Housebook GmbH, FN 479445 t, HG Innsbruck, Salzburgerstraße 22b, A-6380 St. Johann in Tirol ( further Housebook), develops, sells, and manages software for documenting the whole building process and managing real estate. Housebook makes available to the client the following services: access, memory storage space, an unlimited number of apps and the Q-codes in an independent package.
2. Area of application:
2.3. Housebook reserves all rights of property and copyright for all offers of service as well as all data, documents and information made available to the client. Knowledge of, or access to, the above data and information will be subject to formal approval by Housebook. After expiration of the contract, they are to be returned to Housebook immediately and all copies are to be destroyed as soon as they are no longer necessary to the client for the normal operation of its business.
3. Registration /Finalization of the contract
3.1. For permission to use the services sold by Housebook it is necessary to register and place a formal order on www.housebook.at/preise/en/. A formal order is an offer by the client to Housebook for closing a legally binding service contract.
3.2. The client has a duty to provide true and complete information when registering and placing an order.
3.3. It does not confer a right to conclude the contract. Housebook has a right to refuse to conclude a contract without having to state any reasons.
3.4. During the registration and ordering process, an email conﬁrming registration and conclusion of contract will be sent to the email address provided by the client . Only after receiving a QR-code to be afﬁxed to the real estate will the client be able to access the system via the Housebook app. The ﬁrst log in and location identiﬁcation close the registration process.
4. Services/ object of the contract
4.1 Housebook gives the client access to a system consisting of several modules for building-process documentation and real estate management. In addition, it provides memory storage space, an unlimited number of apps and QR-codes. Modules are accessible at www.housebook.at/preise/en/ with the codes provided to the client.
4.2. By placing the modules and their usage at the disposal of the client , Housebook makes possible a comprehensive documentation of all relevant data and information concerning an object.
5. Client’s obligations, duties and rules of conduct:
5.1. The QR-codes are strictly conﬁdential and the client has to guard against unauthorized access by third parties. If the client has reason to believe that a third party has in some way gained knowledge of the access codes, he is obligated to immediately inform Housebook of this fact. The client is liable to Housebook for any damages resulting from neglect of this duty of care.
5.2. The client is obligated to use all services and information provided by Housebook only in accordance with the terms of the contract, and to refrain from actions of any kind susceptible to cause damage to Housebook or other users, or susceptible to restrict or complicate access to the services by other users. Any tips or recommendations provided by Housebook either in the original contract or at a later date are understood to be part of the terms of the contract and must be complied with. The client is required to keep regularly informed of such tips and recommendations at www.housebook.at/en/.
5.3. The client is responsible for making certain that the software is not mis-used. The client enters personal information at his own risk. He has sole responsibility for the stored data. The client will not store malicious code or ﬁles containing viruses in the database.
5.4. The client will be liable to Housebook for any damages or economic prejudice resulting from neglect of these obligations and agrees not to seek damages or redress from Housebook.
6. Availability/ Warranty:
6.1. Housebook does not warrant the constant and uninterrupted availability of its services, particularly in case of maintenance, software updates, or other circumstances -such as technical problems due to a third party- that cannot be inﬂuenced by Housebook. The client agrees not to seek damages or warranty claims from Housebook in such cases.
6.2. An interruption of service for up to three consecutive days will not constitute grounds for a claim to damages or other compensation due to terms of service.
6.3. Housebook reserves the right to delete data pertaining to a building project after it has been completed and is under no obligation to keep the data in storage.
7. Liabilities /Disclaimer
7.1. Insofar as it does not contravene existing legislation, Housebook will be liable for any damages caused by them, their employees or auxiliary persons in the framework of this contract. This liability will only apply for damages caused by gross negligence and/or premeditation. This limitation of liability will not apply in cases of damages to persons.
7.2. Regardless of the limitation of liability according to paragraph 7.1, Housebook shall not be liable for any secondary damage, loss of proﬁt, loss of data or pecuniary loss.
7.3. Housebook shall not be liable for the data content stored in www.housebook.at/en/ by the client or any third party or any damages or economic losses of any kind resulting from this data content.
8. Suspension of services
In case the provision of agreed-upon services or part of the agreed-upon services to the client is deemed economically not viable, Housebook shall be entitled to suspend services or part thereof. Housebook will give the client immediate notice.
9.2. Any claims for damages or other claims on the part of Housebook against the client will remain unaffected.
11. Duration / termination of the contract
11.1. This contract is valid for an indeterminate period of time. The client may terminate this contract at any time by giving written notice at the latest one month before the end of a quarter. Housebook may terminate this contract at any time by giving written notice three months prior to the end of the month.
11.2. Housebook may terminate this contract in writing without prior notice and with immediate effect if sufﬁcient reasons exist. Sufﬁcient reasons shall be in particular, when the client has not paid the agreed user fee at least one month after payment reminder, or after he has breached any of the terms of this contract and failed to cure the breach within 14 days after receiving notice of the breach.
12. Intellectual property and conﬁdentiality
12.1. Plans, sketches and other technical documents, as well as brochures, catalogs, samples and such remain the intellectual property of Housebook. Any utilization or copying will require express permission from Housebook.
12.2. The client also has an obligation of conﬁdentiality and may in no way disclose or grant access to information in the database to a third party without prior express permission from Housebook.
12.3. Housebook and the client are bound by the provisions of DSG 2000 as by other relevant legislation regarding conﬁdentiality. This obligation shall survive after the contract has been terminated or taken over by a third party.
13. Right of withdrawal
A client has a right to withdraw from a contract or a contract application only when it concerns a consumer business. In addition, any client may withdraw if he hasn’t initiated the business contact and no negotiations have preceded the conclusion of the contract. This right of withdrawal must be exercised before conclusion of the contract for within one week of its conclusion. Time starts with the issue of the deed, or at the earliest at the time the contract is concluded. The right of withdrawal must be exercised in writing.
14. Payment conditions
15. Empowerment and right of cancellation
The client expressly authorizes Housebook and/or their agents, in accordance with (ref.), to collect, process and use all information covered by the contractual agreement between Housebook and the client for purposes covered by the agreement. The authorization under (ref.) can be revoked at any time.
16. Transfer of personal information to third parties
Housebook shall not sell, exchange, or in any other way make unauthorized use of personal data or information. Furthermore, Housebook shall not transfer any client personal information to third parties, except in cases where the client has authorized it, or there exists a legal obligation to release such data.
17. Place of fulﬁllment, jurisdiction, applicable law and choice of language
17.1. Place of fulﬁllment is St. Johann i. Tirol. For litigation involving consumers under the consumer protection law (Konsumentenschutzgesetz – KSchG- ), who are permanent residents or usual residents of Austria, or who work in Austria, the usual jurisdiction shall apply.
17.2. Applicable law shall be exclusively Austrian law. Both parties speciﬁcally disclaim the application of international law and of the UN convention on contracts involving the international sales of goods. The valid contractual language is German.
18. Severability clause Should any provisions in this contract prove to be null and void, or should any provisions become such while this contract applies, The remaining provisions shall be unaffected, and shall remain legal and binding. In such a case, both parties shall replace the null and void provision with one that is valid, legal and binding, and, like the provision it replaces, also reﬂects the commercial intentions of both parties in its application. 19. Concluding provisions 19.1. All legally binding notices required or permitted under the terms of this contract will be in writing and will be sent to the latest known address of the other party. Should any such notice be communicated to the latest known email address, it will be deemed to have been received by the other party. 19.2. Headings of sections have been added solely for convenience of reference and shall not be deemed part of this contract. Online Dispute Resolution in accordance with Article 14, Section 1 of ODR-VO:.. The European Commission provides a platform for online dispute resolution provides that under http://ec.europa.eu/consumers/odr/.