ibindo GmbH
Mühlwang 106/8
4690 Rüstorf
Contact:
servus@ibindo.at
Supervisory authority: District authority Vöcklabruck
By registering an account or logging in to ibindo, you accept the following terms of use.
ibindo GmbH, Austria is hereinafter referred to as “Operator”.
1.1. All orders and agreements are legally binding if they are accepted by the service recipient during registration on ibindo.at or during an offer and are only binding to the extent specified in the data processing contract (AD for short) (see User Dashboard). ibindo is a service from ibindo gmbh which is provided as a SaaS solution (Software-as-a-Service) with the name "ibindo".
1.2. The terms and conditions are regulated by this contract between the operator (ibindo gmbh) and the account creator, user or offer recipient (hereinafter referred to as "customer"). The customer's purchasing conditions are hereby excluded for the legal transaction in question and the entire business relationship. Offers are generally subject to change.[Text flow break]The customer can use ibindo to obtain guest sheets for his customers (hereinafter referred to as "guests"), who can use ibindo in accordance with the rights granted by the customer.
1.3 This Agreement governs the relationship between the Operator and the Customer.
1.4. The services offered by the operator are aimed exclusively at commercial customers (accommodation establishments, hospitality businesses, SMEs, etc.) and not at private individuals (consumers).
1.5. By registering an account or logging in to ibindo or subscribing to a specific offer, customers and guests agree to the general terms and conditions.
2.1 The subject of an order may be:
– Development of organizational concepts
– Global and detailed analyses
– Creation of individual programs
– Delivery of library (standard) programs
– Acquisition of usage rights for software products
– Acquisition of work usage permits
– Participation in commissioning (conversion support)
– Telephone advice
– Program maintenance
– Creation of program carriers
– Other services
2.2. Individual organizational concepts and programs are developed based on the type and extent of the binding information, documents and resources provided in full by the customer. This also includes practical test data and sufficient test options, which the customer provides in a timely manner, during normal working hours and at his own expense. If the customer is already working in real operation on the system provided for testing, the customer is responsible for backing up the real data.
2.3. The basis for the creation of individual programs is the written service description, which the operator prepares against payment of costs based on the documents and information made available to him or which the customer provides. The customer must check this service description for accuracy and completeness and provide it with his approval. Requests for changes that arise later can lead to separate deadline and price agreements.
2.4. Individually created software or program adaptations require program acceptance for the respective program package concerned no later than four weeks after delivery by the customer. This is confirmed by the customer in a protocol (checking for correctness and completeness based on the service description accepted by the operator using the test data provided as specified under point 2.2). If the customer allows the period of four weeks to pass without program acceptance, the subscribed software is deemed to have been accepted on the end date of the period mentioned. If the customer uses the software in real operation, the software is in any case deemed to have been subscribed to.
2.5. Any defects that occur, i.e. deviations from the service description agreed in writing, must be reported by the customer with sufficient documentation to the operator, who will endeavour to remedy the defects as quickly as possible. If there are significant defects reported in writing, i.e. if real operation cannot be started or continued, a new acceptance is required after the defects have been remedied.
2.6. The customer is not entitled to refuse acceptance of software due to minor defects.
2.7. When ordering library (standard) programs (examples: ibindo Start, Pro, Agency), the customer confirms with the order that he is aware of the scope of services of the ordered programs.
2.8. If it becomes apparent during the work that the execution of the order according to the service description is actually or legally impossible, the operator is obliged to inform the customer of this immediately. If the customer does not change the service description accordingly or create the conditions that make execution possible, the operator can refuse execution. If the impossibility of execution is the result of a failure on the part of the customer or a subsequent change to the service description by the customer, the operator is entitled to withdraw from the order. The costs and expenses incurred up to that point for the operator's work as well as any dismantling costs must be reimbursed by the customer.
2.9. Program media, documentation and service descriptions are sent at the customer's expense and risk. Any additional training and explanations requested by the customer will be invoiced separately. Insurance is only provided at the customer's request.
2.10. We expressly point out that a barrier-free design (of websites) within the meaning of the Federal Law on the Equality of People with Disabilities (Federal Disability Equality Act - BGStG) is not included in the offer unless this has been separately/individually requested by the customer. If barrier-free design has not been agreed, the customer is responsible for checking the service for its admissibility with regard to the Federal Disability Equality Act. The customer must also check the content provided by him for its legal admissibility, in particular with regard to competition, trademark, copyright and administrative law. In the event of slight negligence or after fulfilling any obligation to warn the customer, the operator is not liable for the legal admissibility of content if this was specified by the customer.
3.1. All prices are in euros, excluding VAT. They only apply to this order. The prices quoted are ex-works from the operator's place of business. The costs of data storage devices for transporting exports, such as USB sticks or hard drives, as well as any contract fees, will be invoiced separately.
3.2. For library (standard) programs, the list prices valid on the day of delivery apply. For all other services (organizational consulting, programming, training, conversion support, telephone advice, etc.), the work effort is charged at the rates valid on the day the service is provided. Deviations from the time expenditure underlying the contract price, for which the operator is not responsible, will be charged according to the actual time involved.
3.3. The costs for travel, daily and overnight allowances will be invoiced to the customer separately according to the applicable rates. Travel time is considered working time.
3.4. To compensate for increased personnel, infrastructure and other costs, the operator has the right to change the prices and remuneration for the services covered by the contract. A price change is permitted no earlier than six months after conclusion of the contract and only once a year. The provider will notify the customer of the change in writing at least six weeks before it takes effect. If the customer does not accept the price increase, he is entitled to terminate the contract with one month's notice to the end of the calendar month, but only if the price increase amounts to more than 10% of the previous price. In the event of termination, the prices that were not increased up to the time the termination took effect apply.
4.1 The operator endeavours to adhere to the agreed dates of fulfilment (completion) as closely as possible.
4.2. The target delivery dates can only be met if the customer provides all necessary work and documents in full, in particular the service description accepted by him in accordance with point 2.3, by the dates specified by the operator and if the customer fulfils his obligation to cooperate to the required extent.
4.3. The operator is not responsible for delays in delivery and cost increases caused by incorrect, incomplete or subsequently changed details and information or documents provided and cannot lead to the operator being in default. The customer shall bear any resulting additional costs.
4.4. For orders that include several units or programs, the operator is entitled to make partial deliveries or issue partial invoices.
5.1. The customer undertakes to pay the amount for the services he has completed with ibindo on time plus VAT. Payment is made via the payment providers Stripe and Paypal and is billed either monthly or annually by direct debit, depending on the subject matter of the contract. The corresponding invoices are made available to the customer in his user account under "Invoices/Subscription". Deviations are possible in the case of separate agreements. Payment for services
5.2. For orders that include several units (e.g. programs and/or training courses, implementation in partial steps), the operator is entitled to invoice after delivery of each individual unit or service.
5.3. Compliance with the agreed payment dates is an essential condition for the implementation of the delivery or contract fulfilment by the operator. Failure to comply with the agreed payments entitles the operator to stop the ongoing work and withdraw from the contract. All associated costs and loss of profits are to be borne by the customer.
5.4. In the event of late payment, default interest will be charged at the usual bank rate. If two installments of partial payments are not paid, the operator is entitled to declare the payment due and to demand payment of any acceptances submitted.
5.5. The customer is not entitled to withhold payments due to incomplete delivery, guarantee or warranty claims or complaints.
6.1. The SaaS contract is concluded for an indefinite period of time, unless otherwise agreed. Termination of use of ibindo is possible at any time at the end of the current month in the respective account (My Profile/Subscription), unless otherwise agreed.
6.2. Notwithstanding the previous provisions, the termination of subscriptions for the renewal of the paid service will take effect after the expiration of the respective term already paid for by the customer. It is noted that the termination process may take a few days. In order to avoid the next automatic renewal and the associated payment obligation, the termination should be made at least 14 (fourteen) days before the expiration of the then applicable service term.
6.3. If a customer's account or services are terminated by ibindo or the services of third parties (by the customer or by the operator), this may result in the loss of certain content, functions and data of your user account, including user content, guest list data or other usage data as well as all registrations that were included in the respective services ("Data Loss"). ibindo assumes no liability for this type of data loss or for the backup of the customer account, guest lists, overnight stay statistics or other user data. The reactivation of a user account or ibindo services after termination may be subject to additional fees at ibindo's sole discretion.
7.1. After payment of the agreed fee, the operator grants the customer a non-exclusive, non-transferable, non-sublicensable and unlimited right to use the software for the services specified in the contract and to the extent of the number of licenses purchased for simultaneous use on several workstations. The customer also receives the right to use all work results created on the basis of the operator's contract for their own internal use. All other rights remain with the operator.
7.2. The customer's participation in the production of the software does not entitle the customer to acquire any rights beyond the use specified in this contract. Any infringement of the operator's copyrights will result in claims for damages, and in such a case full compensation must be paid.
7.3. The customer is permitted to make copies for archiving and data backup purposes on the condition that the software does not contain an express prohibition by the licensor or third parties and that all copyright and ownership notices are transferred unchanged to these copies. The customer is also responsible for regularly backing up data in order to protect against data loss due to, for example, hacker attacks, password loss, etc. The operator does not accept any claims for damages or liability for data loss on the part of the customer. In addition, the customer may be charged additional costs as compensation for the expense of restoring data from their own backups.
7.4. If the disclosure of interfaces is necessary to achieve interoperability of the software in question, the customer must request this from the operator against reimbursement of costs. If the operator does not comply with this requirement and decompilation is carried out in accordance with copyright law, the results may only be used to achieve interoperability. Misuse will result in compensation for damages.
7.5. If the customer is provided with software whose license holder is a third party (e.g. standard software from Microsoft), the granting of the right of use is governed by the license terms of the license holder (manufacturer).
8.1. In the event that an agreed delivery time is exceeded due to the operator's sole fault or unlawful actions, the customer is entitled to withdraw from the relevant order by sending a registered letter or a signed letter of termination by email to servus@ibindo.at or in the user account under the "Subscription" item, even if the agreed service is not provided in essential parts within the reasonable grace period and the customer is not at fault.
8.2. Force majeure, labour disputes, natural disasters and transport blockages as well as other circumstances beyond the control of the operator release the operator from the obligation to deliver or allow him to re-determine the agreed delivery time.
8.3. Failure to comply with ibindo's terms and conditions or failure to pay the applicable fees on time entitles ibindo to block or terminate the customer's account and the user platform (or certain functions) as well as all associated ibindo services (e.g. guest sheet links) and third-party services (until the fees are paid in full).
8.4. Cancellations by the customer are only possible with the written consent of the operator. If the operator agrees to a cancellation, he has the right to charge a cancellation fee of 301% of the not yet invoiced order value of the entire project in addition to the services provided and the costs incurred.
8.5. We reserve the right to deactivate the user account for our free services (e.g. ibindo Gastro Cloud - single user) and to delete it after a further 15 days if no active guest registrations are recorded in the first 30 days. Ongoing contracts with a paid subscription are excluded from this measure.
9.1 The operator guarantees that the software fulfils the functions described in the associated documentation, provided that the software is used for the purpose of the services described.
9.2. The prerequisite for error correction is that the customer describes the error sufficiently in an error message and that this message is identifiable by the operator;
– the customer provides the operator with all documents necessary for troubleshooting;
– the customer or a third party attributable to him has not interfered with the software;
– the software is operated under the intended operating conditions in accordance with the documentation.
9.3. In the case of a warranty, improvement takes precedence over price reduction or cancellation. If the complaint is justified, the defects will be remedied within a reasonable period of time, whereby the customer will enable the operator to take all measures necessary to examine and remedy the defects. The presumption of defectiveness according to Section 924 ABGB is excluded.
9.4. Corrections and additions that prove necessary prior to the delivery of the agreed service due to organizational and programming deficiencies for which the operator is responsible will be carried out by the operator free of charge.
9.5. Costs for assistance, misdiagnosis and the elimination of errors and faults for which the customer is responsible, as well as other corrections, changes and additions, will be carried out by the operator against payment. This also applies to the elimination of defects if program changes, additions or other interventions have been made by the customer himself or by a third party.
9.6. Furthermore, the operator assumes no liability for errors, malfunctions or damages that are due to improper operation, modified operating system components, interfaces and parameters, use of unsuitable organizational resources and data storage devices, insofar as such are prescribed, abnormal operating conditions (in particular deviations from the installation and storage conditions) or transport damage.
9.7. The operator provides the promised services with the care of a competent company - this also applies to all services of its subcontractors and employees, for whose actions the operator is liable as for its own actions. The operator guarantees that the services it provides are free from third-party rights, so that the contractually guaranteed legal position of the customer is not impaired by third-party rights.
9.8. The operator shall not provide any warranty for programs that are subsequently modified by the customer’s own programmers or third parties.
9.9. If the subject of the order is the modification or addition of existing programs, the warranty applies to the modification or addition. The warranty for the original program is not thereby reinstated.
9.10 Warranty claims expire six (6) months after delivery.
10.1. The operator is only liable to the customer for damages that are demonstrably caused by the operator in the event of gross negligence. This also applies to damages that are attributable to third parties brought in by the operator. In the event of personal injury caused by the operator, the operator is liable without limitation.
10.2 Liability for indirect damages – such as lost profits, costs associated with business interruption, loss of data or claims from third parties – is expressly excluded.
10.3. Claims for damages shall become time-barred in accordance with statutory provisions, but no later than one year after knowledge of the damage and the person responsible.
10.4. If the operator provides the work with the assistance of third parties and in this connection warranty and/or liability claims arise against these third parties, the operator assigns these claims to the customer. In this case, the customer will primarily hold these third parties responsible.
The contracting parties undertake to be loyal to each other. They will refrain from any poaching or employment, including through third parties, of employees of the other contracting party who have worked on the implementation of the orders during the term of the contract and for 12 months after termination of the contract. The contracting party who violates this obligation is obliged to pay lump sum compensation in the amount of one year's salary of the employee.
The operator obliges its employees to comply with the provisions of Section 6 of the Data Protection Act.
Should individual provisions of this contract be or become invalid, this shall not affect the remaining content of this contract. The contracting parties shall work together in partnership to find a solution that comes as close as possible to the invalid provisions.
Unless otherwise agreed, the legal provisions applicable between companies are exclusively governed by Austrian law, even if the order is carried out abroad. In the event of any disputes, the local jurisdiction of the court with jurisdiction for the operator's place of business is deemed to be the sole agreed upon. For sales to consumers within the meaning of the Consumer Protection Act, the above provisions only apply to the extent that the Consumer Protection Act does not stipulate other mandatory provisions.
In the event of disputes arising from this contract that cannot be resolved amicably, the contracting parties agree to use registered mediators (ZivMediatG) for the out-of-court settlement of the conflict with a focus on
Business mediation must be consulted from the Ministry of Justice's list. If no agreement can be reached on the selection of business mediators or on the content, legal action will be taken no earlier than one month after the failure of negotiations.
If mediation does not take place or is terminated, Austrian law applies to any legal proceedings that are initiated. All necessary expenses incurred as a result of a previous mediation, in particular those for a legal advisor, can be claimed as “pre-trial costs” in court or arbitration proceedings, as agreed.
