General Terms and Conditions AGB

1. general

1.1 easyLOOP® GmbH is an Internet & advertising agency based in 6323 Bad Häring in Tyrol. easyLOOP® GmbH provides services on the basis of the following terms and conditions, which are available on the Internet at www.homepagebaukasten.at and www.easyloop.net at any time. They apply to all further contracts from the same business relationship with a customer, even if they are not expressly included again. Any terms and conditions to the contrary, insofar as they are not specified or individually agreed below, shall not apply.

 

1.2 easyLOOP® GmbH reserves the right to amend these terms and conditions at any time. In this case, the customer will be notified of the changes within a reasonable period of time before they come into effect. The notification is sent to the contact email address provided by the customer with a link to the amended terms and conditions on the easyLOOP® GmbH homepage and is deemed to have been delivered upon dispatch, regardless of when the customer actually retrieves the notification.
If the customer does not object within one month of receipt of the notification, the terms and conditions in the amended form become part of the contract. easyLOOP® GmbH undertakes to inform the customer in the notification of the consequences of failing to object.

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The customer has a special right of cancellation within a period of four weeks after receipt of the notification of change. If the customer objects, easyLOOP can terminate the contractual relationship within the regular cancellation period.

 

2. subject matter of the contract

2.1 easyLOOP® GmbH enables the customer the non-exclusive and non-transferable use of the online CMS stored on the server of easyLOOP® GmbH or with business partners and the storage space set up there for the customer to the agreed extent. The use takes place under a top-level domain ("end abbreviation": .de, .com, .net etc.) with a domain name provided by easyLOOP® GmbH or already secured by the customer (sub-level domain).

With regard to the registration and administration of the aforementioned domains, explicit reference is made to the explanations under point 4.4.

2.2 Services that are provided at the customer's request and go beyond the usual scope of the services to be provided by easyLOOP® GmbH in accordance with point 2.1 are recorded and invoiced separately.

 

3. fulfilment of the contract

3.1 A contract is only concluded after the customer's order with the express or implied acceptance by easyLOOP® GmbH. It processes and fulfils the accepted orders within a reasonable period of time. Delays in performance due to force majeure and due to events that make performance significantly more difficult or impossible - this includes, in particular, official orders, failure or disruptions in the area of network or telephone providers, etc. - are the responsibility of easyLOOP® GmbH. - easyLOOP® GmbH is not responsible for such events, even in the case of bindingly agreed deadlines and dates. They entitle the customer to postpone the service for the duration of the hindrance.

3.2 easyLOOP® GmbH is authorised to provide the required services itself or through third parties and to change, expand or adapt the online CMS to technical progress at any time without notice. If the customer suffers a demonstrable disadvantage from the latter points, he has a special right of cancellation within a period of four weeks after the change comes into effect.

3.3 Access to the online CMS will only be activated after receipt of the set-up fee listed in the first invoice and the monthly usage fees in the account of easyLOOP® GmbH. (Further information on prices and terms of payment under point 5.)

3.4 The customer receives a user name and a password with the help of which he gains access to the online CMS in order to edit and manage the area made available to him himself. The customer has the right to set easyLOOP® GmbH a reasonable grace period if the handover of the access data is exceeded by more than four weeks after acceptance of the order and to withdraw from the contract by written declaration after this period has expired. This does not apply in the event of delays caused by the customer or in the event of force majeure.

3.5 easyLOOP® GmbH guarantees 99% availability of the server on an annual average. Excluded from this are times in which the server is not available due to technical or other problems that are beyond the control of easyLOOP® GmbH (e.g. force majeure, official orders, failure or disruptions in the area of network or telephone providers, etc.). easyLOOP® GmbH may restrict access to the services if the security of network operation, the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, software or stored data require this.

3.6 easyLOOP® GmbH accepts no liability for the negligent loss of customer data in the database provided to the customer. To secure the data, all data is saved once a day ("backup"). In the event of data loss, only the status prior to the last data backup can be restored.

3.7 A personal computer or a terminal solution with functional Internet access is required to use the online CMS. The online CMS works flawlessly under the default settings of the aforementioned programmes. Under certain circumstances, if the standard settings are changed on the computer used by the customer, use may only be possible to a limited extent. Malfunctions resulting from this do not constitute a defect. Any other reported malfunctions will be rectified immediately by easyLOOP® GmbH or third parties.

3.8 easyLOOP® GmbH assumes no liability for the presentation of www pages. All pages displayed to the customer (on paper or in electronic form) are to be regarded as samples, which may vary greatly depending on the system environment on which the pages are displayed. In particular, it should be noted that graphical representations are not possible on text-orientated browsers.

 

4. Customer obligations

4.1 The customer is responsible for the access data received in accordance with point 3.3 and its confidentiality. easyLOOP® GmbH is not liable for damages incurred by the customer due to loss or misuse of the access data.

4.2 easyLOOP® GmbH has no obligation to check and assumes no liability for the content of the website created by the customer with the easyLOOP® GmbH online CMS. The customer indemnifies easyLOOP® GmbH from any third-party claims for this reason.

4.3 The customer undertakes not to store any defamatory, youth-endangering, pornographic, extremist or other illegal content, regardless of the country of the world, on his storage space or make it accessible on the Internet. If easyLOOP® GmbH becomes aware that the customer is acting contrary to this obligation, it is authorised to immediately block Internet access until this content or access options are removed or legally secure proof is provided that this content is harmless. The customer's obligation to pay continues for the period of the blocking. easyLOOP® GmbH is not liable for damages resulting from the blocking for the customer or for third parties. In addition, easyLOOP® GmbH reserves the right to terminate the contractual relationship for cause.

4.4 The allocation, registration and administration of domains ("top-level domain"; e.g. .at, .de, .net etc.; and "sub-level domain" = domain name) is carried out by DENIC eG, Frankfurt/ M. (for ".de top-level domains") or by other registries, such as nic.at. easyLOOP® GmbH acts only as an intermediary in the procurement of Internet domains in the relationship between the customer and the relevant registry and assumes no guarantee or liability for the availability or allocation of a specific domain or specific domains. As the owner and authorised user ("admin-c") of the domain, the customer undertakes to take note of and comply with the respective registration conditions and registration guidelines of the registries.

4.5 The customer shall inform easyLOOP® GmbH of any changes to his address within two weeks. The change of address or company name will be charged at € 59.00.

4.6 The customer authorises easyLOOP® GmbH to place a link to www. easyLOOP.at or www.homepage-baukasten.at (e.g. "created with easyLOOP) on the Internet pages created, if this does not impair the overall appearance of the Internet presence. In addition, easyLOOP® GmbH may list the customer's website as a reference on the easyLOOP® GmbH website. easyLOOP® GmbH does not have to make use of these options.

 

5. Prices and terms of payment

5.1 The net prices (one-time setup fee and monthly usage fees) of the current easyLOOP® GmbH price list apply to the scope of services of the easyLOOP® GmbH online CMS, plus the applicable statutory VAT. Any additional services will be charged separately (see point 2.2).

5.2 The customer will be notified of price increases during the term of the contract in accordance with point 1.2. The customer has a special right of cancellation within a period of four weeks after receipt of the notification of the price increase.

5.3.1 Price increases due to index adjustments shall not be announced in advance. The agreed prices are subject to an annual index adjustment based on the consumer price index 2005 or a subsequent index replacing it. easyLOOP® GmbH is entitled to carry out the value adjustment in the course of each year if the index fluctuation exceeds 3%. In the event of a price adjustment, the value on the basis of which the adjustment was made is deemed to be the new reference value for future changes. The non-exercise of the right to value adjustment does not constitute a waiver of future adjustments. Index adjustments to the fees do not entitle the customer to extraordinary cancellation.

5.3.2 Price increases of the domains due to price adjustments by the domain registries will not be announced in advance, as easyLOOP® GmbH has no influence on the pricing of the domain registries. Price adjustments to the fees do not entitle the customer to extraordinary cancellation.

5.4 The payments for the set-up fee or other services (see point 2.2), and the monthly usage fees for the online CMS easyLOOP® GmbH are due on the 12th of each month of the billing period after the first invoice is issued. If the 12th of the month falls on a Sunday or public holiday, the next working day shall apply. They are collected by direct debit. The customer issues a corresponding order on the order form. The General Terms and Conditions of Sparkasse Kufstein apply here.
Instructions for the direct debit order for direct debits:

• The direct debit order for direct debits can be cancelled at any time.

• The amounts to be debited from the account are not subject to any amount limit.

• The account-holding bank is authorised to return direct debits, in particular if the account does not have the required funds. Partial payments are not to be made.

• The account-holding bank is authorised to no longer execute this order if the account does not have the required cover. In such a case, the payee will be notified.

• The forwarding of this direct debit order to the payee shall not give rise to any liability on the part of the account-holding bank.

• The payer(s) may not raise any objections to the account-holding bank against debits made under this order. Objections relating to the legal transaction on which the direct debit is based shall be settled directly between the payer(s) and the payee.

• A cancellation of the order shall apply from the time of receipt by the account-holding bank. The payer(s) shall notify the payee at the same time.

• Furthermore, the "General Terms and Conditions of the Austrian Savings Banks" version 2001 shall apply.

5.5 Payments for the set-up fee or other services (see point 2.2) are due after invoicing.

5.6 Invoices shall be sent to the contact email address provided by the customer. If the customer requests invoices to be sent by post, a processing fee of € 2.50 per invoice will be charged.

5.7 A processing fee of € 15.00 shall be charged for returned direct debits due to the fault of the customer (e.g. insufficient funds in the account).

5.8 In the event of a delay in payment of more than 30 days or the initiation of legal dunning proceedings, Internet access shall be blocked immediately and the website taken offline. The customer's obligation to pay continues to exist for the period of the blocking.
The blocking is maintained until the overdue payments and other costs incurred (reminder costs, legal fees, processing costs, interest on arrears, etc.) have been settled. easyLOOP® GmbH is not liable for damages resulting from the blocking for the customer or for third parties. In addition, easyLOOP® GmbH reserves the right to terminate the contractual relationship extraordinarily if no payment is made within a reasonable period of time.

5.9 The customer is only entitled to offset, withhold or reduce payment if the counterclaims are undisputed or have been legally established.

5.10 Invoices to other European countries are not subject to the VAT of the respective European country. In the recipient country, the procedure with tax liability of the recipient of the service applies in accordance with Art. 21 of the 6th VAT Directive of the European Union (77/388/EEC). The prerequisite for this is that easyLOOP has a "valid" VAT identification number. We reserve the right to charge VAT additionally if and to the extent that we are held liable for this.

 

5.11 List of fees (prices are net)

Moving domains from easyLOOP to another provider. Deletion of all data in the system to avoid problems with the new provider.	€ 16.42
Change of DNS records .	According to effort
Setup of email addresses per address. Only for contracts with a monthly fee of less than € 49,-	€ 12.70
Change of bank details	€ 13.56
Suspension of an email account due to the infection of viruses or Trojan horses on local customer computers. Prevention of SPAM being sent via the servers.	€ 97.78
Re-dispatch of lost invoices by e-mail as PDF -  per invoice	€ 2.50
Re-dispatch of lost invoices by post as PDF - per invoice	€ 4.50

 

6. contract term and cancellation

6.1 The contract term for the monthly payments is unlimited and can be cancelled at any time with one month's notice to the end of a contract year. Cancellation must be made by registered letter to be effective. One-off payments for homepage analysis (HPA), search term analysis (SBA) and homepage set-up fees are excluded from this.

6.2 The right to extraordinary termination for good cause - in particular in the event of serious and persistent breaches of contractual or statutory provisions, default in payment, etc. - remains unaffected. - remains unaffected. In this case, easyLOOP® GmbH has the right to block Internet access immediately. easyLOOP® GmbH is not liable for damages resulting from the blocking for the customer or for third parties. If the reason for extraordinary cancellation is the fault of the customer, the customer must reimburse easyLOOP® GmbH for the costs arising from the premature termination of the contract.

6.3 Special cancellation rights of the customer are explained in more detail under points 1.2, 3.2 and 5.2.

 

7. warranty

The customer must notify easyLOOP® GmbH immediately of any defects. easyLOOP® GmbH is entitled to choose whether to rectify any defective services or to provide new services. In the event of repeated, unsuccessful rectification, the customer is entitled to withdraw from the contract. A warranty for defects for which easyLOOP® GmbH is not responsible is excluded.

 

8. data protection

8.1 easyLOOP® GmbH is authorised to process data about the customer received within the scope of the business relationship or in connection with it, regardless of whether this data originates from the customer himself or from third parties, in accordance with the Data Protection Act. This notice replaces the notification in accordance with the Federal Data Protection Act that personal data about the customer is stored and processed by means of EDP.

8.2 The client is aware that, due to the structure of the Internet, it is possible to intercept data transmitted by websites or programmes. The customer accepts this risk. easyLOOP® GmbH is not liable for breaches of confidentiality of transmitted information.

 

9. liability

9.1 easyLOOP® GmbH is only liable for claims for damages if it or its vicarious agents are guilty of intent or gross negligence.

9.2 easyLOOP® GmbH is not liable for the information transmitted via the websites to their visitors, neither for their completeness, accuracy or timeliness, nor for the fact that they are free of third-party rights or that the sender acts unlawfully by transmitting the information.

9.3 Liability and claims for compensation for direct damages are limited to the order value. Liability for indirect damages such as loss of profit, business interruption, loss of information and data and/or other non-material and financial losses etc. is excluded.

9.4 Reference is made to the aforementioned exclusions of liability in sections 3.6, 4.1, 4.2, 4.3, 4.4, 5.7, 6.2 and 9.2.

 

10 Applicable law and place of jurisdiction

10.1 These General Terms and Conditions and the entire legal relationship between easyLOOP® GmbH and the customer shall be governed by the laws of Austria.

10.2 The exclusive place of jurisdiction is Kufstein.

 

11. severability clause

If a provision in these General Terms and Conditions or another provision within the framework of agreements is invalid, this shall not affect the validity of all other provisions or agreements. The offending provision or agreement shall be replaced by a substitute clause that corresponds to the economic purpose of the original clause. The same applies to any loopholes.


As of August 2013

Impressum

easyLOOP GmbH

Maximilian Str. 7
A-6330 Kufstein

Phone +43 720 883 050
eMail info@easyloop.at

UID ATU68173219
Company form GmbH
Company register number 403397 g
Company register court: Landesgericht Innsbruck
Management Int. Dipl. Betr. Korbinian Andernach
Authority according to ECG BH Kufstein
Company group advertising and market communication
Business register 705-17561

Data protection

The protection of your personal data is of particular concern to us. Your data will be processed by us on the basis of the statutory provisions (General Data Protection Regulation No 2016/679 - hereinafter referred to as "GDPR" and the national data protection regulations).

 

1. controller

The controller within the meaning of Article 4(7) GDPR is the operator of this website in accordance with the information in the legal notice (also referred to as "we", "us" in this privacy policy). There you will also find all the necessary contact details for asserting your rights (point 6.).

 

2. personal data

We only process the personal data that you provide to us (by visiting our website or through the information you provide in a contact form or newsletter registration), such as your first name, surname, email address, telephone number and email address: First name, surname, email address, telephone number, date of birth/age, gender, bank details (e.g. credit card number, account number), IP address; not all of the specified data types are affected or must be specified in every case. We do not process special categories of personal data within the meaning of Art. 9 GDPR on this website.

 

3. processing of personal data

The processing of your personal data takes place primarily for the fulfilment of a contract or for the implementation of pre-contractual measures (Art. 6 para. 1 lit. b GDPR), as we cannot prepare, conclude or fulfil a contract with you without this data. Furthermore, the processing is carried out to protect our legitimate interests or the legitimate interests of third parties (Art. 6 para. 1 lit. f GDPR), in particular also for the purposes of operational security of the website, receivables management, direct marketing in analogue and digital form, existing customer advertising, statistical evaluation and the improvement of our range of services and their quality (for the right of withdrawal, see point 6.).

We will only process your personal data to the extent covered by the GDPR. As a rule, your personal data will not be transferred to third parties. If a transfer to third parties should be necessary - for example to fulfil a contract - this transfer will take place in accordance with the provisions of the GDPR. In this case, we ask you to also observe the data protection declarations of these third parties, as these may apply. An exception to this is the use for statistical and similar purposes, for which no personal data is transmitted, but only anonymised data that does not allow the identification of a natural person and cannot be assigned to a specific natural person (see also points 8, 9, 10).

 

4. data security

Your personal data is protected by organisational and technical measures, such as protection against unauthorised access and technical data security precautions.

Please note, however, that despite these efforts, it cannot be completely ruled out that data that you disclose via the Internet could still be viewed and potentially used by other persons. We can therefore accept no liability or responsibility for errors in data transmission or unauthorised access by third parties (e.g. hacker attacks, spyware, malware, etc.).

 

5. storage of personal data

We will only retain your personal data for as long as is necessary to fulfil contractual or legal obligations (corresponding retention obligations may arise, for example, in particular from tax regulations or product liability regulations). If this is no longer necessary, the data will be deleted.

 

6. information, erasure, right to lodge a complaint

Subject to the existence of any statutory confidentiality obligations, you have the right to obtain information about your stored personal data, its origin, the purpose of processing and, if applicable, the recipient of this data at any time. You also have the right to request the correction, transfer, restriction of processing, blocking or deletion of your personal data if it is incorrect or the basis for data processing no longer applies. You also have the option to object to the processing of your personal data on the basis of Article 6(1)(f) GDPR ("protection of legitimate interests").

We ask you to address all of these claims to one of the contact options/contact persons specified in our website legal notice.

We would like to point out that any objection has no influence on the permissibility of the processing of personal data on the basis of other permissions in accordance with Art. 6 GDPR.

If you believe that the processing of your personal data violates applicable data protection regulations or that your rights under data protection law have been violated in any other way, you have the right to lodge a complaint with the competent supervisory authority (pursuant to Art 77 GDPR)

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7. use of cookies

In order to customise the website to your needs and collect certain information, we use various technologies, including cookies. Cookies are used to simplify Internet use and communication

.

Cookies are small text files that our website sends to your browser and that are stored on your computer in order to save them there as an anonymous identifier. The purpose of these cookies is, for example, to better control the connection during your visit to our website and to provide more effective support when you return to our website. Without this temporary "caching", some applications would require you to re-enter data you have already entered. A cookie only contains the data that a server outputs and/or the user enters on request (e.g. structure: information on domain, path, expiry date, cookie name and value). Cookies therefore contain purely technical information, no personal data. Cookies also cannot spy on the user's hard drive, cause damage or the like.

The following types of cookies may be used:

- Session cookies: These are automatically deleted when the internet browser is closed.

- Persistent cookies: These remain stored on your computer for a certain period of time, the duration depends on the stored expiry date.

- Third party cookies: These may also include cookies from various social media platforms (such as Facebook, Twitter, You Tube, Instagram, Pinterest, Flickr etc) or other internet service providers (such as Google). These cookies collect information such as length of visit, page views, movement via links, etc. They are used, for example, to display certain advertising content resulting from search histories, websites visited and the like. These cookies cannot be read by us.

If you wish, you can generally suppress the storage of cookies (or certain types of cookies) via your web browser or decide whether or not you wish them to be stored. However, not accepting cookies may mean that some pages are no longer displayed correctly or that their usability is restricted.

 

8. analysis tools

The website uses Google Analytics, a web analysis service of Google Inc ("Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer and enable your use of the platform to be analysed. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, if IP anonymisation is activated on the website/platform, your IP address will first be truncated by Google within member states of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information to analyse your use of the website/platform, to compile reports on website activity and to provide the website operator with other services relating to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available at this link: https://tools.google.com/dlpage/gaoptout?hl=en

Google offers to prevent the collection of data by Google Analytics. To do this, please visit the corresponding Google website.

 

9. Facebook plugins

This website uses Facebook social plugins, which are operated by Facebook Inc (1 Hacker Way, Menlo Park, California 94025, USA; "Facebook"). The plugins can be recognised by the Facebook logo or the terms "Like", "Gefällt mir", "Teilen" etc. in the Facebook colours (blue and white). The plugins are only activated when you click on the corresponding buttons. You have the option of activating the plugins once or permanently. The plugins establish a direct connection between your browser and the Facebook servers. We have no influence whatsoever on the nature and scope of the data that the plugin transmits to the Facebook servers. The plugin informs Facebook that you as a user have visited this website. There is a possibility that your IP address will be saved. If you are logged into your Facebook account during your visit to this website, this information will be linked to it. If you use the functions of the plugin - for example, by sharing a post or clicking the "Like" button - the corresponding information will also be transmitted to Facebook and may be linked to your Facebook account. You can only prevent this by logging out before using the plugin. For more information on the collection and use of data by Facebook, your rights in this regard and options for protecting your privacy, please refer to Facebook's privacy policy.

 

10. other web tools

Other Google web tools may be used on this website (such as "Google AdWords", "Google AdSense", "Google AdExchange" or "Google Double Klick for Publishers") - we are happy to provide information about whether and to what extent these tools are used and ask you to contact us if you have any questions using one of the contact options provided in the website's legal notice. We do not process any of your personal data when using these tools, but data processing may be carried out by Google itself - please refer to the relevant Google data protection information to obtain further details on the use of your personal data.

 

11. newsletter

You have the option of subscribing to our newsletter via the website. This is of course voluntary and can be cancelled at any time. To be included in our newsletter database, we need your email address and your declaration that you agree to receive the newsletter. As soon as you have registered for this newsletter, you will receive an e-mail message with a link to confirm your registration ("double opt-in"). You can unsubscribe from the newsletter at any time; to unsubscribe, please use one of the contact options provided in the website's legal notice or click on the unsubscribe link included in every issue of the newsletter.

 

12. reservation of the right to make changes

We reserve the right to amend this privacy policy if necessary, for example to reflect legal developments in the area of data protection. The adapted/amended data protection provisions will then apply to the future use of our website. We therefore recommend that you consult it from time to time.

 

General Terms and Conditions AGB

1. general

1.1 easyLOOP® GmbH is an Internet & advertising agency based in 6323 Bad Häring in Tyrol. easyLOOP® GmbH provides services on the basis of the following terms and conditions, which are available on the Internet at www.homepagebaukasten.at and www.easyloop.net at any time. They apply to all further contracts from the same business relationship with a customer, even if they are not expressly included again. Any terms and conditions to the contrary, insofar as they are not specified or individually agreed below, shall not apply.

 

1.2 easyLOOP® GmbH reserves the right to amend these terms and conditions at any time. In this case, the customer will be notified of the changes within a reasonable period of time before they come into effect. The notification is sent to the contact email address provided by the customer with a link to the amended terms and conditions on the easyLOOP® GmbH homepage and is deemed to have been delivered upon dispatch, regardless of when the customer actually retrieves the notification.
If the customer does not object within one month of receipt of the notification, the terms and conditions in the amended form become part of the contract. easyLOOP® GmbH undertakes to inform the customer in the notification of the consequences of failing to object.

.

The customer has a special right of cancellation within a period of four weeks after receipt of the notification of change. If the customer objects, easyLOOP can terminate the contractual relationship within the regular cancellation period.

 

2. subject matter of the contract

2.1 easyLOOP® GmbH enables the customer the non-exclusive and non-transferable use of the online CMS stored on the server of easyLOOP® GmbH or with business partners and the storage space set up there for the customer to the agreed extent. The use takes place under a top-level domain ("end abbreviation": .de, .com, .net etc.) with a domain name provided by easyLOOP® GmbH or already secured by the customer (sub-level domain).

With regard to the registration and administration of the aforementioned domains, explicit reference is made to the explanations under point 4.4.

2.2 Services that are provided at the customer's request and go beyond the usual scope of the services to be provided by easyLOOP® GmbH in accordance with point 2.1 are recorded and invoiced separately.

 

3. fulfilment of the contract

3.1 A contract is only concluded after the customer's order with the express or implied acceptance by easyLOOP® GmbH. It processes and fulfils the accepted orders within a reasonable period of time. Delays in performance due to force majeure and due to events that make performance significantly more difficult or impossible - this includes, in particular, official orders, failure or disruptions in the area of network or telephone providers, etc. - are the responsibility of easyLOOP® GmbH. - easyLOOP® GmbH is not responsible for such events, even in the case of bindingly agreed deadlines and dates. They entitle the customer to postpone the service for the duration of the hindrance.

3.2 easyLOOP® GmbH is authorised to provide the required services itself or through third parties and to change, expand or adapt the online CMS to technical progress at any time without notice. If the customer suffers a demonstrable disadvantage from the latter points, he has a special right of cancellation within a period of four weeks after the change comes into effect.

3.3 Access to the online CMS will only be activated after receipt of the set-up fee listed in the first invoice and the monthly usage fees in the account of easyLOOP® GmbH. (Further information on prices and terms of payment under point 5.)

3.4 The customer receives a user name and a password with the help of which he gains access to the online CMS in order to edit and manage the area made available to him himself. The customer has the right to set easyLOOP® GmbH a reasonable grace period if the handover of the access data is exceeded by more than four weeks after acceptance of the order and to withdraw from the contract by written declaration after this period has expired. This does not apply in the event of delays caused by the customer or in the event of force majeure.

3.5 easyLOOP® GmbH guarantees 99% availability of the server on an annual average. Excluded from this are times in which the server is not available due to technical or other problems that are beyond the control of easyLOOP® GmbH (e.g. force majeure, official orders, failure or disruptions in the area of network or telephone providers, etc.). easyLOOP® GmbH may restrict access to the services if the security of network operation, the maintenance of network integrity, in particular the avoidance of serious disruptions to the network, software or stored data require this.

3.6 easyLOOP® GmbH accepts no liability for the negligent loss of customer data in the database provided to the customer. To secure the data, all data is saved once a day ("backup"). In the event of data loss, only the status prior to the last data backup can be restored.

3.7 A personal computer or a terminal solution with functional Internet access is required to use the online CMS. The online CMS works flawlessly under the default settings of the aforementioned programmes. Under certain circumstances, if the standard settings are changed on the computer used by the customer, use may only be possible to a limited extent. Malfunctions resulting from this do not constitute a defect. Any other reported malfunctions will be rectified immediately by easyLOOP® GmbH or third parties.

3.8 easyLOOP® GmbH assumes no liability for the presentation of www pages. All pages displayed to the customer (on paper or in electronic form) are to be regarded as samples, which may vary greatly depending on the system environment on which the pages are displayed. In particular, it should be noted that graphical representations are not possible on text-orientated browsers.

 

4. Customer obligations

4.1 The customer is responsible for the access data received in accordance with point 3.3 and its confidentiality. easyLOOP® GmbH is not liable for damages incurred by the customer due to loss or misuse of the access data.

4.2 easyLOOP® GmbH has no obligation to check and assumes no liability for the content of the website created by the customer with the easyLOOP® GmbH online CMS. The customer indemnifies easyLOOP® GmbH from any third-party claims for this reason.

4.3 The customer undertakes not to store any defamatory, youth-endangering, pornographic, extremist or other illegal content, regardless of the country of the world, on his storage space or make it accessible on the Internet. If easyLOOP® GmbH becomes aware that the customer is acting contrary to this obligation, it is authorised to immediately block Internet access until this content or access options are removed or legally secure proof is provided that this content is harmless. The customer's obligation to pay continues for the period of the blocking. easyLOOP® GmbH is not liable for damages resulting from the blocking for the customer or for third parties. In addition, easyLOOP® GmbH reserves the right to terminate the contractual relationship for cause.

4.4 The allocation, registration and administration of domains ("top-level domain"; e.g. .at, .de, .net etc.; and "sub-level domain" = domain name) is carried out by DENIC eG, Frankfurt/ M. (for ".de top-level domains") or by other registries, such as nic.at. easyLOOP® GmbH acts only as an intermediary in the procurement of Internet domains in the relationship between the customer and the relevant registry and assumes no guarantee or liability for the availability or allocation of a specific domain or specific domains. As the owner and authorised user ("admin-c") of the domain, the customer undertakes to take note of and comply with the respective registration conditions and registration guidelines of the registries.

4.5 The customer shall inform easyLOOP® GmbH of any changes to his address within two weeks. The change of address or company name will be charged at € 59.00.

4.6 The customer authorises easyLOOP® GmbH to place a link to www. easyLOOP.at or www.homepage-baukasten.at (e.g. "created with easyLOOP) on the Internet pages created, if this does not impair the overall appearance of the Internet presence. In addition, easyLOOP® GmbH may list the customer's website as a reference on the easyLOOP® GmbH website. easyLOOP® GmbH does not have to make use of these options.

 

5. Prices and terms of payment

5.1 The net prices (one-time setup fee and monthly usage fees) of the current easyLOOP® GmbH price list apply to the scope of services of the easyLOOP® GmbH online CMS, plus the applicable statutory VAT. Any additional services will be charged separately (see point 2.2).

5.2 The customer will be notified of price increases during the term of the contract in accordance with point 1.2. The customer has a special right of cancellation within a period of four weeks after receipt of the notification of the price increase.

5.3.1 Price increases due to index adjustments shall not be announced in advance. The agreed prices are subject to an annual index adjustment based on the consumer price index 2005 or a subsequent index replacing it. easyLOOP® GmbH is entitled to carry out the value adjustment in the course of each year if the index fluctuation exceeds 3%. In the event of a price adjustment, the value on the basis of which the adjustment was made is deemed to be the new reference value for future changes. The non-exercise of the right to value adjustment does not constitute a waiver of future adjustments. Index adjustments to the fees do not entitle the customer to extraordinary cancellation.

5.3.2 Price increases of the domains due to price adjustments by the domain registries will not be announced in advance, as easyLOOP® GmbH has no influence on the pricing of the domain registries. Price adjustments to the fees do not entitle the customer to extraordinary cancellation.

5.4 The payments for the set-up fee or other services (see point 2.2), and the monthly usage fees for the online CMS easyLOOP® GmbH are due on the 12th of each month of the billing period after the first invoice is issued. If the 12th of the month falls on a Sunday or public holiday, the next working day shall apply. They are collected by direct debit. The customer issues a corresponding order on the order form. The General Terms and Conditions of Sparkasse Kufstein apply here.
Instructions for the direct debit order for direct debits:

• The direct debit order for direct debits can be cancelled at any time.

• The amounts to be debited from the account are not subject to any amount limit.

• The account-holding bank is authorised to return direct debits, in particular if the account does not have the required funds. Partial payments are not to be made.

• The account-holding bank is authorised to no longer execute this order if the account does not have the required cover. In such a case, the payee will be notified.

• The forwarding of this direct debit order to the payee shall not give rise to any liability on the part of the account-holding bank.

• The payer(s) may not raise any objections to the account-holding bank against debits made under this order. Objections relating to the legal transaction on which the direct debit is based shall be settled directly between the payer(s) and the payee.

• A cancellation of the order shall apply from the time of receipt by the account-holding bank. The payer(s) shall notify the payee at the same time.

• Furthermore, the "General Terms and Conditions of the Austrian Savings Banks" version 2001 shall apply.

5.5 Payments for the set-up fee or other services (see point 2.2) are due after invoicing.

5.6 Invoices shall be sent to the contact email address provided by the customer. If the customer requests invoices to be sent by post, a processing fee of € 2.50 per invoice will be charged.

5.7 A processing fee of € 15.00 shall be charged for returned direct debits due to the fault of the customer (e.g. insufficient funds in the account).

5.8 In the event of a delay in payment of more than 30 days or the initiation of legal dunning proceedings, Internet access shall be blocked immediately and the website taken offline. The customer's obligation to pay continues to exist for the period of the blocking.
The blocking is maintained until the overdue payments and other costs incurred (reminder costs, legal fees, processing costs, interest on arrears, etc.) have been settled. easyLOOP® GmbH is not liable for damages resulting from the blocking for the customer or for third parties. In addition, easyLOOP® GmbH reserves the right to terminate the contractual relationship extraordinarily if no payment is made within a reasonable period of time.

5.9 The customer is only entitled to offset, withhold or reduce payment if the counterclaims are undisputed or have been legally established.

5.10 Invoices to other European countries are not subject to the VAT of the respective European country. In the recipient country, the procedure with tax liability of the recipient of the service applies in accordance with Art. 21 of the 6th VAT Directive of the European Union (77/388/EEC). The prerequisite for this is that easyLOOP has a "valid" VAT identification number. We reserve the right to charge VAT additionally if and to the extent that we are held liable for this.

 

5.11 List of fees (prices are net)

Moving domains from easyLOOP to another provider. Deletion of all data in the system to avoid problems with the new provider.	€ 16.42
Change of DNS records .	According to effort
Setup of email addresses per address. Only for contracts with a monthly fee of less than € 49,-	€ 12.70
Change of bank details	€ 13.56
Suspension of an email account due to the infection of viruses or Trojan horses on local customer computers. Prevention of SPAM being sent via the servers.	€ 97.78
Re-dispatch of lost invoices by e-mail as PDF -  per invoice	€ 2.50
Re-dispatch of lost invoices by post as PDF - per invoice	€ 4.50

 

6. contract term and cancellation

6.1 The contract term for the monthly payments is unlimited and can be cancelled at any time with one month's notice to the end of a contract year. Cancellation must be made by registered letter to be effective. One-off payments for homepage analysis (HPA), search term analysis (SBA) and homepage set-up fees are excluded from this.

6.2 The right to extraordinary termination for good cause - in particular in the event of serious and persistent breaches of contractual or statutory provisions, default in payment, etc. - remains unaffected. - remains unaffected. In this case, easyLOOP® GmbH has the right to block Internet access immediately. easyLOOP® GmbH is not liable for damages resulting from the blocking for the customer or for third parties. If the reason for extraordinary cancellation is the fault of the customer, the customer must reimburse easyLOOP® GmbH for the costs arising from the premature termination of the contract.

6.3 Special cancellation rights of the customer are explained in more detail under points 1.2, 3.2 and 5.2.

 

7. warranty

The customer must notify easyLOOP® GmbH immediately of any defects. easyLOOP® GmbH is entitled to choose whether to rectify any defective services or to provide new services. In the event of repeated, unsuccessful rectification, the customer is entitled to withdraw from the contract. A warranty for defects for which easyLOOP® GmbH is not responsible is excluded.

 

8. data protection

8.1 easyLOOP® GmbH is authorised to process data about the customer received within the scope of the business relationship or in connection with it, regardless of whether this data originates from the customer himself or from third parties, in accordance with the Data Protection Act. This notice replaces the notification in accordance with the Federal Data Protection Act that personal data about the customer is stored and processed by means of EDP.

8.2 The client is aware that, due to the structure of the Internet, it is possible to intercept data transmitted by websites or programmes. The customer accepts this risk. easyLOOP® GmbH is not liable for breaches of confidentiality of transmitted information.

 

9. liability

9.1 easyLOOP® GmbH is only liable for claims for damages if it or its vicarious agents are guilty of intent or gross negligence.

9.2 easyLOOP® GmbH is not liable for the information transmitted via the websites to their visitors, neither for their completeness, accuracy or timeliness, nor for the fact that they are free of third-party rights or that the sender acts unlawfully by transmitting the information.

9.3 Liability and claims for compensation for direct damages are limited to the order value. Liability for indirect damages such as loss of profit, business interruption, loss of information and data and/or other non-material and financial losses etc. is excluded.

9.4 Reference is made to the aforementioned exclusions of liability in sections 3.6, 4.1, 4.2, 4.3, 4.4, 5.7, 6.2 and 9.2.

 

10 Applicable law and place of jurisdiction

10.1 These General Terms and Conditions and the entire legal relationship between easyLOOP® GmbH and the customer shall be governed by the laws of Austria.

10.2 The exclusive place of jurisdiction is Kufstein.

 

11. severability clause

If a provision in these General Terms and Conditions or another provision within the framework of agreements is invalid, this shall not affect the validity of all other provisions or agreements. The offending provision or agreement shall be replaced by a substitute clause that corresponds to the economic purpose of the original clause. The same applies to any loopholes.


As of August 2013

Impressum

easyLOOP GmbH

Maximilian Str. 7
A-6330 Kufstein

Phone +43 720 883 050
eMail info@easyloop.at

UID ATU68173219
Company form GmbH
Company register number 403397 g
Company register court: Landesgericht Innsbruck
Management Int. Dipl. Betr. Korbinian Andernach
Authority according to ECG BH Kufstein
Company group advertising and market communication
Business register 705-17561

Data protection

The protection of your personal data is of particular concern to us. Your data will be processed by us on the basis of the statutory provisions (General Data Protection Regulation No 2016/679 - hereinafter referred to as "GDPR" and the national data protection regulations).

 

1. controller

The controller within the meaning of Article 4(7) GDPR is the operator of this website in accordance with the information in the legal notice (also referred to as "we", "us" in this privacy policy). There you will also find all the necessary contact details for asserting your rights (point 6.).

 

2. personal data

We only process the personal data that you provide to us (by visiting our website or through the information you provide in a contact form or newsletter registration), such as your first name, surname, email address, telephone number and email address: First name, surname, email address, telephone number, date of birth/age, gender, bank details (e.g. credit card number, account number), IP address; not all of the specified data types are affected or must be specified in every case. We do not process special categories of personal data within the meaning of Art. 9 GDPR on this website.

 

3. processing of personal data

The processing of your personal data takes place primarily for the fulfilment of a contract or for the implementation of pre-contractual measures (Art. 6 para. 1 lit. b GDPR), as we cannot prepare, conclude or fulfil a contract with you without this data. Furthermore, the processing is carried out to protect our legitimate interests or the legitimate interests of third parties (Art. 6 para. 1 lit. f GDPR), in particular also for the purposes of operational security of the website, receivables management, direct marketing in analogue and digital form, existing customer advertising, statistical evaluation and the improvement of our range of services and their quality (for the right of withdrawal, see point 6.).

We will only process your personal data to the extent covered by the GDPR. As a rule, your personal data will not be transferred to third parties. If a transfer to third parties should be necessary - for example to fulfil a contract - this transfer will take place in accordance with the provisions of the GDPR. In this case, we ask you to also observe the data protection declarations of these third parties, as these may apply. An exception to this is the use for statistical and similar purposes, for which no personal data is transmitted, but only anonymised data that does not allow the identification of a natural person and cannot be assigned to a specific natural person (see also points 8, 9, 10).

 

4. data security

Your personal data is protected by organisational and technical measures, such as protection against unauthorised access and technical data security precautions.

Please note, however, that despite these efforts, it cannot be completely ruled out that data that you disclose via the Internet could still be viewed and potentially used by other persons. We can therefore accept no liability or responsibility for errors in data transmission or unauthorised access by third parties (e.g. hacker attacks, spyware, malware, etc.).

 

5. storage of personal data

We will only retain your personal data for as long as is necessary to fulfil contractual or legal obligations (corresponding retention obligations may arise, for example, in particular from tax regulations or product liability regulations). If this is no longer necessary, the data will be deleted.

 

6. information, erasure, right to lodge a complaint

Subject to the existence of any statutory confidentiality obligations, you have the right to obtain information about your stored personal data, its origin, the purpose of processing and, if applicable, the recipient of this data at any time. You also have the right to request the correction, transfer, restriction of processing, blocking or deletion of your personal data if it is incorrect or the basis for data processing no longer applies. You also have the option to object to the processing of your personal data on the basis of Article 6(1)(f) GDPR ("protection of legitimate interests").

We ask you to address all of these claims to one of the contact options/contact persons specified in our website legal notice.

We would like to point out that any objection has no influence on the permissibility of the processing of personal data on the basis of other permissions in accordance with Art. 6 GDPR.

If you believe that the processing of your personal data violates applicable data protection regulations or that your rights under data protection law have been violated in any other way, you have the right to lodge a complaint with the competent supervisory authority (pursuant to Art 77 GDPR)

.

 

7. use of cookies

In order to customise the website to your needs and collect certain information, we use various technologies, including cookies. Cookies are used to simplify Internet use and communication

.

Cookies are small text files that our website sends to your browser and that are stored on your computer in order to save them there as an anonymous identifier. The purpose of these cookies is, for example, to better control the connection during your visit to our website and to provide more effective support when you return to our website. Without this temporary "caching", some applications would require you to re-enter data you have already entered. A cookie only contains the data that a server outputs and/or the user enters on request (e.g. structure: information on domain, path, expiry date, cookie name and value). Cookies therefore contain purely technical information, no personal data. Cookies also cannot spy on the user's hard drive, cause damage or the like.

The following types of cookies may be used:

- Session cookies: These are automatically deleted when the internet browser is closed.

- Persistent cookies: These remain stored on your computer for a certain period of time, the duration depends on the stored expiry date.

- Third party cookies: These may also include cookies from various social media platforms (such as Facebook, Twitter, You Tube, Instagram, Pinterest, Flickr etc) or other internet service providers (such as Google). These cookies collect information such as length of visit, page views, movement via links, etc. They are used, for example, to display certain advertising content resulting from search histories, websites visited and the like. These cookies cannot be read by us.

If you wish, you can generally suppress the storage of cookies (or certain types of cookies) via your web browser or decide whether or not you wish them to be stored. However, not accepting cookies may mean that some pages are no longer displayed correctly or that their usability is restricted.

 

8. analysis tools

The website uses Google Analytics, a web analysis service of Google Inc ("Google"). Google Analytics uses so-called "cookies", text files that are stored on your computer and enable your use of the platform to be analysed. The information generated by the cookie about your use of this website is usually transmitted to a Google server in the USA and stored there. However, if IP anonymisation is activated on the website/platform, your IP address will first be truncated by Google within member states of the European Union or in other states party to the Agreement on the European Economic Area. Only in exceptional cases will the full IP address be transmitted to a Google server in the USA and truncated there. On behalf of the operator of this website, Google will use this information to analyse your use of the website/platform, to compile reports on website activity and to provide the website operator with other services relating to website activity and internet usage. The IP address transmitted by your browser as part of Google Analytics will not be merged with other Google data. You may refuse the use of cookies by selecting the appropriate settings on your browser, however please note that if you do this you may not be able to use the full functionality of this website. You can also prevent Google from collecting the data generated by the cookie and relating to your use of the website (including your IP address) and from processing this data by Google by downloading and installing the browser plug-in available at this link: https://tools.google.com/dlpage/gaoptout?hl=en

Google offers to prevent the collection of data by Google Analytics. To do this, please visit the corresponding Google website.

 

9. Facebook plugins

This website uses Facebook social plugins, which are operated by Facebook Inc (1 Hacker Way, Menlo Park, California 94025, USA; "Facebook"). The plugins can be recognised by the Facebook logo or the terms "Like", "Gefällt mir", "Teilen" etc. in the Facebook colours (blue and white). The plugins are only activated when you click on the corresponding buttons. You have the option of activating the plugins once or permanently. The plugins establish a direct connection between your browser and the Facebook servers. We have no influence whatsoever on the nature and scope of the data that the plugin transmits to the Facebook servers. The plugin informs Facebook that you as a user have visited this website. There is a possibility that your IP address will be saved. If you are logged into your Facebook account during your visit to this website, this information will be linked to it. If you use the functions of the plugin - for example, by sharing a post or clicking the "Like" button - the corresponding information will also be transmitted to Facebook and may be linked to your Facebook account. You can only prevent this by logging out before using the plugin. For more information on the collection and use of data by Facebook, your rights in this regard and options for protecting your privacy, please refer to Facebook's privacy policy.

 

10. other web tools

Other Google web tools may be used on this website (such as "Google AdWords", "Google AdSense", "Google AdExchange" or "Google Double Klick for Publishers") - we are happy to provide information about whether and to what extent these tools are used and ask you to contact us if you have any questions using one of the contact options provided in the website's legal notice. We do not process any of your personal data when using these tools, but data processing may be carried out by Google itself - please refer to the relevant Google data protection information to obtain further details on the use of your personal data.

 

11. newsletter

You have the option of subscribing to our newsletter via the website. This is of course voluntary and can be cancelled at any time. To be included in our newsletter database, we need your email address and your declaration that you agree to receive the newsletter. As soon as you have registered for this newsletter, you will receive an e-mail message with a link to confirm your registration ("double opt-in"). You can unsubscribe from the newsletter at any time; to unsubscribe, please use one of the contact options provided in the website's legal notice or click on the unsubscribe link included in every issue of the newsletter.

 

12. reservation of the right to make changes

We reserve the right to amend this privacy policy if necessary, for example to reflect legal developments in the area of data protection. The adapted/amended data protection provisions will then apply to the future use of our website. We therefore recommend that you consult it from time to time.