general terms & conditions
1.1. the general terms and conditions below are part of all contracts with mactrix e.u. (hereinafter referred to as “mactrix”), daniel ct johnston, novaragasse 26/3, 1020 vienna, even if no separate reference has been made in the contract document in question.
1.2. orders and agreements are only legally binding if they have been confirmed in writing by the contractor and have been signed by the company. these terms and conditions are accepted by the customer when the order is placed. customer’s business conditions are only binding for mactrix after explicit, written acknowledgment by daniel ct johnston.
1.3. the terms and conditions printed here apply in the most up-to-date version to all current and future transactions with customers, unless expressly and in writing deviations from mactrix have been recognized. mactrix may amend these terms and conditions unilaterally at any time, whereby changes become valid from the time of the possibility of becoming aware of them.
1.4. upon conclusion of the contract, the customer expresses his / her acceptance and acceptance of these terms and conditions in their current version. these terms are in their most recent version always available on demand at mactrix and on the website www.mactrix.at.
2. conclusion of a contract
2.1. if the customer orders services or did so through the website (via the button “order”), he makes a binding offer to conclude a contractual relationship with mactrix.
2.2. the contract is concluded when mactrix confirms the offer of the customer in writing. a contract shall also be concluded if customers have agreed with the mactrix support dates, specifying time and place, and the deadline has been confirmed in writing by mactrix.
3.1. all offers from mactrix are non-binding. unless expressly agreed otherwise, all prices quoted by mactrix are net prices and are exclusive of applicable statutory sales tax.
3.2. the current prices and hourly rates are listed on the mactrix website www.mactrix.at.
4. payment & cancellation
4.1. the payment by the customer takes place without deduction immediately after receipt of the bill. any applicable bank charges are to be paid by the customer.
4.2. mactrix reserves the right to bill the agreed services by e-mail or snail mail.
4.3. mactrix reserves the right to demand cash in advance for new customers and in case of late payment.
4.4. if a customer cancels a booking within 24 hours before the agreed deadline, mactrix is entitled to charge a cancellation fee in the amount of one support hour according to the valid price list.
4.5. in the event of late payment, default interest in the amount of 12% shall be paid by the customer. in addition, in the event of late payment, the customer is obliged to reimburse mactrix for all costs and damages incurred as a result of the delay.
4.6. in the event of late payment, the customer expressly undertakes to replace all costs incurred in collecting the outstanding claims, including out-of-court costs, insofar as they are necessary for the purpose of legal prosecution (lawyer, reminder fees, etc.).
4.7. offsetting is only permitted with claims recognized by mactrix or if legally established.
5. retention of title
5.1. mactrix reserves ownership of the goods delivered by mactrix until full payment of the purchase price. mactrix reserves the ownership of goods purchased by the purchaser from mactrix as part of its commercial activities until all claims against the customer arising from the business relationship, including claims arising in the future, including from contracts concluded at the same time or later, have been settled.
5.2. in the event of late payment by the customer, mactrix is entitled to take back the reserved goods and the customer is obliged to surrender. the withdrawal by mactrix is not considered a withdrawal from the contract. the customer has to bear the costs incurred.
6.1. mactrix is liable for damages demonstrably caused by it only in case of gross negligence. as far as and as long as obligations due to force majeure, such as war, terror, natural disasters, fire, strike, lockout, embargo, governmental intervention, power failure, loss of means of transport, breakdown of telecommunications networks or data lines, changes in law affecting the services after conclusion of contract or other unavailability of products are not timely or properly fulfilled, this is not a breach of contract.
6.2. the provisions of the austrian consumer protection act (konsumentenschutzgesetz KSchG) regarding liability to consumers remain unaffected.
6.3. mactrix expressly disclaims any liability for the loss of data that occurs during or in connection with a service provided by mactrix. the customer is expressly responsible for the necessary security of his data and has to provide himself with backup copies of his data.
6.4. mactrix is not liable for the completeness of the data or the correctness of the contents in the provision of data services (data recovery, the so-called “data recovery”, the transfer of data to modern data carriers).
6.5 the replacement of consequential damage and damage to assets, unearned earnings, interest losses and damages from third party claims against the client is excluded in any case. the customer undertakes to indemnify and hold mactrix harmless in these cases.
7. confidentiality / concealment
7.1. mactrix is committed to secrecy of all customer data. this applies to both business secrets and trade secrets, as well as private data of any kind that mactrix becomes aware of due to the mutual business relationship.
7.2. mactrix is authorized to store the data provided by the customer for the provision of services on data carriers. after the service is provided and completed, mactrix undertakes to delete all processed and stored data immediately and irretrievably.
7.3. in no case will mactrix pass on customer data to third parties.
8. data protection
8.1. personal data of the customer are collected, processed and used by mactrix itself or by service providers bound by instructions, insofar as this serves the purpose of the contractual relationship or is necessary for the investigation of criminal offenses.
8.2. personal data of the customer are stored and processed according to the legal provisions for contractual purposes.
8.3. the customer further agrees to receive information from mactrix on the products offered, special offers and news by mail, telephone, fax or e-mail. the customer agrees to deliveries according to § 107 tkg.
8.4. the customer agrees that the data provided by the customer may be processed by mactrix for marketing purposes as well as for statistical purposes. this approval is revocable in writing at any time.
9. court of jurisdiction
9.1. place of performance for all obligations arising from the contractual relationship and all legal disputes arising therefrom and affecting its effectiveness is vienna, at the same time the company headquarters of mactrix. the rights of consumers (§ 14 KSchG) remain untouched.
9.2. consumers have the right to revoke the contract within 14 days without stating reasons.
10. final provisions
for legal disputes arising from contracts concluded with mactrix, only austrian law applies.
10.2. from the fact that mactrix does not exercise the rights to which it is entitled, a waiver of this right can not be derived.
10.3. if individual provisions of this contract are not legally effective or invalid, the validity of the remaining provisions shall remain unaffected. the parties to the contract undertake to agree to such provision in the place of the non-legally effective provision, which comes closest to the economic purpose of the invalid provision.