General Terms and Conditions
1 Scope of application
The following terms and conditions apply to all deliveries and services of INJOBS. These terms and conditions shall also apply to future transactions. Conflicting terms and conditions, in particular the customer's terms and conditions of purchase, shall not apply. An objection by INJOBS is not required. Any amendment to these terms and conditions must be made in writing. The order or acceptance of a delivery or service shall in any case be deemed acceptance of these terms and conditions.
2 Offer, price, placing of order, conclusion of contract
Offers from INJOBS are subject to change. A contract is only concluded upon order confirmation or delivery by INJOBS. INJOBS invoices its deliveries and services on the basis of the hourly rates valid at the time the contract is concluded. The hourly rates are part of the contract even if the customer is not expressly informed of them. The hourly rates apply to work on working days between 8 a.m. and 8 p.m. (standard working hours). Work outside these hours shall be charged at a surcharge of 50%, work on Saturdays, Sundays and public holidays at a surcharge of 100%. All hourly rates are exclusive of VAT at the statutory rate.
Travel times shall be charged at the currently valid hourly rate for travel times according to the hourly rate list or the respective offer. Material costs, in particular data carriers, printouts, copies, set-up fees, etc. will be invoiced by INJOBS on a monthly basis according to expenditure. If the delivery is made at a later date due to circumstances within the customer's control, INJOBS is entitled to offset the resulting higher costs with correspondingly higher prices. This shall not affect INJOBS's right to compensation for any other damages incurred.
All taxes, customs duties and other charges payable by the customer on the occasion of acceptance of the delivery/service shall be borne by the customer, unless INJOBS has expressly undertaken in writing to bear them. If the customer changes services, specifications for services or the scope of services after conclusion of the contract and this causes additional work or if INJOBS has to provide additional services or services outside the standard working hours in order to meet the customer's deadlines, INJOBS is entitled, after prior notification, to demand additional remuneration in accordance with the agreed hourly rates. The same applies to additionally commissioned services. In all these cases, INJOBS is entitled to refuse performance if the client objects to the announced additional remuneration.
INJOBS is entitled to provide its deliveries/services through third parties. This is done in the name and for the account of the customer.
3. delivery time, partial delivery, place of fulfillment
A delivery date shall be deemed to have been met if the delivery/service has left INJOBS by the deadline or readiness for dispatch has been notified. Compliance with agreed delivery dates presupposes that the customer fulfills his obligations to cooperate, e.g. necessary approvals, documents, releases, own services and other obligations in a timely and complete manner. If this does not happen and if a timely delivery/service is no longer possible even with additional services from INJOBS or is not desired by the customer, the delivery period shall be extended by a reasonable period of time. Fixed-date transactions are not concluded.
If non-compliance with an agreed delivery deadline is due to force majeure such as server failure, fire, water, lightning strike, machine breakdown, unforeseen obstacles or other circumstances for which INJOBS is not responsible, the delivery deadline shall be extended for the duration of these events. This applies accordingly in the event that INJOBS is in default of delivery when one of these events occurs. INJOBS is entitled to deliver early and to make partial deliveries. Partial deliveries may be invoiced immediately by INJOBS. The customer is obliged to accept the delivery/service within eight days after receipt of the notification of readiness at the agreed place of acceptance, otherwise he shall be in default of acceptance and the remuneration shall become due immediately. If the delivery/service of INJOBS goes live, it is in any case accepted. The place of fulfillment is Dornbirn.
4 Warranty
INJOBS warrants that deliveries and services comply with the contract (specifications) and fulfill the characteristics warranted in writing. Warranty claims of the customer require that he fulfills his legal and contractual inspection and complaint obligations within 28 days of delivery/service. INJOBS warrants that, to the best of its knowledge, its own services are free of third-party rights that prevent the contractual use of these own services. INJOBS is entitled, at its own discretion, to remedy a defect by improvement or replacement.
Warranty claims do not exist if the error that has occurred is causally related to a previous error that was not reported immediately, or if the customer does not comply with the regulations or specifications regarding installation, hardware and software environment and use and operating conditions. If INJOBS merely passes on the services of third parties (e.g. photographers, illustrators, service providers, database developers, etc.) to the customer, INJOBS shall not be liable for them. If the customer does not make the defective delivery/service available to INJOBS upon request or if he sells or uses it, all warranty claims shall lapse. Warranty claims expire six months after acceptance.
5 Compensation for damages (liability)
INJOBS is only liable for damages if they are caused by gross negligence or intent. To the extent permitted by mandatory law, INJOBS shall not be liable for consequential damages such as loss of profit, loss of sales, loss of business, higher costs. With regard to freedom from viruses, INJOBS shall only be liable for ensuring that the delivery/service has been checked for viruses using standard virus programs. A more extensive check is not part of the service/delivery of INJOBS, which is why liability for freedom from viruses is excluded insofar as it goes beyond the agreed check. Insofar as INJOBS merely passes on the services of third parties (e.g. photographers, illustrators, service providers, database developers, etc.) to the customer, INJOBS's liability shall be limited to fault in selection. Insofar as INJOBS sells hardware and/or software in connection with the service, INJOBS's liability shall be limited to that of the manufacturer and supplier of this hardware and/or software. INJOBS undertakes, if necessary, to assign to the customer the claims to which INJOBS is entitled in this respect. INJOBS is liable for ensuring that its own services are, to the best of its knowledge, free of third-party rights that prevent the contractual use of these own services. The clarification of the freedom from such rights (conflict research, rights clearing) is not part of the delivery/service of INJOBS, which is why INJOBS assumes no liability for this. The customer is responsible for ensuring compliance with the statutory provisions and, in particular, for ensuring that the delivery/service does not violate competition law or trademark law.
The customer is liable for ensuring that the services, materials, documents, etc. provided by him are free of third-party rights and shall indemnify and hold INJOBS completely harmless in this respect. Claims for damages against INJOBS expire six months after acceptance.
6 Termination
If a permanent service (e.g. hosting of a website) is agreed, the first period of use begins on the date the service is made available for the first time. It shall extend for at least six months to the end of the month. The permanent service can be terminated by the customer at the end of a usage period. The termination must be received by INJOBS in writing by registered letter at least one month before the end of the period of use, otherwise the permanent service will be automatically extended by a further six months.
The right of the parties to terminate the contract prematurely with immediate effect for good cause (extraordinary termination) remains unaffected. INJOBS is particularly entitled to do so if the customer is in arrears with due payments in whole or in part for more than six weeks or violates an essential provision of this contract and does not cease the violation within ten working days despite a written request or if insolvency proceedings are opened against the customer's assets or the opening is legally rejected due to lack of assets.
7 Payment, default of payment
The agreed remuneration is due for payment from an order volume of EUR 3,000.00 as follows: 1/3 upon placement of the order, 1/3 upon layout or concept approval and 1/3 upon acceptance. Invoices are payable immediately without any deductions. Warranty retention is excluded. Payments must be made free of costs and charges to the INJOBS bank accounts stated on the invoice.
If the customer is in arrears with a payment in whole or in part for more than ten days, if he allows bills of exchange or checks to be protested, or if an application is made to open insolvency proceedings against his assets, INJOBS is entitled, without prejudice to other rights, to make all claims against the customer due immediately, to withhold all deliveries or services and to assert all rights arising from the retention of title.
In addition, INJOBS is entitled to demand the statutory default interest as damages for default. The assertion of higher damages incurred by INJOBS remains unaffected. INJOBS is entitled to withhold or withdraw the delivery/service or the further provision thereof in the event of late or incomplete payment. This includes in particular the right to shut down a website that has already gone live. The customer may only declare offsetting against claims of INJOBS if his claim is undisputed or has been legally established. The customer may only assert a right to refuse performance and a right of retention if the payment claim of INJOBS and the counterclaim of the customer are based on the same contractual relationship.
8 Retention of title
Insofar as this is legally permissible according to the type of delivery/service, INJOBS reserves ownership of the deliveries and services until full payment has been made.
9. obligation of the customer to cooperate
The customer is obliged to provide the necessary approvals, documents, releases, own services and other obligations in good time and in full and to provide INJOBS with all information necessary for the provision of the deliveries and services. The customer is also obliged to inform INJOBS, without being asked, of circumstances that are important for the provision of the deliveries and services and of which the customer can recognize that they are unknown to INJOBS.
Insofar as INJOBS and the customer define joint development stages, the customer is obliged to provide all necessary cooperation to comply with these steps. The acceptance and release of the development stages shall be made in writing. If the customer requests changes to the defined development stages, INJOBS is entitled to accept these changes only if additional remuneration is agreed. If such an accepted change (recalculation) results in a delay in the deadlines, INJOBS shall inform the customer immediately. INJOBS is entitled to terminate the contract with immediate effect if the customer does not comply with an obligation to cooperate after a reasonable deadline has been set with a threat of refusal. In the event of termination, INJOBS shall be entitled to invoice all work incurred up to that point on a time and material basis in accordance with the list of hourly rates.
10 Rights to the services of INJOBS
On condition of full payment of the agreed remuneration, INJOBS shall transfer to the customer the non-exclusive and non-transferable right of use for an unlimited period of time upon acceptance of the delivery/service. There may be restrictions for services purchased by INJOBS for the customer, in particular words, music, images or artistic services. These will be made known to the customer. The customer undertakes to observe these restrictions. The customer is not entitled to process, modify or distribute the delivery or service in part or in whole, unless this has been expressly agreed. The customer is not entitled to reproduce the delivered software in parts or as a whole on hard disk or similar storage media or to feed it into publicly accessible data networks, unless this has been expressly agreed. The originals of the documents used for the production (e.g. exposés, treatments, drawings, plans, graphics, prototypes, etc.) as well as all preliminary stages to the finished delivery or service and the rights thereto shall remain the property of INJOBS.
11 Miscellaneous
These terms and conditions and the contract are subject to Austrian substantive law. The UN Convention on Contracts for the International Sale of Goods shall not apply. The place of jurisdiction for disputes with customers based within the EU/EFTA is Dornbirn. For disputes with all other customers, the jurisdiction of the international arbitration court of the Austrian Federal Economic Chamber in Vienna is agreed in accordance with the Vienna Rules. The place of arbitration is Dornbirn. The language of arbitration shall be German. As long as the competent court or arbitration tribunal in accordance with the above provisions has not been called upon in a dispute, INJOBS is entitled to bring this dispute before any other court competent for the customer. Collateral agreements, amendments and supplements must be made in writing to be effective. This also applies to any waiver of this formal requirement.
If provisions of the contract are invalid or unenforceable, the validity and enforceability of the remaining provisions shall remain unaffected. The invalid or unenforceable clause shall be replaced by a valid or enforceable clause that comes closest to the invalid or unenforceable clause in economic terms and in terms of its intention.