Terms 

GENERAL TERMS AND CONDITIONS

1. General Information
1.1 Validity


1.1.1. Supplies and services by the company Kupp Software GmbH, FN 388044 d, Kraußstraße 16, 4020 Linz,
(in the following also "Kupp GmbH") take place exclusively on basis of the following GENERAL TERMS AND CONDITIONS in their version valid at
the time of the order. Deviating regulations become effective only if they were agreed upon in writing. The customer can view, download and
print the respective valid version of the general terms and conditions on the internet site of the Kupp GmbH. These "General Terms and
Conditions" apply without exception to all deliveries and services of our company.


1.1.2 All offers, (maintenance) orders and agreements of Kupp GmbH are only legally binding if they are signed in writing and in accordance
with the company's regulations by an organ of Kupp GmbH or by an authorized agent and are only binding to the extent stated i n the order
confirmation.


1.1.3 Conditions of purchase of the customer are hereby excluded for the legal transaction in question and the entire business relationship.
Offers are generally subject to change without notice.


1.1.4 Should individual provisions of these "General Terms and Conditions" be invalid due to mandatory legal provisions, the "General Terms
and Conditions" shall remain legally binding in all other respects with the exception of the invalid provisions.
1.2 Offers, conclusion of contract
1.2.1 The contractor (Kupp Gmbh) accepts offers or orders of the customers by written order confirmation or by delivery of the object of
purchase or by rendering the service.
1.2.2 The information contained in catalogues, price lists, brochures, company information material, leaflets, advertisements on exhibition
stands, in
Information about the services and products of the contractor (Kupp GmbH) given in circulars, advertising mailings or other media are nonbinding, as far as they are not expressly raised as written contents of the contract.
1.2.3 Cost estimates of the Kupp GmbH are basically without guarantee for completeness and correctness.
2. Services
2.1. Provision of services:
(application, organization, service and maintenance orders)
2.1.1 The subject of an order may be
- Creation of software solutions
-Provision and maintenance of corporate websites
- Provision of mobile applications
- Provision of software for networks & IT security
-Development of organisational concepts
- Global and detailed analyses
- Creation of individual programs
- Delivery of standard programs
- Acquisition of licences for use
- Training of the operating personnel
- Participation in commissioning (changeover support)
- Telephone consultation
- Program maintenance
- Other services
This is only an exemplary and not an exhaustive list of the services offered by Kupp GmbH.
2.1.2 The creation or provision of individual software solutions, mobile applications and/or organisational concepts shall be carried out in
accordance with the type and scope of the binding information, documents and aids provided in full by the customer. This also includes
practice-oriented test data as well as test facilities to a sufficient extent, which the client provides in a timely manner, during normal working
hours and at his own expense. If the client is already working in live operation on the system made available for testing, the client shall be
responsible for securing the real data.
2.1.3 Basis for the production of programs is exclusively the written performance specification, which Kupp GmbH elaborates against
calculation of costs on the basis of the documents and information made available to it and/or those documents, which the customer makes
available in this connection. If not expressly in the written
performance description, neither existing software solutions, other documents nor existing
Work processes as the basis for the creation of the individual program. The written service description is to be checked by the client for
correctness and completeness and is to be provided with his approval note. Later change requests may lead to separate agreements on dates
and prices.
2.1.4 Individually created software or program adaptations require a program acceptance for the respective program package no later than 4
weeks after delivery by the customer. This will be confirmed by the customer in a protocol. If the customer allows this period to elapse without
program acceptance, the delivered software shall be deemed accepted. In the case of use in live operation, the software shall be deemed
accepted in any case.
2.1.5 When ordering standard programs for purchase or for the transfer of use, the customer confirms with the order that he is aware of the
scope of services of the ordered programs.
2.1.6 If it should turn out in the course of the work that the execution of the order according to the service description is actually or legally
impossible, Kupp GmbH is obligated to inform the customer immediately. If the client does not change the performance specification in such a
way and/or creates the condition that an execution becomes possible, Kupp GmbH can
GmbH reject the execution. If the impossibility of the execution is the result of a failure of the customer or a subsequent change of the
performance specification by the customer, Kupp GmbH is entitled to withdraw from the contract. The costs and expenses accrued up to that
time as well as possible dismantling costs are to be replaced by the client.
2.2 Rights of use for software products
2.2.1 As far as software products are handed over to the customer by the Kupp GmbH or the customer is enabled to use software products
within the scope of the service, the customer is entitled to the
non-exclusive, non-transferable, non-sublicensable right, limited to the term of the contract, to use the software products in unmodified form.
2.1.4 For software products of third parties, which are handed over to the customer by Kupp GmbH, the respective license terms of the
manufacturer of these software products are valid with priority over the regulations of this point.
2.1.5 Unless a separate agreement is made, no further rights to software products are transferred to the customer.
The rights of the customer according to §§ 40(d), 40(e) UrhG are not affected by this.
2.1.6 All documents provided to the customer by Kupp GmbH, in particular the documentation of
software products, may not be reproduced or distributed in any way, whether free of charge or against payment.
2.1.7 For any software and program developments both the right of use and possible copyrights remain with Kupp GmbH.
3. Liability
3.1.1 The Kupp GmbH is liable to the customer for damages demonstrably caused by him only in case of gross negligence. This applies
analogously also to damage, which is due to third parties called in by the contractor.
3.1.2 Liability for indirect damages - such as lost profits, costs associated with a business interruption, loss of data or third-party claims - is
expressly excluded.
3.1.3 Claims for damages shall become statute-barred in accordance with the statutory provisions, but no later than one year after the damage
and the injuring party became aware of the damage and the injuring party.
3.1.4 As far as Kupp GmbH performs the work with the assistance of third parties and in this context warranty and/or liability claims against
these third parties arise, Kupp GmbH assigns these claims to the customer. In this case the purchaser will primarily hold himself harmless
against this third party.
3.2 Warranty
3.2.1 Provided that the Customer has provided the supplies/services in accordance with the applicable
installation requirements and instructions of Kupp GmbH and used under the respectively valid conditions of use, Kupp GmbH guarantees
according to the regulations of these general terms and conditions that the delivered goods/services have the agreed functionality and are free
of defects of title.
3.2.2 The warranty period shall be six months from the date of performance.
3.2.3 The term defect is understood to mean any disturbance and any error. However, a defect shall only be deemed to exist if it concerns
functionally disturbing deviations from the valid specifications.
No warranty is given for minor and/or insignificant defects or reductions; this applies in particular to those defects which do not impair the
agreed or usually presumed usability as well as for non-reproducible defects. Kupp GmbH also does not warrant that the programs work
together in the selection made by the customer, that they run uninterruptedly or completely error free or that all defects can be eliminated.
Kupp GmbH is also not responsible for a defect, if the defect is based on the task specified by the purchaser or on the insufficient or faulty duty
of cooperation of the purchaser or if the functions do not meet the requirements of the purchaser; furthermore, the warranty is void, if the
purchaser makes or has made arbitrary changes to the software.
3.2.4 The client must make a complaint in writing with an exact description of the problem. The warranty in the case of a justified notice of
defects shall include the diagnosis of the defect and the remedy of the defect. Any malfunctions must be reported by the customer immediately
and in detail.
Kupp GmbH supports the customer in the search for defect and cause of defect; if the customer cannot prove that the defect can be attributed
to Kupp GmbH, Kupp GmbH is entitled to charge the customer for the services rendered by Kupp GmbH in this regard.
The customer has to enable Kupp GmbH all measures necessary for the examination and the removal of defects.
3.2.5 The elimination of defects is primarily achieved by improvement. The improvement is carried out at the choice of Kupp GmbH by removal
of defects, by an appropriate change of the software, by the provision of a new program version, by delivery of a new software or by the fact
that Kupp GmbH shows reasonable possibilities to avoid the effects of the defect. The purchaser has to support Kupp GmbH accordingly; in
particular, it is a prerequisite for each removal of defects that Kupp GmbH receives all necessary documents and information from the
purchaser.
3.2.6 The client can only demand the cancellation of the contract or the reduction of the remuneration to this extent and only if the repeated
improvement of the defect finally fails despite a reasonable period of grace of at least 90 days set in writing. Defects in individual programs do
not entitle the client to terminate the contract with regard to the remaining programs.
3.3 Disclaimer of liability
3.3.1 Any compensation for (attempted or successful) removal of defects by the client himself or by third parties (substitute performance) is
excluded.
3.3.2 Costs for assistance, misdiagnosis as well as error and malfunction removal, for which the customer is responsible, as well as other
corrections, changes and additions are carried out by Kupp GmbH exclusively against payment. This also applies to the removal of defects, if
program changes, additions or other interventions have been made by the customer himself or by third parties.
3.3.3 Furthermore, Kupp GmbH does not assume any warranty for errors, malfunctions or damages, which are due to improper operation,
changed operating system components, interfaces and parameters, use of unsuitable organisational means and data carriers, as far as such are
prescribed, abnormal operating conditions as well as transport damages.
4. Change requests
4.1 Modification of the requirements
4.1.1 Either party may request changes to the scope of services at any time ("Change Request"). However, a requested change must include a
detailed description of the change, the reasons for the change, the impact on scheduling and costs in order to enable the addressee of the
change request to make an appropriate assessment. A change request only becomes binding when it is signed by both parties.
5. Information
5.1 Kupp GmbH commits itself to inform the customer immediately about product/software relevant changes and to inform the customer
about the progress or the development of the performance to be rendered.
5.2 The client has the right at any time to demand information in connection with the contractually agreed service. In addition, the client shall
be given the opportunity to obtain information on the status of the service at normal business hours.
5.3 On request of Kupp GmbH the customer commits himself to release a period of 2 hours within the next 10 working days in the period from
06:00 to 22:00.
This does not apply to maintenance contracts. In the event of non-compliance on the part of the client, any claim to compliance with the
project times and cancellation fees shall lapse.
6. Data Protection
6.1 The Kupp GmbH follows the regulations of the data protection act and the telecommunication act when handling personal data and takes
the technical and organizational measures necessary for the data protection in the area of responsibility of the Kupp GmbH. The Kupp GmbH
commits itself to keep the regulations according to § 15 of the data protection act.
6.2 Kupp GmbH is not obligated to check the permissibility of the data processing ordered by the customer in terms of data protection
regulations. The permissibility of the transfer of personal data to Kupp GmbH, as well as the processing of such data by Kupp GmbH is to be
ensured by the customer.
6.3 The purchaser takes all reasonable measures to protect the data and information of the purchaser stored by Kupp GmbH against
unauthorized access of third parties. However, the purchaser is not responsible if third parties nevertheless succeed in gaining access to the
data and information in an illegal way.
6.4 With the conclusion of the contract, the client gives his consent that the data from this business transaction may also be transmitted to
subcontractors who are involved in the processing of this order.
7. Intellectual Property
The Kupp GmbH alone as well as licensers of the Kupp GmbH possess all rights and legal claims, including all associated intellectual property
rights, to the software products made available for use and to
Suggestions for improvement, ideas, requests for enhancements, feedback, recommendations or other information provided by the client in
connection with the software products made available for use. This contract does not constitute a sale and does not transfer any property
rights to or in relation to the software products of Kupp GmbH made available for use, therefore these may not be transferred or changed by
the customer.
8. Terms of Payment
8.1 Unless otherwise agreed, our invoices are due for payment within 14 days of receipt of the invoice document without deduction and free of
charges.
8.2 The date of receipt of the invoice amount in our account stated on the invoice is expressly agreed as the date of payment discharging the
debt. The risk for the duration of the remittance and the remittance process until receipt on our account is borne by the client.
8.3 The adherence to the agreed upon payment dates is an essential condition for the execution of the service and/or the fulfillment of the
contract by Kupp GmbH:
In case of non-compliance with the agreed dates of payment, Kupp GmbH is entitled to stop current work and to demand advance payments or
securities for outstanding services.
8.4 In addition, if the period mentioned in 8.1. has expired without result, a dunning procedure will be initiated. The client shall bear the costs
of such proceedings.
8.5 In case of default, Kupp GmbH is also entitled to withdraw from the contract, this applies in particular, if no advance payments or securities
are made for outstanding performances. All costs incurred by Kupp GmbH due to the delay or withdrawal from the contract, as well as any
damage caused to Kupp GmbH by this, which also includes the loss of profit, are to be compensated by the customer.
8.6 In any case, Kupp GmbH is entitled not to charge interest on arrears for the period of the customer's demonstrably undeserved delay of
payment, but to charge interest on arrears in the usual extent.
9. Duration of the contract
9.1 The contract comes into force upon signature by both parties and runs for the period of time agreed upon in the contract.
9.2 Each contracting party is entitled to terminate the contract prematurely and without notice for good cause by registered letter. An
important reason shall be deemed to exist in particular if the respective other contractual partner violates essential obligations under the
contract despite a written warning and threat of termination or if bankruptcy or other insolvency proceedings have been applied for or opened
against the other contractual partner.
9.3 Furthermore, Kupp GmbH is entitled to terminate the contract prematurely for important reasons, if essential parameters of the service
provision have changed and Kupp GmbH can no longer be expected to continue the services under economic aspects.
9.4 Upon termination of the contract, the customer has to return immediately all documents and documentation provided to him by Kupp
GmbH to Kupp GmbH.
10. Trademark rights and references
10.1 The purchaser grants Kupp GmbH the right to use the company name and logo as customer reference for advertising purposes, this applies
among other things to company website, exhibition stand, newsletter. A revocation can be made in writing at any time and will be
implemented within 3 working days (for printed media within 14 days).
11. Place of jurisdiction and applicable law
11.1 Austrian law shall apply exclusively to all disputes arising from or concerning this contract. The application of the United Nations
Convention on Contracts for the International Sale of Goods is excluded by mutual agreement.
11.2 Unless otherwise agreed, the statutory provisions applicable between entrepreneurs shall apply exclusively under Austrian law, even if the
order is carried out abroad. For possible disputes the court responsible for the business location of Kupp GmbH is agreed upon. For the sale to
consumers in the sense of the consumer protection law the above regulations are only valid as far as the consumer protection law does not
compellingly provide other regulations. The disregard of substantial contract components entitles the contracting parties to the premature
termination of the contract without notice.
11.3 The place of jurisdiction for all disputes arising out of and in connection with the contract shall be the place of
Linz/Upper Austria. The Kupp GmbH is however entitled, the
customer/customer at their own discretion to sue at any other court which is competent according to national or international
law, in particular at the court at the customer's registered office. The provisions made in the preceding provisions shall also apply if disputes
arise about the conclusion and/or the validity of the contract and/or the validity of the agreement on the place of jurisdiction.

 

Data protection

 

Understanding

 

This privacy policy is intended to inform the users of this website and the other user of the products about the nature, scope and purpose of the collection and use of personal data by the website operator Kupp GmbH.

 

The website operator takes your privacy very seriously and will treat your personal information confidentially and in accordance with the law. As changes to this Privacy Policy may be made through new technologies and the continued evolution of this Site, we encourage you to review the Privacy Policy periodically.

 

Definitions of the terms used (eg "personal data" or "processing") can be found in Art. 4 GDPR.

 

access data

 

We, the website operator or website provider, collect data on website access on the basis of our legitimate interest (see Art. 6 (1) lit. DSGVO) and save these as "server log files" on the server of the website. The following data is logged:

 

  • Visited website
  • Time at the time of access
  • Amount of data sent in bytes
  • Source / reference from which you came to the page
  • Browser used
  • Operating system used
  • Used IP address

 

The server log files are stored for a maximum of 60 days and then deleted. The storage of the data is done for security reasons, for. B. to clarify cases of abuse. If data must be revoked for reasons of proof, they are excluded from the deletion until the incident has been definitively clarified.

 

Range measurement & cookies

 

This website uses cookies for the pseudonymized range measurement, which are transmitted either from our server or the third party server to the user's browser. Cookies are small files that are stored on your device. Your browser accesses these files. The use of cookies increases the user-friendliness and security of this website.

If you do not want to save range-measuring cookies on your device, you can deactivate them.

 

Popular browsers offer the preference option of not allowing cookies. Note: There is no guarantee that you will be able to access all the functions of this website without restrictions if you make the appropriate settings.

 

Collection and processing of personal data

 

The website operator collects, uses and transfers your personal data only if this is permitted by law or if you consent to the collection of data.

Personal information means all information that is used to identify your person and which can be traced back to you - such as your name, e-mail address and telephone number.

 

You can also visit this website without giving any personal information. To improve our online offer, however, we (without personal reference) store your access data on this website. These access data include z. For example, the file you requested or the name of your Internet service provider. Due to the anonymization of the data, conclusions about your person are not possible.

 

Handling contact information

 

If you contact us as a website operator through the offered contact options, your details will be stored so that they can be used to process and answer your request. Without your consent, this data will not be disclosed to third parties.

 

Dealing with comments and contributions

 

If you leave a post or comment on this website, your IP address will be saved. This is done on the basis of our legitimate interests within the meaning of Art. 6 para. 1 lit. f. DSGVO and serves the security of us as a website operator: For if your comment violates applicable law, we can be prosecuted, which is why we have an interest in the identity of the comment or contribution author.

 

 

Newsletter Subscription

 

The website operator offers you a newsletter in which he informs you about current events and offers. If you would like to subscribe to the newsletter, you must enter a valid e-mail address. If you subscribe to the newsletter, you agree to the newsletter reception and the explained procedures.

 

Cancellation and termination: You can revoke your consent to receive the newsletter at any time and thus cancel the newsletter subscription. After your cancellation the deletion of your personal data takes place. Your consent to the newsletter shipping expires at the same time. At the end of each newsletter, you will find the link to termination.

 

 

Rights of the user

 

As a user, you have the right to receive, upon request, free information about which personal data has been stored about you. You also have the right to correct incorrect data and to restrict or delete your personal data. If applicable, you can also claim your right to data portability. If you believe your data has been processed unlawfully, you can file a complaint with the appropriate regulatory agency.

 

Deletion of data

 

If your request does not conflict with a legal duty to store data (eg data retention), you have the right to delete your data. Data stored by us, if they are no longer necessary for their purpose and there are no legal retention periods, will be deleted. If deletion can not be carried out because the data is required for legitimate legal purposes, data processing is restricted. In this case, the data is locked and not processed for other purposes.

 

right to

 

Users of this website may exercise their right of objection and object to the processing of their personal data at any time.

 

If you would like a correction, blocking, deletion or information about the personal data stored about you, or if you have questions regarding the collection, processing or use of your personal data or if you would like to revoke your consent, please contact the following e-mail address : office@kuppsoft.com