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1. The Stiftungstreuhand GmbH, with its headquarters in Austria, 4020 Linz, Landstraße 45, hereafter called "Masterterminal", operates a global Internet database in Austria, in which companies, representatives of professions and other self-employed persons, associations and institutions, are presented. Master Terminal issues worldwide licenses for creating and using so-called "MasterPages." The respective General Masterterminal Agency, hereinafter referred to as "the Contractor", is by virtue of a license agreement authorized to create, or have created socalled "set-ups" for MasterPages in his own name and on its own account for payment of a onetime flat setup rate and use these MasterPages within the scope of the services and provisions of the user contracts against the payment of ongoing licensing fees in the country where the contracting party is headquartered.
The contractor has the right to present or transfer the contract to Masterterminal or another third party, i.e. in full satisfaction of the debt. The client is already providing his consent.
2. The service content defined in this contract only applies as promised properties within the scope of Section 922 of the Austrian Civil Code. In addition, only the documents expressly marked by Masterterminal can apply, namely to the extent, in which they are referred to. In addition, statements by third parties, in particular by consultants, do not become a service content.
3. The contractor accepts the commissioning by transmitting the contractor's data to the client, through which the client obtains access to MyServiceBox. The setup and configuration (setup) of the MasterPage is based on the information provided by the client and on the basis of the documents he provided. The contractor shall provide for the compilation of the necessary MasterPage template within 2 weeks from receipt of the access data to MyServiceBox to the address provided by the contractor. In the event that the client does not transfer the presentations in time or in full, the contractor is entitled to design the Master Page freely. The client receives a notification on the accessibility of the German demo version. Following the confirmation of the client in terms of accuracy and legality of all information contained in the MasterPage, including a link to accessible information, this information will be published (released) within the scope of the services, information and products offered by Masterterminal. If the client does not notify the contractor within 5 working days from receipt of the notification of the retrievability of the demo version that he is not in agreement with the content of the demo version of the MasterPage, it is considered as a release and the demo version of the MasterPage will be released by the contractor.
4. The basis for using the MasterPage by the client is the present contract between the client and the contractor. At the conclusion of the usage contract, the client obtains the right to use of the MasterPage, which was set up and configured within the scope of the services and products offered by Masterterminal. The client is committed to pay a license fee of EUR 240.00 (two hundred and forty euros) per year for 12 months be paid in advance, in addition to the one-time package price of EUR 290.00 (two hundred and ninety euros) for the MasterPage setup, . The license agreement is signed for a period of 12 to 36 months and extended for a further 12 months (contract period), if it is not cancelled in writing by one of the contracting parties before the expiry of 3 months. The first contract period for calculating the licence fee starts with the first of each calendar month, which follows the date of activation of the MasterPage.
5. The current licence fee (MasterPage license) is a flat fee, regardless of how many language versions the client has decided. The contractor is entitled to adjust the licence fee to the changed conditions whereby a retroactive increase in the licence fee for the current contract period is not valid. The client can terminate the use contract for this reason within no more than 30 days after the receipt of the notification of the adjustment. The effectiveness of the termination must be in writing. In this case, the contractual relationship ends at current contract period at the expiration of the time of the receipt of the termination.
6. The billing by contractor is done simultaneously with the transmission of the access data for MyServiceBox. Bills can also be sent by e-mail. Changes / additions to the MasterPage must be submitted immediately to the responsible Masterterminal editorial staff by the client, if possible, via the internet. Changes / additions of a released MasterPage will be charged separately. The cost of changes and additions depend on the price list in its current version. Masterterminal and the contractor expressly reserve the right, without providing reasons, not to accept setup orders and not sign license agreements and 7x7 partner licenses.
7. The client is entitled to a personal storage space on the internet, which can be used via the communication services of Masterterminal, his own content management to establish personal webpages, Secure Mail and Secure Space. Masterterminal and the contractor are not responsible for the content of the files stored on this storage space and the information, which is accessible via a link. The right of the client for using the MasterPage is exclusively based on the use within the scope of the services and products offered by Masterterminal and is not transferrable. Any other use of the MasterPage, except the use of the presentation text for business partners or press information or other advertising or PR purposes, is not permitted. The client is committed to comply with the applicable terms of use and legal notices for the use of the services and products offered by the contractor. The applicable terms of use and legal notices are published under www.masterterminal.com. The contractor has the right to close the MasterPage of the client or parts thereof in the event of violations of this contract or of the terms of use or the legal notices. Contents, which violate applicable law or offenses against common decency or which violate the rights of a third party, may not be published by the client on this storage space or via links. The client indemnifies Masterterminal and the contractor from all claims by third parties within this conjunction. Masterterminal retains the right - undisputed from other suitable legal remedies, to delete or remove any contents that violate rights or are unethical and contents that violate the rights of third parties, immediately after obtaining knowledge thereof and close the MasterPage in question. A claim for repayment of the already paid costs and fees does not exist in the cases referred regarding the closure.
8. The client is entitled to a monthly data transfer volume within the scope of the use of a small to average company for his Master Page. An excessive use of this offer, such as instituting an online platform, an auction exchange, offering commercial music or video downloads, or the provision of other services, based on an excessive use of the available data transfer volume, represents unfair use and entitles the contractor to close the cleint's MasterPage, if the excessive exploitation and the excessive use of these services will not cease within 14 days after the request by Masterterminal or by the contractor. A claim for repayment of the already paid costs and fees does not exist in the cases mentioned regarding the closure.
9. The setup costs and license fees, including the cost of language versions are immediately due after the transmission of the access data for MyServiceBox and must be paid by the client to the bank account listed on the contractor's invoice. The translation of the company's profile in the other language versions will be completed after receiving payment of all costs and fees incurred by this contract. In the event of payment default and violations of the accuracy and legality of the MasterPage information contained therein, including information accessible via a link, the contractor reserves the right to close the client's MasterPage at any time - regardless of other appropriate steps. A claim for repayment of the already paid costs and fees does not exist in this case.
10. All prices are subject to any statutory sales or value added tax. The cost of the internet access and the ongoing costs of the client's regional internet provider are not included in the mentioned prices. A client's separate internet access is not a condition, but is recommended for the effective use of all services offered by Masterterminal.
11. Provided these provisions do not result otherwise, further claims by the client - on whatever legal grounds - are excluded. The contractor provides compensation only for gross negligence, a liability for ordinary negligence is ruled out in any case. The burden of proof that the contractor acted with gross negligence or acted intentionally, is that of the client. For compensation claims - for whatever reason - a statutory period of limitation of one year applies. The contractor especially does not guarantee an uninterrupted, error-free and secure operation of the Masterterminal website.
12. The 7x7 partner program:
With the acquisition of a one-time 7x7 partner license, the client becomes a 7x7 partner and therefore participates in the 7x7 partner program. The client as 7x7 partner is compensated at 7.00 Euros per year of the valid contract of the new 7x7 partner for each recommendation of a new 7x7 partner, which results in a full contract (MasterPage setup, MasterPage license and 7x7 partner license) with the contractor (successful recommendation). This compensation also applies to the recommendation of another new 7x7 partner successfully recommended recommended by the client. The compensation claim is valid for up to 7x7 recommended new partners in the 7th Generation after the client.
All 7x7 partners of the partner group are automatically entered in the personal address book of the 7x7 partner in MyServiceBox In the case of the first successful recommendation of a 7x7 partner, the costs for the 7x7 partner license are automatically reimbursed to the client at the end of the contract period with the annual settlement.
The entitlement for compensation by the client as a 7x7 partner occurs with the arrival of the entire from the respective contract period of the new 7x7 partner. All payments will be credited to the client's account of the client account up to the amount of the annual user fee. The settlement will take place once a year, at the end of a client's contract year. Once the annual licensing fee of the client exceed the compensations of this annual settlement including the return of the costs of the 7x7 partner license, they will be paid to the client within one month after the settlement.
By the end of the current contract, the client's participation in the 7x7 partner model ends automatically and therefore also all of his entitlements for compensation.
13. These terms are the business base for all business relationships in connection with the services and products offered by Masterterminal and are an integrating contract part of all contracts between Masterterminal, the contractor and the client The client is committed to comply with the current version of the terms and conditions published on the Masterterminal website, www.masterterminal.com "Legal", provided they do not contradict specific provisions of the contract or these general terms and conditions.
14. In particular, all legal transactions between the client and the contractor subject to this contract and the terms and conditions are subject to Austrian substantive law, but exclude the reference standards, to the extent that these refer to foreign law.
15. The place of fulfillment for all services in this contract is the seat of Masterterminal in 4020 Linz. The relevant court in Linz/Austria is agreed as jurisdiction for all disputes resulting from or in connection with this contract. The contractor shall be entitled to sue the client at his choice at any court that may have jurisdiction according to national and international law, especially at the court of the headquarters of the client.
16. The client is granting his agreement that the contractor has automatically stored, processed the client's data within the scope of his contract and therefore forwards this to third parties provided it is necessary for the fulfillment of the contract, especially to Masterterminal.
This is only a translation of the German version. Only the German version is applicable.
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