General Terms of Use for the BONSAI Partner Portal
1. Provider
IBB Adaptive Solutions GmbH
Schönbrunner Straße 218-220
1120 Vienna, Austria
Email: office@ibb-as.com
Phone Nr.: +43 / 1 / 907 60 29-0
Internet: www.ibb-as.com
Represented by: Dr. Christian Zeidler, Martin Kulnigg, Bernhard Hablesreiter
Commercial register: FN391311h, Vienna Commercial Court
Ust-ID-Nr.: ATU67730039
2. Description of the service
The provider provides the service on behalf of its customers. Customers have the option of inviting users via the Service in order to exchange data and information via the Service.
The provider's customer, through whom the user was invited to use this service, is not responsible for this service and has no influence on this service, so that the provider's customer is not liable for this service and the user has no claims against the provider's customer. The legal relationship to this service therefore exists exclusively between the provider and the user.
Users register on the basis of the transmitted invitation and thus gain access to the service. By means of this access, the information provided can be retrieved and requested data can be recorded in the system and securely transmitted to the customer.
The contractual conditions set out here apply to the use of the provider's software as a Software as a Service ("SaaS") or cloud offering.
The user is enabled to use the software stored and running on the servers of the provider or a service provider commissioned by the provider via an Internet connection and to store and process his data with its help.
The conditions for data protection and confidentiality for the BONSAI Partner Portal apply.
3. Type and scope of the service
The provider provides the user with the software in the agreed version at the router exit of the data center where the server with the software is located ("transfer point") for use. The software, the computing power required for use and the required storage and data processing space shall be provided by the Provider. The provider is not responsible for establishing and maintaining the data connection between the user's IT systems and the transfer point described.
4. Availability of the service
The Provider draws the User's attention to the fact that restrictions or impairments to the services provided may arise which are beyond the Provider's control. This includes, in particular, actions by third parties not acting on behalf of the provider, technical conditions of the Internet beyond the provider's control and force majeure.
The hardware, software and technical infrastructure used by the user may also have an influence on the provider's services. If such circumstances affect the availability or functionality of the service provided by the provider, the provider is not responsible for rectifying them.
The user is obliged to notify the provider immediately and as precisely as possible of any functional failures, malfunctions or impairments of the software in accordance with the agreements in the order form.
5. Rights of data processing, data protection
The Provider shall comply with the statutory data protection provisions.
The User grants the Provider the right to reproduce the data to be stored by the Provider for the User for the purposes of executing the contract and to make it available to the Provider's customer, through whom the User was invited to use this service, for the latter's free use, insofar as this is necessary to provide the services owed under this agreement. The Provider is also entitled to store the data in a failure system or separate failure data center. The Provider is also entitled to make changes to the structure of the data or the data format in order to rectify faults.
The Provider shall regularly back up the User's data on the server for which the Provider is responsible to an external backup server.
6. User data and exemption from third party claims
As a technical service provider, the provider stores content and data for the user, which the user enters and stores when using the software and makes available for retrieval. The user undertakes not to enter any punishable or otherwise illegal content and data, either in absolute terms or in relation to individual third parties, and not to use any programs containing viruses or other malware in connection with the software. With regard to the personal data entered, the user must always check whether the processing of such data via the use of the software is covered by the relevant permissions.
The user is solely responsible for all content used and data processed as well as any legal positions required for this. The provider does not take any notice of the user's content and does not check the content used by the user with the software.
In this context, the User undertakes to indemnify the Provider against any liability and any costs, including possible and actual costs of legal proceedings, if claims are asserted against the Provider by third parties, including employees of the User personally, as a result of alleged acts or omissions by the User. The Provider shall inform the User of the claim and, insofar as this is legally possible, give the User the opportunity to defend against the asserted claim. At the same time, the user shall immediately provide the provider with all available information about the facts that are the subject of the claim.
Any further claims for damages on the part of the provider remain unaffected.
The general statutory provisions shall apply.
7. Support
If the user reports a support case, he must provide as detailed a description as possible of the respective malfunction in order to enable the most efficient troubleshooting possible.
In the first instance, the user must contact the communication partner (customer of the provider through whom the user was invited to use this service). If there is a technical problem with the service, the communication partner shall forward the request to the provider.
8. Obligations of the user to cooperate
The user shall support the provider in the provision of the contractual services to a reasonable extent.
The User shall be responsible for the proper and regular backup of his data. This shall also apply to documents provided to the Provider in the course of the execution of the contract.
The necessary system requirements must be met by the user in order to use the software. The user is responsible for this.
The user must keep the access data provided to him secret and ensure that any employees who are provided with access data do the same. The provider's service may not be made available to third parties.
9. Confidentiality
The parties (these are the Provider and the User) are obliged to keep permanently secret all information about the other party that has become known or becomes known to them in connection with this contract, which is marked as confidential or is recognizable as business and trade secrets on the basis of other circumstances, and not to pass it on to third parties (whereby the provision and making available of the data entered by the User in the service by the Provider to the Provider's customer, The provision and making available of the data entered by the user in the service by the provider to the customer of the provider through which the user was invited to use this service does not constitute disclosure to third parties), to record it or to utilize it in any other way, unless the other party has expressly consented to the disclosure or use in writing or the information must be disclosed by law, court order or an administrative decision.
10. Warranty / Liability
If services are used by unauthorized third parties using the user's access data, the user shall be liable for any fees incurred as a result.
The provider is entitled to block the user immediately if there is reasonable suspicion that the stored data is unlawful and/or infringes the rights of third parties. Reasonable suspicion of illegality and/or infringement of rights exists in particular if courts, authorities and/or other third parties inform the provider of this. The provider must inform the user of the blocking and the reason for it as soon as possible. The block must be lifted as soon as the suspicion is invalidated.
Claims for damages against the provider are excluded, irrespective of the legal grounds, unless the provider or the legal representatives or vicarious agents have acted with intent or gross negligence.
The liability of the provider for slight negligence is excluded.
The provider's customer, through whom the user was invited to use this service, is not responsible for this service and has no influence on this service, so that the provider's customer is not liable for this service.
The general statutory provisions apply.
11. Miscellaneous
This agreement and its amendments as well as all contract-relevant declarations, notification and documentation obligations shall be made in writing, unless another form has been agreed or is required by law.
The agreement is subject to the law of the Federal Republic of Austria to the exclusion of international private law and the United Nations Convention on Contracts for the International Sale of Goods.
The place of jurisdiction is the registered office of the provider, insofar as the user is a merchant, a legal entity under public law or a special fund under public law.
Should individual provisions of this agreement be invalid, this shall not affect the validity of the remaining provisions. In this case, the parties shall work together to replace ineffective provisions with provisions that correspond as closely as possible to the ineffective provisions.
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