General Terms and Conditions of Project Networld AG
These general terms and conditions (hereinafter GTC) apply to all legal transactions and relationships between Project Networld AG (hereinafter PNW) and the users of the PNW internet service. Users are all natural and legal persons who use the PNW internet service – in whatever way. PNW internet service means the provision and operation of projectnetworld and all associated services (see also point 2.1).
By registering with PNW, the user expressly agrees to these GTC and is bound by them.
These General Terms and Conditions do not apply to legal transactions that users conclude with one another or with third parties, even if they use projectnetworld.
The user acknowledges and agrees that these terms and conditions may change from time to time, it is therefore recommended that he or she regularly access and read the – printable – terms and conditions. If the user does not agree to the new terms and conditions, he can terminate the contractual relationship immediately by registered letter.
2. Range of Services
PNW develops and operates an internet platform for project-oriented companies. In particular, projectnetworld should serve as a communication and cooperation platform and make it possible to plan, process and control projects more efficiently through worldwide access at any time. The range of services at projectnetworld can be adjusted or expanded by PNW at any time.
The projectnetworld consists of different workspaces and functions, which can be used according to different access rights.
PNW undertakes to operate, maintain and care for the modern security standards of projectnetworld in order to enable the authorized user to use projectnetworld to the agreed extent. However, the user acknowledges that, given the current state of technology, it is not possible to design computer programs and technical data processing systems in such a way that they can be operated completely free of errors and disruptions. In addition, the provision of a platform is subject to Internet influences (e.g. line providers) that PNW cannot control. For this reason, PNW does not assume any liability for the constant availability and freedom from disruption of projectnetworld, nor for specific access rates.
PNW provides users with after-sales service to solve technical problems. The user can reach customer service via email or a telephone hotline. The respective contact addresses and customer service times are announced on the PNW website or on projectnetworld under Help.
There is no entitlement to registration for projectnetworld.
In order to be able to use projectnetworld, a company must register as a user. This company registration takes place by opening a so-called user account (“company license”), which determines the maximum number of natural individual users that the respective company can enable the use of projectnetworld or parts of it at its discretion by granting an individual license (“individual licenses”). . At the same time as the application for registration, the PNW company names a natural person as the central contact person (“workroom administrator”) and a deputy (“co-workroom administrator”), who are solely authorized to do so within the framework and up to the agreed upper limit of the Assign, delete or redistribute individual licenses to natural persons. A registration/authorization granted may only be used by that individual user to whom authorization has been specifically granted.
The system stipulates that each individual user must also register before use and thereby also submits to these GTC with regard to the rights of use and restrictions on use and the content and issues the declarations of consent within the meaning of Section 7 of these GTC; Otherwise, the individual user is not a direct contractual partner of PNW, this is the registered company (owner of the company license according to point 3.2), which also undertakes towards PNW to impose these GTC in accordance with the individual users registered by it. The term “user” is used in general in these GTC for both the owner of an entrepreneurial license and for the individual user.
The data requested by PNW during registration must be given completely and correctly, e.g. B. Company name, first and last name of the individual user, current address, valid e-mail address, etc. If there is a change in the user data after registration, the workroom administrator or, if he is unable to do so, the co-workroom administrator Administrator, obliged to correct the information immediately to PNW or where the system provides for this directly, or to ensure that the user corrects it.
When registering, the user chooses a username and password. The user name must correspond to the actual name, any additions made for purposes of differentiation must not consist of an Internet address, must not infringe the rights of third parties, in particular no name or trademark rights, and must not offend common decency.
A user account (see point 3.2) is not transferable.
It is noted that projectnetworld enables users to communicate with each other, to upload, access and exchange documents and other content, to set up and process project cooperation and to prepare transactions. PNW has no influence on this content and documents and assumes no responsibility or liability whatsoever for the completeness and correctness of such content.
Irrespective of point 4.1, the user undertakes to provide truthful and factual information to the best of his knowledge and belief, that the content posted by him, including linked websites, is factually related to the object of projectnetworld, that he does not post any content in/about the projectnetworld posts or communicates that violates legal regulations or morality, including in particular pornographic and youth-endangering, racist, national socialist and other prohibited or immoral content, but also content that violates the law against unfair competition (UWG) or property rights (e.g name rights, copyrights, trademark rights, patent rights) of third parties.
The user also undertakes to comply with the provisions of the Austrian Telecommunications Act (TKG).
Any links to external websites set by PNW or by users are only pointers to these pages. PNW does not identify with the content of the websites to which reference is made and assumes no liability for them. If one of the pages to which reference is made contains questionable or irrelevant content, please contact firstname.lastname@example.org ; in such a case, PNW reserves the right to block or delete the link.
projectnetworld is not designed as an e-marketplace. Should projectnetworld nevertheless be used by users to prepare or process legal transactions, PNW assumes no liability of any kind for the security and confidentiality of such transactions, but it is recommended in such cases to encrypt the messages and sign them electronically.
Users are prohibited from sending advertising material and attaching advertising material (e.g. banners) in connection with projectnetworld; this prohibition does not extend to linked third-party websites.
The amount of the remuneration is agreed separately.
Billing is monthly to the company (enterprise license holder) and not to the individual users. Invoices are sent to the address of the company on behalf of the workroom administrator, PNW is free to change the method of invoicing at any time. Invoices are due for payment to the payment office specified by PNW within 30 days of invoicing.
In the event of default, PNW will charge default interest of 15% per year.
6. Requirements for using the cloud service
Users who use projectnetworld as part of their business activity must have all the necessary legal (especially administrative) authorizations to carry out their business activity.
The users undertake to comply with all legal provisions applicable to them and related to the use of projectnetworld.
The users undertake to handle their access rights (e.g. user name and password) with care so that unauthorized third parties have no access to them.
7. Security – Privacy and Consent Statement
PNW and its vicarious agents (e.g. a hosting data center) use modern security techniques and standards to ensure the secure transmission and storage of confidential information and data. Irrespective of this, PNW points out that the spying out, manipulation, damage and destruction of data and data packages in connection with Internet portals cannot be completely ruled out and PNW cannot assume any liability in this connection.
The user is not entitled to use mechanisms, software, data or data packages or other routines in connection with the use of projectnetworld or to inject viruses that can disrupt the operation and security of projectnetworld. The user must also not take any measures that could result in an unreasonable or excessive load on the PNW infrastructure; the user will observe any relevant instructions from the PNW.
The documents and content made available on projectnetworld may not be copied, changed, sold or otherwise distributed or otherwise used for commercial purposes without the prior consent of the rights holder. Any use of content is only permitted for internal purposes of the company license holder and the individual users, unless otherwise stated in the contract.
The user agrees that the data transmitted and collected in connection with the operation, use and maintenance of projectnetworld will be determined, stored and processed automatically by PNW, and that the data will be used for statistical evaluations.
PNW undertakes to treat all data and information of the respective user, to which it has access in connection with the operation and maintenance of projectnetworld, as confidential, not to make them accessible to third parties and to use them only to the extent permitted by these GTC and is necessary to fulfill legal obligations or to operate, optimize and maintain projectnetworld.
This confidentiality obligation does not apply to information that
(a) are generally accessible to the public or are made accessible through no fault of PNW, or
(b) must be claimed by law or under a court or official order.
The users agree to the transmission of telephone calls, faxes and e-mails within the meaning of § 101 of the Austrian Telecommunications Act (TKG) by PNW.
The users agree that PNW may refer to their websites by means of a link.
The declaration of consent under this section also applies to vicarious agents of PNW, e.g. B. the hosting data center.
The user can withdraw the above declarations of consent at any time. Revocation of the declarations of consent will result in the deletion of the user’s access authorization to the system, in which case all data will be deleted within 7 days of revocation, unless they have to be kept for legal or operational reasons.
PNW undertakes to comply with the provisions of the General Data Protection Regulation.
PNW or the specified provider or manufacturer owns the copyright or other rights of use or property rights to all Internet pages and databases made available by PNW, including graphic design, source code, software and their content. The user undertakes to observe any regulations from third-party providers regarding the use of information. The complete or projectnetworld only partial downloading, copying, saving or other use of the content offered via projectnetworld may only take place in compliance with these terms and conditions. Copyright designations and trademark notices may not be removed or altered in any other way.
The reference from another website via a hyperlink to the internet service of PNW or to websites which are listed in the context of this internet service via hyperlink requires the prior written consent of PNW or the relevant provider.
The user acknowledges that content made available by other users within the framework of projectnetworld is or may be protected under copyright, trademark or other intellectual property rights and that he will not infringe the rights of these content providers.
9. Discarding Users
PNW has the right to exclude users in the event of a violation of the law, good morals or for other important reasons, or to reject individual content or remove it from projectnetworld.
PNW also has the right to exclude users if they violate these GTC, e.g. B. if the information required under these GTC is incorrect.
If a user is excluded, PNW is not liable for any resulting damage.
PNW is not liable for slight negligence and for simple gross negligence; in other respects, the liability of PNW towards a company is limited – to the extent permitted by law – to the amount that the company concerned paid PNW in the year of the damage event, but no more than EUR 100 70,000.00.
Any liability towards the individual user by PNW is excluded; PNW has no direct contractual relationship with them. The sole contractual partner of PNW is the owner of the company license, who in turn grants individual licenses to individual users. The individual user is only subject to these GTC insofar as he also undertakes towards PNW to comply with the regulations on the use and content of projectnetworld (see also point 3.2). Should PNW nevertheless be liable to consumers within the meaning of the Consumer Protection Act, liability for slight negligence in this regard is excluded.
The aggrieved party is responsible for proving the damage, proving the illegality and the causation of the damage by PNW as well as proving fault.
11. Duration of Contract, Termination
The contractual relationship is for an indefinite period; both parties to the contract can terminate the contractual relationship by giving three months’ notice on the last day of each month.
The termination must be sent by registered letter or using electronic signatures. The notice of termination by the company must be given by organs authorized to represent.
12. Choice of Jurisdiction and Choice of Law
For disputes arising out of or in connection with projectnetworld between PNW and the users, the competent court for Vienna is exclusively responsible.
These GTC and all related agreements as well as changes and additions made between PNW and the users are subject to Austrian law to the exclusion of the conflict of law rules and any applicable UN sales law.
13. Miscellaneous Provisions
Changes or additions to these GTC, including the written form clause, must be in writing unless a stricter form is required by law, whereby the use of electronic signatures within the meaning of the Austrian Signature Act corresponds to the written form requirement. Declarations and notifications that are permitted under an agreement subject to these GTC or the annexes mentioned in them must be in writing. Transmission via e-mail is permitted where provided for in these General Terms and Conditions.
Should a provision of these GTC be or become invalid or unenforceable, the validity of the remaining provisions of these GTC shall remain unaffected. Instead of the invalid or unenforceable provision, the valid and enforceable provision that comes as close as possible to the economic purpose of the invalid or unenforceable provision shall be deemed to have been agreed. The same applies to the supplementary interpretation of the contract.
(c) Project Networld AG – all rights reserved