LiquidLife by premo.at

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GENERAL TERMS AND CONDITIONS of LiquidLife

1. Scope of application
   The general terms and conditions of LiquidLife apply to all deliveries, services and offers that LiquidLife provides to a contractual partner. They also apply to future transactions, even if no express reference is made to them. We do not recognize conflicting, deviating or new terms and conditions of the contractual partner that are not contained in our terms of sale, unless we have expressly agreed to their validity in writing.

2. conclusion of contract
   1. The contract is considered concluded when LiquidLife has sent a written order confirmation or a delivery after receiving the order.
   2. The information contained in catalogues, brochures and the like are only relevant if they are expressly referred to in the order confirmation.
   3. Subsequent changes and additions to the contract require written confirmation to be valid.
   4. Plans, sketches, technical elaborations or suggestions, samples and the like prepared or processed by us are our intellectual property. If no contract is concluded, these as well as cost estimates or offers are to be remunerated appropriately.
   5. The contract is considered concluded when payment has been made in the online shop and a confirmation email has been sent to the customer about the option of delivery.

3. Delivery, transport, transfer of risk
   1. Delivery times are non-binding and do not begin until all technical and other design details have been submitted, an agreed deposit has been paid, all details of the design have been completely clarified, and/or the order confirmation signed by our contractual partner has been returned. The delivery period is met if the readiness for delivery has been communicated by the time it expires or the delivery item has left the factory. Only in the event of a delay in performance for which we are responsible is the contractual partner free to withdraw from the contract by setting a grace period, which may under no circumstances be less than two weeks and must be in writing; Other or more extensive claims of any kind, such as claims for damages in particular, are excluded unless

1. 2. Business disruptions of all kinds at our premises or at our suppliers, natural disasters, strikes and other circumstances for which we are not responsible or which we cannot foresee entitle us to extend the delivery period or to cancel the contract in whole or in part, to the exclusion of all warranty claims, avoidance claims and claims for damages on the part of the contractual partner. This also applies if the events occur at a time when we are behind schedule.

1. 3. If the goods or partial deliveries (to which we are entitled and which can also be charged separately) are not accepted by the contractual partner or the preparations and measures required for delivery were not taken by the contractual partner, all adverse consequences shall be borne by the contractual partner. We are free to withdraw from the contract after setting a grace period of 3 days. In any case, the contractual partner is obliged to pay us full compensation.

1. 4. The transfer of use and risk to the contractual partner takes place independently of the agreed charging of freight, insurance, etc. (cif, franco etc.), in any case when the goods are handed over to the carrier, even if delivery is carriage paid, delivery by our own vehicles agreed or the transport is organised, managed or paid for by us. Irrespective of this, the contractual partner undertakes to inform us immediately of any transport damage and to properly note this in the bill of lading. The goods will only be insured by us against transport damage if there is a separate written agreement and at the expense of the contractual partner.

1. 5. Delivery vehicles must be able to drive up to the unloading point unhindered and safely and be able to unload without delay. All additional costs and damage arising from the violation of this obligation, including any claims by third parties, must be reimbursed to us. Unless otherwise agreed, the unloading of the means of transport is the responsibility of the contractual partner, even if we commission the transport company, in which case we act as the contractual partner’s representative.

1. 6. Transport and all other packaging in accordance with the packaging regulations will not be taken back, with the exception of pallets. The customer is obliged to ensure that the packaging is disposed of in accordance with the relevant statutory provisions at his own expense.

4. Contract duration
   1. The minimum contract period for maintenance contracts is three months, for domains one year.
   2. Termination is possible for both parties on the first of the month, subject to a three-month notice period at the end of the respective contract.
   3. The contract is extended by one year at a time if it is not terminated.
   4. The minimum contract period for websites is 24 months.

5. Prices and Payments
   1. Unless otherwise agreed in the order, the prices listed in the offer or order form apply. The prices are based on the costs at the time of the initial price offer. Should the costs increase at the time of delivery, LiquidLife is entitled to adjust the prices accordingly. Statutory sales tax will be charged additionally.
   2. Unless otherwise agreed, payments are due upon receipt of the invoice and without deduction.
   3. The prices apply ex works or LiquidLife warehouse excluding packaging and loading. If fees, taxes or other charges are levied in connection with the delivery, these shall be borne by the buyer, as well as transport and delivery costs. If delivery with delivery is agreed, this and any transport insurance requested by the buyer will be charged separately, but does not include unloading and contracting. The packaging will only be taken back if expressly agreed.
   4. Compliance with the agreed payment dates is an essential condition for the performance of services by LiquidLife. In the event of a delay in payment, LiquidLife is entitled to additionally charge all resulting expenses and costs, as well as standard bank interest on arrears.
   5. In addition, in the event of default of payment, LiquidLife is entitled to suspend contractual services from service contracts with a written notification to the defaulting contractual partner until full payment has been made. This primarily relates to maintaining the web space provided.
   6. In any case, counter-accounting with open claims against LiquidLife and withholding of payments due to alleged defects not acknowledged by LiquidLife are excluded.
   7. In the event of default of payment, LiquidLife makes the outstanding rents due immediately in full for the rental variant and is entitled to discontinue the contractually agreed services immediately. However, the customer is prohibited from using the services such as design and programming.

6. Delivery
   1. Delivered goods remain the unrestricted property of LiquidLife until full payment has been made.
   2. The delivery period begins with the latest of the following times:
      1. Date of order confirmation
      2. Date of fulfillment of all technical, commercial and other requirements incumbent on the buyer
      3. On the date on which LiquidLife is unable to deliver goods that are ready for dispatch through no fault of LiquidLife or is not desired by the buyer, LiquidLife can store the goods at the buyer’s expense, whereby the delivery is deemed to have been made. The agreed terms of payment are not changed as a result.
   3. Unless otherwise agreed, the warranty period is twelve months.
   4. Defects subject to warranty will be remedied at LiquidLife’s discretion either by repair or replacement. A conversion or price reduction is mutually excluded. The warranty expires automatically as soon as repairs or modifications are made by third parties.
   5. The warranty claim presupposes that the buyer has reported the occurring defects immediately in writing.
   6. Excluded from the warranty are defects that arise from arrangement and assembly not effected by LiquidLife, inadequate set-up, non-compliance with the installation requirements and conditions of use, excessive stress on the parts beyond the performance specified by LiquidLife, negligent or incorrect treatment and use of unsuitable operating materials; this also applies to defects that can be traced back to material provided by the buyer. LiquidLife is also not liable for damage caused by atmospheric discharge, overvoltage and chemical influences. The warranty does not apply to the replacement of parts that are subject to natural wear and tear.

7. Resignation
   1. LiquidLife is entitled to withdraw from the contract,
      1. if the execution of the delivery or the start or continuation of the service is impossible for reasons for which the buyer is responsible or is further delayed despite the setting of a grace period;
      2. if concerns have arisen regarding the buyer’s inability to pay and he neither makes an advance payment at LiquidLife’s request nor provides suitable security before delivery;
      3. if the user has a disproportionate data transfer in relation to the storage space used by him;
      4. if insolvency proceedings are opened against the assets of the contractual partner or an application for initiation of insolvency proceedings is rejected due to insufficient assets;
      5. if the user repeatedly violates the “netiquette” and generally accepted standards of network use, as well as unsolicited advertising and spamming (aggressive direct mailing), using the service to transmit threats, profanity, harassment or harm other participants.
   2. Withdrawal can also be declared with regard to a still open part of the delivery or service for the above reasons, whereby due to the misconduct as under point 7.1.1. up to point 7.1.5. described, the order amount is charged in full, this must be transferred to LiquidLife within a payment period of 14 days.
   3. Irrespective of LiquidLife’s claims for damages, in the event of withdrawal, services or partial services already provided must be invoiced and paid for in accordance with the contract. This also applies if the delivery or service has not yet been accepted by the buyer, as well as for preparatory actions performed by LiquidLife. Instead of this, LiquidLife also has the right to demand the return of items that have already been delivered.
   4. If the contractual partner withdraws from the contract for reasons for which LiquidLife is not responsible, compensation for damages in the amount of the expenses incurred by LiquidLife that can be proven, but at least 30% of the net order value, shall be deemed agreed. The judicial right of moderation is excluded.

8. Copyright and Use Rights
   1. Statutory copyrights of the advertising graphics designer on his work are indispensable.
   2. The client is obliged to ensure that the services of the advertising graphics designer are only used for the agreed purpose of the order.
   3. The rights of use granted to the customer may only be transferred to third parties for a fee or free of charge with the express consent of the advertising graphics designer as the author. In the event of further use beyond this, the author must always be consulted.
   4. The customer is only authorized to use the copyrighted services in the agreed manner after proper payment of the agreed fee.
   5. Works protected by copyright may not be changed either in the original or in the reproduction without the permission of the author. Imitations of any kind are not permitted.
   6. The design originals remain the property of the author and can be reclaimed after they have been used. Archiving takes place after consultation (especially regarding the duration).
   7. If copyright services of the advertising graphics designer are used beyond the agreed form, purpose and scope, the customer is obliged to pay the advertising graphics designer a further reasonable fee for this. This also applies in the case of a new edition of a printed work.
   8. In the case of services provided by the advertising graphics designer that are protected by copyright and the scope of use of which has not yet been determined when the contract is concluded or which are suitable as a commercial object in commercial transactions for unrestricted use, the fee consists of two parts: 1. a fee for the drafting of the original and 2. as a Remuneration for the unrestricted transfer of usage rights (copyright).
   9. If the remuneration for the unrestricted transfer of all rights of use was not expressly specified when the contract was concluded, then in case of doubt the agreed fee merely represents the remuneration for the preparation of the commissioned services.
   10. The advertising graphics designer is entitled to affix his company wording, including the associated corporate design, to any object designed and executed by him in an appropriate size.

9. duty of confidentiality
   1. The advertising graphics designer treats all internal processes and received information, which have become known to him through the work at and with the customer, strictly confidential; in particular, order-related documents are only made accessible to third parties with the express consent of the customer.
   2. The advertising graphics designer must encourage his employees to observe these principles; he vouches for their behavior.

10. Warranty, Liability, Disclaimer
    1. The warranty period is 12 months starting with delivery (without assembly) or acceptance (with assembly) at the contractual partner. Proper maintenance by the contractual partner is a prerequisite for claiming warranty rights.

1. 2. Our deliveries and services are to be inspected immediately by the contractual partner for any delivery damage, quantity discrepancies, etc. and checked to ensure they are free of defects. Complaints about defects are to be made in writing by the contractual partner immediately, but no later than three days after receipt of the delivery, otherwise warranty claims and claims for damages are excluded.

1. 3. Defects or claims of the contractual partner against us do not entitle the contractual partner to withhold part or all of the amounts invoiced by us or to object that the contract has not been properly fulfilled. The prerequisite for the assertion of warranty rights and claims for damages by the contractual partner or buyer of the goods is that the contractual partner can prove the existence of the defect at the time of delivery or the transfer of risk. Contrary to the presumption of §§ 924, 1298 ABGB, the contractual partner is in any case responsible for proving fault and the proof of the defectiveness of the goods at the time of the transfer of risk.

1. 4. In the event of a timely and justified notice of defects, we will remedy the defect, replace or credit or reduce the price at our discretion against return or after examination of the defective goods. Other claims such as rescission, withdrawal from the contract, avoidance of error or consequences of defects, in particular liability for consequential damage (damage to property and/or personal injury), loss of profit, etc., including those resulting from delay, are excluded in any case. Warranty rights or claims for damages by the contractual partner no longer exist after processing of the delivered goods, repairs, changes, assembly, poor maintenance, non-observance of our instructions or improper use/assembly by him, his assistants or third parties.

1. 5. Improvements, attempts at improvement or subsequent deliveries do not extend or interrupt the warranty period. In particular, there is no extension of the warranty period if improvements or attempts at improvement take place outside the warranty period of 12 months.

1. 6. Claims for recourse against us, especially in the event that claims are made against the contractual partner due to defects for which we are responsible (§ 933b ABGB), are excluded.

1. 7. Statements by us designated as “guarantee” only represent statutory (extended) warranty promises and not guarantees. The manufacturer’s guarantee applies to modules, mounting frames and inverters.

1. 8. In principle, we are only liable for damage to the contractual partner or third parties in the event of intent or gross negligence, which is to be equated with intent. In any case, fault must be proven by the contractual partner. Our liability for consequential damage, indirect (consequential) damage, legal costs, loss of profit, loss of use or loss of use of the contractual partner or third parties is excluded, as are claims for damages and error avoidance claims arising from any defective delivery or service disruption. Claims for damages against us must be asserted in court within one year of knowledge of the event that caused the damage, otherwise they will become statute-barred or otherwise be lost.

1. 9. We are not obliged to check the documents provided (plans, drawings, sample calculations, technical descriptions, official permits, etc.) for their correctness, or the materials provided or existing roof structures for their suitability and compatibility with the commissioned services. The contractual partner guarantees the correctness, suitability and compatibility of the documents/substances provided. We are not obliged to carry out special checks or measurements (preliminary work by third parties, existing structures, etc.). With regard to circumstances and circumstances of a technical or factual nature that lie outside the agreed scope of offer and delivery, we have no obligation to check, warn or inform. We are not liable for negative consequences resulting from the obvious or
   10. LiquidLife is only liable for damage outside the scope of the Product Liability Act if intent or gross negligence can be proven within the framework of the statutory provisions. Liability for slight negligence, compensation for consequential damage and financial loss, savings not achieved, lost profits, loss of interest and damage from third-party claims against the buyer are excluded. In particular, any claims in the event of an Internet server failure are excluded. Otherwise, LiquidLife’s liability is subject to § 23 FMG, so that LiquidLife’s obligation to pay compensation to a single injured party is limited to EUR 10,000.
   11. In the event of non-compliance with any conditions for assembly, commissioning and use (such as those contained in the operating instructions) or the official approval conditions, any compensation is excluded.
   12. LiquidLife is released from any liability with regard to third-party claims against our contractual partner when using a “live cam”. Legal regulations for the use of such a device must be fulfilled by the contractual partner.
   13. Furthermore, LiquidLife is not liable for texts, images and films as well as links that are published in the maintenance areas by the contractual partner.
   14. LiquidLife is not liable for images, logos, text and multimedia material provided by the contractual partner for publication in print media, flyers, business cards, catalogs or websites.
   15. Furthermore, the payment of copyright fees and AKM fees is the task of the contractual partner. The contractual partner is specifically advised to pay these taxes.

11. Software Terms
    1. Software, within the meaning of these conditions, are programs made available under a license for use on, for the operation or for the control of electronic and/or electronic devices and systems including websites; this also includes software specifications provided for this purpose.
    2. If software is made available to the user for the operation of systems or devices (hardware) that LiquidLife has supplied, the user receives the non-transferable and non-exclusive right to use the software in compliance with the contractual specifications at the agreed installation site and exclusively for Operation of the contractual hardware. All other rights to the software are reserved by the licensor; In particular, the user is not entitled to reproduce or change the software, make it accessible to third parties or use it on hardware other than the contractual hardware without the user’s prior written consent.
    3. If software is provided that is not related to hardware deliveries, the user may only use the software in accordance with the provisions and in the sense of point 7.2 on the systems and devices that are specified in the contract according to type, number and installation location.

12. Privacy and Security
    1. LiquidLife is entitled to store and evaluate connection data, in particular source and destination IPs and all other log files, in addition to evaluation for billing purposes, to protect its own account and that of third parties. Furthermore, this data may be used to rectify technical defects.
    2. LiquidLife employees are subject to the confidentiality obligation of the Telecommunications Act and the confidentiality obligation of the Data Protection Act. Personal data and data of the user are not viewed. Even the mere fact that an exchange of messages has taken place is subject to confidentiality. However, routing and domain information must be passed on.
    3. LiquidLife saves all master data of customers and participants (title, first name, last name, date of birth, company, address, industry, request date, payment modalities, incoming payments, accounting). This master data is processed automatically and will not be passed on without the written consent of the participant. In accordance with the obligation set out in § 31 of the FMG 1993, LiquidLife creates a public directory of participants in which first and last name, title, company, address and Internet address appear. This entry can be omitted at the express written request of the participant. Content data can be stored to the extent absolutely necessary for billing. However, content data is not stored beyond the technically necessary minimum and is under no circumstances evaluated.
    4. LiquidLife takes all technically possible measures to protect the customer data stored with it. However, LiquidLife is not liable if third parties illegally gain possession of this data and continue to use it. The assertion of damages by the contracting party or third parties against LiquidLife from such a context is mutually excluded.
    5. LiquidLife reserves the right to physically and/or logically disconnect customers from the Internet immediately and without warning if there is reasonable suspicion that network activities are emanating from their connection that are either dangerous to the security or operation of the LiquidLife or other computers . The costs of detecting and tracking the activities, the interruption of the connection and any repairs will be charged to the contractual partner at the hourly rates usually charged by LiquidLife at the respective time.
    6. LiquidLife reserves the right to place customers’ names, Internet addresses and the type of service on a reference list and to make these available to other customers and interested parties upon request. At the express written request of the customer, the customer is not named in a reference list.

13. Additional Rules for Firewalls
    1. When setting up, operating and checking firewalls, LiquidLife proceeds with the greatest possible care and in accordance with the state of the art, but points out that absolute security (100%) of firewall systems cannot be guaranteed. Liability on the part of LiquidLife from the title of the warranty or compensation for disadvantages arising from the fact that the firewall system installed, operated or checked at the contractual partner is circumvented or disabled is therefore excluded.
    2. LiquidLife points out that it accepts no liability whatsoever for user errors in the area of the contractual partner. The same applies to unauthorized changes to the software or components without the consent of LiquidLife.

14. User Obligations
    1. The user is solely responsible for
       1. Choosing from the software provided by Licensor;
       2. The use of the software and the results obtained with it;
       3. Safeguarding all of the licensor’s rights (e.g. industrial property rights, copyrights including the right to a copyright notice) to the software and safeguarding the licensor’s claims to non-disclosure of trade and business secrets, also by his employees and vicarious agents or third parties. This also applies if the software has been modified or linked to other programs. This obligation remains in effect even after the contract has ended.

15. delivery of software
    1. By ordering licensed software from third parties (Microsoft), the contractual partner confirms to LiquidLife that he is aware of the scope of these software license terms. LiquidLife only makes software from third parties available within the framework specified by the license terms of this third party. These will be made available on request – if necessary only in the original language. When using software from a third party, the user does not become a contractual partner of this third party. LiquidLife makes such software available as part of its range of services, without the user having any legal entitlement to it.
    2. LiquidLife assumes no liability whatsoever for software that is classified as “public domain” or as “shareware”. The terms of use specified by the respective developer for this software or any license regulations must be observed.
    3. In the case of software created by LiquidLife, the scope of services is determined by a service description (system analysis) countersigned by the contractual partner. The delivery includes the program code that can be executed on the designated systems. All rights to the programs and documentation remain with LiquidLife.
    4. LiquidLife does not guarantee that
       1. the software supplied meets all the requirements of the contractual partner, unless this was expressly made part of the contract;
       2. cooperates with other programs of the contractual partner and
       3. the software works at all times and without errors.
       4. Furthermore, LiquidLife does not guarantee that all software errors can be corrected. The warranty is limited to reproducible defects in the program function.
    5. The transfer of software to third parties, including short-term transfer, is excluded in any case.

16. retention of title:
    1. The goods delivered by us remain our property until all invoice amounts have been paid in full, including all ancillary claims such as interest and operating costs from all deliveries.

1. 2. A pledging, security transfer or other encumbrance of the goods subject to retention of title is not permitted for the duration of our ownership rights. Access by third parties to the reserved property must be reported immediately.

1. 3. The contractual partner assigns to us in advance the insurance or damage claims arising from the destruction or damage of the goods subject to retention of title or undertakes to ensure that these claims are assigned properly.

1. 4. We are entitled to demand the immediate return of the goods that have been delivered but not yet paid for in full if the contractual partner does not meet his payment obligations to us on time and in full, or if bankruptcy or composition proceedings are applied for or opened against the contractual partner’s assets, the contractual partner stops payments or approaches its creditors to conclude an out-of-court settlement. The assertion of the retention of title does not count as withdrawal from the contract, which is why the contractual partner remains obliged to pay the purchase price in any case. Our claim for damages due to non-performance remains unaffected in any case.

17. Additional Terms
    1. LiquidLife points out that it assumes no liability whatsoever for application errors in the area of the contractual partner. The same applies to unauthorized changes to the software or configuration without the consent of LiquidLife.
    2. The use of LiquidLife’s services by third parties and the transfer of LiquidLife’s services to third parties for a fee requires LiquidLife’s express written consent.
    3. In the case of sponsorship activities carried out by LiquidLife, the material made available is owned by LiquidLife. In the event of termination of the sponsorship, it is not possible for the sponsored party to take over the layouts and data, as this is the intellectual property of LiquidLife.
    4. The contractual partner recognizes the need to comply with “netiquette”, those standards of behavior to which Internet users around the world voluntarily submit. If complaints about the contractual partner are brought to LiquidLife from the Internet in this regard, LiquidLife is entitled to terminate the contractual relationship in the event of a recurrence. Furthermore, we reserve the right to charge for the time required for processing at the hourly rate valid at the time.
    5. In the case of usage contracts for application software, these General Terms and Conditions apply insofar as these contracts do not expressly provide for other provisions.
    6. The listed prices do not include
       1. costs incurred at the location of the contractual partner
       2. the costs of equipment (hardware and software) that would be necessary for the exclusive use by the contractual partner of software parts located on the Internet (e.g. chat room or pin boards).
       3. Also not included are costs that may be charged by third parties for the use of the services, such as Internet access or telephone charges.
       4. The costs for the conversion of existing websites, including the time required for processing, will be charged to the contractual partner at the hourly rate valid at the time.
    7. LiquidLife operates, supports and maintains the services offered with the greatest possible care, reliability and availability. However, LiquidLife does not guarantee that these services will be accessible without interruption, that the desired connections can be established at any time, or that stored data will be retained under all circumstances.
    8. LiquidLife is also not liable for the content of the data transmitted or for the content, for example, of data that is accessible through our services.
    9. LiquidLife is also not liable for the correctness of the data, this should be checked by the contractual partners in the order confirmation. If, despite this, there should be errors in the content, LiquidLife is completely excluded from liability. However, the costs for the correction in such a case will be borne by LiquidLife. LiquidLife is only liable for damage outside the scope of the Product Liability Act if intent or gross negligence can be proven within the framework of the statutory provisions. Liability for slight negligence, compensation for consequential damage and financial loss, savings not achieved, lost profits, loss of interest and damage from third-party claims against the buyer are excluded.
    10. LiquidLife reserves the right to prevent its contractual partners from transporting data or services that are contrary to Austrian law, international conventions or good morals, but is not obliged to take any steps.
    11. LiquidLife’s contractual partner is expressly referred to the provisions of the Pornography Act, BGBI 1950/97 as amended, the Prohibition Act of May 8, 1945, StBGI 13 as amended and the relevant provisions of the Criminal Code, according to which the transmission, distribution and exhibition of certain content is subject to legal restrictions. The contractual partner undertakes towards LiquidLife to observe these and all other possibly relevant legal provisions and to assume sole responsibility for compliance with these legal provisions.
    12. LiquidLife will provide other agreed services for hardware and software provided (e.g. installations, functional extensions, etc.) to the extent that is possible under the technical conditions provided by the contractual partner. LiquidLife does not guarantee that all functional requirements of the contractual partner can be produced from the components provided.

18. Other Provisions
    1. Unless otherwise agreed and subject to mandatory provisions of the Consumer Protection Act, the statutory provisions applicable between registered traders shall apply. Place of jurisdiction is Klagenfurt.
    2. The placing of orders and billing is independent of the granting of funding (from any funding agency). Since the funding is awarded by third parties, a deduction or offsetting of funding amounts cannot be accepted.
    3. All notifications and declarations relating to this contractual relationship are only valid if they are made in writing.
    4. LiquidLife is authorized at its own risk to commission other entrepreneurs to provide services from this contractual relationship, but is in no way liable for failures by these companies.
    5. When concluding a maintenance contract, the respective fees are only to be credited to the respective month. There is no possibility of offsetting or adding up. It should also be noted that it is the customer’s duty to make data available and to take action for changes. It is not LiquidLife’s responsibility to seek changes. Changes can only be made by the customer.