General Terms and Conditions
1. Scope
These General Terms and Conditions apply to all contracts between winePad GmbH (Provider) and its customers regarding the product winePad.
2. Technical Requirements
To use winePad, an internet connection and appropriate hardware, primarily a tablet PC or smartphone, are required.
3. Contract Renewal and Termination
Once the agreed minimum usage months have been exhausted, the contractual relationship is automatically extended by a further 12 months unless one of the contracting parties objects to the extension of the contract in writing at least one month before the end of the last available usage month, whereby the timeliness of the objection is determined by the time the written declaration is received by the contracting partner. If no minimum usage period has been agreed upon, the contract is considered concluded for an indefinite period and can be terminated by either contracting party with a notice period of one month, effective at the end of any month.
4. Extraordinary Termination
1. By the Provider:
The Provider is entitled to prematurely terminate the concluded contract without adherence to deadlines and dates with immediate effect if the customer, despite written reminder, does not pay the ongoing usage fee in full or at all.
2. By the Customer:
The customer can prematurely terminate the concluded contract without adherence to deadlines and dates with immediate effect if the availability of the agreed data after the start of the usage period is more than 10% unavailable within a calendar month, provided the unavailability is within the Provider's sphere.
5. Fees, Payment Terms, Default Interest
The fee is calculated based on the agreed billing period (quarterly or as agreed) and invoiced at the beginning of the usage period or debited from the customer's bank account via direct debit. All amounts are exclusive of the applicable statutory VAT, currently 20%. In case of payment default, default interest according to § 352 of the Austrian Commercial Code (UGB) is agreed upon – 8% above the respective published base interest rate.
6. Value Adjustment
All fees in the concluded contract are value-secured. The value adjustment is currently based on the Consumer Price Index 2010 (VPI 2010) published monthly by Statistics Austria. The starting point for the value adjustment calculation is the index figure published for the month of contract conclusion. The index adjustment of the fees takes place each January of every year after the publication of the January index.
7. Liability
The Provider obtains data, information, and images from the respective producers or authorized distributors. Despite the utmost care and maintenance of the data, informational errors may occur. The Provider assumes no liability for such erroneous information unless they have acted intentionally or with gross negligence. It is also the customer's responsibility to obtain the necessary permissions to use copyrighted material (including photos, graphics, logos, texts, or other materials) that the customer provides in the personal settings of their presentation (in-app and print).
8. Data
The customer has unrestricted usage rights over the provided data within the scope of their activity. However, the customer is prohibited from passing on the data provided by winePad to third parties, either for a fee or free of charge, without the express consent of the Provider.
9. Written Form
Changes and additions to the agreements made require the written form to be legally effective; otherwise, they are considered not legally binding. This also applies to deviating from this formal requirement.
10. Jurisdiction Agreement
For all legal disputes arising from the contractual relationship between the Provider and the customer, the exclusive jurisdiction of the competent court in 6500 Landeck, Austria, is agreed upon.