General Terms and Conditions of PC Doc – as of 08.01.2024
§1 General
All services are provided solely on the basis of the following Terms and Conditions, unless otherwise agreed in writing. At the latest upon performance of the service, these conditions shall be deemed accepted. Counter-confirmations referring to the customer's own terms and conditions are hereby expressly objected to. Deviating terms and conditions of the customer shall only be valid if confirmed by us, PC Doc, in writing. The same applies to amendments and additions to our general terms and conditions.
§2 Services
A contract between PC Doc and the customer is concluded verbally (in person or by telephone) or in writing (including by email & SMS) as soon as the customer requests the services of PC Doc and these are bindingly confirmed. Services are rendered to the customer immediately, unless other arrangements have been made. If the customer cannot be found at the address provided, the customer shall be in default of acceptance of the service. The customer shall then reimburse PC Doc for the additional expenses incurred due to the unsuccessful visit. If a business customer falls into arrears with payment of more than one invoice under concluded service contracts, we shall be entitled to immediately refuse all deliveries and services to that customer, including under other contractual relationships. We shall not be liable for any damages resulting from this measure. Service contracts may be terminated by us unilaterally with immediate effect; any claim by the customer for reimbursement of deliveries/services not yet rendered is hereby excluded.
§3 Payment
Payment by private individuals is due immediately in cash, unless otherwise agreed. Business customers may pay by invoice, with a payment term of 14 days from receipt of the invoice. If the subject of the contract is a recurring service and the customer is required to make a regular payment, the customer shall make this payment in advance on the first of each month. In the event of termination, excess payments shall be refunded on a pro-rata basis. The customer automatically falls into default if payment is not made within 30 days of receipt of the invoice. For recurring services, the customer falls into default without a reminder if the payment deadline is missed. In the event of default, statutory default interest shall be charged. Ownership of delivered goods (e.g. spare parts) or other material assets shall remain with PC Doc until full payment has been received.
§4 Prices
Travel within the Vienna city area is free of charge; beyond that, on request. Labour rate per 15 minutes: EUR 20. Costs of hardware products, spare parts, software media (e.g. CDs, DVDs, USB sticks, etc.) as well as any contract fees will be invoiced separately. PC Doc is exempt from VAT pursuant to §6 para. 1 no. 27 of the Austrian VAT Act (UStG).
§5 Liability
The customer is responsible for making data backups prior to using the service. PC Doc shall not be liable for any damages, operational disruptions or data loss caused by service work/repairs, unless gross negligence or wilful misconduct is involved. Claims for damages arising from impossibility of performance, non-fulfilment, positive breach of contract, culpa in contrahendo and unfair practices are excluded against both PC Doc and its vicarious agents, unless the damage was caused intentionally or through gross negligence. PC Doc shall only be liable for minor negligence if an essential contractual obligation (cardinal obligation) necessary for achieving the purpose of the contract has been breached. Liability and claims for damages are limited to the value of the delivery and service. Incomplete services must be reported to PC Doc in writing without delay, at the latest within seven days of completion. Failure to comply with the above obligations excludes any warranty claims against PC Doc. Compensation for consequential damages and financial losses, unrealised savings, loss of interest and damages arising from third-party claims against the contractor are excluded in all cases, to the extent permitted by law.
§6 Intellectual Property Rights
To the extent that data (e.g. software) is transmitted to PC Doc – in whatever form – the customer indemnifies PC Doc from any liability for the content and undertakes not to use any material whose use infringes the rights of third parties. If PC Doc has designed/configured data/software on the instructions of the customer in such a way that this results in infringements of intellectual property rights, the customer is obliged to defend PC Doc against claims by the holder of the infringed rights.
§7 Data Protection
The customer consents to company and personal data being collected and used for internal administrative purposes and for statistical reasons. No data will be passed on to third parties as a matter of principle. PC Doc also undertakes, pursuant to §15 of the Austrian Data Protection Act, to maintain confidentiality with regard to data and other information disclosed in the course of service activities.
§8 Final Provisions
To the extent that these general terms and conditions do not contain any deviating provisions, the statutory provisions shall apply. Should individual provisions of these general terms and conditions be invalid or not applicable in individual cases, all other provisions shall remain unaffected. Upon the publication of new Terms and Conditions, the previous ones shall cease to be valid.
