Terms of Service

between Calltracking.at, Thomas Wusatiuk, Blumenweg 25/2, 4202 Hellmonsödt, Austria, hereinafter referred to as CallTracking for short, and their clients, if they are entrepreneurs, hereinafter referred to as clients.

1. Conclusion of contract
   1. The basis for the conclusion of the contract is the respective offer from CallTracking.
   2. All offers from CallTracking are subject to change and non-binding.
2. Scope
   1. CallTracking provides services to companies exclusively on the basis of these General Terms and Conditions as well as the currently valid version of any written price lists and product descriptions, which are an integral part of this framework agreement.
   2. Subsidiary agreements, reservations, changes or additions to this contract must be made in writing to be valid. This also applies to deviations from the written form requirement.
   3. Conditions of the contractual partner that contradict or deviate from this contract only become effective, even if they are known, if they are expressly recognized by CallTracking in writing.
   4.  Should individual provisions of this contract be ineffective, this does not affect the binding force of the remaining provisions. The ineffective provision is to be replaced by an effective one that comes closest to its purpose.
   5. The acceptance must always be in writing, for example through an order confirmation, unless CallTracking shows, for example, by taking action on the basis of the order, that it is accepting the order.
   6. Additions and changes to existing contracts are only accepted if they have also been confirmed in writing by call tracking including a company drawing (stamp and signature of an authorized signatory).
3. Scope of services
   1. The scope of services to be provided results from the written description of services contained in the offer. Subsequent changes or ancillary agreements must be made in writing to be valid.
   2.  The conclusion of the contract is subject to timely delivery to our suppliers or third parties.
   3.  Deviations from the agreed service, which are necessary due to changed legal regulations, but do not significantly affect the use of the contractually agreed service, are permitted.
   4.  The client has to provide Calltracking with all information and documents that are necessary for the provision of the service.
   5.  The client must inform CallTracking about all processes that are important for the execution of the order, even if these circumstances only become known during the execution of the order.
   6.  The client has to bear the effort that arises from the fact that work is delayed or has to be repeated as a result of incorrect, incomplete or subsequently changed information from CallTracking.
   7.  Should the client already use the subject of the order in productive operation during an agreed test phase, he bears the resulting risk himself, for example in the event of data loss or incorrect data acquisition.
   8.  The client is also obliged to ensure the legal conditions necessary for the execution of the order, in particular with regard to the creation of a corresponding network termination point.
   9.  CallTracking is not liable for the violation of rights through data and information provided by the client. If CallTracking is used because of such an infringement, the client undertakes to indemnify and hold harmless CallTracking.
   10.  The client is responsible for backing up his data, especially before installation, maintenance or other work.
   11.  Unless expressly agreed otherwise, CallTracking and its licensors are entitled to all rights to the agreed services and works. The client only receives the right to use the services or works after payment of the agreed fee for his own purposes in the agreed scope or, in the event that nothing has been agreed, in the scope corresponding to the purpose of the contract.
   12.  Unless expressly prohibited by the client, CallTracking is entitled to use data such as customer names, project descriptions, project images or the like in a reference list or other advertising material.
   13.  CallTracking is entitled, at its own discretion, to perform the service itself or to use third parties for the provision of contractual services, as well as to make partial deliveries in the case of divisible services.
4.  Events
   1.  The binding agreement of deadlines and dates is only possible in writing. CallTracking endeavors to meet the agreed deadlines. Failure to meet the deadlines only entitles the client to assert his statutory rights if he has granted CallTracking a reasonable grace period of at least 14 days. This period begins with the receipt of a registered dunning letter to CallTracking.
   2.  If the grace period expires without result, the client can withdraw from the contract. An obligation to pay damages from the title of default only exists in the case of intent on the part of CallTracking.
   3.  Unavoidable or unpredictable events, in particular delays in the case of CallTracking contractors, release CallTracking from adherence to the agreed delivery date. The same applies if the client is in default of his obligations to carry out the order (e.g. provision of documents or information). In these cases, the agreed date will be postponed at least to the extent of the delay.
5.  Remuneration, fees
   1. The stated prices are in euros and do not include sales tax. They only apply to the present order.
   2.  The fees owed from the contractual relationship between CallTracking and the client are agreed separately in the contract. This list of charges is an integral part of the contract.
   3.  The regular fixed fees (e.g. basic fees, rents, ...) are invoiced for one calendar month and the client is invoiced retrospectively on the first of the following month. Irregular (e.g. usage-based charges) will also only be billed on the first of the following month. One-off services, however, are billed in advance.
6.  Payment
   1. The invoices from CallTracking are due net cash without deduction from the invoice date and, unless otherwise agreed, payable within ten calendar days of receipt of the invoice. In the event of late payment, the statutory interest applicable between entrepreneurs shall apply as agreed.
   2.  The client undertakes to bear all costs and expenses associated with the collection of the claim, such as in particular collection expenses or other costs necessary for appropriate legal prosecution.
   3.  In the event of default in payment by the client, CallTracking can immediately call for all services and partial services provided within the framework of other contracts concluded with the client, withdraw from the contract and claim compensation for costs incurred and lost profit. In such a case, CallTracking is also entitled to block or discontinue all services immediately and without prior warning.
   4.  The client is not entitled to offset his own claims against claims from CallTracking, unless the claim of the client has been recognized in writing by CallTracking or has been determined by a court. A right of retention of the client is excluded.
   5.  When paying the invoice by credit card, the client must ensure that it is not blocked or has expired. When paying by direct debit, the customer must ensure that the specified bank account has the necessary funds. Any additional work and costs due to payment cancellations will be charged to the client accordingly.
7.  Liability
   1.  The client must check all services immediately after notification of completion and give notice of any defects in writing and give reasons within 14 days of completion.
   2.  In the event of a timely and justified notification of defects, the defects will be remedied within a reasonable period of time, whereby the client must provide CallTracking with all the means necessary to investigate and remedy the defects. The client only has the right to improve or replace the service through call tracking. The client cannot assign claims for defects.
   3. The reversal of the burden of proof according to § 924 ABGB at the expense of CallTracking is excluded. The existence of the defect at the time of handover, the time at which the defect was discovered and the timeliness of the notification of defects must be proven by the client.
   4. Claims for damages by the client, in particular due to delay, impossibility of performance, positive breach of contract, fault when concluding the contract, defective or incomplete performance, consequential damage due to defects or due to unauthorized actions, with the exception of personal injury, are excluded, unless they are based on intent or gross negligence on the part of CallTracking.
   5. The legal relationships between the client and CallTracking are exclusively subject to Austrian law to the exclusion of international reference standards. The provisions of the UN sales law do not apply.
   6. Events of force majeure as well as other unforeseeable circumstances, such as interruption of the power supply, interruption of telecommunications connections or failure of our hardware or software release us from our obligation to perform for a reasonable period of time.
   7. CallTracking's liability towards companies is limited to an amount of € 10,000.00 per claim. CallTracking assumes no liability for consequential damage, lost profit, damage from claims by third parties or mere financial loss towards entrepreneurs.
8. Credit check
   1. The client agrees that CallTracking may obtain information about the client from credit agencies before and during the term.
9. Contract and termination
   1. The contract term is agreed individually in the contract between the client and Calltracking. If no regulation is made, the contract runs for an indefinite period and can be terminated by either party with three months' notice.
   2. CallTracking reserves the right to extraordinary termination, especially if the client suspends his payments, becomes insolvent or an application is made to open insolvency or reorganization proceedings.
   3. The place of performance is the headquarters of CallTracking.
   4. The competent Austrian court at the headquarters of CallTracking is agreed as the place of jurisdiction for all disputes arising directly between CallTracking and the client.
   5. If the client places an order, he is bound to this two weeks from its receipt by get on top. The contract is concluded when the order is accepted by CallTracking.

Status: December 10, 2020