General Terms and Conditions (GTC) of Appvelox GmbH
As of: 2.1.2019
These General Terms and Conditions (hereinafter referred to as “GTC”) apply to the business relationship between Appvelox GmbH (hereinafter referred to as “Appvelox”), A-2345 Brunn am Gebirge, Wienerstraße 19/1/2, and its customers and partners, and regulate the mutual rights and obligations. All services are offered and performed exclusively on the basis of these General Terms and Conditions. Deviating, conflicting or supplementary general terms and conditions do not become part of the contract, even if they are known, unless Appvelox agrees to their validity in writing. In the following, the term “customer” refers to companies, organisations, HR service providers, media and portal operators as well as private individuals, for example applicants and other users of Appvelox web services. Whoever uses services, products, apps, websites or other services of Appvelox agrees to these GTC and their compliance.
Appvelox operates Internet services, software development, consulting services and offers applicants and companies the online platform “instapp” for an efficient application process. Appvelox offers applicants the opportunity to get in touch with companies in order to apply, and companies the opportunity to access the data entered and released by the applicants, and subsequently both sides a platform to communicate with each other, as well as accompanying services.
Scope of performance
The exact scope of Appvelox’s services is defined in the respective Service Level Agreement (“SLA”) with the customer. Unless otherwise agreed, Appvelox provides the services during the usual business hours of Appvelox and guarantees an availability of 99% on an annual average. Appvelox will take care of the provision and availability of the services according to the respective SLA. For services provided free of charge (e.g. free accesses, test accesses) there is basically no guaranteed scope of services and no SLA, these can also be changed, revoked, discontinued or restricted in scope at any time.
In the case of individual development and consulting services, the facilities and technology used by Appvelox for the provision of services are based on the qualitative and quantitative performance requirements of the customer as determined on the basis of the information provided by the customer. If new customer requirements make it necessary to change the services or the technology used, Appvelox will submit a corresponding offer at the customer’s request.
Appvelox is entitled to change the facilities used to provide the services at its own discretion if no impairment of the services is to be expected. Services by Appvelox, which are used by the customer beyond the agreed scope of services, will be remunerated by the customer according to actual personnel and material expenses at the respective rates valid at Appvelox. This includes in particular services outside the usual business hours at Appvelox, the analysis and elimination of disturbances and errors which have arisen due to improper handling or operation by the customer or other circumstances for which Appvelox is not responsible. Training services are also generally not included in the services and require a separate agreement.
If Appvelox mediates services of third parties at the request of the customer, these contracts are exclusively concluded between the customer and the third party under the respective terms and conditions of the third party. Appvelox is only responsible for the services provided by itself. The customer undertakes to support all measures which are necessary for the provision of the services by Appvelox. Furthermore, the customer undertakes to take all measures which are necessary for the fulfilment of the contract and which are not included in the scope of services of Appvelox.
Rights and duties
A contract is concluded between Appvelox and companies or applicants in writing or implied or as agreed by Appvelox through the provision of services by Appvelox. The respective contract is concluded when Appvelox confirms it in writing or provides the requested service.
All customers are responsible for the complete delivery of faultless, suitable contents, data and materials. This includes all data, information and documents, for example texts, photos, videos, advertisements, job advertisements, logos, brands, personal details, etc., provided to Appvelox by customers and partners. All customers undertake to use or deliver only content for which they have the rights of use. The customer holds Appvelox harmless and indemnifies Appvelox from any claims. The customer is forbidden to enter incomplete, wrong, misleading or illegal information. For the duration of the business relation the customers clear Appvelox an unrestricted work use permission at all contents and materials, and permit the processing and storage in the context of the service to be furnished and according to the attitudes and transactions transacted by the customers. Appvelox undertakes to use the contents only in connection with the service to be provided, in compliance with the applicable laws, storage obligations and judicial instructions. Any further transfer to third parties without the consent of the customer is expressly excluded by Appvelox.
Appvelox is not obliged to check the materials provided by customers or partners before their publication or afterwards. Therefore Appvelox assumes no liability for possible illegal or incorrect contents. Customers shall indemnify and hold Appvelox harmless against any claims made against Appvelox due to violations of the law by the company.
Delays or errors of a content or technical nature caused by the user are not the responsibility of Appvelox and do not lead to any reimbursement claims. Appvelox reserves the right to delete or close contents or customer accounts at any time and without giving reasons if these contents or optically violate legal or official prohibitions as well as good manners or if these are unreasonable for Appvelox for other reasons, including violations of Appvelox’s relevant business interests and the suspicion of copyright abuse or false or misleading information.
Appvelox is not obliged to store, secure or guarantee the availability of any material or content after the termination of the business relationship. If a customer should not use his user account for a long time, Appvelox is entitled to close it after a corresponding warning by e-mail and to delete all associated data. The customer is responsible to keep his contact data, especially his e-mail address, up to date in order to be reachable for messages and system warnings. Appvelox is not obliged to check or guarantee the correct delivery of messages, as this is not technically possible for a sender of e-mail. However, Appvelox assures the customer to design and operate his e-mail systems accordingly in order to offer a high delivery quality.
All customers are obliged to use all information provided on the platform, as well as received messages, only for the intended purpose. The use for other purposes, in particular the passing on to third parties against payment or free of charge or the use by third parties is prohibited. The sending of unfair, immoral or offensive content as well as any violation of morality or legal regulations is prohibited, as is the sending of messages that do not serve the purpose of the platform, such as the attempt to offer services, goods or similar or to advertise.
All users of Appvelox services are obliged to treat the passwords and access codes or log-in data required for the use of the services confidentially and not to pass them on to third parties under any circumstances. Loss of passwords or indications of unauthorized access to the user account are to be reported immediately to Appvelox, Appvelox is not liable for damages resulting from the loss of log-in data.
Appvelox is liable to the client for damages demonstrably caused by him only in case of gross negligence. This also applies analogously to damages caused by third parties called in by the contractor. Appvelox is not liable for claims or damages of a company due to a contact with an applicant, or vice versa. The liability for indirect damages – such as loss of profit, costs connected with a business interruption, loss of data or claims of third parties – is expressly excluded.
Use of data, data protection
Appvelox undertakes to use confidential data only in connection with the service to be provided, in compliance with applicable laws, storage obligations and judicial instructions. Any further transfer to third parties without the consent of the customer is expressly excluded by Appvelox.
If customers use applications of third parties via the services of Appvelox, they receive partial access to the data of the customer. The customer is made aware of the circumstance when calling up such an application and agrees to the data transfer necessary for the application by further use. For location-based services, the customer’s terminal device (e.g. smartphone) queries the current location. This information is processed and stored insofar as it is necessary for the performance of the service in order to be able to show offers or contents adapted to the location.
Websites and online services of Appvelox use web analysis services and cookies (text files in the browser with a user identification) for the evaluation of the usage behaviour and for the optimization of the offers. Analyses can be published in aggregated and anonymous form. The access to documents at Appvelox can be made visible for the other party involved, e.g. the access to an application by a company can be shown to the applicant as a protocol entry.
Customers and partners undertake to treat all data and information which they receive within the framework of the business relationship with Appvelox and which are to be assessed as confidential confidentially and not to make them accessible to third parties. This obligation remains valid beyond the termination of the contract as well as the business relationship. The contact data may only be used within the scope of the transaction pursued by both parties, for example to process an application. Any use beyond this, for example for other commercial activities that have nothing to do with the purpose of the platform, is strictly prohibited and leads to claims for damages. Customers commit themselves to the observance of all data protection-legal and personality protection-legal regulations and will indemnify and hold Appvelox harmless, should claims be asserted against Appvelox due to violations of the law.
Appvelox is entitled to forward master data and traffic data as well as information, which are known to us about customers, to courts and authorities in the context of the legal regulations, in particular the copyright law, the telecommunication law and criminal law, if Appvelox is requested either judicially or officially to it. Appvelox will bring to its attention any punishable actions that have become known to it to the security authorities.
The invoice is issued immediately after placing the order and is sent to the company by e-mail, fax or post. The company expressly consents to the transmission of invoices by e-mail. In the absence of any other agreement, the invoice shall be due without deductions immediately after delivery.
Payments to Appvelox have to be made with debt-discharging effect exclusively to the account named in the invoice of Appvelox. For the timeliness of the payment the credit note on the account announced by Appvelox is decisive for transfers. In the case of default of payment, default interest in the amount of 7% above the base interest rate shall be deemed agreed. In case of default, the contractual partner is obliged to reimburse not only the interest on arrears but also all appropriate procedural and extra- procedural costs of making the claim collectable, including the costs of a lawyer called in by Appvelox. If Appvelox carries out the dunning process itself, Appvelox is entitled to a flat fee of EUR 35.00 for each reminder. Claims asserted by the company do not entitle Appvelox to withhold agreed payments. The set-off with counterclaims or the retention of payments by the company for any reason whatsoever is excluded and in any case inadmissible. In any case, Appvelox is entitled at its own discretion to make an advance payment a condition for the provision of services in the case of (follow-up) orders.
Duration and termination
Contracts are concluded for a fixed or indefinite period of time. A contract concluded for a certain period of time ends with the time limit or the agreed date specified therein, or with the expiry of a quota without the need for a separate notice of termination. If the contract is concluded for an indefinite period, either party may terminate the contract by giving three months’ written notice to the end of each month. If there is an important reason, Appvelox and the customer can terminate the business relationship or parts thereof with immediate effect at any time. Important reasons are in particular breaches of duty against the general terms and conditions and other contractual agreements as well as the cessation of the business activity.
Applicable law, place of jurisdiction and language
Exclusive place of jurisdiction for disputes arising from or in connection with the business relationship is the competent court at the Appvelox headquarters. The language used for all information and general terms and conditions as well as for communication with the company is German. The business relationship is exclusively subject to Austrian law excluding the conflict of laws rules. Appvelox is entitled to transfer all work permissions with transfer of a part or the whole enterprise without restriction, without it requires the approval of the enterprise.
Should individual provisions of these GTC be invalid in whole or in part, this shall not affect the validity of the remaining provisions. Oral collateral agreements do not exist. All agreements, subsequent amendments, supplements, subsidiary agreements etc. must be in writing in order to be valid. This shall also apply to any waiver of the written form requirement. Declarations by fax and e-mail shall suffice for the written form.
Amendments to the GTC shall be announced at least one month before they come into effect by e-mail, via the website or in any other suitable manner. If the application of new GTC is not objected to in writing within this period, the new GTC shall be deemed accepted and shall apply to all business transactions and contracts from now on. Should customers not have agreed to or objected to the sending of e-mail, or should they no longer be reachable via the e-mail address deposited with Appvelox, they themselves are responsible for regularly informing themselves about possible changes on the website.