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General trading conditions

Overview:

Validity of the conditions
Come off the contract
Scope of services
Obligations of the customer/rights of YooGATE
Set off right and right of retention,
   achievement delay, reimbursement
Data security and privacy explanation
Software
Periods of notice
Liability and limitation of liability
Additional agreement partner
Concluding provisions

§ 1 Validity of the conditions
(1) The following business conditions apply to the services of YooGATE opposite their contracting parties (in the following customer called) offered on the web page www.YooGATE.com.
Deviations of this require the written form. The change of the written form must be in written form.
(2) YooGATE keeps itself the right in front of this AGB to change or to complete.
The changes become effective according to the announcement, if the customer does not contradict them in written form by the time of 2 weeks after the commencement of change.
If the customer contradicts punctually, the contract ends under repayment of too much performed amounts at the time of the commencement of changed AGB.
This exclusively does not apply when changes positive for the customer or, if the AGB is not changed for existing contracts.

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§ 2 Come off the contract
The contract over the use of YooGATE services takes place with the online order or registration over the web site www.YooGATE.com.
The period of the contract amounts 12 months and can be discontinued at the latest 1 month before the contract ends. At not cancellation the contract relationship renew itself by another year automatically.

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§ 3 Scope of services
(1) The range of the contractual achievements results from the contract or from the respective performance specification (with price list) of YooGATE. This is ready for call on www.YooGATE.com
(2) YooGATE remains reserving the right to enlarge and chance achievements and make improvements, in particular if the change is commercial and appears necessary, to prevent abuse or YooGATE commits to do this by change of the law situation or is bound by the jurisdiction.
Voluntary, free services and achievements which YooGATE produces, can be stopped any time and without advance notice. For the customer no claims arise from such voluntary free services and achievements.
(3) YooGATE has the right to use itself to the achievement contribution any time and on an arbitrary scale of third parties. Reduction or other requirement does not result from it for the customer.
(4) The rendering of invoice takes place online. The postal sending of the invoice is only carried out after a single request and against charges.

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§ 4 Obligations of the customer/rights of YooGATE
(1) The customer is obligated to use the YooGATE services duly. He particularly is obliged,
(a) to carry and follow the accepted principles of the data security.
(b) to refund YooGATE arisen, factual and personnel effort and expenses by a contractual contravention.
(c) to follow the valid laws in the field of any use of the www.YooGATE.com website and services of YooGATE, i.e. to not abuse the offered possibility of the link exchange. The right keeps YooGATE itself in front of legal against the distribution of particularly illegal links (child pornography, right-wing radicals contents, radicals contents, ...) to proceed.
(2)YooGATE is authorized to retract due invoice amounts and due recurring amounts of the account of the customer. The customer assigns his agreement to the direct debit by means of direct debiting services. The customer has to provide for sufficient coverage of the communicated account and to inform the operator about a change of his contract essential personal data (name, address, e-mail address, banking connection) immediately. The customer can announce personal data modifications online in the login area under www.YooGATE.com or informs them in writing. If the retracted amount of the credit account should be moving conducted (debit note return), contradicted to the direct debiting or the customer comes into delay, YooGATE is authorized to close all performances used by the customer and facilities. In this case the customer remains obliged to pay the considerations and to bear the costs of the reopening. Moreover, YooGATE can discontinue the contract relationship in such cases without compliance with a period.

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§ 5 Set off right and right of retention, achievement delay, reimbursement
(1) Against claims of YooGATE the customer can offset only with claims which are undisputed or established finally.The asserting of a right of liena is entitled to the customer only because of counter-claims from the concluded contract.
(2) Supply and achievement delays due to higher force and events, which made the achievements of YooGATE more difficult and impossible - including particular strike, lockout, official arrangements, the loss of communications networks and gateways of other operators, performance delays of the TELEKOM etc., even if they occur at suppliers or subcontractors of YooGATE or of their sub-suppliers - YooGATE have not to represent with obligatorily agreed periods and dates.
You authorize YooGATE to stop the delivery or achievement around the duration of the hindrance and to continue first after that without any financial demand of the customer again.

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§ 6 Data security and privacy explanation
(1) The employees of YooGATE are engaged by reasen of the telecommunications law (TKG) for the compliance with the data protection law and are subject to the secrecy of telecommunications in accordance with § 88 TKG and the secret hold obligations of the data protection law. Personal data of the users are not seen. The bare fact of a message exchange taken place is also subject to the secrecy duty. Routing and domain information must be passed on, however.
(2) The customer takes note of news that YooGATE does not engage or not justifiable, to store or to hold ready to be called for the customer contents data for unlimitedly particular time. If the customer does not retrieve such data within 1 year, then YooGATE cannot take on any liability for the further callableness. The customer has therefore always to provide the regular call of his data.
YooGATE stores the academic degrees, first name, surname, company, address, electronic mail address, telephone and telefax number, the inquiry date, payment modalities as well as in-payments for the obvious attitude of the contract relationship as well as others of this customer the check as person-related master data of the customers and participants in the context of the contract relationship and third parties in the context of the identity, right and business ability and the credit rating the customers YooGATE to the knowledge taken person bought data.
The master data are processed automation supported. Inquiry data are also saved on the whole for the invoice useful. YooGATE will delete the person-related master data after carrying out of all claims dating from the contract relationship at the latest seven years as far as further storage is not necessary for the fulfilment of legal obligations. Mediation data saved according to the regulations of the TKG are deleted within six months after payment of the corresponding considerations. In the case of objections against consideration claims billed for the data are deleted after being with a final decision within six months.
Maser and arrangement data are used for services of YooGATE according to the § 93, para. 4 TKG, for marketing and advertising purposes with consent of the customer. Substantial person-related data are entitles master data and others for the identity, YooGATE these have to be transmitted to the credit rating of the customer or necessary for the collection of demands to third parties for the check. Such data also can provided that this is required after the protection of data privacy legal regulations be transmitted with consent of the customers to the creditor protective associations to an end of the creditor protection.
(5) Contents data are saved in the context of the § 95 TKG and immediately deleted after provision of the achievement.

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§ 7 Software
(1) At individually created software by YooGATE the scope of work is determined by a performance specification (system analysis) countersigned by the two contract parties. The delivery contains this one executable program code and a programme description at the described plants. The rights at the programs and the documentation remain completely at YooGATE, if expressly differently does not agree.
(2)YooGATE does not take on any liability for it, that the provided software meets all requirements of the customer provided that this particularly was not made the contract contents or cooperates in the choice made by the customer with other programs and under all system configurations or that the programs run continuously and without faults or that all software bugs can be eliminated. For business business the guarantee is restricted to reproducible (constantly repeatable) defects in the program function.
(3) The passing on of software to third parties, also the short-term cession, is excluded in every case. The use of the services of YooGATE by third parties requires the express written consent of YooGATE.

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§ 8 Periods of notice
(1) see § 2
(2) In the case of a not usual and/or improper use by the customer YooGATE reserves a special right of denunciation for itself with a seven-day period of notice. This is valid also in the case of an impairment of other customer accounts and/or performances of YooGATE by the customer. In this case too much paid amounts are refunded back.

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§ 9 Liability and limitation of liability
(1) YooGATE is not liable for damages which arise by the fact that because of acts of god or because of industrial actions performances of YooGATE cease.
(2) YooGATE is not liable for escaped profit and indirect damages.
(3) YooGATE is not liable for the information transmitted about the services and neider for the completeness, correctness or topicality still for this that they are free of rights of third parties or the transmitter illegally acts by transmitting the information.
(4) The services offered on the web page www.YooGATE.com are provided without any assurance with respect to availability and quality.

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§ 10 Additional agreement partner
(1) This is held tight no commission compensation takes place at Prepaid-card on loading up amount.
(2) Object of the cooperation is the sale (in the form of arrangement) of YooGATE products by the partner in the name of YooGATE. The partner receives regular compensation of the partner conditions for the partner according to the current commission schemes, support of the partner by YooGATE, every year.
(3) YooGATE granted driving an internationally unlimited, not exclusive, not transferable selling right, the YooGATE away for the partner (in the name and on invoice of YooGATE). The sales granting refers to all YooGATE products of one's own.
(4) Basic conditions - partner is not subject a minimum conversion. The partner does his best after strengths to use himself for the sales of the YooGATE products as well as to advise the customer also technically as far as this is possible. Otherwise either the partner advises his customer together with YooGATE or refers this to YooGATE. The partner recommends its customer provided that he does not offer himself, the services of YooGATE. The partner sells performances of YooGATE after the valid price list. YooGATE supports the partner with a know how, corresponding services and necessary advertising technical documents. YooGATE informs the partner about innovations after possibility in the product area as well as over promotions
(5) Liability and compensation - YooGATE obliges itself to be more important at the provision of performance with the greatest care is not liable, however, for made available by third parties or for performances obtained by third parties (e.g: Telekom performances). YooGATE is not liable at a failure of the network of one's own either.
The partner obliges himself to adhere to the regulations of the data protection law and corresponding directly applicable EU guidelines, to not use a data, information or pictures which are protected on copyright or are in the property of YooGATE. The latter may be used only by an express written approval of YooGATE. Others than the liability and claims for compensation mentioned particularly in this contract just for which legal justification are excluded provided that you are not mandatorily liable because of firm intention or gross negligence.
(6) Arrangement commission - The partner gets products for YooGATE (start, pro, local) on their order he is cited as an "agent" or "partner", due with receipt of the customer payment on YooGATE, a per annum recurring commission, commission rate loudly current commission schemes.
The partner gets access to a protected area in the web and can look through the orders, turnovers and commission rates effected over him here on an account site as well as arrange by one " Causing credit note software" online himself for the payments of gained commissions any time as of the minimum commission height.
(7) Term of the cooperation agreement - The cooperation agreement becomes effective with the date of the mutual contract signing and is completed until uncertain time. The partner can the contract after one with a period of notice of 3 months respectively to the end of the quarter in writing terminate a minimum running time of a year expiry. The partner does not meet essential obligations of the contract despite request, he gets insolvent or he impairs the business interests of YooGATE, YooGATE has the right to resolve the partner contract immediately. With completion of the cooperation any commission claim ends.
(8) The invoice of the commissions can be carried out online too any time. YooGATE agrees to provide a listing of all customers assigned to the partner who appear in the online partner web area for the time being.
It is up to every partner to insert its company logo and stamps in the labelled places of the YooGATE documents. If he should want to differ from this sample, it requires the consent of YooGATE.

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§ 11 Concluding provisions
(1) Place of performance is Villach in Austria. An exclusive place of jurisdiction for all claims from and due to contracts which are entered into on the basis of these business conditions including cheque and change complaint as well as all disputes over the taking place of the contract arising between the parties is the seat of YooGATE.
(2) The Austrian right is exclusively applied to contracts which are entered into on the basis of these business conditions.
(3) The customer is obliged to address in the commercial traffic in special and contract matters places mentioned below provided that another or additional topic center was not named for technical questions in the basic contract.

 

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