quetric Software – General Terms and Conditions (GTC)
§ 1 Scope and contractual partners
- These General Terms and Conditions (GTC) apply to all contracts concluded between you as a customer and us as the owner and operator of the quetric software in Austria. As part of the ordering process, you accept the General Terms and Conditions in the version valid at the time the order is placed.
The operator of the quetric software and your contractual partner is:
VAT number: ATU75078229
Email: [email protected]
- Our offer is aimed exclusively at entrepreneurs within the meaning of § 1 of the Commercial Law (UGB) (hereinafter "customer"). At quetric’s request, the customer is obliged to prove that he is an entrepreneur (e.g. by means of a trade license) and to declare that he is only acquiring and using the products in his capacity as an entrepreneur.
- The contract language is German.
§ 2 Subject of the contract and rights of use of the customer
- The subject matter of the contract is the time-limited provision of the software in the current version via the Internet for a fee (hereinafter "Service"). Tenancy law applies to the provision of the software for a limited period. The current service description can be found on the website.
Quetric only undertakes to deliver the functions and properties of the software resulting from the service description. Quetric does not undertake to adapt the service to the individual requirements of the customer. Quetric reserves the right to enhance the software and make improvements if these
- become necessary for technological reasons,
- serve to guarantee data protection,
- serve to comply with applicable law
- serve to improve the scope of service
- The software is hosted on a server infrastructure licensed by quetric. The customer is responsible for the Internet connection between his infrastructure and the data center and the necessary hardware and software (e.g., PC, network connection).
- The obligation of regular backups and backups remains with the customer.
- After successful payment of the agreed amount, the customer receives the non-exclusive and non-transferable right to use the software for the duration of the contract. After the end of the contract, the rights of use expire automatically. In the absence of an explicit agreement, the warranty only applies to the country in which the customer has his place of business (hereinafter "License"). The customer undertakes to use the software as intended only for the internal needs of his own company, but not for affiliated companies in accordance with § 15 et seq. AktG or third parties.
- The customer may not reproduce the software and may not copy or reverse engineer the software in whole or in part by means of "reverse engineering".
- The customer is not entitled to make the software available to third parties for use against payment or free of charge.
- The customer is not entitled to access the source code of the software.
- Quetric reserves the right to create analysis with aggregated data for which customer data and information resulting from the use of the application by the customer and the users ("analysis") are used. The data is used anonymously and aggregated for the analysis so that it is not possible to draw conclusions about individual companies or natural persons. This data is used for software and support improvements or creation of new services and functionalities.
- Quetric is entitled to use the customer's name and company logo as a reference on its own website. This can be revoked in writing by the customer.
- If the valid version of the quetric software contains components from third parties, the rights of third parties to use these components apply. The license terms of the third parties apply to the aforementioned components and the customer's licensor is not quetric. Quetric shall provide Customer with the aforementioned third-party license terms and shall not act as Customer's contractual partner with respect to the third party's usage rights.
§ 3 The conclusion of the contract: offer and acceptance
- Our software on the website does not yet contain a binding sales offer. The offer to conclude a purchase contract is made by you as a customer by clicking on the "Checkout" button after completing the order page. You will receive supporting detailed information directly during the ordering process. As soon as the ordering process has been completed and the payment has been made, you will be notified of this by an information window "Your order has been completed and has been sent to us successfully".
- You are bound to this order for 1 week, i.e., the contract is binding if we accept your order within this period.
- When we have received the order, you will be informed of the receipt of your order via the e-mail address you have provided, which, however, does not yet constitute acceptance of the contract (order confirmation). We will declare acceptance of the contract in a separate email. If we cannot accept your order or the contract does not come about for other reasons, we will of course refund the advance payment immediately.
- Your statutory right of withdrawal remains unaffected by the above provisions.
- The contract is concluded in German. The text of the contract is not stored on our internal systems.
§ 4 Prices and terms of payment
- All prices are net prices and do not include VAT.
- The customer has the choice between monthly, annual, or biennial billing. In the case of monthly billing, the first billing period begins on the day a contract for the paid use of the software is concluded and runs until the end of that calendar month. According to this, the billing periods are based on the following full calendar months. In the case of annual billing, the billing period begins on the day a contract for the paid use of the software is concluded and ends after one year. In the case of biennial billing, the billing period begins on the day a contract for the paid use of the software is concluded and ends after the end of the second year.
- After the minimum term has expired, the contract is extended by the corresponding extension periods of one month, one year or two years depending on the contract concluded (see § 10 termination).
- Payment must be made immediately during the ordering process. We accept the following payment methods/credit cards: purchase on account, bank transfer (payment in advance), Visa, Mastercard, AMEX, ApplePay, Paypal.
- When purchasing on account, the invoice amount is due for payment on the calendar day specified in the invoice (14 calendar days after the invoice date) to the account specified in the invoice.
- In the case of advance transfer, we will inform you of the invoice amount and our bank details in the order confirmation. The invoice amount is due for transfer immediately and must be credited to our account within 5 days at the latest. The conclusion of the contract remains reserved according to § 3 section 3.
- When paying by credit card or electronic payment service, the customer credit card or customer account will be debited once the order process has been successfully completed.
§ 5 Interest on arrears
- Even if the customer is in default of payment, we are entitled to charge default interest of 5% annually; this does not affect claims for reimbursement of proven higher interest in the event of default in payment.
- The dunning procedure is handled by an appropriate company, which is entitled to charge a dunning fee of up to EUR 15.00 per payment reminder as well as other fees, in particular the costs for any debt collection proceedings or for a lawyer commissioned with the collection.
- The assertion of further rights and claims remains unaffected.
- Incoming payments are offset against the oldest debt.
§ 6 Elimination of defects
A deviation of the actual functions of the software from the agreed functional description is considered a defect in the software. Errors and problems do not constitute a defect if:
- the customer uses the software improperly or in an abusive manner, or
- the customer modifies the software without the prior written consent of quetric via his right of use, or
- Problems or errors result from using the software with programs that are incompatible with the software.
- For a material defect, quetric only assumes a warranty for defects insofar as these material defects are proven or reproducible ("material defect").
- Quetric decides at its own discretion whether to remedy the defect after receiving a notice of defect by rectification or by providing the service again.
- A material defect is also corrected if quetric shows the customer reasonable options for avoiding the effects of the defect. The customer is obliged to accept a new software version if the contractual scope of functions is retained.
- In the event of defects in title in the software, quetric can, at its own discretion, provide the customer with a legally flawless opportunity to use the software or exchanged or modified equivalent software. The customer must take over a new version of the software if the contractual scope of functions is retained and the takeover is not unreasonable.
- If the elimination of the defect finally fails after a reasonable period of grace to be set by the customer after quetric has become aware of the defect, and if the use of the software for the customer is completely or significantly restricted, the customer can terminate the contractual relationship without notice. The right to a reduction is limited to the remuneration for the defective part of the service. Setting a deadline for remedying the defect is not necessary if it is unreasonable for the customer or if quetric seriously and finally refuses to remedy the defect. Quetric compensates for damage and futile expenses exclusively within the scope specified in § 8.
§ 7 Information obligations of the customer
- The customer has informed himself about the main functional features of the products and bears the risk of whether these correspond to his wishes and needs
- The customer undertakes not to store any illegal content that violates the law, official requirements, or the rights of third parties on the storage space provided.
- To access the use of the software, the customer himself will generate a username and password that are required for further use of the software. The customer is obliged to keep his username and password secret and not to make them accessible to third parties.
- To investigate possible defects, the customer shall provide quetric with all useful information available to him for troubleshooting and troubleshooting
- The customer hereby grants quetric the right to reproduce the content stored on the server for the purpose of data backup.
§ 8 Liability
In the following cases, quetric is liable for damages according to the statutory limitation periods:
- in the case of intent and gross negligence on the part of quetric,
- in the event of fraudulent concealment of the defect on the part of quetric,
- in the event of personal injury for which quetric is responsible,
- Liability according to § 6 is limited to EUR 20,000 per claim, in total for all claims from the contractual relationship to (i) EUR 50,000.00 or to (ii) the amount of the remuneration paid by the customer for one contractual year, depending on which amount is lower. The limitation of liability is excluded in the cases of § 9 section c.
- Quetric remains at liberty to object that the customer is at fault (e.g., due to a breach of its duty to cooperate). If the customer does not or not completely fulfill his obligation to regularly back up data (§ 2 section 4) and if he suffers damage as a result of a software defect for which quetric is responsible, which would not have occurred in whole or in part if the customer had carried out such a data backup the customer has to offset the lack of data backup when calculating the extent of the compensation in the form of an appropriate contributory negligence share. Furthermore, quetric assumes no liability for damage that occurs if the customer passes on passwords or user IDs to third parties in violation of his obligation under § 7 section 3.
- If the customer suffers damage due to a defect in the free service, quetric is only obliged to pay compensation if the defect was fraudulently concealed by quetric.
§ 9 Data protection
According to the provisions of the GDPR and the Austrian Data Protection Act (DSG), the customer is entitled to the following rights:
- Right to rectification (Article 16 GDPR)
- Right to erasure ("right to be forgotten") (Article 17 GDPR)
- Right to restriction of processing (Article 18 GDPR)
- Right to notification – obligation to notify in connection with rectification or erasure of personal data or restriction of processing (Article 19 GDPR)
- Right to data portability (Article 20 GDPR)
- Right to object (Article 21 GDPR)
- Right not to be subject to a decision based solely on automated processing, including profiling (Article 22 GDPR)
- Personal data that the customer transmits to us electronically on the quetric website, such as name, e-mail address, address or other personal information when submitting a form or comments in the blog, are recorded by quetric together with the time and the IP address are only used for the specified purpose, kept safe and not passed on to third parties. Quetric therefore uses the personal data only for communication with those visitors who expressly request contact and for the processing of the services and products offered on this website. We do not pass on personal data without consent but cannot rule out that this data will be viewed in the event of illegal behavior. If the customer sends us personal data by e-mail - i.e., outside of the quetric website - quetric cannot guarantee secure transmission and protection of the personal data.
- The parties agree that the contract published on the quetric website about the order processing of personal data (https://quetric.com/datenschutz) becomes a binding part of the contractual relationship.
§ 10 Termination
- Contracts for the paid use of the software with monthly billing have a minimum term of one month. After the minimum term has expired, the contract is extended by extension periods of one month each, provided that neither party gives notice of 30 days to the end of the month.
- Contracts for the paid use of the software with annual billing have a minimum term of one year. After the minimum term has expired, the contract is extended by extension periods of one year each, provided that neither party terminates the contract with a notice period of three months to the end of a respective contract period.
- A minimum term of two years applies to contracts for the paid use of the software with biennial billing. After the minimum term has expired, the contract is extended by extension periods of two years each, provided that neither party terminates the contract with a notice period of three months to the end of a respective contract period.
- Terminations can be declared in writing, via email or directly via the software.
§ 11 Vouchers
- Promotional vouchers (vouchers that cannot be purchased but that we issue as part of an advertising campaign with a specific period of validity) are only valid for quetric services, are only valid for the specified period and can only be redeemed once during an order process.
- The combination with other vouchers or other promotional vouchers is not possible, and a cash payment or refund is also excluded if no consideration has been given.
- Disclosure to third parties and publications are prohibited. If you use a promotional voucher with your purchase, we reserve the right to charge you the original price of the software you keep if - because of your cancellation - the total value of the order falls below the respective value of the promotional voucher.
§ 12 Changes to the General Terms and Conditions
- Quetric reserves the right to change or supplement these GTC. The planned changes or additions will be announced to the customer by e-mail or in writing with a reasonable period of notice before the planned entry into force. If the customer does not object to the changed terms and conditions within two weeks after receipt of the e-mail in text form (e.g., letter, fax, e-mail), the changed terms and conditions are deemed to have been accepted.
- Quetric can change remuneration rates to an appropriate extent with a notice period of one (1) month with effect from January 1 of a calendar year by means of a written declaration of adjustment to the customer to compensate for cost increases and functional expansions.
§ 13 Jurisdiction
Austrian law applies exclusively to the contractual relationship, excluding substantive uniform law, in particular the UN sales law on the international sale of goods. The statutory provisions apply to the place of jurisdiction.
§ 14 Severability Clause
Should one or more provisions of these general terms and conditions be or become invalid or inadmissible in whole or in part, this does not result in the invalidity of the entire contract. The inadmissible or ineffective provision will be replaced by a provision that comes closest to the economic purpose of the ineffective or inadmissible provision.
Status: June 01, 2022