terms and condition

Terms of Service

by joobster gmbh, as of May 2018

1. General

1.1 The general terms and conditions of joobster gmbh – hereinafter referred to as joobster gmbh – apply to all offers, deals and deliveries.

1.2 Regulations deviating from joobster gmbh will not be recognized unless they are confirmed in writing by joobster gmbh.

1.3 joobster gmbh is entitled to change these general terms and conditions at any time. The customer will be informed of the changes at least 2 weeks before they come into effect by email to the email address provided. If such changes are not objected to within 2 weeks of delivery, they are considered accepted. If the changes are made to the detriment of the customer and these changes have an immediate effect, the customer can terminate the contractual relationship within one month of receiving the notification of change.

2. Order placement / service agreement

2.1 All offers are non-binding and can be revoked at any time, but no later than the next working day after a legally binding order confirmation from the customer by joobster gmbh. On the basis of a request, joobster gmbh creates a tailored offer that requires written confirmation in due time. This can be sent both by post and by email.

2.2 An offer is also considered to be bindingly accepted if the offer is accepted or approved by email in an informal and timely manner.

2.3 If the offer is accepted / approved or commissioned by the customer after the deadline specified in the offer, joobster gmbh is free to confirm the order for its part on the terms offered or to adjust the offer again with regard to time, financial and content-related aspects. These changes have to be confirmed / released again by the client so that a contract is concluded.

2.4 The general terms and conditions are recognized when the order is placed.

3. Cooperation with customers

3.1 The customer undertakes to provide correct and all necessary data.

3.2 If the customer has undertaken to procure joobster gmbh within the framework of the performance of the contract (image, sound, text, data, etc.) materials, the customer must provide these joobster gmbh immediately and in a common, immediately usable, to provide digital form as possible.

3.3 If it is necessary to convert the material provided by the customer into another format, the customer shall bear the costs incurred.

3.4 The customer ensures that joobster gmbh receives the rights required to use these materials. In doing so, he assures that he has the necessary rights to the materials provided.

3.5 joobster gmbh reserves the right to separately invoice the processing effort for documents and materials that are not provided by the customer in the required manner. If neither the concept draft nor the implementation of the concept occurs because the customer does not provide the necessary templates on time or in full, he is still obliged to pay the fee already incurred for the billing period.

3.6 If joobster gmbh takes the customer’s requests for changes into account, the customer will be charged for the additional costs incurred in accordance with the amount of time spent in accordance with the hourly or daily rates (see also Section 5).

3.7 joobster gmbh is entitled to submit components or intermediate steps of the project to the customer for partial acceptance. Subsequent requests for changes to partial steps that have already been accepted are dealt with in accordance with Section 5 or 3.6.

4. Scope of services and fees (payment)

4.1 The scope of services results from the customer information valid at the time of the order confirmation. The customer is not entitled to any subsequent additions or price changes to approved offer packages from joobster gmbh, nor is he entitled to a reimbursement of the fee paid; However, the service can be expanded with the consent of joobster gmbh.

4.2 One-off fees, provision fees, variable fees and purchase prices for other products are collected or invoiced when the service is provided or immediately before delivery. In special cases it can be deviated from, provided it has been contractually stipulated.

4.3 All prices quoted are in EURO and are net without statutory VAT (currently 20%, which is added in the event of an invoice). The agreed total amount for an order is usually due in two parts. As a deposit, 60% of the total amount is due when the order is placed, the remaining 40% of the total amount after the service has been provided. Deviating regulations can be part of an individual offer.

4.4 Invoicing takes place after the agreed delivery date. Payment is due at the latest after acceptance of the contractually provided service.
The acceptance of a service, a product or a milestone must take place no later than 14 days after handover. The service is also deemed to have been accepted if the client does not make a legitimate complaint to joobster gmbh within the specified period or gives no feedback at all.
The client is also obliged to accept if the service could not be fully provided due to the client’s insufficient duty to cooperate.

4.5 joobster gmbh retains the rights to use the services provided until full payment has been made. These rights are only transferred to the client once payment has been made in full.

4.6 The customer is also responsible for fees that other persons, authorized or unauthorized, cause via his access code. In this context, the customer undertakes to store the personal password for his access ID carefully and protected from access by third parties and to protect it from misuse and loss. He exempts joobster gmbh from costs and claims of third parties that arise from the violation of the above obligations.

4.7 The use of joobster gmbh hosting takes place at the respectively valid fees according to the order. The customer receives a written or electronic invoice for each payment transaction.

4.8 Any travel costs incurred in connection with services offered that go beyond 10 km (except for initial discussions) will be invoiced separately with the usual km flat rates and are usually part of the offer.

4.9 The client undertakes to transfer the agreed fee to joobster gmbh within 14 days of invoicing.

4.10 If the client is in arrears with due payments, joobster gmbh reserves the right to block products until payment has been received and to claim reminder and collection fees.

4.11 If the customer is in arrears with the payment of a not inconsiderable part of the remuneration for two consecutive months or with an amount corresponding to a monthly remuneration in a period longer than two months, joobster gmbh can terminate the contractual relationship for good cause without compliance with a Cancel the deadline.

4.12 The customer can only offset claims on the part of joobster gmbh with undisputed or legally established counterclaims. The customer is also only entitled to assert a right of retention or a right to refuse performance because of undisputed or legally established counterclaims.

5. Subsequent change requests from the customer

5.1 joobster gmbh can consider change requests with regard to the range of functions, the program structure and the installation modalities, but does not have to do so if they represent a deviation from the original contract content.

5.2 joobster gmbh is free to take into account the change requested by the customer for a fee of € 85 per hour worked. The fee may differ in special cases and is stipulated in the contract.

5.3 If the customer requests changes after the conclusion of the contract, there may be a reasonable delay on the part of joobster gmbh. This means that the milestones are postponed according to the time required for the change requests.

6. Contract duration

6.1 Unless otherwise agreed, a contract period of one year from the placing of the order applies to services to be provided on a regular basis (e.g. hosting and search engine optimization). However, the contractual relationship between the customer and joobster gmbh is established no later than the day the access code for joobster gmbh hosting is activated. This day then represents the start of the contract and billing, regardless of the date of payment.

6.2 The customer and joobster gmbh can terminate the contractual relationship without giving reasons with a notice period of two months before the end of the term. If the contract with joobster gmbh is not terminated in due time, the term is automatically extended by another year. Deviating conditions may be recorded in the contract.

6.3 A termination must be in writing to be effective.

6.4 The right to terminate the contract without notice for an important reason remains unaffected. An important reason exists in particular in the event of serious or continued violations of the contractual provisions as well as in the case of impracticability of the contract. In the event of termination for an important reason, joobster gmbh is entitled to cancel the development or the submission of a product, to deny access to joobster gmbh hosting immediately and to disconnect the Internet addresses assigned to this contractual relationship from the connection of the server. In this case, joobster gmbh can also block and delete stored content and messages (push notifications, emails) without setting a grace period.

7. Registration, switching, changing and terminating apps

7.1 joobster gmbh only provides non-binding information on the availability of an app name or a domain by phone or internet. Between the information and the registration, the respective stores, DENIC or another agency can allocate the data to a third party without joobster gmbh having any influence or knowledge of it. In this respect, joobster gmbh is not liable.

7.2 Unless otherwise agreed, the registration of a user or administrator takes place without the consent of the contractor. The data for registration are forwarded to the client in an automated process without guarantee. Any guarantee for the allocation of emails and user data is excluded on the part of joobster gmbh.

7.3 joobster gmbh carries out the registration or registration of apps or domains in the name and on behalf of the customer. The customer receives the rights to the registered name.

7.4 joobster gmbh receives full access rights to the respective app stores as well as web servers and servers for the entire duration of the project or the contractual relationship. These access data must be made available to joobster gmbh when the order is placed.

8. Verfügbarkeit, Wartung

8.1 joobster gmbh garantiert eine Verfügbarkeit der Server und damit der Inhalte und gespeicherten E-Mail-Nachrichten von 95% per annum. joobster gmbh übernimmt demnach keine Gewähr für die ununterbrochene Verfügbarkeit von Daten und kann die restliche Zeit für technische Arbeiten verwenden. Eine Haftung seitens joobster gmbh für durch technisch bedingte Ausfälle verursachte Datenverluste, abgebrochene Datenübertragungen oder sonstige Probleme in diesem Zusammenhang ist ausgeschlossen.
Projektabhängige Sondervereinbarungen werden vertraglich festgehalten.

8.2 Der Kunde hat, sofern nicht gesondert beauftragt, keinen Anspruch auf eine eigene IP-Adresse, einen eigenen physischen Server für seine Inhalte oder eine ihm dediziert zugeordnete Bandbreite (Leitungskapazität für Datenverkehr). Der Betrieb erfolgt zur notwendigen Kostenreduktion auf leistungsfähigen Zentralrechnern (Servern) mit einer IP-Adresse und einer insgesamt für den jeweiligen Server verfügbaren Bandbreite, wodurch Schwankungen in der tatsächlich dem Kunden zur Verfügung stehenden Bandbreite möglich sind.

9. Guarantee

9.1 joobster gmbh has the right to rectify defects in the software supplied or in the installation, including any manuals or other documents that have been prepared. The defects reported by the customer within 1 month of acceptance of the project will be remedied by joobster gmbh free of charge.

9.2 The customer must make any complaints immediately, but in any case within three days of the performance by joobster gmbh in writing and give reasons. Subsequent elimination of defects can be guaranteed via a separate support contract. This can be closed as part of the project or later.

9.3 An error to be treated is present if the respective contractual software shows a behavior that deviates from the respective service description / documentation in the latest version and this can be reproduced by the client.

9.4 In the case of justified and timely complaints, the customer only has the right to improve or replace the service by the agency. The customer expressly waives all rights that relate to the self-elimination of the defect and the reimbursement of the necessary expenses.

9.5 The reversal of the burden of proof according to § 924 ABGB at the expense of the agency is excluded. The existence of the defect at the time of handover, the time at which the defect was discovered and the timeliness of the notification of defects must be proven by the customer.

9.6 joobster gmbh does not guarantee that the customer will achieve certain successes, results or sales by using the product developed by joobster gmbh (web presence, mobile application, software, etc.).

9.7 Any claim for damages can only be asserted within six months of becoming aware of the damage

9.8 joobster gmbh’s warranty does not include defects that can be traced back to the open source systems / development software (CMS system, web shop systems, …) used. joobster gmbh is not liable for faulty software of the provider, but only for errors due to processing by joobster gmbh.

9.9 joobster gmbh develops apps for iOS. It is guaranteed to run on iOS devices with operating system 7 or higher. In special cases it can be deviated from, provided that it has been stated in the contract.

9.10 joobster gmbh develops apps for Android This ensures that it can run on Android devices from operating system 4.0. In special cases it can be deviated from, provided that it has been stated in the contract.
At the same time, due to the large number of devices on the market with different specifications and technical parameters, joobster gmbh cannot guarantee that they can run on all devices. A selection of devices on which the app should be tested and run is usually agreed with the customer and contractually stipulated.

9.11 joobster gmbh develops websites for a number of browsers. The last two versions are tested and supported for Firefox, Internet Explorer, Safari and Chrome. In special cases it can be deviated from, provided that it has been stated in the contract.

9.12 The final allocation of a domain ordered for the customer cannot be guaranteed.

9.13. Search engine optimization is carried out to the best of our knowledge and belief, taking into account current SEO parameters. However, there is no guarantee that a web presence will be taken up by the search engines; The same applies to the time, duration and position of a website in the search results, which joobster gmbh cannot guarantee.

9.14 Further claims of the customer are limited by the liability regulations of these GTC.

9.15 Claims for damages are limited in amount to the order value excluding taxes.

10. Limitation of Liability and Claims for Damages

10.1 joobster gmbh is only liable for damage caused by joobster gmbh, its legal representatives or one of its vicarious agents with gross negligence or intent, unless it concerns guaranteed properties. The above limitation of liability applies to contractual as well as non-contractual claims. Liability under the Product Liability Act remains unaffected.

10.2 Delays in performance, in the event of force majeure, as well as due to events that make the service much more difficult or impossible for joobster gmbh (operational disruptions and strikes, etc.), regardless of whether these occur in our own company or with third parties, are possible. In this case, the customer cannot demand any damage caused by delay or compensation for non-performance, but rather agrees a sufficient grace period. In the event of a delay in performance for which joobster gmbh is responsible, the customer only has the right to a reduction of the amount that would be charged by joobster gmbh for the corresponding individual order at the time of the order, excluding claims for damages.

10.3 joobster gmbh is not liable for the correct functioning of infrastructures or transmission paths of the Internet that are not in the area of responsibility of joobster gmbh or its vicarious agents (such as infrastructure operators, stores, hosters), unless there is exceptional liability according to section 10.1.

10.4 joobster gmbh is only liable for the correctness, freedom from errors, the desired functionality and completeness of the content and program modules within the framework of the liability rule according to section 10.
joobster gmbh is not responsible for content that is not on joobster gmbh’s own servers or has not been updated by joobster gmbh within the scope of the project development and – regardless of section 10 – cannot accept any liability for this content.

10.5 Despite careful content control, joobster gmbh assumes no liability for the content of external links. The operators of the linked pages or applications are solely responsible for their content.

10.6 A claim for damages according to these General Terms and Conditions is limited to the amount paid for the accounting period.

10.7 Liability for deviations that arise due to technical conditions and inconsistent standards is not accepted, as the visual, content or high-performance presentation on different output media may vary. Such deviations can occur in particular due to the display resolution, display size, device performance, etc. In this respect, the documents on which the concept is based, such as illustrations, drawings, graphics, etc., are only approximately relevant.

10.8 joobster gmbh does not check whether image, text, sound material, etc. are free from third party rights (copyrights). This obligation is the sole responsibility of the client. The customer is liable for any damage.

10.9 joobster gmbh does not guarantee the availability of certain app or domain names.

10.10 joobster gmbh excludes liability for the temporary unavailability of the hosted domain.

10.11 joobster gmbh accepts no liability for any changes that are subsequently made by the customer himself or by third parties.

10.12 joobster gmbh checks all data that is returned to the client for viruses using up-to-date virus scanners. No liability can be accepted for a potential virus attack on the customer’s / client’s computer by viruses from the Internet or viruses on data carriers (e.g. USB sticks). No claims for damages can be made.

10.13 The client undertakes to make a backup copy of the data delivered to joobster gmbh. Unless otherwise agreed, joobster gmbh is not obliged to store data from customer projects. Thus, there are no liability or damage claims against joobster gmbh if customer data can no longer be made available by joobster gmbh.

10.14 The offer from joobster gmbh is primarily about technical, graphic or conceptual services. The assistance with the integration of legally relevant texts such as general terms and conditions, imprint or revocations does not constitute legal advice and does not replace external, qualified legal advice. joobster gmbh assumes no responsibility for the legal validity or topicality of the integrated texts.

11. Data protection

11.1 joobster gmbh points out in accordance with § 33 BDSG that personal data will be stored in the context of the execution of the contract and, if necessary, forwarded to participating cooperation partners, vicarious agents and service providers of joobster gmbh to the necessary extent.

11.2 The customer consents to his data being stored and processed by joobster gmbh in electronic and other form, insofar as this is necessary for business operations. Otherwise, personal data will only be collected, processed or used if the customer agrees or a legal provision allows this.

11.3 The customer agrees that his data, insofar as this is necessary for the fulfillment of the customer’s orders, may be passed on to subcontractors and stored and processed there in electronic and other form, e.g. when registering for a search engine or domain.

11.4 If you use Google Analytics, a web analysis service from Google Inc. (“Google”), the following data protection notice applies:
Google Analytics uses so-called “cookies”, text files that are stored on the end user’s device and that enable your use of the application to be analyzed. The information generated by the cookie about the use of the application (including the IP address) is transmitted to a Google server in the USA and stored there. Google will use this information to evaluate the use of the application, to compile reports on website activity for the application operator and to provide other services related to application and internet usage. Google may also transfer this information to third parties if this is required by law or if third parties process this data on behalf of Google. Under no circumstances will Google associate the user’s IP address with other Google data. The user can prevent the installation of cookies by setting the browser software accordingly; we would like to point out, however, that in this case not all functions in the application can be used to their full extent.

11.5 In the case of the use of social plugins from the social network facebook.com, which is operated by Facebook Inc., 1601 S. California Ave, Palo Alto, CA 94304, USA (“Facebook”), the following applies
Data protection notice:
The plugins are marked with a Facebook logo or the addition “Facebook Social Plugin”. When an application created by us that contains such a plugin is called up, the user’s browser establishes a direct connection to the Facebook servers. The content of the plugin is transmitted directly from Facebook to the browser, which integrates it into the application. By integrating the plugins, Facebook receives the information that the user has called up the corresponding application. If the user is logged into Facebook, Facebook can assign the visit to the user’s Facebook account. If the user interacts with the plug-ins, for example by clicking the “Like” button or making a comment, the relevant information is transmitted directly from the application to Facebook and stored there. The purpose and scope of the data collection and the further processing and use of the data by Facebook as well as your rights and setting options for the protection of privacy can be found in Facebook’s data protection information.

12. Copyright, use of the work

12.1 The text, image and sound materials as well as programs and programmed extensions and other media created by joobster gmbh are protected by copyright unless expressly stated otherwise. Duplication, making available and making them available is only permitted with the written approval of joobster gmbh.

12.2 joobster gmbh reserves the property rights and copyrights to cost estimates, drawings, drafts and other documents.

12.3 The customer only acquires the unrestricted right of use for the content, layouts and software specially created for him. He does not acquire the copyright to programs, images, texts, videos etc. that have not been specially developed or made for the customer. The customer does not acquire the right to edit and reproduce the software developed by joobster gmbh.
joobster gmbh retains the copyright to developed source codes or other self-created developments or designs even after delivery; Exceptions are separate contractual agreements.

12.4 joobster gmbh reserves the right to transfer the rights of use to the services provided until payment has been made in full. These rights are only transferred to the client once payment has been made in full.

12.5 For all products created by joobster gmbh, unless otherwise contractually agreed, joobster gmbh has the unlimited right to present itself as the developer with name and logo and from there (as far as technically possible) to go to www. Link joobster gmbh.com and www.bizzify.io. In addition, joobster gmbh may use the implemented projects for advertising purposes (e.g. naming and linking on its own website) as a reference.

12.6 There is a ban on advertising for subcontractors of joobster gmbh. The use of results, customer information, inquiries, orders and the associated correspondence by the client for advertising purposes requires the prior written consent of joobster gmbh. In this case, however, the subcontractor undertakes to indicate the cooperation with joobster gmbh in the corresponding reference project.
The contractor will strictly maintain secrecy towards third parties about all operational processes, facilities, systems, documents, etc. that become known to him in connection with his work for the client or his customers and will not make relevant knowledge and information accessible to third parties.

12.7 The customer may not publish the work produced by joobster gmbh under a different name, unless otherwise stated in writing.

13. Search engines

13.1 Search engine optimization is offered by joobster gmbh. However, joobster gmbh cannot guarantee the recording, its time or duration or the positioning of the Internet presence in the search engines. The operator of the respective search engine alone decides on recording and positioning (by adjusting the search engine parameters). The terms of use of the individual search engines apply here. The inclusion of editorially managed search services can take up to 14 weeks. The payment of the remuneration remains unaffected.
In addition, the respective placement of the web presence in the search engine depends on the constantly changing external conditions such as the SEO measures of the competitors and can therefore not be guaranteed.

13.2 joobster gmbh offers a registration of the web presence in the corresponding search engines and web catalogs for search engine optimization.

13.3 The customer is aware that with each registration in a search engine he enters into an individual contractual relationship with the respective operator of the search engine. The customer authorizes joobster gmbh to conclude this contractual relationship for the customer.

13.4 joobster gmbh sets up a special e-mail address for the customer to register his website in the search engines. The customer undertakes to access this e-mail inbox at regular intervals and to comply with the designs and requirements of individual search engines. If the customer does not meet this requirement, he is not entitled to lodge complaints about the non-entry with joobster gmbh.

13.2 joobster gmbh offers a registration of the web presence in the corresponding search engines and web catalogs for search engine optimization.

14. Additional

14.1 All offers and prices of joobster gmbh are always non-binding and subject to change unless they have been declared binding in writing. Furthermore, all texts, information, prices, etc. from the customer information are subject to changes and errors.

14.2 joobster gmbh is entitled to commission third party service providers and vicarious agents to provide parts or the entire range of services. joobster gmbh is entitled to change the Internet infrastructure used and the service providers and vicarious agents commissioned with the implementation at any time without separate notification, provided that this does not result in any disadvantages for the customer.

14.3 Before the digital transmission of data, the customer must ensure that the transmitted files are free of any computer viruses. If joobster gmbh detects computer viruses in a file it has transmitted, this file will be deleted immediately without the customer being able to assert any claims. joobster gmbh also reserves the right to claim damages from the customer if joobster gmbh has caused damage through computer viruses infiltrated by the customer.

14.4 joobster gmbh is free to use newer or different technologies, systems, procedures or standards than initially offered to provide the services in the course of technical progress, provided the customer does not suffer any disadvantages from this.

14.5 A change in the legal form of the company joobster gmbh or a sale of individual business areas or the entire company joobster gmbh or a change of shareholders do not constitute a special right of termination.

14.6 Changes to the contract, additions and side agreements must be made in writing to be effective, unless otherwise specified in these General Terms and Conditions. The written form requirement also applies to the waiver of this form requirement.

14.9 As far as legally permissible, the place of jurisdiction is Kitzbühel. The relevant law of the Republic of Austria applies.

14.10 Should a provision of the contract be or become ineffective or should the contract be incomplete, the remaining content of the contract will not be affected. The ineffective provision shall be replaced by a provision that comes closest to the meaning and purpose of the ineffective provision in a legally effective manner. The same applies to any contractual loopholes.

You can reach us under the following contact details:

joobster gmbh | Zentastraße 6/3/9 – 4061 Pasching – Austria | +43 699 18 24 20 58 | hello@joobster.at