General terms and conditions of business for the "fit for future package"
(abbreviation: "fffP")
- General information
ACstyria Autocluster GmbH (hereinafter referred to as "ACstyria") concludes contracts with users for current and future services and deliveries in conjunction with the "fit for future pack-age", hereinafter referred to as the AC partner, exclusively through the application of these general terms and conditions of business. Other general terms and conditions of business shall not form part of the contract unless they are expressly accepted as such by ACstyria.
- Object of the agreement
ACstyria offers the following services as part of fffP membership:
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Collection of company data in the database offered at www.acstyria.com, in particular a brief overview of the AC partners with a link to the company homepage, address and e-mail, as well as details regarding the company’s business fields and services.
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Reduced registration fees for the events organised by ACstyria in accordance with the re-spective advertisement of the event.
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The entitlement to use the ACstyria logo for one’s own purposes.
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A newsletter that regularly contains important industry-specific information and is exclu-sively available to AC partners.
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Customised training packages for AC partners for university and other teaching institu-tions that are individually offered, under the respective conditions given.
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- Conclusion of the contract
The contract is concluded when ACstyria accepts an order that is carried out via confirmation of the conclusion of the contract via e-mail or via post.
- Prices and payment conditions
The prices for AC partner memberships can be taken from the latest fees list and are consid-ered net prices for the duration of a year. The invoiced amount must be paid within 14 days of receipt of the invoice. In the event of late payment we shall charge bankable interest on arrears.
- Contractual language
The contractual language is German.
- Contract term
The contract is concluded for a term of one year. The contract shall automatically be extended by an additional year if it is not terminated in writing by one of the two contractual parties , by means of registered letter, under observation of a one-month notice period before expiry of the contractual term. Both parties are entitled to terminate the contract with just cause at any time. Just cause includes in particular if a contractual party fails to fulfil the contractual obligations despite a reminder being made or if the services become fully or partially impossible due to cases of force majeure or third-party interventions that cannot be avoided with financially justi-fiable means. In the event that the contract is terminated due to breach of the contractual du-ties by the AC-Partner, pro-rata compensation of the annual fees is excluded.
- Liability
ACstyria shall only be liable for damage if it is caused by it or its vicarious agents with wilful in-tent, due to gross negligence or due to breach of an essential contractual obligation. Despite the existing safety measures, when using the “fit for future Packages” it is possible that, through technical afflictions, computer viruses or through third-party attacks, data may be changed or deleted. ACstyria shall not accept any liability for this. ACstyria is not obligated to check the incoming data in any form for accuracy or plausibility, and shall also not accept any liability for this. In the event of power failures or other technical faults, the online services may be unavailable, which prevents the www.acstyria.com website from being accessed. ACstyria shall therefore neither be liable for uninterrupted operation of the website nor data access at any time, it shall, however, endeavour to have such faults rectified as soon as possible.
- Data protection and data security
In order to maintain and improve its services, ACstyria is entitled to identify, edit and, for spe-cific purposes (i.e. rectifying technical faults), to transfer to authorised contractual partners the transmission data in accordance with the Austrian Telecommunication Act (in particular IP ad-dresses, server logs and server protocols). ACstyria shall save the data provided by the AC partner and make it available on the website. This data involves company data, the saving, processing and publishing of which on the AC partner’s Internet expressly complies with the request of the VIP, and the subject matter of the contract are the same, with the exclusion of personal data that is saved and processed for internal purposes. ACstyria transfers this data via provisioning on the website of interested parties, where the forwarding of data forms one of the services of ACstyria for AC partners.
- General provisions
The AC partner can only set off ACstyria claims against it, if the counterclaim is in legal corre-lation with the commitment of the AC partners and has been determined by court or recog-nised by ACstyria. The place of fulfilment is the headquarters of ACstyria Autocluster GmbH.
- Applicable law, place of jurisdiction
Austrian law applies with the exclusion of the UN Convention on Contracts for the International Sale of Goods and under exclusion of the reference provisions of the Austrian IPR law. The exclusive place of jurisdiction is the competent court of the location of the headquarters of AC-styria Autocluster GmbH. In the event that individual provisions of these General Terms and Conditions of Business contradict mandatory legal provisions, the remaining provisions of these general terms and conditions of business retain their validity.