Conditions

These GTC are valid for all services, online services and products of CARGOMON SYSTEMS GMBH.

Scope

1.1. The following General Terms and Conditions (hereinafter GTC) are the legal basis for the business relationship between the contracting party and CARGOMON SYSTEMS. Our terms and conditions are part of all transactions with contractors. Other terms and conditions, in particular conditions of purchase of customers, are not accepted by us – even without a written objection. By ordering one of our offers with attached terms and conditions you accept the terms and conditions and make them the subject of the agreement. In addition to the General Terms and Conditions, unless otherwise stipulated, the statutory provisions of the Federal Republic of Austria apply.

1.2. CARGOMON SYSTEMS GMBH, Argentinierstrasse 29-9, A-1040 Vienna (hereinafter CARGOMON) is a software developer and system integrator for location-based online solutions. Our services include the collection, collection, processing and exploitation of data, the creation of data and databases for the Internet and the retrieval by means of mobile telecommunications equipment and the provision of computer programs and online applications (“services”) for use by private and public corporate clients. Data, databases, programs and services are provided for a fee. This includes the trading of license rights of own or third-party data and databases of all kinds, the sale and transfer of computer programs and value-added services and the provision of the associated services. The contractor intends to use CARGOMON data, solutions, services and products (hereinafter SERVICES). The contracting party commissions CARGOMON to realize the provision and technical operation of the SERVICES by means of the CARGOMON employees, infrastructure or developments. The use of CARGOMON SERVICES is subject to the following conditions. The use of the website www.cargomon.info and the services offered thereon on behalf of CARGOMON are also subject to the following conditions. Data and Internet applications not offered on behalf of CARGOMON are governed by the terms of use of the respective providers.

1.3. CARGOMON may amend these Terms and Conditions, the order forms, the tariffs, the service descriptions, the national guidelines and the requirements for the service descriptions to be created by the contracting party at any time by notifying the changes in writing to the contracting party. Unless the contractual partner objects in writing to any or all changes within four weeks of receipt of the notification of change, the notified changes shall be deemed approved.

Duties CARGOMON

2.1. CARGOMON ensures the operation of its technical infrastructure 365 days a year, 24 hours a day with at least 98% annual average availability. This does not include maintenance or technical malfunctions outside the control of CARGOMON (for example interference with Internet Service Providers, mobile network operators, etc.)

2.2. CARGOMON provides the contractor with a support hotline depending on the type of service.

2.3. CARGOMON will, as far as possible, carry out maintenance and other necessary technical modifications to its infrastructure without restricting service availability. Should a restriction be inevitable due to the work to be carried out, CARGOMON will inform the contracting party of the execution of the work as early as possible, generally with a lead time of at least one week.

2.4. The company aims to provide data, databases, programs and other SERVICES in the utmost functionality, correctness and timeliness. For the functionality of the SERVICES as well as the completeness and topicality of the supplied data, the licenser assumes no liability for the multiple technical dependencies (for example, with other partner companies such as network operators) as well as the fluctuation and change within the data. Despite constant reviews and comparison controls, there can be no guarantee for the correctness, up-to-dateness or volume of data and other services.

3. Duties Contracting party

3.1. If the contracting party uses a sensor and positioning solution from CARGOMON, then the contracting party undertakes not to place any persons against your will. Persons who are to be located by means of a CARGOMON service (irrespective of the technical implementation) must have given their consent to the contracting party before the first positioning operation. This is also true when a person uses an object that is locatable and thereby locates the person himself (e.g., vehicle location). To avoid ambiguity, this consent should be provable upon request by contractors. If the contracting party is a company and would like to locate employees, it may be necessary to obtain the approval of the appropriate employee committees (eg works council). If the contractual partner markets CARGOMON SERVICES under its own name, the commercial operation of the services and the responsibility for content lies exclusively with the contracting party. CARGOMON provides only information and telecommunication technology services.

3.3. Contracting party has a duty to cooperate in the provision of the measures necessary for the technical equipment on the part of CARGOMON, depending on the SERVICES to be used. In particular, the contracting party is obliged to provide the necessary parameters for the connection of its systems. Depending on the desired SERVICES, a service description in accordance with CARGOMON specifications is to be made available in advance to CARGOMON. Should Contracting Parties fail to do so despite being requested to do so by CARGOMON, CARGOMON shall be entitled to commence billing for service and possibly external charges even before the technical service has been set up.

3.4. The contracting party declares that the use of the services provided by CARGOMON does not infringe any laws and / or rights of third parties (in particular copyright, trademark, trademark, patent, personal or other proprietary rights of third parties). If the contracting party itself is not the end customer of CARGOMON, but reseller or service provider, then the contracting party guarantees that it has all the permits, authorizations, authorizations and licenses required to operate its services. The contracting party must prove this to CARGOMON upon request.

3.5. The contracting party shall exclude any use of the SERVICES by third parties without written approval by CARGOMON. The passwords and user access assigned to the contract partners must be kept with the utmost care. Contracting party acknowledges that any use of his account after correct authentication by his user access is attributable to him.

3.6. The national guidelines set out the framework for offering location solutions – especially with regard to the declarations of consent of the persons to be located – in the respective country. The contracting party must strictly follow the national guidelines. The contractor undertakes to immediately implement changes to the national guidelines, which relate to his type of location or the form of declarations of consent for location, after notification. A change in the guidelines may in particular be based on a change in the relevant laws / regulations or decisions of the Federal Network Agency or courts, as well as a change in the contracts concluded by CARGOMON with the mobile network operators and substantially predetermined by them.

3.7. The contracting party warrants that changed legal provisions, which concern its location services, if it concerns self-developments, will be implemented immediately after notification

Terms of Payment

4.1. Unless otherwise confirmed by us in writing, our invoices are due net, payable within 10 days of receipt

5. Conclusion of contract, termination

5.1. The prerequisite for the use of CARGOMON online services is the proper registration (“registration”) in the service. The contracting party must provide the required data completely and correctly.

5.2. The data will be checked by CARGOMON. CARGOMON reserves the right to refuse registration of contractors without stating reasons. After acceptance of the registration contracting party receives a confirmation by email and / or SMS.

5.3. If the personal data of the contracting party changes, the contracting party will update its master data in the online services of CARGOMON at short notice. CARGOMON’s provision of proper service is only possible on the basis of accurate and complete data.

5.4. The contracting party will only use the service personally and will not allow other persons to use it. The contracting party shall be liable for the consequences if third persons are unjustifiably using the online services of CARGOMON through negligent or culpable behavior.

5.5. The contracting party is entitled, if not a registered trader, to cancel a contractual relationship with CARGOMON concluded via the internet within 14 days after registration. The revocation must be made in writing or by e-mail to CARGOMON.

5.6. The contracting party chooses a password during registration, which he can change himself at any time. For the secrecy of the password contracting party is responsible. Unless otherwise agreed, the contract for the use of the online services is concluded for an indefinite period and can be terminated with one month’s notice to the end of the month.

5.8. For technical reasons, termination must be carried out by the contracting party out of the service. For this there is the item “cancel service” in the user profile of the participant. Upon termination, the user account, any existing account balance and the persons invited to the service will be deleted immediately. A notice period is not to be kept. The termination will be confirmed by email. After termination, of course, no more debits made – the issued direct debit authorization is immediately invalid.

5.9. An automatic restoration of user access after termination is not possible by CARGOMON. The contracting party can register again at any time.

5.10. The contractual relationship can be terminated extraordinarily and without notice for good cause. For CARGOMON there is an important reason in particular in the following situations: • Suspected or proven abuse of the service • Impairment of the functioning of the services • Serious breach of the contractual obligations

6. Delivery, processing, usage time

6.1. Agreed delivery times are considered approximate delivery date. Fixed dates are only recognized by CARGOMON if they have been expressly confirmed as such in writing.

6.2. In the case of culpable exceeding of a delivery period default occurs only by a written reminder of the contracting party. In the event of default, the contracting party is entitled to rescind the contract after setting a reasonable grace period in writing or to claim compensation in accordance with Section 5.3. to demand.

6.3. CARGOMON markets the product and associated service through T-Mobile Austria in Austria.

7. Warranty and liability

7.1. Complaints due to incomplete or defective delivery must be reported to CARGOMON, at least 14 days after delivery, in the case of obvious defects. If the contracting party is a registered trader, faults which can be identified by reasonable examination must be reported in writing no later than ten days after receipt, in the case of hidden defects immediately after discovery. A time-staggered use of delivered content does not release contractual partners from the obligation to reasonably check our deliveries upon receipt. It should be noted that software can never be completely error-free, which is why the functionality of the SERVICES and the usability can not be guaranteed with the user’s own software.

7.2. In the case of justified and timely complaints, we have our choice to repair or replace. The contractual partner can then demand a reduction of the remuneration and rescission of the contract if two reworks fail or if the replacement delivery is again faulty or the rework is not carried out within a reasonable period of time. The liability for warranted characteristics remains unaffected.

7.3. The compensation of damages of the contracting party, for whatever legal reason, in particular from delay, impossibility, negligence at conclusion of contract, positive breach of contract and unauthorized action is excluded for the cases of slight negligence with the exception of the violation of essential contractual obligations. In the case of slightly negligent breach of contractual obligations, the fulfillment of which is indispensable for achieving the purpose of the contract, we shall be liable without limitation for personal injury, for property damage and pecuniary loss only to the extent that custom would normally have been expected at the time of conclusion of the contract. Liability for consequential damages resulting from a positive breach of contract is excluded unless there is intent or gross negligence. In business dealings with merchants, the aforementioned limitations of liability also apply to cases of gross negligence.

8. Maintaining Performance

CARGOMON SYSTEMS is under no obligation to maintain the services of the Online Services at all times and on a permanent basis. In the case of permanent cessation of services by CARGOMON SYSTEMS contracting party is entitled to terminate the contract without notice. A technical interruption of the services is not considered to be a permanent suspension of services. In the event of a permanent interruption, CARGOMON SYSTEMS will inform contractors by email, SMS or website.

9. Billing of SERVICES

9.1. The prices and the scope of services are based on the publication on the current price list by CARGOMON SYSTEMS. CARGOMON SYSTEMS reserves the right to change charges and / or services according to the following conditions: Changes to the service and / or remuneration will be announced to the contracting party at least one month before their entry into force via email. In the case of a price increase, the contracting party has the right to extraordinarily terminate the contract for the entry into force of the new price list. By continuing to use the CARGOMON SYSTEMS SERVICES contractor accepts the SERVICES to the changed conditions.

9.2. Prepaid services can not be changed in price by CARGOMON SYSTEMS.

9.3. Contractual partner receives – if not mutually agreed otherwise – the SERVICES either monthly or for the paid period of service as online (by Web) or PDF invoice (by email) made available. Unless otherwise agreed by mutual agreement, the invoice will not be sent by letter to the contractual partner. The online or PDF invoice is legally non-binding, legal requirements for proof, storage, documentation, etc. are not fulfilled. The customer waives the plea that the invoice was not received.

9.4. The contracting party has the right to object to the invoiced fees within one month after the invoice date. He is expressly advised of this right in the invoice. If the contracting party does not exercise its right to object within the specified period, the billing shall be deemed approved. The deadline is met if the complaint is sent to CARGOMON SYSTEMS in writing or by email within the specified period.

10. Data Protection

10.1. The CARGOMON SYSTEMS SERVICES for the processing of personal data. Contracting party agrees to the collection, processing and use of the use of the SERVICES and the associated personal data. Your personal data will be electronically stored and evaluated by CARGOMON SYSTEMS. CARGOMON SYSTEMS is entitled for the purpose of the terms of use of the user representative personal data in compliance with the data protection conditions for data protection. The contracting party is aware that access to SERVICES from CARGOMON SYSTEMS, ie not via CARGOMON SYSTEMS, may also be connected via third parties and with additional offers from cooperation partners. Contracting party agrees to the use of these cooperation partners insofar as this is necessary for the provision of the services by CARGOMON SYSTEMS.

10.2. Contracting party is entitled to participate at any time in his person or his company. The information is given electronically.

11. Copyright, data misuse

11.1. The SERVICES provided by CARGOMON SYSTEMS are protected by copyright; They may only be used in the scope agreed with CARGOMON SYSTEMS. Reference is made to the penal provisions of copyright in the event of infringement.

11.2. Reproduction of our SERVICES is permitted only with our utmost written consent. Sending business-relevant and solution-related information via email

12.1. Contracting parties of CARGOMON SYSTEMS inform CARGOMON SYSTEMS by sending the email address of the agreement that CARGOMON SYSTEMS receives relevant and solution-related information by email for the business relationship. The information relates directly to the business relationship or solution used, not to advertising.

12.2. The contractor’s e-mail address will not be passed on to third parties by CARGOMON SYSTEMS. Upon termination of the business relationship, the e-mail address will no longer be used by CARGOMON SYSTEMS for the information contained in this point. For information on CARGOMON SYSTEMS products and services, the e-mail address that prohibits contractors from obtaining information from CARGOMON SYSTEMS for simple email REPLY must be used.

13. Applicable law All legal relationships with CARGOMON SYSTEMS are governed by Austrian law. The international sales law ECG does not apply.

14. Place of fulfillment, area of jurisdiction Place of performance for all CARGOMON SYSTEMS SERVICES is VIENNA.