§ 1 Scope and applicability
1. The General Terms and Conditions of I-Profi are
applicable to all internet services that I-Profi
provides with respect to the client. They are
also applicable to all future transactions,
even if explicit reference is not made to them.
2. As a supplement to the I-Profi General Terms and
Conditions, the General Terms for Data Processing
Services by Computer Centers, published by the Management
Consulting and Data Processing Professional Association,
Austrian Chamber of Commerce, are also applicable in their
§ 2 Legal provisions
1. The customer is obligated to adhere to the Austrian
laws regarding I-Profi, even in international data communication,
and to report violations of the law that are noticed.
2. In addition, when there are violations of Austrian law or
international law (such as telecommunications law, media law,
Nazi prohibition law, pornography law, copyright law and criminal
law, in particular), the customer is obligated to indemnify I-Profi
against every loss that arises from data and messages transmitted,
disseminated or issued by the customer, and to indemnify and hold
I-Profi harmless from and against third-party actions.
3. Regardless of fault, the customer is responsible for
all activities that take place on his connection, and will
indemnify and hold I-Profi harmless from and against all
losses that result. Also included in the absolute
indemnification, in particular, are fines of any type
to be paid, and the costs of a corresponding legal defense
always as well.
§ 3 Contract term
1. The minimum contract term for services by I-Profi amounts
to 1 year for domains that end with "at." and "co.at.", and "or.at."
top level domains, and 2 years for domains in the ".info", ".biz" and
2. Without a written notice of contract
termination with a period of notice of 30 days
to the end of the 12-month period,
each current contract extends
automatically by an additional 12 months.
The information contained in the catalogs, brochures,
websites and similar items are controlling only if reference
is made to them explicitly in the order confirmation.
The minimum contract term for a link
amounts to 1 year.
dispatch of the annual invoice takes place,
14 day period of notice for termination.
§ 4 Payment of compensation
1. The invoice for services is to be paid in
advance for each contract period, and to the extent
that nothing is stipulated otherwise, it is due for
payment without discount promptly upon receipt of the
2. If the stipulated compensation does not
arrive at the account provided in the invoice in a
timely manner, I-Profi can block access without prior
notice until the arrival of the payment. The block on
access has no effect on the payment obligation for periods
of service for which notice of termination has not been provided.
3. In the case of payment default, I-Profi is entitled to
charge for expenses and costs that arise as a result,
along with the customary bank default interest rate.
4. To the extent that nothing is stipulated otherwise in the
order, the prices specified in the offer or in the order
form are applicable.
In the case of payment default, I-Profi is
entitled to commission a collection agency
at the expense of the customer.
§ 5 Exclusion of liability
1. I-Profi is liable for losses outside of the
scope of the products liability law only to the
extent that intent or gross negligence is proven,
in the context of the legal provisions. Liability
is precluded for simple negligence, for compensation
for consequential damages and financial losses,
savings not realized, lost profits, lost data,
interest losses and losses from claims by third
parties against the customer. In particular, all
claims from the failure of the I-Profi servers,
whatever the grounds, are precluded.
2. I-Profi is not liable for the content,
completeness, correctness and so forth of
transmitted or requested data, or for data
that are accessible via I-Profi.
3. I-Profi makes no guarantee that the offered
services will always be available and that the
data on the I-Profi computers will always be
4. I-Profi reserves the right to suspend
individual publicly accessible offers if
legal provisions require it.
5. I-Profi is liable for losses caused by employees,
assistants or agents only in cases of intent
or gross negligence. This applies for customer
support in particular. I-Profi accepts no
liability for losses that arise from an official
telecommunications authorization or another
official permits that are required but not
granted, or from contractual third-party
permits or approval that are required but not granted.
§ 6 Data protection
1. I-Profi makes use of all possible technical measures
to protect the customer data that it stores. However, I-Profi
is not liable if third parties access this data in an unlawful
manner and reuse it. The assertion of a claim against I-Profi
for losses of the party to the contract or third parties
from a context of this sort is precluded by common accord.
§ 8 Withdrawal
1. I-Profi is entitled to withdraw
from the contract if
a) the user has a disproportionate data transfer volume
in relation to that agreed to with him, or if the user
makes excessive use of the service;
b) if a bankruptcy proceeding is opened regarding the
assets of the partner to the contract, or if a request
for the introduction of a bankruptcy proceeding is
denied due to insufficient assets;
c) the user repeatedly breaches "netiquette"
and the generally accepted standards of network
usage, engages in unsolicited advertising and spamming
(aggressive direct mailing), the use of the service
for transmitting threats, obscenity, harassment
or to the harm of another members.
2. Without prejudice to I-Profi's claims for
compensation for damages, services or partial
performance already provided are to be billed
for and paid for according to the contract
in the case of a withdrawal. This also applies
to the extent that the delivery or service was
not yet accepted by the buyer, as well as for
acts of preparation performed by I-Profi.
3. If the partner to the contract withdraws
from the contract for reasons that are not
the responsibility of I-Profi, then compensation
for damages in the amount of the expenditures
proven as made by I-Profi (but no less than
20% of the net value of the order) is
considered stipulated, whereby judicial
discretion is precluded.
§ 10 Changes to the General Terms and Conditions,
and to the compensation
1. Notice of changes to the General Terms and Conditions,
and to the compensation, will be provided to the customer
in writing (via email). The changes are considered accepted
if the customer does not object to them in writing (via email)
within 30 days after the notice is sent. The objection is
considered notice of termination.
§ 11 Other provisions
1. All notifications and declarations related to
this contractual relationship are valid only
if they are provided in writing or via email.
2. I-Profi's digital signatures are acknowledged
as legally valid.
3. I-Profi is entitled to commission other companies
to perform services from this contractual relationship.
4. The customer will provide immediate notice to I-Profi of
changes to its name or the designation that it provided to I-Profi,
as well as each change in its address (relocation of registered offices)
or its legal form and its commercial register number, but no later than
within one month after the change. If the customer does not make such changes
known, and if declarations from I-Profi that have legal significance (invoices,
reminders or notices of termination, in particular) are sent to the customer at
the last address he made known to I-Profi, these declarations from I-Profi are
nevertheless considered received.
5. Even if individual provisions and terms of the contract are
legally invalid, the remaining parts of the contract remain valid.
This does not apply if adhering to the contract in this case would represent
an unreasonable hardship for a party to the contract.
10. Goods sold remain the property of I-Profi
until paid for in full.
§ 12 Court of jurisdiction
Vienna is considered stipulated as the court of jurisdiction,
except for complaints against consumers in the sense of the Consumer
Protection Act who reside overseas, or who have their normal residence
overseas, or who are employed domestically. Austrian law applies exclusively.
Status as of January 2006