The general terms and conditions of business of consourcive ltd, hereinafter referred to as „consourcive“, apply to all deliveries and services rendered by consourcive to a contractual partner. These General Terms and Conditions shall also apply to future transactions between Contracting Parties, even if no further reference is made to them in future contracts. The general terms and conditions can be obtained from consourcive and found on the Internet at www.consourcive.at. Changes to the general terms and conditions as well as the service descriptions and fees determined for the respective services will be communicated to the consourcive’s contractual partner by post, fax, e-mail or via the Internet address www.consourcive.at and comes into effect upon publication. Contracts entered into by consourcive of the contracts (terms and conditions and charges) on which the contracts are based entitle the contractor of consourcive to terminate the contract within four weeks from the announcement of the said amendment. If a modification of the contractual partners exclusively favors the consourcive regulations in question the relevant regulations may apply based on an amendment.
2.1 The contract is so deemed once consourcive has sent a written order confirmation, or has already begun with the service provision. Consourcive reserves the right to refuse the offer of a contract for technical, economic (credit risk or default on payment of the contract partner from other contracts with consourcive), legal (lack of business) or operational reasons (capacity reasons).
2.2 The information contained in brochures and so on are only deemed pertinent when they are referred to in an order confirmation.
2.3 The rates valid for the respective services form an integral part of the contract with the contractual partner. Verbal collateral agreements do not exist.
2.4 Amendments and additions to the contract will be done so in writing.
2.5 The contractual partner expressly agrees to their creditworthiness by means of inquiries from authorities authorized by said authorities, credit institutes and information files and the necessary data transmission (such as name, date of birth and address, refer to 2.1).
3. Prices and payment
3.1 Unless otherwise agreed, the prices stated in the offer or order form apply. Prices are based on the costs at the time of the first price offer. Should the costs increase up to the time of delivery, consourcive is entitled to adjust their prices accordingly. The mandatory value-added tax is additionally charged.
3.2 Payments shall be due following invoicing without deduction. Electronic (email) accounts are also acceptable.
3.3 Compliance with the agreed payment dates is an essential condition for the performance of consourcive’s services. In the event of a delay in payment, consourcive reserves the right to charge all expenses and costs arising therefrom, including the costs of the intervention of collection companies and/or legal fees, including bank-specific default interest accrued. The contractual partner expressly agrees with the data transfer (such as name, date of birth, address, dunning data) necessary for collection companies and / or lawyers.
3.4 Consourcive reserves the right to terminate contractual services at its own descretion. Reasons for rejecting orders, for example, may include outstanding invoices or orders from companies/individuals who have not yet fully settled outstanding receivables owed to consourcive and/or whose financial solvency and willingness is questionable based on other objective grounds. Or if there has been any violation of the order agreement.
3.5 In any event, a unilateral counter-allocation with open claims against consourcive and the withholding of payments due to alleged financial deficiencies not recognized by consourcive.
4.1 consourcive reserves the right to rescind the contract (even in the case of part delivery or service), if
4.1.1 the execution of the delivery or the commencement or continuation of the service for reasons for which the contracting party is responsible is impossible or further delayed despite the setting of a reasonable period of grace;
4.1.2 reasonable doubts have arisen as to the ability of the contracting party to pay and which, at consourcive ’s request, does not make advance payment or provide adequate security before delivery;
4.1.3 insolvency proceedings are opened on the assets of the contracting party, or if an application for the initiation of insolvency proceedings is rejected because of lack of covering assets;
4.1.4 the contractual partner does not fulfill any legal and/or contractual obligations, in particular those which serve to ensure the functional capability of the services offered by consourcive or the protection of third parties.
4.1.5 the contractor supplies incorrect or incomplete information in the case of submissions.
4.1.6 After obtaining a credit report (section 2.5), doubts arise as to the creditworthiness of the contractual partner.
4.2 Without prejudice to the claims for damages of consourcive, any (partial) services already rendered in the event of withdrawal shall be settled and paid in accordance with the contract. This also applies to the extent that the delivery or service has not yet been taken over by the contractual partner, as well as to preparatory work provided by consourcive. Consourcive also has the right to demand the restitution of already delivered items.
4.3 If the contractual partner is entitled to withdraw from the contract for reasons which are not the responsibility of consourcive, or if consourcive is entitled to withdraw from the contract, then compensation for the expenses incurred for consourcive shall be deemed to have been agreed upon, but at least 20% of the net order value. The judicial right of moderation is excluded.
4.4 The contractual partner is expressly informed that, on termination of the contractual relationship, consourcive is no longer obliged to continue the agreed service for whatever reason. Consourcive is therefore entitled to delete stored or ready-to-hold content data. The timely retrieval of such content data before the end of the contractual relationship is therefore the sole responsibility of the contracting party. The contracting party can not derive any claims arising from the deletion from the consourcive.
5.1 consourcive will only be held liable for damages in the cases of intent or gross negligence within the scope of the legal regulations. Liability for slight negligence, the replacement of consequential damages and property damage, unrealized savings, loss of profit, loss of interest and damages resulting from third party claims against the contractual partner are excluded. Consourcive will not be hed liable for damages caused by third parties, force majeure or effects caused by contract partners.
6. Privacy and Security
6.1 The employees of consourcive are subject to the confidentiality obligations of the Data Protection Act. An exchange of messages is also subject to secrecy.
6.2 consourcive emplyos the technically cababilites of Office 365 to protect their customer data stored within it. However, consourcive is not liable if third parties unlawfully pilfer this data and reuse them. The assertion of damages of the contract partner or third parties against consourcive from such a connection is excluded.
7. Sundry Provisions
7.1 Unless expressly agreed upon in writing, the statutory provisions applicable between full-time merchants shall apply. Court of jurisdiction is Vienna.
7.2 All declarations concerning this contractual relationship are only valid in writing.
7.3 consourcive is authorized at its own risk to entrust other companies with the provision of services from this contractual relationship.
7.4 The possible ineffectiveness of individual provisions shall not affect the validity of the remaining general terms and conditions. In place of an ineffective provision is an effective one, the former being economically and legally the closest to its purpose.