1. Scope and Subject Matter of the Contract
These Terms of Use govern the legal relationship between Edisun Engineering GmbH (hereinafter "Provider") and the users (hereinafter "Customer") for the use of the services offered on the website. The subject matter includes, in particular, consulting services, planning services, and technical reports in the field of engineering and technology development.
These terms apply to all current and future services of the Provider, unless expressly agreed otherwise. By using the website or commissioning a service, the Customer acknowledges these terms as binding.
2. Service Description and Obligations of the Provider
The Provider performs technical services in accordance with the current state of the art. The specific service is described in a separate offer or contract on a case-by-case basis. The Provider undertakes to perform the agreed services carefully and professionally, in compliance with the relevant standards and regulations.
The Provider reserves the right to change or discontinue the services presented on the website at any time. No liability is assumed for the constant availability of the website or individual functions, unless otherwise agreed in writing.
2.1 Customer's Duty to Cooperate
The Customer is obliged to provide the Provider with all information, documents, and data required for the performance of the service completely and in a timely manner. Delays caused by insufficient cooperation on the part of the Customer shall be at the Customer's expense.
3. Rights and Obligations of the Customer
The Customer is entitled to use the offered services within the scope of these terms. The Customer undertakes not to take any actions that impair the operation of the website or jeopardize the security of the IT infrastructure. In particular, the use of automated queries or scraping techniques is prohibited.
The Customer is responsible for the security of their access data, if such data is issued. Any use of the services under the Customer's access data shall be deemed authorized by the Customer.
4. Remuneration and Payment Terms
The remuneration for the services provided is based on the respective valid offer or price list at the time of commissioning. Unless otherwise agreed, billing is based on effort (hourly rates) or flat rates. All prices are exclusive of statutory value-added tax.
Invoices are due for payment within 14 days of receipt without deduction. In the event of late payment, the Provider is entitled to demand default interest at a rate of 5 percentage points above the base interest rate per annum. The assertion of further damages due to default remains reserved.
5. Liability and Warranty
The Provider is fully liable for damages resulting from injury to life, body, or health, as well as for damages caused by intentional or grossly negligent behavior of the Provider. In cases of simple negligence, the Provider is liable only if a material contractual obligation (cardinal obligation) is breached; in this case, liability is limited to the contract-typical, foreseeable damage.
The warranty for services provided is 12 months from acceptance, unless a longer period is legally mandatory. Defects must be reported in writing immediately, but no later than within 14 days of discovery. The Provider has the right, at its discretion, to provide rectification or re-performance of the service.
5.1 Disclaimer for Third-Party Content
The website may contain references (links) to external websites. The Provider has no influence on the content of these external pages and assumes no liability for their accuracy, completeness, or legality. Responsibility for the content of linked pages lies solely with the respective operator.
6. Data Protection and Confidentiality
The Provider processes the Customer's personal data exclusively within the framework of the applicable data protection regulations, in particular the GDPR. Details on the processing of personal data can be found in the privacy policy.
The Provider undertakes to treat all confidential information of the Customer obtained in the course of the business relationship as strictly confidential and to use it only for the agreed purposes. This obligation shall continue to apply even after the termination of the contractual relationship.
7. Contract Duration and Termination
A contract for the use of the website or individual services is concluded upon acceptance of the offer by the Customer. Unless a different term has been agreed, the contract may be terminated by either party with a notice period of 14 days to the end of the month.
The right to terminate for good cause without notice remains unaffected. Good cause exists in particular if the Customer violates material obligations under these terms or if the Provider has justified doubts about the Customer's creditworthiness.
8. Changes to the Terms of Use
The Provider reserves the right to change these Terms of Use at any time with effect for the future. The Customer will be informed of material changes by email or by a clear notice on the website. If the Customer does not object to the changed terms within four weeks of receiving the change notification, the changed terms shall be deemed accepted.
The Customer will be informed of the objection period and the legal consequences in the change notification. An objection must be submitted in writing to the address provided in the legal notice.
9. Final Provisions
The law of the Republic of Austria shall apply, excluding the UN Convention on Contracts for the International Sale of Goods (CISG). The place of performance and exclusive place of jurisdiction for all disputes arising from or in connection with this contract is, to the extent legally permissible, the registered office of the Provider in Vienna.
Should any provision of these Terms of Use be or become invalid, the validity of the remaining provisions shall not be affected thereby. In place of the invalid provision, a valid regulation shall apply that comes closest to the economic purpose of the invalid provision.
For questions regarding these Terms of Use, please contact: Edisun Engineering GmbH, Gutmanngasse 4, or by email at info@edisunengineering.com.