Terms and conditions
Published on 01.01.2017
§ 1 Scope
(1) The companies SourceWeb GmbH and SourceWeb AG, hereinafter simply referred to as "SourceWeb", provide all services exclusively on the basis of these General Terms and Conditions. These terms and conditions apply to all current and future contracts.
(2) We only recognize deviating terms and conditions if we have agreed to them in advance in writing.
§ 2 Web Development
(1) We expressly reserve the copyright and ownership over web applications developed by us on behalf of the customer. The customer is granted an exclusive and unlimited right of use of the work.
(2) Web applications and web pages developed by us, unless agreed otherwise prior to placing the order, generally use program libraries and / or server-side modules for which we expressly reserve the copyright and are only executable on our servers. Web applications developed by us are therefore, unless otherwise agreed in writing in advance, only executable on our servers. Moving these web applications is therefore either not possible or only with payment of additional license fees.
(3) After delivery of the web application / website, the customer is obliged to immediately inspect the delivered goods or services for defects. Any complaints must be made immediately after receipt of the work results. If no detailed written notice of defects is received within a period of 14 days after handover of the project results, the delivered project results shall be deemed accepted or released.
(4) After acceptance of the project, as well as for changes and improvements outside a project / cost estimate, as well as for work in which neither a flat rate nor a separate hourly rate has been agreed, the usual hourly rate is € 120, -.
(5) The customer must ensure that the digital material provided by him does not infringe the copyright of third parties. Any claims for copyright and copyright infringement are entirely at the expense of the customer.
§ 3 Webhosting
(1) The contract term for all hosting services is, unless otherwise agreed in writing, always 12 months, begins with the beginning of services and is extended for a further 12 months as far as three months before the expiration of the contract by one of the parties is terminated in writing.
(2) As soon as the termination comes into force, all associated support services, e-mail accounts, as well as Internet domains, if these are not transferred to another provider in time, will be terminated together with the product.
(3) SourceWeb is not responsible for the content that customers upload to our servers. Customers are responsible for their content. SourceWeb reserves the right to remove any content that violates applicable law or, in our opinion, against applicable law of the Republic of Austria without prior notice.
(4) Charges agreed for hosting must be paid monthly in advance. If the customer is in arrears with the payment of fees despite reminder for a period of more than one month, SourceWeb is entitled to stop the web hosting services and thus to block the customer's website, domain and e-mail addresses. For the reactivation of the web hosting services SourceWeb charges a reactivation fee of € 250, -.
§ § 4 liability
(1) SourceWeb is liable, for whatever legal reason, only in accordance with the following provisions.
(2) SourceWeb is only liable for intent and gross negligence according to the legal regulations.
(3) SourceWeb assumes no liability for direct or indirect damages due to technical problems, server failure, data loss, transmission errors or other reasons and is in no case liable for lost profits and consequential damages.
(4) Insofar as the liability of SourceWeb is excluded or limited, this also applies to the liability of employees, other employees, representatives and vicarious agents of SourceWeb.
§ 5 Terms of Payment
(1) Unless otherwise agreed, invoices are payable 14 days after invoicing without deductions.
(2) If payment deadlines are exceeded, SourceWeb is entitled to charge default interest to the extent stipulated by law. The assertion of further damage caused by default is not excluded hereby. For the first payment reminder no dunning fees are charged. For each further reminder, together with interest, a processing fee in the amount of €