General Terms and Conditions
General
The below-mentioned terms and conditions apply to all services and software products offered by Neovalis IT Development GmbH (in the following NEOVALIS). The customer’s purchasing conditions and general terms and conditions, respectively, are not implemented and are hereby explicitly excluded. Licensing agreements of NEOVALIS for individual (software) products override the individual provisions of the general terms and conditions at hand.
Prices
All prices are calculated in EURO (€) for the respective legal amount excluding sales tax. All prices mentioned are without engagement. Errors regarding offers on the NEOVALIS website are excepted.
Payment
Payment is due upon receipt of the invoice, free of costs and without deduction. Billing may also take place electronically (via email).
In case of payment by credit card, the customer is to ensure that the credit cards is neither cancelled nor expired. Otherwise, any delay in payment resulting from it and interest on account of delay are charged to the customer’s account.
In case of delay in payment NEOVALIS is authorized to charge interest on account of delay amounting to 12 % and any costs expended for collection agencies or lawyers. Furthermore, the customer is obligated to pay the costs NEOVALIS expends for reminders in a lump-sum of € 25.00.
Data Protection
The customer explicitly agrees that his data is electronically recorded and processed for purposes of billing and license administration. Employees of NEOVALIS in charge of processing the licensed party’s or ordering party’s data are obligated to comply with data secrecy in accordance with § 15 DSG 2000.
Liability
NEOVALIS is liable for loss in the scope of the statutory regulations in case intent or gross negligence is proven. Liability for slight negligence, indemnity for consequential or financial loss, unachieved savings, loss of profits, loss of interest and loss due to claims of third parties against the customer are excluded.
Court of Jurisdiction, Choice of Legislation, Contractual Language
Place of fulfillment of all contractual claims is Vienna. This contract is subject to Austrian law excluding the conflict-of-laws rules and the UN right of purchase.
Court of jurisdiction for disputes arising from a contract based on these general terms and conditions including those regarding its existence or non-existence or its consequent termination is the court competent as regards to commercial matters in Vienna.
