By completing the following registration form (creating user account) you agree to our general terms and conditions.
I. Object of Agreement
- The provider provides SaaS services in the field of project management to its clients through the Internet.
- The object of the agreement is
- the licensing of the provider’s software for use over the Internet and
- the storage of client data (data hosting)
II. Software Licences
- The provider provides the client with the actual current version of the ZCOPE software (hereinafter referred to as the “software”) through the Internet against payment for the duration of this agreement. For this purpose, the provider shall store the software on a server made accessible to the client via the Internet.
- Following further developments, the current software features are provided in the service description on the provider’s website at www.getzcope.com.
- The provider consistently monitors the proper operation of the software and immediately eliminates all software errors if technically possible. An error is particularly existent if the software does not fulfil the functions listed in the service description, delivers incorrect results, terminates running automatically or does not function properly in some other way so that the use of the software is impossible or limited.
- The provider shall consistently develop the software and shall improve it through ongoing updates and upgrades.
III. Software Rights of Use
- The provider grants the client the non-exclusive and non-transferable right to use the software cited in this agreement for the duration of this agreement within the framework of the SaaS services under the provisions of the law.
- The client may only duplicate and use the software so long as this is covered in the respective current use according to the terms of the agreement according to the current service description. Necessary duplication includes the downloading the software to the RAM, not however, the temporary installation or storage of the software on data mediums (hard drives or similar devices) of hardware used by the client. Provided that §40d and §40e of the Austrian Copyright Law does not stipulate a further decision, no further rights to the software shall be granted.
- The client is not granted the right to allow the use of the software by a third party either with or without a fee. The client is expressly not permitted to “sublet” the software.
- The client undertakes to prevent gratuitous use of the software arising through possible contractual relationship with third parties.
IV. Data Hosting
- The provider grants the client defined disc space on a server for storing its data. If the disc space is no longer enough for the storage of the data, the provider shall notify the client in a timely manner and if more disc space has been ordered to make this available as soon as possible. Should all the disc space be utilised, no further data will be stored.
- The provider shall ensure that the stored data can be accessed via the Internet.
- The client is not granted the right to allow the use of the disc space partially or completely by a third party either with or without a fee.
- The client undertakes to store no contents on the storage space whose supply, publication and use violates the legal right of or arrangement with a third party.
- The provider is obligated to meet suitable precautions against the loss of data and to prevent unauthorised access by third parties to the client’s data. For this purpose, the provider shall create weekly backups, check the client’s data for viruses as well as install firewalls or the like.
- The client remains in any case the sole authorised party to the data and can therefore request from the provider at any time, especially following the termination of the agreement, the release of individual pieces or all the data without right of retention by the provider. The release of data is done either by a storage medium or transfer via a data network according to the preference of the client. The client has no claim to receive the software for the use of the data.
V. Service Hotline/Client Service
- The provider shall answer client enquiries (depending on packet by e-mail or telephone) regarding the operation of the software services covered in this agreement as well as further SaaS services within the business hours given below as quickly as possible following receipt of the enquiry either by telephone or e-mail.
VI. Disruption/Impairment of Accessibility
- Adjustments, changes and additions to the SaaS services covered in this agreement as well as measures for the determination and elimination of malfunctions shall only lead to a temporary disruption or impairment of accessibility when this is necessary for technical reasons.
- The monitoring of SaaS services basic functions takes place daily. The maintenance of SaaS services takes place from Monday to Friday from 8.00 to 19.00. In the case of major errors, i.e. the use of SaaS services is no longer possible or severely limited, maintenance shall take place shortly within 2 hours from notification by the client. The provider shall notify the client of maintenance work in a timely manner and complete this work as quickly as possible.
In the case that the correction of the error is not possible within 12 hours, the provider shall inform the client of this within 24 hours in writing with information on the reason and the time estimated for the correction of the error. The provider shall use all means to provide the client with a work-around solution.
- The availability of each individual SaaS service averages 98.5% annually.
VII. Client’s Duties
- The client is obliged to prevent the unauthorised access to the software by third parties through proper measures. For this purpose, the client shall notify its employees of the abidance of the copyright where necessary. The client shall demand that its employees create no illegal duplications of the software or the user manual.
- The client itself is responsible for the entry and care of the use of the data and information required by the SaaS services – irrespective of the provider’s obligation to backup the data.
- The client is obligated to check its data and information for viruses or other damaging components before entry and to use suitable state-of-the-art virus protection programs.
- The client must create a user ID and password during its first use if the SaaS service, which is required for further use of the SaaS services. The client is obliged to keep the user ID and password secret and non-accessible to third parties.
- The client undertakes to pay the provider the agreed upon monthly fee including VAT for the software licence and data hosting.
- The provider shall send the client an invoice with the contractually owed fee. The invoice balance shall be paid by credit card. In the case of late payment, interest according to §1333 sec. 2 of the General Austrian Civil Code of Law (8% above the base lending rate).
- The provider is entitled to carry out an adjustment of the fee and service description with a notice period of 1 month by notifying the client in writing, provided that this is reasonable for the client. Conditions and reasons for such a change in the service description are especially the technical advancement and the further development of the software. The changes are based on the kind and amount of changes made to the scope and performance of the software. Should the client not want to continue the agreement under the changed tariffs, it has the right to give a notice of 14 days in writing and as an exception.
- All prices are value-secured by the consumer price index announced by Statistik Austria in 2005. The base number for the index calculation is the month of the signing of the agreement. The respective index adjustment occurs annually in September. The non-enforcement of the index adjustment does not mean a waiver from the enforcement of price increases.
- The provider guarantees the functional and operational conditions of the SaaS services.
- Should the services of the provider be accessed by an unauthorised third party using the client’s user ID and password, the client assumes liability for fees incurred within the framework liability subject to civil law up to the arrival of the agreement to changing the user ID and password or reporting loss or theft at the provider in as much as the client shares responsibility for the unauthorised access by the third party.
- The client undertakes to indemnify the provider from all claims by third parties which affect all data stored by it and to recoup the costs arising from possible rights violations.
- The provider is entitled to immediately block the storage disc if reasonable suspicion exists that the stared data are illegal and/or violate the rights of a third party. A reasonable suspicion for illegality and/or a violation of rights is especially present when courts, authorities and/or other third parties notify the provider thereof. The provider must immediately notify the client of the removal and the reason for the removal. The block is lifted as soon as the suspicion is invalidated.
- The SaaS agreement shall be concluded for an indefinite period of time. The contractual relationship begins with the client’s registration and can be terminated monthly by both parties.
- We grant our private clients (users) a withdrawal period of 7 working days excluding Saturday, Sunday and Bank Holidays. The cancellation period starts with the contract agreement. It is sufficient if the contract is cancelled within the aforementioned period. Cancellation rights are invalid should contract services have started within the agreed cancellation period of 7 working days.
- Both parties are free to immediately dissolve the agreement for an important reason.
An important reason for the immediate dissolution of this agreement by the provider is especially present when the client
- is denied in the case of bankruptcy or the commencement of bankruptcy proceedings due to lack of assets,
- is at least one month in arrears of its payments with regards to the liabilities to pay as laid down in this agreement and has been reminded with a period of two weeks to pay and threat of cancellation of this agreement,
- negligently or purposefully violates data protection regulations, which present a legally punishable act or administration violation according to the data protection laws or penal law or culpably goes against such laws intended to protect a third party’s data or
violates through the use of the services set out in this agreement the statutory provisions or encroaches on the copyrights, industrial property rights or right to a name of a third party,
- uses the services provided for the purpose of supporting criminal, illegal or ethically dubious dealings.
XI. Data Protection/Privacy
- The client solely is responsible according to the regulations of the Data Protection Act of 2000 regarding the use of SaaS services by the client and its contractual partner for the necessary declaration of consent.
- The provider undertakes to keep the knowledge made known to it within the scope of preparation, realisation and fulfilment of this agreement of confidential processes, in particular the client’s business secrets, under strict secrecy and not to spread or use this information in any way.
This is valid for any unauthorised third party, i.e. also for unauthorised employees of the provider as well as the client, provided that the passing on of information is not necessary for the proper fulfilment of the provider’s contractual obligations. In cases of doubt, the provsuch information.
- The provider undertakes to agree to the terms in section 11.2 of this agreement in regards to any employees or subcontractors employed by it for the preparation, implementation and completion of this agreement.
- There exist no verbal or written agreements besides this agreement. All written and verbal agreements existing prior to this agreement that are contrary to this agreement lose their validity with the signing of this agreement.
- Amendments or additions to this agreement must be in writing in each individual case to be legally effective; remittance by fax or e-mail is valid as written form. These forms are also valid as the dispatch of the written form.
- All communications are sent, provided that is not stipulated in this agreement or by the law due to a stricter form, directly in writing to the given addresses. Remittance via fax or e-mail is enough in each case to fulfil the writing requirement.
- The contractual partners are obliged to immediately notify the other contractual partner of changes in address, otherwise, all communications sent to the last known address count as legally valid.
XIV. Severability Clause
- Should individual conditions of this contract be or become invalid, this does not affect the validity of the rest of the document. Invalid terms of the agreement are to be substituted with those that economically correspond closest to the contractual intent of the parties.
XV. Jurisdiction/Applicable Law/Place of Performance
- Austrian substantive and procedural law is agreed on between the contractual parties. It is agreed that the exclusive legal venue shall be the District Court of Dornbirn or the Regional Court of Feldkirch (depending on the value of the claim).
- Addenda are a component of the agreement.
- A third party in the sense of this agreement is any natural and/or legal person or body from which the contractual partners are legally separate.
- The client is responsible for legal fees, if any.
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