Faba5 Service Agreement(August 9th, 2012)
1. Fabasoft Distribution GmbH, FN 294084b, Honauerstrasse 2-4, A-4020 Linz (referred to hereinafter also as "Fabasoft"), operates the service package Faba5 (referred to hereinafter also as "Service Package"), over the internet. This Service Package offers the Customer the possibility to save and administrate data on the IT infrastructure operated by Fabasoft and hosted at the Fabasoft Cloud data centers and to use software products integrated in the Service Package.
2. Upon concluding the Contract, Fabasoft shall grant the Customer a non-exclusive and non-transferable license to use the Service Package (referred to hereinafter also as "Contract”) and permission to save and administrate data on the IT infrastructure operated by Fabasoft and hosted at the Fabasoft Cloud data centers and to use the integrated software products for the duration of the Contract concluded with the Customer.
3. The term of the agreement for this Service Package is a minimum of 3 months. When concluding the Contract, the Customer can select a different contract term that is however longer than the minimum contract period. The contract term will be extended by the period specified by the Customer when entering into the Contract (e.g., by 3 months in the case of a 3-month contract, by 12 months in the case of a 12-month contract) if the Contract is not terminated with due notice by the Customer 30 days before the end of the contract term.
4. Fabasoft is entitled to a fee from the Contract concluded with the Customer. The applicable prices at the time of the conclusion of the Contract can be seen in the shop. The agreed fee is to be due in advance from the conclusion of the Contract and for the duration of the defined contract period.
5. The properties and qualities of the integrated software products, whose usage is connected with this Service Package, are defined in a separate software product information document. For the up-to-date version of any integrated software product, the corresponding version of the software product information is definitive and applicable. The up-to-date version of the software product information document can be found under http://www.faba5.com/SPI_en.pdf.
6. The use of the Service Package by the Customer is based on this service agreement between Fabasoft and the Customer.The content of the Contract including the General Terms & Conditions of this service agreement (see http://www.fabasoft.com/contract) assumes you as Customer on the basis of you clicking on the relevant accept or reject button within the user interface of the shop.
Without conclusion of this legal agreement you may not use the Service Package.
You may not accept the content of the Contract, if you are unable to conclude a binding contract with Fabasoft because of legislative provisions (e.g. because you are not of full age). Fabasoft recommends that you read this document carefully and print it out or save it locally for your documentation.
7. Notice of the Right of Cancellation for ConsumersWhen concluding a contract with Fabasoft on the use of a Service Package for the Fabasoft Folio Cloud software product, the purpose of which is not attributable to your commercial or professional freelance activities, the following provisions apply to you as a consumer under the Austrian Consumer Protection Act or as a consumer under similar consumer protection laws outside of Austria:
7.1 Right of CancellationYou can cancel your Contract, without stating any reason for doing so, within 7 days in writing (by letter to the address below, by email to firstname.lastname@example.org, by the cancellation form provided via the link https://www.fabasoft.com/revoke). The notice period commences when the email confirmation and the enclosed written notice are sent in accordance with Section 2 of these General Terms and Conditions (at the time the Contract is concluded). This period shall not therefore take effect until such time as Fabasoft fulfills its duty to provide information (transfer of GTC to Customer’s email address). We provide consumers outside of Austria with a 14-day statutory right of cancellation starting at the time the confirmation email, together with the GTC and the enclosed written notice are sent in accordance with Section 2 of these General Terms and Conditions (at the time the Contract is entered into). The fourteen-day period shall be deemed to have been met if the notice of cancellation has been within this period. The notice of cancellation must be sent to:
Fabasoft Distribution GmbH
A-4020 Linz, Austria
7.2 Effects of CancellationIn the event of valid cancellation, both parties shall return any item(s) or payment(s) they may have received and, if the Customer has used the item(s), he or she shall pay for any usage (e.g., interest). If you cannot return the item in full or in part, or if the item has been used or damaged, you must replace the value of the item to the extent necessary. As a result, you may therefore be required to fulfill the contractual payment obligations for the period up to cancellation. Obligations to refund payments must be met within 30 days. The notice period shall begin for you when you submit the cancellation and for us when we receive the notice of cancellation.
7.3 Special NotesYour right of cancellation shall be terminated early if the Contract is fulfilled in full by both parties at your express request before you have exercised your right of cancellation.