Terms of use

Version 1.3-entwurf

Draft – to be reviewed legally before the pilot operation.Only the German version is binding.

1 Scope and contracting party

These terms of use apply to the use of the web application “simmpel AVA” (hereinafter “application”). The contracting party is Samuel Simm, Strauchergasse 18, 8020 Graz, email: simm.samuel@simmpel.at (hereinafter “operator”). Until a company is founded, a private person operates simmpel AVA. The application is aimed exclusively at entrepreneurs within the meaning of § 1 UGB (Austrian Commercial Code), engineering firms and public clients (hereinafter “users”). Consumers within the meaning of the Austrian Consumer Protection Act are excluded from use. The contracting party is the organisation created in the account; the persons acting for it declare that they are authorised to do so.

2 Services

The application supports the billing control of construction work: reading bills of quantities and invoices in the data exchange format of ÖNORM A 2063, updating the quantities, checking for overruns and shortfalls, key figures, PDF and Excel output and sending quantity reports to a distribution list maintained by the user. The range of functions depends on the plan of the licence.

3 Pilot operation

During the pilot operation the application is provided free of charge. There is no claim to a particular availability, to particular functions or to continuation. Both sides can end the pilot operation at any time without giving reasons; where possible, the operator announces an end in good time by email so that the data can be exported.

4 Access and obligations of the users

Users only get access with a licence code or an invitation. Access data must be kept secret; each person uses their own account. The user keeps the application free from misuse, does not upload files containing malware and only sends quantity reports via the application to recipients with whom there is a business relationship. The user is responsible for the content, recipients and timing of dispatches; advertising must not be sent via the application.

5 No warranty for calculation results – duty to check

The results of the application (quantities, amounts, status, projections, notes and recommended actions) are aids. They are based on the files read and the settings and may differ from the actual contractual and billing situation. The construction contract and the checked invoices are decisive. The user checks every result on their own responsibility before using, passing on or sending it. The application does not replace a technical, commercial or legal review. The operator assumes no warranty for the correctness and completeness of the results.

6 Liability

The operator is only liable for intent and gross negligence. Liability for slight negligence is excluded; this does not apply to personal injury. During the pilot operation, liability for gross negligence is limited, as far as legally permissible, to the amount the user has paid for the application in the last twelve months. Liability for lost profit, consequential damage and claims of third parties is excluded as far as legally permissible. The user backs up their data regularly using the export.

7 Data of the user

The data brought into the application remain the user's data. The operator processes personal data contained therein only as a processor under the data processing agreement. The user can export their data at any time, also after the end of the licence (read-only). The data are deleted at the earliest 90 days after the end of the licence and only after notice by email to the admins.

8 Availability and changes to the application

The operator endeavours to ensure trouble-free operation but does not owe any particular availability. Maintenance work is carried out outside normal office hours where possible. The operator may develop the application further and change functions as long as the core of the service is preserved.

9 Changes to these terms

New versions are announced in the application and apply after consent at the next login. Without consent, further use is not possible; exporting one's own data remains possible.

10 Term and termination

Use runs for the term of the licence. After it ends, the application can only be read. The right to terminate for good cause remains unaffected.

11 Final provisions

Austrian law applies, excluding the conflict-of-law rules of private international law and the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is the court with subject-matter jurisdiction at the residence or registered office of the operator. Declarations can be made by email. If a provision is invalid, the rest remains valid; it is replaced by a valid provision that comes closest to its purpose.