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VisoTech Softwareentwicklungsges.m.b.H.

Media Owner

Information according to § 5 E-Commerce-Gesetz and § 25 Mediengesetz.

Responsible for text, image and content:
VisoTech Softwareentwicklungsges.m.b.H.
Lemböckgasse 49/1A/OG 5
1230 Vienna
Phone: +43 1 609 22 90
Fax: +43 1 609 22 90 – 800
E-Mail: contact@visotech.com

FB Court: Handelsgericht Wien
FN 252160z
UID Number: ATU61103013

Contents: © 2016, 2017 VisoTech Softwareentwicklungsges.m.b.H.

Concept & Webdesign: KEINE AGENTUR / richard wimmer (AD/CD)

Webprogrammierung: markus stefan websolutions

Usage rights: © Andy Ilmberger / Fotolia.com; © rcfotostock / Fotolia.com; © kflgalore / Fotolia.com; © Kurt Kleemann / Fotolia.com; © Thorsten Schier / Fotolia.com; © focus finder / Fotolia.com

Exclusion of liability (website)

VisoTech Softwareentwicklungsges.m.b.H. shall not be held liable in any way for the thoroughness, accuracy and up-to-date nature of the information provided on this website. 

Liability for Links

Our offer includes links to external third party websites. We have no influence on the contents of those websites, therefore we cannot guarantee for those contents. Providers or administrators of linked websites are always responsible for their own contents.

The linked websites had been checked for possible violations of law at the time of the establishment of the link. Illegal contents were not detected at the time of the linking. A permanent monitoring of the contents of linked websites cannot be imposed without reasonable indications that there has been a violation of law. Illegal links will be removed immediately at the time we get knowledge of them.

Copyright

Contents and compilations published on these websites by the providers are subject to German copyright laws. Reproduction, editing, distribution as well as the use of any kind outside the scope of the copyright law require a written permission of the author or originator. Downloads and copies of these websites are permitted for private use only.
The commercial use of our contents without permission of the originator is prohibited.

Copyright laws of third parties are respected as long as the contents on these websites do not originate from the provider. Contributions of third parties on this site are indicated as such. However, if you notice any violations of copyright law, please inform us. Such contents will be removed immediately.

Privacy Policy

1. An overview of data protection

General

The following gives a simple overview of what happens to your personal information when you visit our website. Personal information is any data with which you could be personally identified. Detailed information on the subject of data protection can be found in our privacy policy found below.
Data collection on our website

Who is responsible for the data collection on this website?

The data collected on this website are processed by the website operator. The operator’s contact details can be found in the website’s required legal notice.

How do we collect your data?

Some data are collected when you provide it to us. This could, for example, be data you enter on a contact form.

Other data are collected automatically by our IT systems when you visit the website. These data are primarily technical data such as the browser and operating system you are using or when you accessed the page. These data are collected automatically as soon as you enter our website.

What do we use your data for?

Part of the data is collected to ensure the proper functioning of the website. Other data can be used to analyze how visitors use the site.

What rights do you have regarding your data?

You always have the right to request information about your stored data, its origin, its recipients, and the purpose of its collection at no charge. You also have the right to request that it be corrected, blocked, or deleted. You can contact us at any time using the address given in the legal notice if you have further questions about the issue of privacy and data protection. You may also, of course, file a complaint with the competent regulatory authorities.

Analytics and third-party tools

When visiting our website, statistical analyses may be made of your surfing behavior. This happens primarily using cookies and analytics. The analysis of your surfing behavior is usually anonymous, i.e. we will not be able to identify you from this data. You can object to this analysis or prevent it by not using certain tools. Details can be found in our privacy policy under the heading “Third-party modules and analytics.”

You can object to this analysis. We will inform you below about how to exercise your options in this regard.

2. General information and mandatory information

Data protection

The operators of this website take the protection of your personal data very seriously. We treat your personal data as confidential and in accordance with the statutory data protection regulations and this privacy policy.

If you use this website, various pieces of personal data will be collected. Personal information is any data with which you could be personally identified. This privacy policy explains what information we collect and what we use it for. It also explains how and for what purpose this happens.

Please note that data transmitted via the internet (e.g. via email communication) may be subject to security breaches. Complete protection of your data from third-party access is not possible.

Notice concerning the party responsible for this website

The party responsible for processing data on this website is:

VisoTech Softwareentwicklungsges.m.b.H.
Lemböckgasse 49/1A/OG 5
1230 Wien

Telephone: +43 1 609 22 90
Email: contact@visotech.com

The responsible party is the natural or legal person who alone or jointly with others decides on the purposes and means of processing personal data (names, email addresses, etc.).

Revocation of your consent to the processing of your data

Many data processing operations are only possible with your express consent. You may revoke your consent at any time with future effect. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.
Right to file complaints with regulatory authorities

If there has been a breach of data protection legislation, the person affected may file a complaint with the competent regulatory authorities. The competent regulatory authority for matters related to data protection legislation is the data protection officer of the German state in which our company is headquartered. A list of data protection officers and their contact details can be found at the following link: https://www.bfdi.bund.de/DE/Infothek/Anschriften_Links/anschriften_links-node.html.

Right to data portability

You have the right to have data which we process based on your consent or in fulfillment of a contract automatically delivered to yourself or to a third party in a standard, machine-readable format. If you require the direct transfer of data to another responsible party, this will only be done to the extent technically feasible.

SSL or TLS encryption

This site uses SSL or TLS encryption for security reasons and for the protection of the transmission of confidential content, such as the inquiries you send to us as the site operator. You can recognize an encrypted connection in your browser’s address line when it changes from “http://” to “https://” and the lock icon is displayed in your browser’s address bar.

If SSL or TLS encryption is activated, the data you transfer to us cannot be read by third parties.

Information, blocking, deletion

As permitted by law, you have the right to be provided at any time with information free of charge about any of your personal data that is stored as well as its origin, the recipient and the purpose for which it has been processed. You also have the right to have this data corrected, blocked or deleted. You can contact us at any time using the address given in our legal notice if you have further questions on the topic of personal data.

Opposition to promotional emails

We hereby expressly prohibit the use of contact data published in the context of website legal notice requirements with regard to sending promotional and informational materials not expressly requested. The website operator reserves the right to take specific legal action if unsolicited advertising material, such as email spam, is received.

3. Data collection on our website

Cookies

Some of our web pages use cookies. Cookies do not harm your computer and do not contain any viruses. Cookies help make our website more user-friendly, efficient, and secure. Cookies are small text files that are stored on your computer and saved by your browser.

Most of the cookies we use are so-called “session cookies.” They are automatically deleted after your visit. Other cookies remain in your device’s memory until you delete them. These cookies make it possible to recognize your browser when you next visit the site.

You can configure your browser to inform you about the use of cookies so that you can decide on a case-by-case basis whether to accept or reject a cookie. Alternatively, your browser can be configured to automatically accept cookies under certain conditions or to always reject them, or to automatically delete cookies when closing your browser. Disabling cookies may limit the functionality of this website.

Cookies which are necessary to allow electronic communications or to provide certain functions you wish to use (such as the shopping cart) are stored pursuant to Art. 6 paragraph 1, letter f of DSGVO. The website operator has a legitimate interest in the storage of cookies to ensure an optimized service provided free of technical errors. If other cookies (such as those used to analyze your surfing behavior) are also stored, they will be treated separately in this privacy policy.

Contact form

Should you send us questions via the contact form, we will collect the data entered on the form, including the contact details you provide, to answer your question and any follow-up questions. We do not share this information without your permission.

We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1)(a) DSGVO. You may revoke your consent at any time. An informal email making this request is sufficient. The data processed before we receive your request may still be legally processed.

We will retain the data you provide on the contact form until you request its deletion, revoke your consent for its storage, or the purpose for its storage no longer pertains (e.g. after fulfilling your request). Any mandatory statutory provisions, especially those regarding mandatory data retention periods, remain unaffected by this provision.

4. Social media

Facebook plugins (Like & Share buttons)

Our website includes plugins for the social network Facebook, Facebook Inc., 1 Hacker Way, Menlo Park, California 94025, USA. The Facebook plugins can be recognized by the Facebook logo or the Like button on our site. For an overview of Facebook plugins, see https://developers.facebook.com/docs/plugins/.

When you visit our site, a direct connection between your browser and the Facebook server is established via the plugin. This enables Facebook to receive information that you have visited our site from your IP address. If you click on the Facebook “Like button” while you are logged into your Facebook account, you can link the content of our site to your Facebook profile. This allows Facebook to associate visits to our site with your user account. Please note that, as the operator of this site, we have no knowledge of the content of the data transmitted to Facebook or of how Facebook uses these data. For more information, please see Facebook’s privacy policy at https://de-de.facebook.com/policy.php.

If you do not want Facebook to associate your visit to our site with your Facebook account, please log out of your Facebook account.

Twitter plugin

Functions of the Twitter service have been integrated into our website and app. These features are offered by Twitter Inc., 1355 Market Street, Suite 900, San Francisco, CA 94103, USA. When you use Twitter and the “Retweet” function, the websites you visit are connected to your Twitter account and made known to other users. In doing so, data will also be transferred to Twitter. We would like to point out that, as the provider of these pages, we have no knowledge of the content of the data transmitted or how it will be used by Twitter. For more information on Twitter’s privacy policy, please go to https://twitter.com/privacy.

Your privacy preferences with Twitter can be modified in your account settings at https://twitter.com/account/settings.

LinkedIn plugin

Our site uses functions from the LinkedIn network. The service is provided by LinkedIn Corporation, 2029 Stierlin Court, Mountain View, CA 94043, USA.

Each time one of our pages containing LinkedIn features is accessed, your browser establishes a direct connection to the LinkedIn servers. LinkedIn is informed that you have visited our web pages from your IP address. If you use the LinkedIn “Recommend” button and are logged into your LinkedIn account, it is possible for LinkedIn to associate your visit to our website to your user account. We would like to point out that, as the provider of these pages, we have no knowledge of the content of the data transmitted or how it will be used by LinkedIn.

More information can be found in the LinkedIn privacy policy at https://www.linkedin.com/legal/privacy-policy.

5. Analytics and advertising

Google Analytics

This website uses Google Analytics, a web analytics service. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

Google Analytics uses so-called “cookies”. These are text files that are stored on your computer and that allow an analysis of the use of the website by you. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there.

Google Analytics cookies are stored based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in analyzing user behavior to optimize both its website and its advertising.

IP anonymization

We have activated the IP anonymization feature on this website. Your IP address will be shortened by Google within the European Union or other parties to the Agreement on the European Economic Area prior to transmission to the United States. Only in exceptional cases is the full IP address sent to a Google server in the US and shortened there. Google will use this information on behalf of the operator of this website to evaluate your use of the website, to compile reports on website activity, and to provide other services regarding website activity and Internet usage for the website operator. The IP address transmitted by your browser as part of Google Analytics will not be merged with any other data held by Google.

Browser plugin

You can prevent these cookies being stored by selecting the appropriate settings in your browser. However, we wish to point out that doing so may mean you will not be able to enjoy the full functionality of this website. You can also prevent the data generated by cookies about your use of the website (incl. your IP address) from being passed to Google, and the processing of these data by Google, by downloading and installing the browser plugin available at the following link: https://tools.google.com/dlpage/gaoptout?hl=en.

Alternatively you can click this link: Deactivate Google Analytics tracking

Objecting to the collection of data

You can prevent the collection of your data by Google Analytics by clicking on the following link. An opt-out cookie will be set to prevent your data from being collected on future visits to this site: Disable Google Analytics.

For more information about how Google Analytics handles user data, see Google’s privacy policy: https://support.google.com/analytics/answer/6004245?hl=en.

Outsourced data processing

We have entered into an agreement with Google for the outsourcing of our data processing and fully implement the strict requirements of the German data protection authorities when using Google Analytics.

Demographic data collection by Google Analytics

This website uses Google Analytics’ demographic features. This allows reports to be generated containing statements about the age, gender, and interests of site visitors. This data comes from interest-based advertising from Google and third-party visitor data. This collected data cannot be attributed to any specific individual person. You can disable this feature at any time by adjusting the ads settings in your Google account or you can forbid the collection of your data by Google Analytics as described in the section “Refusal of data collection”.

WordPress Stats

This website uses the WordPress Stats tool to perform statistical analyses of visitor traffic. This service is provided by Automattic Inc., 60 29th Street # 343, San Francisco, CA 94110-4929, USA.

WordPress Stats uses cookies that are stored on your computer and allow an analysis of the use of the website. The information generated by the cookies about the use of our website is stored on servers in the USA. Your IP address will be anonymized after processing and before storage.

WordPress Stats cookies remain on your device until you delete them.

The storage of “WordPress Stats” cookies is based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in analyzing user behavior to optimize both its website and its advertising.

You can configure your browser to inform you about the use of cookies so that you can decide on a case-by-case basis whether to accept or reject a cookie. Alternatively, your browser can be configured to automatically accept cookies under certain conditions or to always reject them, or to automatically delete cookies when closing your browser. The functionality of our services may be limited when cookies are disabled.

You can object to the collection and use of your data at any time with future effect by clicking on this link and setting an opt-out cookie in your browser: https://www.quantcast.com/opt-out/.

If you delete the cookies on your computer, you will have to set the opt-out cookie again.

Google Analytics Remarketing

Our websites use the features of Google Analytics Remarketing combined with the cross-device capabilities of Google AdWords and DoubleClick. This service is provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA.

This feature makes it possible to link target audiences for promotional marketing created with Google Analytics Remarketing to the cross-device capabilities of Google AdWords and Google DoubleClick. This allows advertising to be displayed based on your personal interests, identified based on your previous usage and surfing behavior on one device (e.g. your mobile phone), on other devices (such as a tablet or computer).

Once you have given your consent, Google will associate your web and app browsing history with your Google Account for this purpose. That way, any device that signs in to your Google Account can use the same personalized promotional messaging.

To support this feature, Google Analytics collects Google-authenticated IDs of users that are temporarily linked to our Google Analytics data to define and create audiences for cross-device ad promotion.

You can permanently opt out of cross-device remarketing/targeting by turning off personalized advertising in your Google Account; follow this link: https://www.google.com/settings/ads/onweb/.

The aggregation of the data collected in your Google Account data is based solely on your consent, which you may give or withdraw from Google per Art. 6 (1) (a) DSGVO. For data collection operations not merged into your Google Account (for example, because you do not have a Google Account or have objected to the merge), the collection of data is based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in analyzing anonymous user behavior for promotional purposes.

For more information and the Google Privacy Policy, go to: https://www.google.com/policies/technologies/ads/.

Google AdWords and Google Conversion Tracking

This website uses Google AdWords. AdWords is an online advertising program from Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, United States (“Google”).

As part of Google AdWords, we use so-called conversion tracking. When you click on an ad served by Google, a conversion tracking cookie is set. Cookies are small text files that your internet browser stores on your computer. These cookies expire after 30 days and are not used for personal identification of the user. Should the user visit certain pages of the website and the cookie has not yet expired, Google and the website can tell that the user clicked on the ad and proceeded to that page.

Each Google AdWords advertiser has a different cookie. Thus, cookies cannot be tracked using the website of an AdWords advertiser. The information obtained using the conversion cookie is used to create conversion statistics for the AdWords advertisers who have opted for conversion tracking. Customers are told the total number of users who clicked on their ad and were redirected to a conversion tracking tag page. However, advertisers do not obtain any information that can be used to personally identify users. If you do not want to participate in tracking, you can opt-out of this by easily disabling the Google Conversion Tracking cookie by changing your browser settings. In doing so, you will not be included in the conversion tracking statistics.

Conversion cookies are stored based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in analyzing user behavior to optimize both its website and its advertising.

For more information about Google AdWords and Google Conversion Tracking, see the Google Privacy Policy: https://www.google.de/policies/privacy/.

You can configure your browser to inform you about the use of cookies so that you can decide on a case-by-case basis whether to accept or reject a cookie. Alternatively, your browser can be configured to automatically accept cookies under certain conditions or to always reject them, or to automatically delete cookies when closing your browser. Disabling cookies may limit the functionality of this website.

Google reCAPTCHA

We use “Google reCAPTCHA” (hereinafter “reCAPTCHA”) on our websites. This service is provided by Google Inc., 1600 Amphitheater Parkway, Mountain View, CA 94043, USA (“Google”).

reCAPTCHA is used to check whether the data entered on our website (such as on a contact form) has been entered by a human or by an automated program. To do this, reCAPTCHA analyzes the behavior of the website visitor based on various characteristics. This analysis starts automatically as soon as the website visitor enters the website. For the analysis, reCAPTCHA evaluates various information (e.g. IP address, how long the visitor has been on the website, or mouse movements made by the user). The data collected during the analysis will be forwarded to Google.

The reCAPTCHA analyses take place completely in the background. Website visitors are not advised that such an analysis is taking place.

Data processing is based on Art. 6 (1) (f) DSGVO. The website operator has a legitimate interest in protecting its site from abusive automated crawling and spam.

For more information about Google reCAPTCHA and Google’s privacy policy, please visit the following links: https://www.google.com/intl/de/policies/privacy/ and https://www.google.com/recaptcha/intro/android.html.

SalesViewer® technology:

This website uses SalesViewer® technology from SalesViewer® GmbH on the basis of the website operator’s legitimate interests  (Section 6 paragraph 1 lit.f GDPR) in order to collect and save data on marketing, market research and optimisation purposes.

In order to do this, a javascript based code, which serves to capture company-related data and according website usage. The data captured using this technology are encrypted in a non-retrievable one-way function (so-called hashing). The data is immediately pseudonymised and is not used to identify website visitors personally.

The data recording and storage can be repealed at any time with immediate effect for the future, by clicking on https://www.salesviewer.com/opt-out in order to prevent SalesViewer® from recording your data. In this case, an opt-out cookie for this website is saved on your device. If you delete the cookies in the browser, you will need to click on this link again.

6. Newsletter

Newsletter data

If you would like to receive our newsletter, we require a valid email address as well as information that allows us to verify that you are the owner of the specified email address and that you agree to receive this newsletter. No additional data is collected or is only collected on a voluntary basis. We only use this data to send the requested information and do not pass it on to third parties.

We will, therefore, process any data you enter onto the contact form only with your consent per Art. 6 (1) (a) DSGVO. You can revoke consent to the storage of your data and email address as well as their use for sending the newsletter at any time, e.g. through the “unsubscribe” link in the newsletter. The data processed before we receive your request may still be legally processed.

The data provided when registering for the newsletter will be used to distribute the newsletter until you cancel your subscription when said data will be deleted. Data we have stored for other purposes (e.g. email addresses for the members area) remain unaffected.

MailChimp

This website uses the services of MailChimp to send newsletters. This service is provided by Rocket Science Group LLC, 675 Ponce De Leon Ave NE, Suite 5000, Atlanta, GA 30308, USA.

MailChimp is a service which organizes and analyzes the distribution of newsletters. If you provide data (e.g. your email address) to subscribe to our newsletter, it will be stored on MailChimp servers in the USA.

MailChimp is certified under the EU-US Privacy Shield. The Privacy Shield is an agreement between the European Union (EU) and the US to ensure compliance with European privacy standards in the United States.

We use MailChimp to analyze our newsletter campaigns. When you open an email sent by MailChimp, a file included in the email (called a web beacon) connects to MailChimp’s servers in the United States. This allows us to determine if a newsletter message has been opened and which links you click on. In addition, technical information is collected (e.g. time of retrieval, IP address, browser type, and operating system). This information cannot be assigned to a specific recipient. It is used exclusively for the statistical analysis of our newsletter campaigns. The results of these analyses can be used to better tailor future newsletters to your interests.

If you do not want your usage of the newsletter to be analyzed by MailChimp, you will have to unsubscribe from the newsletter. For this purpose, we provide a link in every newsletter we send. You can also unsubscribe from the newsletter directly on the website.

Data processing is based on Art. 6 (1) (a) DSGVO. You may revoke your consent at any time by unsubscribing to the newsletter. The data processed before we receive your request may still be legally processed.

The data provided when registering for the newsletter will be used to distribute the newsletter until you cancel your subscription when said data will be deleted from our servers and those of MailChimp. Data we have stored for other purposes (e.g. email addresses for the members area) remains unaffected.

For details, see the MailChimp privacy policy at https://mailchimp.com/legal/terms/.

7. Plugins and tools

YouTube

Our website uses plugins from YouTube, which is operated by Google. The operator of the pages is YouTube LLC, 901 Cherry Ave., San Bruno, CA 94066, USA.

If you visit one of our pages featuring a YouTube plugin, a connection to the YouTube servers is established. Here the YouTube server is informed about which of our pages you have visited.

If you’re logged in to your YouTube account, YouTube allows you to associate your browsing behavior directly with your personal profile. You can prevent this by logging out of your YouTube account.

YouTube is used to help make our website appealing. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.

Further information about handling user data, can be found in the data protection declaration of YouTube under https://www.google.de/intl/de/policies/privacy.

Google Web Fonts

For uniform representation of fonts, this page uses web fonts provided by Google. When you open a page, your browser loads the required web fonts into your browser cache to display texts and fonts correctly.

When you call up a page of our website that contains a social plugin, your browser makes a direct connection with Google servers. Google thus becomes aware that our web page was accessed via your IP address. The use of Google Web fonts is done in the interest of a uniform and attractive presentation of our website. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.

If your browser does not support web fonts, a standard font is used by your computer.

Further information about handling user data, can be found at https://developers.google.com/fonts/faq and in Google’s privacy policy at https://www.google.com/policies/privacy/.

Google Maps

This site uses the Google Maps map service via an API. It is operated by Google Inc., 1600 Amphitheatre Parkway, Mountain View, CA 94043, USA.

To use Google Maps, it is necessary to save your IP address. This information is generally transmitted to a Google server in the USA and stored there. The provider of this site has no influence on this data transfer.

The use of Google Maps is in the interest of making our website appealing and to facilitate the location of places specified by us on the website. This constitutes a justified interest pursuant to Art. 6 (1) (f) DSGVO.

Further information about handling user data, can be found in the data protection declaration of Google at https://www.google.de/intl/de/policies/privacy/.

VisoTech Softwareentwicklungsges.m.b.H. Terms and Conditions

 

1.    Preamble

1.1    The following terms and conditions are an integral part of all contracts and agreements with VisoTech Softwareentwicklungsges.m.b.H., Lemböckgasse 49/1A/5.OG, 1230 Vienna, subsequently referred to as VisoTech.

2.    Contract Scope and Validity

2.1    All orders and agreements are only legally binding once they have been confirmed in writing by VisoTech and only to the extent specified in the order confirmation.

2.2    The customer’s conditions of purchase are hereby excluded for the present legal transaction and the complete business relationship.

2.3    VisoTech can make the conclusion of the contract dependent on the submission of a written power of attorney, advance payment or declaration of surety from an Austrian bank.

2.4    Basis of contract is Austrian law. The legal venue is Vienna.

3.    Scope of Services

3.1    The services provided by VisoTech are always based on a technical specification. This is either provided by the customer or is drawn up by VisoTech using the documents provided. Depending on the agreement, the customer may be invoiced for the preparation of the technical specification.

3.2    A technical specification is only valid once it has been confirmed in writing by both parties.

3.3    VisoTech provides the services defined in the technical specification. VisoTech is authorised to provide services by way of a third party. If a subcontractor is not in the position to perform the functions assigned to them according to the specification and/or within the period prescribed, VisoTech will nominate an equivalent third party or take over the respective function itself and carry it out in accordance with the contract.

4.    Prices

4.1    All prices are quoted in Euro exclusive of VAT. They are only valid for the present order. The prices stated are quoted from VisoTech’s place of business.

4.2    Costs for travel expenses, daily allowances and overnight stays are charged to the client separately, in accordance with the respective valid rates. Travel time will be considered as working time.

4.3    VisoTech reserves the right to adjust or change prices. Permanent contract price changes are possible and will be communicated with reasonable notice.

5.    Delivery Date

5.1    VisoTech is to strive to keep to the agreed completion deadline as best possible.

5.2    The desired completion deadlines can only be kept if the customer provides all necessary work and documents by the deadlines set by VisoTech, in particular the technical specification accepted by the customer according to paragraph 3.1, and complies with their obligation to cooperate to the extent required.

5.3    Delivery delays and cost increases, which occur due to incorrect, incomplete or subsequently changed data and information or documents provided, cannot be apportioned to VisoTech and cannot be seen as a delay caused by VisoTech. The customer is to bear any resulting additional costs.

5.4    VisoTech is authorised to carry out partial deliveries and to submit partial invoices for orders which comprise of several units or programs.

6.    Delivery and Acceptance

6.1    After completion, VisoTech will notify the customer that the delivery is ready and a delivery date will be mutually agreed. This is to take place within a week of notification that the delivery is ready.

6.2    After delivery the customer is to promptly check and examine the services provided that they correspond to the technical specification. If the customer does not discover any defects, they are to confirm this in writing to VisoTech, whereby the services from VisoTech are then considered accepted. The services are also considered accepted if the customer does not permit the delivery within 5 working days or if they do not report any defects to VisoTech within 10 working days, or if the system is put into operation.

6.3    If significant defects are discovered by the customer upon acceptance, VisoTech will rectify these within an appropriate time frame and schedule a new acceptance deadline. Marginal defects do not entitle the customer to refuse the acceptance. They will be rectified by VisoTech, at its discretion, in the form of an improvement or appropriate price reduction.

7.    Payment

7.1    The invoices including VAT issued by VisoTech are to be paid at the latest 30 days from receiving the invoice without any deductions and charges. The payment conditions defined for the complete order are similarly valid for partial invoices.

7.2    VisoTech is authorised to submit an invoice after every individual unit or service is delivered for orders which comprise of several units (e.g. programs and/or training, implementation in stages).

7.3    Adherence to the agreed payment deadlines constitutes an essential condition for delivery and fulfilment of the contract by VisoTech. Non-adherence to the agreed payments entitles VisoTech to stop the current work and withdraw from the contract. All associated costs as well as the profit lost will be borne by the customer.

7.4    In case of late payment, interest on arrears will be charged at normal bank rates and 15.- EUR per reminder as reminder fees. If two instalments are not met, VisoTech is entitled to consider the payment target to have been missed and outstanding acceptances as due.

7.5    The customer is not authorised to withhold payments because of incomplete total delivery, guarantee or warranty claims or defects.

8.    Copyright and Use

8.1    All copyrights to the agreed services (programs, documentation etc.) belong to VisoTech or their licensers. The customer solely obtains the right to use the software after payment of the agreed remuneration exclusively for their own purposes, only for the hardware specified in the contract and to the extent of the number of licences purchased for simultaneous use on several workstations.

8.2    Only permission to use a copyrighted work is acquired by the present contract. Distribution by the customer is forbidden in accordance with copyright law. No rights to use specified in the present contract are acquired by the cooperation of the customer in the production of the software. Any violation of the contractor’s copyrights will result in claims for damages, in which case full compensation must be paid.

8.3    The customer is permitted to make copies for archival and data protection reasons on the condition that no explicit ban from the licenser or a third party is included in the software and that all copyright and property notices remain unchanged in the copied version.

8.4    If the interfaces are required to be disclosed in order to achieve interoperability of the present software, an order for this must be placed with VisoTech at an additional cost. If VisoTech does not comply with this request and decompilation follows in according with copyright law, the results are to be used exclusively for the production of interoperability.

9.    Right of Withdrawal

9.1    In the case that an agreed delivery period is exceeded due to the sole fault of VisoTech, the customer is authorised to withdraw from the respective order by registered letter, even if the agreed service was not provided within the appropriate period of grace and the customer bore no responsibility for such an occurrence.

9.2    Force majeure, labour disputes, natural catastrophes and transport disturbances, as well as other circumstances which are outside of VisoTech’s influence, excuse VisoTech from the delivery commitment and permit a rearrangement of the agreed delivery period.

9.3    Cancellations by the customer are only possible with written agreement from VisoTech. If VisoTech agrees to a cancellation, it has the right to charge a cancellation fee, in addition to the provided services and cumulative costs, to the amount of 30% of the contract value not yet billed for the complete project.

10.    Guarantee, Maintenance, Changes

10.1    Notices of defects are only valid if they concern reproducible defects and if they are documented in writing within 90 days of the acceptance. If the guarantee comes into effect, an improvement has precedence over a price reduction or conversion. If the notice of defects is justified, the defects will be rectified within a reasonable period of time, whereby the customer shall allow the contractor to undertake all measures required for examination and remedy of the defects.

10.2    The presumption of defectiveness is excluded according to § 924 ABGB.

10.3    Revisions and additions, which prove to be necessary before the handover of the agreed services due to organisational and programmatical deficiencies caused by VisoTech, will be carried out by VisoTech at no additional cost.

10.4    Costs for assistance, incorrect diagnosis as well as debugging and troubleshooting caused by the customer, as well as other revisions, amendments and additions, are carried out by VisoTech at an additional cost.

10.5    This also applies for rectifying defects if programming amendments, additions or other interventions are undertaken by the customer themselves or by a third party.

10.6    Furthermore VisoTech assumes no responsibility for errors, disruptions or damages caused by improper operation, modified operating system components, interfaces and parameters, the use of unsuitable organisational resources and data carriers, if they are required, abnormal operating conditions (particularly deviations from the installation and storage conditions), as well as damages resulting from transportation.

10.7    Any guarantee from VisoTech becomes invalid as soon as programs are modified by the customer’s own programmers or a third party.

10.8    If the order is for an amendment or addition to existing programme, the guarantee applies to the amendment or addition. The guarantee for the original program is therefore no longer renewed.

11.    Liability

11.1    VisoTech is liable for damages, provided that intent or gross negligence can be proven against it within the framework of the legal regulations. Liability for slight negligence is excluded.

11.2    Compensation for consequential damage and financial losses, savings not achieved, lost interest and damages claimed by third parties shall be excluded in any case to the extent legally permissible.

12.    Loyalty

12.1    The parties are obliged to mutual loyalty. They shall refrain from any attempts, by themselves or via a third party, to entice or employ employees of the other party who worked on the realisation of the project, for the period of the contract and 12 months after the termination of the contract. Any party which violates this obligation is obliged to pay compensation in the form of a lump sum to the amount of the employee’s gross yearly salary.

13.    Data Protection, Confidentiality

13.1    The contractor obliges its employees to adhere to the regulations in accordance with §15 of the data protection act.

14.    Miscellaneous

14.1    Should individual terms of this contract be or become ineffective, the remaining terms of this contract shall remain unaffected. The parties shall work cooperatively together in order to find an arrangement which is as close as possible to the ineffective terms.

15.    Final Provisions

15.1    Unless agreed otherwise, the legal regulations implemented between the registered trades, are valid solely according to Austria law, even if the order is executed outside of Austria. In the event of a dispute it is agreed that the respective local court for VisoTech’s business location has jurisdiction. The preceding conditions only apply when selling to consumers, as defined by the consumer protection act, to the extent not provided for by the consumer protection act.

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