Privacy Policy/General Terms

Contact details

Please direct inquiries in connection with your personal data or this data protection declaration to me personally. To do so, please contact me.

Data storage when contacting us

If you contact us (e.g. by email or telephone), your data will be processed to answer the request and therefore on the basis of the legal basis of “fulfillment of the contract” of the GDPR. Your information can be stored in a customer relationship management or a comparable address management system. However, we only save your contact details if it is foreseeable that we will communicate with you more often in the future, not to answer a one-off request.

The inquiries (and your contact details) will be deleted as soon as storage is no longer necessary and there are no legal archiving obligations to the contrary. If your inquiry results in a customer relationship, this will be the case after 7 years, otherwise usually after one year.

Data protection declaration for our website

Transport encryption

The communication between your browser and our web server is exclusively transport-encrypted using current TLS protocols.

Log files

All access is logged in server log files. This information does not allow us to draw any conclusions about you personally, but is essential for technical reasons in order to deliver and display our content. Typical log file contents are the date and time of access, the amount of data, the browser used for access and its version, the operating system used, the domain name of the provider you commissioned, the page from which you came to our offer (referrer URL) and your IP address. Log files also enable a precise check if there is suspicion of illegal use of our services.

The legal basis for this storage is the legitimate interest in protecting our offer from misuse.

The log files are kept for 6 weeks and then deleted. A transfer to third parties will only take place upon official order or if it is necessary for law enforcement purposes.

Cookies

This website does not store cookies in your browser.

Local storage

On this website, we store a few keys/values in your browser's local storage in order to make certain functionalities (day/night mode, etc.) of this website available to you. These keys/values do not contain any personal data.

Web analysis

This website does not use a web analysis service.

Your rights under the General Data Protection Regulation

Information, deletion, restriction, correction, right of objection, data portability

In accordance with the GDPR, you have, among other things, the right to information about the personal data we have stored about you as well as the origin, recipient and purpose of data collection and data processing.

An informal email to the address given above is sufficient. To avoid misuse, we reserve the right to check your identity before complying with your request.

You also have the right to request the correction, restriction or deletion of your data or to object to the processing. Excluded from this are data that are retained due to legal regulations or are required for the proper conduct of business and to assert or defend legal claims. So that a data lock can be implemented at any time, data is kept in a lock file for control purposes. If data is not collected by a legal archiving requirement, we will delete your data at your request. If the archiving obligation applies, we will block your data.

For all questions and concerns regarding the correction, blocking or deletion of personal data, please contact the email address above or the address stated in the legal notice.

Right to complain

If we do not comply with your rights as a data subject in accordance with the GDPR, you have the right to complain to the responsible authority (in Austria this is the Data Protection Authority) to lodge a complaint.

Objection to advertising emails

As part of the legal imprint obligation, we have to publish our contact details. These are sometimes used by third parties to send unwanted advertising and information. We hereby object to any sending of advertising material of any kind that we have not expressly authorized. We also expressly reserve the right to take legal action against the unwanted and unsolicited sending of advertising material. This applies in particular to so-called spam emails, spam letters and spam faxes. We would like to point out that the unauthorized transmission of advertising material can affect competition law, civil law and criminal law. Spam emails and spam faxes in particular can lead to high claims for damages if they disrupt business operations by overfilling mailboxes or fax machines.

for the sale and delivery of Organizational, programming services and Licenses for the use of software products - baroso Software Entwicklung e.U.

1. Contract scope and validity

All orders and agreements are only legally binding if you must be signed by the contractor in writing and in accordance with the company's specifications and oblige only to the extent stated in the order confirmation. The client's purchasing conditions apply to the subject legal transactions and the entire business relationship are hereby excluded. Offers are generally subject to change.

2. Performance and audit

2.1.

The subject of an order can be:

• Development of organizational concepts
• Global and detailed analyzes
• Creation of individual programs
• Delivery of library (standard) programs
• Acquisition of usage rights for software products
• Acquisition of work permits
• Participation in commissioning (conversion support)
• Telephone advice
• Program maintenance
• Creation of program carriers
• Other services

2.2.

Individual organizational concepts and programs are developed according to the type and scope of the information provided in full by the client binding information, documents and resources. These also include practical test data and sufficient testing options, the client on time, during normal working hours and at his own expense provides. Is already provided by the client on the test site the responsibility lies with the system provided in real operation for securing the client’s real data.

2.3.

The basis for the creation of individual programs is the written one description of services provided by the contractor against cost calculation based on the documents and information provided to him developed or provided by the client. The customer must ensure that the service description is correct and complete to be checked and provided with a note of approval. Later any change requests that arise can be made at separate dates and times conduct price agreements.

2.4.

Individually created software or program adaptations are required for this affected program package of a program acceptance no later than four weeks from delivery by the client. This will be in a log confirmed by the client. Check for accuracy and completeness based on the service description accepted by the contractor using the information below Point 2.2. provided test data listed. If he client has elapsed a period of four weeks without acceptance of the program, the delivered software is valid as of the end date mentioned period as accepted. When using the software in real operation, in any case, the client is deemed to have accepted the software. Any defects that may occur are deviations from what was written in writing agreed service description, are sufficient from the client documented to be reported to the contractor, who will do so as quickly as possible. Efforts are made to correct defects. Are there any significant defects reported in writing before, which means that real operations cannot be started or continued If the defect can be rectified, a new acceptance test is required. The client is not entitled to accept acceptance of software to reject insignificant defects.

2.5.

When ordering library (standard) programs, by placing the order, the client assumes knowledge of the scope of services ordered programs.

2.6.

Should it emerge during the course of the work that the execution of the... order is actually or legally impossible according to the service description, the contractor is obliged to notify the client of this immediately. If the client does not change the service description accordingly or creates the prerequisite for execution to be possible Contractor refuses to carry out the work. Is the impossibility of execution the consequence of a failure on the part of the client or a subsequent one Changes to the service description by the client are: Contractor entitled to withdraw from the order. The until then for the Costs and expenses incurred by the contractor as well as any Dismantling costs must be reimbursed by the client.

2.7.

A dispatch of program carriers, documentation and service descriptions takes place at the expense and risk of the client. About it In addition, training and explanations requested by the client can be provided invoiced separately. Insurance is only provided upon request Client.

3. Prices, taxes and fees

3.1.

All prices are in euros without sales tax. They only apply to present order. The prices mentioned are from the place of business or -location of the contractor. The costs of program carriers (e.g. CDs, Magnetic tapes, magnetic disks, floppy disks, streamer tapes, magnetic tape cassettes, etc.) as well as any contractual fees are charged separately be invoiced.

3.2.

For library (standard) programs, they apply on the day of delivery valid list prices. For all other services (organizational consulting, Programming, training, transition support, telephone advice, etc.), the workload will be the same as on the day the service is provided valid rates. Deviations from the contract price underlying time expenditure for which the contractor is not responsible, is calculated based on actual occurrence.

3.3.

The costs for travel, daily and overnight allowances will be borne by the client invoiced separately according to the applicable rates. Travel times are considered working time.

4. Delivery date

4.1.

The contractor strives to meet the agreed dates of fulfillment (completion) must be adhered to as precisely as possible.

4.2.

The targeted fulfillment dates can only be met if the client on the dates specified by the contractor necessary work and documents complete, especially those from him Accepted service description according to point 2.3. provides and his fulfills the obligation to cooperate to the extent required. Delivery delays and cost increases caused by incorrect, incomplete or subsequently changed details and information or Documents provided are not the responsibility of the contractor represented and cannot lead to the contractor's default. From this The client bears any resulting additional costs.

4.3.

For orders that include several units or programs, the Contractor is entitled to carry out partial deliveries or partial invoices to lay.

5. Payment

5.1.

The invoices submitted by the contractor include sales tax Payable without any deductions and free of charge no later than 10 days from receipt of the invoice. For partial invoices, those specified for the entire order apply Payment terms analogous.

5.2.

For orders that involve several units (e.g. programs and/or training courses, Implementations in partial steps), the contractor is entitled to Delivery of each individual unit or service must be invoiced.

5.3.

Compliance with the agreed payment dates is essential Condition for the execution of the delivery or fulfillment of the contract by the Contractor. Non-compliance with the agreed payments entitles you to do so the contractor to stop the ongoing work and from the contract to resign. All associated costs as well as loss of profits are to be borne by the client. In the event of late payment, default interest will be charged at the usual bank rate charged. In case of non-compliance with two installments for partial payments, the Contractor is entitled to allow loss of deadlines to come into effect and handed over accents due. Furthermore, if the agreed payments are not met, the contractor is entitled to withhold the services provided in part or in full. until all agreed payments have been made.

5.4.

The client is not entitled to make payments due to incomplete payments Total delivery, guarantee or warranty claims or to hold back complaints.

5.5.

The invoices submitted by the contractor can also be sent to the client in electronic form (via email with a signed PDF file attachment).

6. Copyright and use

6.1.

All copyrights to the agreed services (programs, Documentation etc.) are the property of the contractor or its licensors to. The client receives the exclusive right to use the software Payment of the agreed fee exclusively for your own purposes, only for the hardware specified in the contract and to the extent of the quantity purchased Licenses for simultaneous use on multiple workstations use. This contract only creates a permit to use the work acquired. A distribution by the client is excluded under copyright law. Through the participation of No rights are granted to the client when producing the software for the use specified in this contract. Any violation of the contractor's copyrights result in claims for damages, in which case full satisfaction must be paid.

6.2.

The making of copies for archiving and data backup purposes is permitted The client is permitted on the condition that there is no information in the software express prohibition of the licensor or third parties is contained, and that all copyright and proprietary notices remain unchanged in these copies be transmitted.

6.3.

Should be necessary for the creation of interoperability of the software in question If disclosure of the interfaces is necessary, the client is against this To commission cost reimbursement from the contractor. He comes The contractor does not comply with this requirement and a decompilation takes place According to copyright law, the results are for production purposes only for interoperability. Misuse will result in compensation.

7. Right of withdrawal

7.1.

In the event that an agreed delivery time is exceeded solely for this reason The fault or illegal actions of the contractor are: The client is entitled to do so by means of a registered letter from the person concerned To withdraw from the order, albeit within a reasonable grace period The agreed service is not provided in essential parts and The client is not at fault for this.

7.2.

Force majeure, labor disputes, natural disasters and transport blockages as well other circumstances that are beyond the control of the contractor release the contractor from the delivery obligation or allow it him a new determination of the agreed delivery time.

7.3.

Cancellations by the client are only possible with the written consent of the client Contractor possible. If the contractor agrees to a cancellation, he has the right, in addition to the services provided and costs incurred a cancellation fee of 30% of the amount not yet billed of the order value of the entire project.

8. Warranty, maintenance, changes

8.1.

Notifications of defects are only valid if they concern reproducible defects and if you do so within 4 weeks of delivery of the agreed service or in the case of individual software after program acceptance in accordance with point 2.4. in written form documented. In the event of a warranty, there is definitely improvement Priority over price reduction or conversion. If the complaint about defects is justified The defects will be remedied within a reasonable period of time, whereby the client Contractor all necessary to investigate and correct defects measures possible. The presumption of defects in accordance with Section 924 ABGB is excluded.

8.2.

Corrections and additions that occur up to the handover of the agreed Performance due to organizational and programmatic deficiencies, which are represented by the contractor, prove necessary, will be free of charge carried out by the contractor.

8.3.

Costs for assistance, misdiagnosis and troubleshooting, which are the responsibility of the client as well as other corrections and changes and additions will be carried out by the contractor against payment. This also applies to the elimination of defects when program changes, Additions or other interventions by the client himself or by third parties page have been made.

8.4.

Furthermore, the contractor assumes no liability for errors, disruptions or Damage resulting from improper operation, modified Operating system components, interfaces and parameters, usage unsuitable organizational tools and data carriers, if required are, abnormal operating conditions (particularly deviations from the installation and storage conditions) as well as transport damage are attributable.

8.5.

For programs created by the client's own programmers or third parties If the product is subsequently changed, any warranty will be void Contractor.

8.6.

If the change or addition is already the subject of the order existing programs, the warranty refers to the change or supplement. The warranty for the original program is alive This will not cause it to stop again.

9. Liability

The contractor is liable for damages if it is caused intentionally or grossly Negligence must be proven within the framework of the statutory provisions. Liability for slight negligence is excluded. Compensation for consequential damages and financial losses not achieved Savings, loss of interest and damages from third-party claims The contractor is excluded in any case, to the extent permitted by law.

10. Loyalty

The contractual partners commit themselves to mutual loyalty. you will be any poaching and employment, including through third parties, of employees who are the other contractual partner during the duration of the contract and 12 months after termination omit the contract. The contractual partner violating this is obliged to Flat-rate compensation in the amount of one year's salary of the employee to pay.

11. Data protection, confidentiality

The contractor obliges his employees to comply with the provisions in accordance with §15 to comply with the Data Protection Act.

12. Other

If individual provisions of this contract are ineffective or become ineffective, the remaining contents of this contract will not be affected touched. The contractual partners will work together in partnership to: to find a regulation that is as close as possible to the ineffective provisions is coming.

13. Final provisions

Unless otherwise agreed, the terms between full-time merchants apply Applicable legal provisions apply exclusively Austrian law, even if the order is carried out abroad becomes. Local jurisdiction applies exclusively to any disputes the competent court for the contractor's place of business as agreed. For sales to consumers within the meaning of The above provisions only apply under the Consumer Protection Act insofar as the consumer protection law does not necessarily differ provisions.