfillment of the contract or third parties commissioned by it participate in the fulfillment of the contract accordingly.
8.8 If the customer does not fulfill its cooperation obligations at the agreed times or to the extent provided, the services provided by us will be deemed to have been provided in accordance with the contract despite possible restrictions. Time schedules for the services to be provided by us will be postponed to a reasonable extent. The customer will separately compensate us for any additional expenses and/or costs incurred at the applicable rates.
8.9 Unless otherwise agreed, the customer's provisions and cooperation are provided free of charge.
9 Delivery Date
9.1 We endeavor to adhere to the agreed delivery dates (completion) as accurately as possible.
9.2 The targeted delivery dates can only be met if the customer provides all necessary work and documents fully at the dates specified by us, especially the performance description accepted by them, and fulfills its cooperation obligations to the necessary extent.
9.3 Delivery delays and cost increases resulting from incorrect, incomplete, or subsequently changed information and documents provided are not our responsibility and cannot lead to default on our part. The customer bears any resulting additional costs.
9.4 For orders that are realized in stages, we are entitled to make partial deliveries or submit partial invoices.
10 Right of Withdrawal
10.1 In the event of exceeding an agreed delivery time solely due to our fault or unlawful actions, the customer is entitled to withdraw from the respective order by registered letter if, even within a reasonable grace period, the agreed service is not provided in essential parts, and the customer is not at fault.
10.2 Force majeure, labor disputes, natural disasters, transport blockades, as well as other circumstances beyond our control, release us from the delivery obligation or allow us to reschedule the agreed delivery time.
10.3 Cancellations by the customer are only possible with our written consent. If we agree to the cancellation, we have the right to invoice a cancellation fee amounting to 30% of the not yet invoiced order value of the total project, in addition to the services provided and costs incurred.
11 Warranty
11.1 In the event of justified and timely notice of defects, the customer is entitled to improvement or replacement of the delivery/performance by us. We will remedy the defects within a reasonable period, with the customer enabling us to take all necessary measures for examination and rectification of defects. We are entitled to refuse the improvement of the service if it is impossible or involves a disproportionately high effort for us. In this case, the customer is entitled to the statutory rights of rescission or reduction. In the case of improvement, the customer is responsible for the transmission of the defective (physical) item at their expense.
11.2 It is also the customer's responsibility to check the service for its legal permissibility, in particular, its legal permissibility in terms of competition, trademark, copyright, and administrative law. We are only obliged to conduct a rough examination of legal permissibility. We are not liable in the case of slight negligence or after fulfilling any warning obligation towards the customer for the legal permissibility of content provided or approved by the customer.
11.3 Warranty claims expire six (6) months from handover/acceptance.
11.4 The right of recourse against us pursuant to § 933b (1) AGBG expires one year after delivery/performance. The customer is not entitled to withhold payments due to complaints.
11.5 The presumption of defectiveness according to § 924 ABGB is excluded.
12 Liability
12.1 We are liable to the customer for damages caused by us only in the event of gross negligence. This also applies mutatis mutandis to damages attributable to third parties engaged by us. We are liable without limitation in the event of culpable personal injury.
12.2 Liability for indirect damages, such as lost profits, costs associated with a business interruption, data losses, or claims by third parties, is expressly excluded.
12.3 Claims for damages expire in accordance with statutory provisions, but no later than one year from the knowledge of the damage and the party causing it.
12.4 If we provide the work with the assistance of third parties and warranty and/or liability claims arise against these third parties in this context, we assign these claims to the customer. In this case, the customer will primarily turn to these third parties.
12.5 If data backup is expressly agreed as a service, liability for data loss is not excluded contrary to point 12.2, but limited to the restoration of the data up to a maximum of EUR 10% of the order amount per case of damage, but a maximum of EUR 15,000. Further warranty and compensation claims of the customer, irrespective of their legal basis, are excluded.
12.6 As long as obligations cannot be fulfilled due to force majeure, such as war, terrorism, natural disasters, fire, strike, lockout, embargo, official intervention, failure of power supply, failure of means of transport, failure of telecommunication networks or data lines, changes in laws affecting the services after the conclusion of the contract, or other unavailability of products not being fulfilled in a timely or proper manner, this does not constitute a breach of contract.
12.7 Customer claims for damages expire six months after knowledge of the damage; in any case, however, after three years from our wrongful act. Claims for damages are limited in amount to the net order value.
13 Loyalty
13.1 The contracting parties undertake to mutual loyalty. They will refrain from soliciting and employing, even through third parties, employees who have worked on the realization of the orders of the other contracting party during the term of the contract and 12 months after the termination of the contract. The contracting party violating this obligation is obliged to pay lump-sum damages in the amount of one year's salary of the employee.
14 Confidentiality
14.1 The contractor undertakes to instruct its employees to comply with the provisions of § 6 of the Data Protection Act.
14.2 Each contracting party assures the other that all trade secrets disclosed by the other in connection with this contract and its implementation will be treated as such and not made accessible to third parties, to the extent that they are not generally known or were already known to the recipient without an obligation to maintain confidentiality, or were communicated or handed over to the recipient by a third party without an obligation to maintain confidentiality, or were independently developed by the recipient, or must be disclosed based on a final administrative or judicial decision.
15 Miscellaneous
15.1 Unless otherwise agreed, the statutory provisions applicable to business-to-business transactions apply exclusively under Austrian law, even if the order is carried out abroad. For any disputes, the local jurisdiction of the competent court for our registered office is agreed upon. For sales to consumers within the meaning of the Consumer Protection Act, the above provisions apply only to the extent that the Consumer Protection Act does not mandatorily provide for other provisions.
15.2 In the event of disputes arising from this contract that cannot be resolved amicably, the contracting parties agree to involve mediators registered for extrajudicial resolution of the conflict (ZivMediatG) with a focus on commercial mediation from the list of the Ministry of Justice. If no agreement can be reached on the selection of commercial mediators or on the content, legal action will be initiated no earlier than one month after the negotiations have failed. In the event of a failed or terminated mediation, Austrian law applies in any legal or arbitration proceedings initiated. All necessary expenses incurred as a result of prior mediation, in particular those for legal advice, can be claimed as "pre-trial costs" in a court or arbitration proceeding, in accordance with the agreement.
PART B: Special conditions for programming of custom software, configuration of software, and installation of software and hardware
1 Scope of Services
1.1 The development of individual organizational concepts and programs is based on the type and extent of binding information, documents, and tools provided in full by the customer. This includes practical test data and sufficient testing facilities that the customer provides in a timely manner and at their own expense. If the customer is already working in live operation on the system made available for testing, the responsibility for securing the live data rests with the customer.
1.2 The creation of custom programs is based on the written performance description, which we develop based on the documents and information provided to us by the customer, subject to a cost calculation, or provided by the customer. The customer is responsible for verifying the accuracy and completeness of this performance description and must provide their approval. Subsequent change requests may lead to separate agreements on time and price.
1.3 If it turns out during the course of the work that the execution of the order according to the performance description is actually or legally impossible, we are obliged to notify the customer immediately. If the customer does not change the performance description accordingly or does not create the conditions for execution to become possible, we may refuse to carry out the work. If the impossibility of execution is a result of the customer's negligence or a subsequent change in the performance description by the customer, we are entitled to withdraw from the contract. The customer must reimburse us for the costs and expenses incurred for our activities up to that point, as well as any dismantling costs.
1.4 Shipment of program media, documentation, and performance descriptions is at the customer's expense and risk. Training and explanations requested by the customer are billed separately. Insurance is provided only at the customer's request.
1.5 We expressly point out that an accessible design (of websites) within the meaning of the Federal Disability Equality Act ("Bundes-Behindertengleichstellungsgesetz – BGStG") is not included in the offer unless separately or individually requested by the customer. If the accessible design has not been agreed upon, it is the customer's responsibility to verify the compliance of the performance with the Federal Disability Equality Act. The customer is also responsible for verifying the legal permissibility of the content provided by them, particularly in terms of competition, trademark, copyright, and administrative law. We are not liable for the legal permissibility of the content if it was provided by the customer, in the case of slight negligence or after fulfilling any duty to warn the customer.
1.6 At the time of acceptance of the services, websites, web apps, and Progressive Web Apps (PWA) support the latest stable versions of the popular browsers Google Chrome, Apple Safari, Mozilla Firefox, and Microsoft Edge. Compatibility for other browsers is not guaranteed and can be commissioned as an additional service upon the customer's request.
2 Acceptance
2.1 Custom-developed software or program adaptations require a program acceptance for the respective software package no later than four weeks after delivery by the customer. This is confirmed in a protocol by the customer. If the customer allows four weeks to pass without accepting the program, the delivered software is considered accepted at the end of this period. If the software is used in live operation by the customer, the software is considered accepted in any case.
2.2 Any defects, i.e., deviations from the agreed performance description, must be reported to us by the customer with sufficient documentation, and we will make every effort for prompt defect rectification. If significant defects are reported in writing, meaning that live operation cannot be started or continued, a re-acceptance is required after the defects have been rectified.
2.3 The customer is not entitled to reject the acceptance of the software due to minor defects.
2.4 If there is a service contract, acceptance is not required. In this case, billing is done monthly on a time and material basis through corresponding proofs to be signed by the customer.
3 Copyright and Use
3.1 If software products are provided to the customer by us or if the customer is enabled to use software products as part of the services, the customer is granted a non-exclusive, non-transferable, non-sublicensable right to use the software products in their original form for the duration of the contract.
3.2 Unless otherwise agreed, no further rights to software products are transferred to the customer. The customer's rights under Sections 40(d) and 40(e) of the Copyright Act are not affected.
3.3 All documents provided to the customer by us, particularly the documentation for software products, must not be reproduced or distributed in any way, whether for a fee or free of charge.
3.4 The customer does not acquire any rights beyond the use defined in the contract through their involvement in the creation of the software. Any infringement of our copyrights gives rise to claims for damages, with full satisfaction being required in such cases.
3.5 The customer is permitted to make copies for archiving and data backup purposes on the condition that there is no explicit prohibition by the licensor or third parties in the software and that all copyright and ownership notices are transferred unchanged in these copies.
3.6 If the disclosure of interfaces is required for the production of interoperability of the software in question, the customer must commission this from us for a fee. If the customer does not comply with this requirement and decompiles the software in accordance with the Copyright Act, the results are to be used exclusively to achieve interoperability. Misuse will result in damages.
4 Warranty, Maintenance, and Changes
4.1 We warrant that the software fulfills the functions described in the corresponding documentation if the software is used in the environment and infrastructure described in the contract.
4.2 Prerequisites for error correction are that the customer adequately describes the error in an error report and that it is identifiable by us; the customer provides us with all the necessary documents for error correction; the customer or a third party attributable to them has not made any changes to the software; the software is operated under the intended operating conditions according to the documentation.
4.3 In the event of a warranty claim, rectification shall take precedence over price reduction or rescission. In the case of justified complaints, the defects will be rectified within a reasonable period, and the customer will enable us to take all necessary measures for examination and defect rectification.
4.4 Corrections and supplements that are necessary until the agreed service is delivered due to organizational and programmatic defects for which we are responsible will be carried out by us free of charge.
4.5 Costs for assistance, misdiagnosis, as well as error and fault rectification, which are attributable to the customer, as well as other corrections, changes, and supplements, will be carried out by us for a fee. This also applies to the rectification of defects if program changes, supplements, or other interventions have been made by the customer themselves or by a third party.
4.6 Furthermore, we do not guarantee any errors, faults, or damages caused by improper operation, changes to operating system components, interfaces and parameters, the use of unsuitable organizational tools and data carriers, deviations from the installation and storage conditions, and transport damage.
4.7 If the subject of the order is the modification or supplementation of existing programs, the warranty applies to the modification or supplementation. The warranty for the original program does not revive as a result.
4.8 We do not provide any warranty for programs that have been.
PART C: Special conditions for it operations services
1 Scope of Services
1.1 The exact scope of the services provided by us is defined in the respective Service Level Agreement (SLA) with the customer. Unless otherwise agreed, we provide the services during our regular business hours as per the SLA. We will ensure the provision and availability of the services according to the respective SLA.
1.2 The basis for the facilities and technology used by us for the provision of our services is the qualitative and quantitative performance requirements of the customer, as determined based on the information provided by the customer. If new customer requirements necessitate a change in the services or the technology used, we will submit a corresponding offer at the customer's request.
1.3 We are authorized to change the facilities used to provide the services at our discretion if there is no expected impairment of the services.
1.4 Services provided by us that are utilized by the customer beyond the agreed scope of services are remunerated by the customer based on the actual personnel and material expenses at our current rates. This includes, in particular, services outside our regular business hours, analysis, and rectification of faults and errors caused by improper handling or operation by the customer or other circumstances not attributable to us. Similarly, training services are generally not included in the services and require a separate agreement.
1.5 If we arrange third-party services at the customer's request, these contracts are concluded exclusively between the customer and the third party according to the respective terms and conditions of the third party. We are only responsible for the services provided by us.
2 Change Requests
2.1 Both contracting parties can demand changes to the scope of services ("Change Request") at any time. However, a requested change must provide a precise description of the change, the reasons for the change, the impact on scheduling, and the costs, in order to enable the recipient of the Change Request to make an appropriate assessment. A Change Request becomes binding only through the valid signature of both contracting parties.
3 Service Disruptions
3.1 We are committed to the contractual provision of services. If we do not provide the services at the specified times or only provide them with significant deviations from the agreed quality standards, we are obligated to promptly begin rectifying the defects and to provide our services properly and free of defects within a reasonable period by repeating the affected services or carrying out necessary remedial work at our discretion.
3.2 If the defectiveness is based on the customer's contributions or cooperation, any obligation for free defect rectification is excluded. In such cases, the services provided by us are deemed to have been rendered in accordance with the contract despite possible limitations. Upon the customer's request, we will undertake paid rectification of the defect.
3.3 The customer will support us in rectifying the defects and provide all necessary information. Any occurred defects must be reported to us immediately via email by the customer. The customer bears the additional costs resulting from delayed reporting in the rectification of errors.
3.4 The provisions of this section apply mutatis mutandis to any deliveries of hardware or software products from us to the customer. The warranty period for such deliveries is 6 months from delivery. Until full payment is made, we retain ownership of all hardware and software products delivered by us.
4 Penalty Clause
4.1 We are obligated to adhere to the fulfillment levels or recovery times specified in the SLA. If we exceed the time limits specified in the SLA for recovery, we are required to pay penalties to the customer per commenced hour of exceeding until actual recovery (fulfillment) as per the SLA:
4.2 The aforementioned penalties per year are limited in amount to 20% of the total annual fee. The assertion of any further claims for damages, except in cases of intent or gross negligence, is excluded.
4.3 Should penalty-relevant exceedances occur, these must be reported to us immediately in writing.
5 Miscellaneous
5.1 The contracting parties designate knowledgeable and competent employees in the contract who can make or initiate the necessary decisions.
5.2 Changes and amendments to the SLA require written form. This also applies to the waiver of this formal requirement.
5.3 Any disposal of the rights or obligations arising from the contract requires the prior written consent of the respective other contracting party. However, we are entitled to transfer the contract to a company affiliated with us under corporate law without the customer's consent.
PART E: Special conditions for the use of our web-app services jogr:hub
1 Scope of Services
1.1 The use of the web app jogr:hub (hereinafter referred to as “Services”) enables customers to take advantage of a variety of services. The main services include:
Content Management System
Customers can manage the websites created by us through our internally programmed content management system, as well as create, edit, and upload content. The created websites are made accessible via the internet.
Mailing System
Customers can manage the websites created by us through our internally programmed content management system, as well as create, edit, and upload content. The created websites are made accessible via the internet.
Statistics Tool
The privacy-oriented web analytics tool “Plausible” allows the customer to track visitor behavior on their websites. It provides meaningful statistics and metrics without collecting personal data.
Booking System
The internally programmed booking system enables customers to handle bookings directly through their website. Bookings can be managed and scheduled in the booking system, and booked appointments can be viewed.
Mail Hosting and Webmail
The customer can manage their email accounts here and enable the composing, reading, and organizing of emails in a web interface.
1.2 We reserve the right to change, supplement, delete, or temporarily or permanently suspend the services or parts thereof at any time.
2 Disclaimer
2.1 We do not guarantee the accuracy, completeness, and timeliness of the information provided in the services.
2.2 We are not liable for damages arising from the use of the services, unless they are due to our gross negligence or intent.
3 Usage Rights
3.1 We grant the customer a non-exclusive and non-transferable right to use the services for the duration of the contract. Any transfer or sharing, in whole or in part, for a fee or free of charge to third parties is expressly prohibited to the customer.
4 Availability
4.1 The customer is allowed to upload texts, images, and other media content to publish them on the customer’s website. The responsibility for this content lies solely with the customer. This includes compliance with data protection, copyright, and other legal provisions. The customer is responsible for ensuring that all content on their websites complies with applicable regulations and does not infringe the rights of third parties. Furthermore, the customer is responsible for obtaining any necessary consents and rights for the use of personal data and copyrighted content. We do not assume any liability for legal violations or damages resulting from the use of unauthorized or unlawful content on the customer’ websites. The customer is solely responsible for the conformity of their content with applicable legal provisions and is liable for any damages resulting from violations of these provisions.
5 Customer Content
5.1 The customer is allowed to upload texts, images, and other media content to publish them on the customer’s website. The responsibility for this content lies solely with the customer. This includes compliance with data protection, copyright, and other legal provisions. The customer is responsible for ensuring that all content on their websites complies with applicable regulations and does not infringe the rights of third parties. Furthermore, the customer is responsible for obtaining any necessary consents and rights for the use of personal data and copyrighted content. We do not assume any liability for legal violations or damages resulting from the use of unauthorized or unlawful content on the customer’s websites. The customer is solely responsible for the conformity of their content with applicable legal provisions and is liable for any damages resulting from violations of these provisions..
6 User Account
6.1 A user account is required for using the services. The customer agrees to provide accurate and complete information and to treat their access data confidentially.
6.2 The customer is solely responsible for all activities that take place using their user account or website. We are not liable for any losses or damages resulting from unauthorized use of the user account, unless they are due to our gross negligence or intent.
6.3 For each user account, the person or organization whose email address is listed with us as the owner of the account is considered the owner.
6.4 The customer can invite other people to their user account to perform activities within the user account. These individuals can perform certain actions on behalf of the customer, make changes to the website, and accept legal provisions, even if not explicitly authorized by the customer.
6.5 The customer is responsible for keeping their login information confidential and granting access to their user account only to trusted individuals.
6.6 The customer undertakes to use the services appropriately and to refrain from abusive and illegal actions.
7 Termination
7.1 Termination by the customer: The customer can request the termination of the use of the services and the termination of their user account and all associated accounts, in accordance with the instructions on the website. The termination becomes effective at the end of the respective billing period.
7.2 Termination by us: We reserve the right to block or terminate the user account and services if the customer violates the terms and conditions or fails to pay due fees. The customer agrees to these blocking and termination rights and acknowledges that we assume no liability for such actions.
7.3 After the termination of the user account or services, we reserve the right to delete all data in the regular course of business. Data cannot be restored after the termination of the user account or services.
8 Data Security, Administrative Rights, and Obligations
8.1 The customer is responsible for regular backups of their data outside of our services. If data is transmitted to us, the customer must regularly create backups. Before any self-initiated or commissioned changes, the customer is obliged to perform a complete data backup. In the event of data loss, the customer is obliged to retransmit or restore the relevant data free of charge.