terms & conditions
Scope and delivery
The general terms and conditions of GTN GmbH apply to all deliveries and services that GTN GmbH provides to the contractual partner. They also apply to future transactions, even if no express reference is made to them. In addition to the general terms and conditions of business and delivery of GTN GmbH, the general conditions for the provision of services in the telecommunications sector (published by the Association of Management Consulting and Data Processing) apply in their current form. The obligations of GTN GmbH are based exclusively on the scope and content of an order received by GTN GmbH or an order confirmation issued by GTN GmbH and these "General Terms and Conditions" in the sections corresponding to the type of order.
Prices and payment
Unless otherwise agreed in the order, the prices stated in the offer or order form apply. Sales tax will be charged additionally. We reserve the right to change prices.
Unless otherwise agreed, payments are due promptly upon receipt of the invoice without deductions.
Compliance with the agreed payment dates is an essential condition for the performance of services. In the event of late payment, GTN GmbH is entitled to charge all expenses and costs arising from this, including the costs of the necessary intervention by debt collection companies or lawyers, as well as standard bank default interest.
In addition, in the event of late payment, GTN GmbH is entitled to suspend services from service contracts with written notification to the contractual partner until full payment has been made or to terminate the contractual relationship with immediate effect.
Offsetting against outstanding claims against GTN GmbH and withholding payments due to alleged defects not recognized by GTN GmbH is excluded.
GTN GmbH is entitled to terminate contracts for the purchase of services and other long-term obligations by written or electronic notice with one month's notice.
In addition to the contractual secondary obligation, the client is particularly careful to ensure that all data required for billing is kept up to date (change of address, expiration date for credit cards, etc.).
The prices are based on the current price lists of GTN GmbH. GTN GmbH can increase prices at any time, but in particular in the event of changed costs or high demand for a service. Any price reductions for our services do not entitle the customer to claim a refund of the annual amount paid by the customer, but only to a corresponding reduction on the next annual invoice.
Payment conditions
The services of GTN GmbH are to be paid annually in advance. The customer must use the invoice sent to make the payment. Any bank and postal charges incurred by GTN GmbH will be invoiced to the participant. All invoices in connection with the services of GTN GmbH must be paid within 14 days of the invoice date. If the customer defaults on payment, GTN GmbH is entitled to prevent the use of the contractual services.
Data protection and security
When changing domains registered by GTN GmbH/x-net to a registrant in Austria or abroad, a flat fee of 50 euros per domain is charged, which must be paid before the registrant domain transfer. In the event of improper use, GTN GmbH reserves the right to terminate the contractual relationship with immediate effect.
In accordance with the legal provisions of the Telecommunications Act, GTN GmbH is entitled to save personal transfer data for the purpose of billing the fee. Non-personal connection data and other logs can be saved and evaluated to protect its own and third-party computers and used to correct technical defects. Content data is neither evaluated nor cached beyond the technically necessary minimum.
Neither this data nor content or other customer data is passed on to third parties outside the scope of legal requirements or the necessities for operating an internet node. In particular, routing and domain information must be made known. The contracting party expressly agrees to this. Personal messages and data of the contracting parties will not be viewed. GTN GmbH takes all technically possible and known measures to protect the data stored by it.
However, GTN GmbH is not responsible if someone manages to access this data in an illegal manner and reuse it. The assertion of damages by the contracting party or third parties against GTN GmbH in such a context is mutually excluded.
GTN GmbH reserves the right to immediately and without prior warning physically and/or logically disconnect from the Internet any contracting party where there is reasonable suspicion that network activities are emanating from their connection that are either a security or operational risk for GTN GmbH or other computers, illegal or harassing (according to the Telecommunications Act). The costs of detecting and tracking the activities, interrupting the connection and any repairs will be charged to the contracting party at the hourly rates usually charged by GTN GmbH at the time. GTN GmbH's liability towards third parties due to disconnection from the Internet is excluded in these cases.
GTN GmbH is entitled to collect and process personal data of the contractual partners, in particular name, academic degree, address, telephone number, email address and date of birth, to the extent that this is covered by the legitimate purpose of the data processor.
Customer data is stored for the purposes of planning, marketing, cost accounting and internal company statistics for a maximum of five years after the contract has ended. Personal customer data is only passed on on a legal basis.
In particular, GTN GmbH is authorized under the Telecommunications Act to disclose the identity of the person responsible to harassed Internet users. The customer is advised that GTN GmbH can use customer data under the Telecommunications Act to create a subscriber directory.
Additional terms
Unless excluded by law, the legal terms applicable between registered merchants apply. In the event of any disputes, the local jurisdiction of the competent court in Steyr is agreed.
All notifications and declarations relating to this contractual relationship are only valid if they are made in writing and are not contradicted by the recipient. GTN Gmbh is authorized, at its own risk, to commission other companies to provide services under this contractual relationship.
Additional terms for the delivery of software
By ordering licensed software from third parties, the contracting party confirms knowledge of the scope of services of these software license terms. No warranty of any kind is provided for software that is classified as "public domain", "shareware" or "open source".
The terms of use or any license regulations specified by the author for this software must be observed.
For software created individually by GTN GmbH, the scope of services is determined by a service description (system analysis) countersigned by the contracting party. The delivery includes the program code that can be executed on the specified systems and a program description.
The rights to the programs and the documentation remain with GTN GmbH. GTN GmbH does not guarantee that the software supplied meets all the contracting party's requirements, works with other programs in the selection made by the contracting party, that the programs run uninterruptedly and error-free or that all software errors can be corrected.
The warranty is limited to reproducible defects in the program function. The transfer of software to third parties, even for a short period of time, is prohibited in any case.
Additional terms for services and web hosting
The use of GTN GmbH services by third parties and the transfer of GTN GmbH services to third parties for a fee requires the express written consent of GTN GmbH. IP connectivity to other network operators is provided as far as possible. The use of other networks is subject to the usage restrictions of the respective operators (Acceptable Use Policy). Measures against harassing emails can also lead to restrictions on email accessibility.
The contractual partner acknowledges the need to comply with the RFC1009, RFC1122, RFC1123 and RFC1250 standards. If GTN GmbH or other network participants suffer damage due to non-compliance with the above standards, GTN GmbH reserves the right to restrict connectivity until the standards mentioned are met and to charge the contractual partner for the costs incurred due to non-compliance with these standards at the hourly rate usually charged by GTN GmbH at the time in question. The contractual partner acknowledges the need to comply with "netiquette".
If complaints about the contractual partner are made to GTN GmbH from the Internet, GTN GmbH is entitled to terminate the connection and the contractual relationship with immediate effect in the event of a repeat complaint. Furthermore, the time required to process the complaints will be charged to the contractual partner at the hourly rate usually charged by GTN GmbH at the time in question. The contractual partner is obliged to keep his passwords secret. The contractual partner is liable for any damage caused by the inadequate secrecy of the passwords by the contractual partner or by passing them on to third parties.
GTN GmbH operates the services offered with the greatest possible care, reliability and availability. However, GTN GmbH does not guarantee that these services will be accessible without interruption, that the desired connections can always be established, or that stored data will be retained under all circumstances.
GTN GmbH is not liable for the content of transmitted data or for the content of data accessible through GTN GmbH services. GTN GmbH's contractual partner undertakes to comply with Austrian and international law when using the services offered by GTN GmbH. If the contractual partner is a reseller, he will impose this obligation on his customers and take all reasonable measures to prevent the illegal use of the services and data lines offered.
However, GTN GmbH reserves the right to prevent the transport of data or services that are contrary to Austrian law or international obligations or common decency, but is not obligated to do so. GTN GmbH's contractual partner is expressly advised of the provisions of the Pornography Act, the Prohibition Act of May 8, 1945, StGBl 13 as amended, and the relevant provisions of the Criminal Code, according to which the transmission, distribution and exhibition of certain content is subject to legal restrictions. The contractual partner undertakes to observe these legal provisions and to accept sole responsibility towards GTN GmbH for compliance with these legal provisions. The contractual partner also undertakes to comply with the provisions of the Telecommunications Act and the relevant telecommunications law standards, in particular refraining from using telecommunications systems for services that require notification without prior notification, services that require a license, or uses that are subject to restrictions under other legal provisions.
The contracting party further undertakes to indemnify GTN GmbH from any damage that may otherwise arise from the data it has placed on the market, in particular from private prosecutions for slander, insult or damage to reputation, from proceedings under the Media Act, the Copyright Act or for civil defamation and/or damage to reputation. The general terms and conditions of the respective domain registration authorities always apply to the registration of domains and are to be applied in full, as GTN GmbH only acts as an intermediary between the registration authorities and its customers. For the registration of .at domains, you can find these under "Nic.at General Terms and Conditions".
The general terms and conditions of other registration authorities can be requested from GTN GmbH by email at any time. For other services on provided hardware and software, such as installations, function extensions, etc., GTN GmbH provides the agreed services to the extent that is possible under the technical requirements provided by the contracting party. GTN GmbH does not guarantee that all functional requirements of the contractual partner can be met using the components provided. Liability for consequential damages and lost profits, as well as compensation for material damage within the meaning of the Product Liability Act, is mutually excluded. Additional provisions for resellers.
The reseller undertakes to impose the obligations assumed in the General Terms and Conditions on its customers and is liable to GTN GmbH for damages resulting from violations of this obligation by its customers.
Contract duration and termination
This contract can be terminated by the customer at any time on the last day of a month, by the supplier with a 3-month notice period on the last day of a month in writing (registered letter, email or fax, the time of receipt is decisive). Service fees already paid will not be refunded in the event of termination.
In addition, both contracting parties remain entitled to terminate this service contract by extraordinary termination without observing a notice period with immediate effect in the event of serious reasons such as the opening of bankruptcy proceedings, the legally binding rejection of the same, default on agreed payments despite previous reminders, disregard of important contract provisions, misuse, violations of the law, in particular against the Pornography Act, Prohibition Act, Telecommunications Act, etc.
In the event of immediate termination of the contract, the supplier is entitled to immediately delete customer data.
Applications for the Apple AppStore
Individual iPhone applications created by GTN GmbH for customers are subject to the suspensive conditions of approval by Apple Inc. or its partners and/or subsidiaries.
Individual iPhone applications are created by GTN GmbH in accordance with and in compliance with Apple's relevant general terms and conditions. The conclusion of the contract for the creation and delivery of an individual iPhone application is subject to the express condition of approval by Apple. This approval is applied for by GTN GmbH at its own expense. If this approval is refused or subsequently withdrawn for reasons for which the client is responsible, this entitles GTN GmbH to withdraw from the contract. The client must reimburse the costs and expenses incurred up to that point for GTN GmbH's work.
GTN GmbH sends the application configured by the contractual partner to Apple. The app is published in the AppStore after being checked by Apple, provided it complies with the guidelines (AppStore Guidelines). After publication, users can find and install the app in the AppStore under the app name. GTN GmbH appears as the developer of the app.
Compensation for consequential damages and financial losses, savings not achieved, loss of interest and damages from third-party claims against the contractor is excluded in all cases, as far as legally permissible. In particular, the contractor is not liable for defects and damages that have arisen for the following reasons:
- Inappropriate or improper use of the app
- Improper configuration of the application
- Incorrect or negligent maintenance of the app
- Failure to comply with the maintenance or updates recommended by GTN GmbH
- No use of employees who are knowledgeable about maintaining the app
- Use of a hardware or operating system that is no longer operational.
GTN GmbH accepts no liability for any disadvantages, loss of data, damage or changes to data or other damages due to technical defects or defects in the hardware and software used by the contractual partner.