Terms and Conditions (T&C)
1. Scope
1.1 These Terms and Conditions apply to all agreements between Fesk e.U., Gumpendorfer Straße 19, 1060 Vienna, Austria ("Provider") and customers ("Customer") for the use of the Provider's software services (SaaS).
1.2 Diverging conditions of the Customer are not accepted unless the Provider has expressly agreed in writing.
2. Subject Matter of the Agreement
2.1 The Provider offers the Customer access to software via the Internet as a service (SaaS).
2.2 The exact scope of services is described in the respective agreement, service description, and any service level agreements (SLAs).
3. Conclusion of Contract
3.1 Offers by the Provider are non-binding unless stated otherwise.
3.2 The contract is concluded when the Customer completes the order process and the Provider confirms acceptance.
4. Fees and Payment Terms
4.1 Use of the services is subject to fees according to the current price list.
4.2 Payments are to be made in euros without deduction within 14 days of invoice date.
4.3 If the Customer is in default, the Provider may charge statutory default interest.
5. License Rights
5.1 The Provider grants the Customer a non-exclusive, non-transferable right to use the software under the agreement.
5.2 No further rights are granted, especially no rights to reproduce or distribute to third parties.
6. Customer Obligations
6.1 The Customer must safeguard login credentials and not disclose them to third parties.
6.2 The Customer must ensure their technical setup meets the requirements for proper use.
7. Liability
7.1 The Provider is fully liable for damage due to injury to life, body, or health and for intent or gross negligence.
7.2 For slight negligence, liability is excluded unless essential contractual obligations are breached.
8. Data Protection
8.1 Personal data will be processed in accordance with the Privacy Policy.
8.2 The Privacy Policy forms part of these T&C.
9. Term & Termination
9.1 Contract duration and termination conditions are set out in the agreement.
9.2 Upon termination, all rights to use the software expire.
10. Governing Law & Jurisdiction
10.1 Austrian substantive law applies exclusively, excluding the UN Convention on Contracts for the International Sale of Goods.
10.2 Exclusive jurisdiction is Vienna, Austria.