Terms & Conditions 1Tool
§ 1. General
For the business relationship regarding the web application "1Tool" between the Körbler the, FN 403057g, Hofweg 1, 8435 Leitring (Austria), hereinafter "1Tool", and the following General Terms and Conditions (hereinafter "GTC") in the version valid at the time of the order apply exclusively to the contractual partner.
These terms and conditions apply to all current and future services, even if they have not been expressly agreed again. Any contractual terms of the contractual partner that contradict these General Terms and Conditions are ineffective. 1Tool reserves the right to change these terms and conditions at any time and without prior notice.
Terms and Conditions of the Körbler the
for using the web application”1Tool"
Last change: 04.05.2022
§ 2. Subject of the contract
The subject matter of the contract is the web application 1Tool in the current version. The range of functions corresponds to the current service description and the current price list.
There are two ways of using the web application 1Tool:
- Provision of the web application on the infrastructure of 1Tool as Software-as-a-Service: The contractual partner is provided with the infrastructure of 1Tool the web application made available for use. In this case, the hosting and the associated services are the subject of the contract.
- Installation of the web application at the contractual partner (on premises): In this case, the current version of the software is installed once on a server of the contractual partner. The hosting and the associated services are not part of the contract.
§ 3. Provision on the infrastructure of 1Tool
The contractual partner has the possibility that the web application 1Tool is made available as Software-as-a-Service. In this case, the web application is hosted on the server by 1Tool hosted and 1Tool carries out ongoing maintenance, data backup, etc. as well as installing bug fixes and updates. All error correction fixes and updates within the scope of the contract will be made available to the contractual partner and 1Tool installed and configured in their application environment.
- Contract period
The contractual relationship begins with the signing of the contract and is concluded for an indefinite period. The contractual relationship can be terminated by either contracting party subject to a three-month notice period at the end of the month. In addition, the contractual relationship can be terminated at any time for important reasons.
All terminations must be in writing to be effective. - performance change
1Tool can change the services and the functionality of the web application at any time in a way that is reasonable for the contractual partner. A change is particularly reasonable if it is necessary for an important reason. - Compensation
The remuneration for the use of the web application 1Tool and all other services are regulated in the price list. The ongoing payments are due monthly in advance on the 1st of each month. He brings 1Tool, services not expressly mentioned in this contract, such as programming services or support services, the services provided will be charged separately according to the hourly rate shown in the price list. The payment for this service is due immediately after receipt of the invoice. In the event of a delay in payment, the applicable interest rates for corporate transactions are agreed in accordance with the UGB.1Tool is entitled to change prices for the contractual services to compensate for increased personnel and other costs. A price change takes place once a year, namely on 1.1. one year. 1Tool informs the contractual partner of the price change within eight weeks. The price increase takes effect upon receipt of the notification of the price increase, unless the contractual partner terminates the contract within a period of one month. If the contractual partner does not terminate the contract, he agrees to the price increase. In the event of a contract termination - regardless of the reason - or in the event of insolvency Körbler GmbH, the contractual partner is provided with a database export of all of his data and the data is stored on the server by 1Tool deleted.
§ 4. Installation at the contractual partner
The contractual partner has the option of a license for the web application 1Tool to purchase and install the web application on its own server. 1Tool installs and configures the web application on the customer's server or servers.
The contractual partner will be informed of the current system requirements before the web application is installed. The contractual partner can create the necessary system requirements on his server himself or 1Tool instruct to do so.
If the web application 1Tool was installed on the server of the contractual partner, he is responsible for data and failsafety as well as backup etc.
Web application bug fixes 1Tool are made available to the contractual partner as part of a separate support and maintenance contract to be agreed. Installation files are made available to the contractual partner for download and the contractual partner must carry out the installation of the error corrections himself. If desired, bug fixes can be carried out 1Tool be installed at the contractor's expense. Updates to the web application and new functionalities are not covered by the license unless a separate agreement has been made between the contracting parties.
§5. Data Protection
1Tool pays the utmost attention to compliance with data protection regulations and data security and bases this contract on the data protection law in the currently valid version. Above all, the customer's sensitive data is protected as best as possible due to the high security standards of the hardware and software and the associated processes.
Further information on this can be found in the data protection declaration.
- Data encryption
All processed data is stored and secured in a professional database. If expressly commissioned by the contractual partner, the data can be transmitted in encrypted form. In this case, the processed data is protected from unauthorized access with Secure Socket Layer encryption (128/256-bit permanent SSL encryption).
1Tool keeps the data of the contractual partners locked under the highest security precautions. The contractual partner can access their data with a secure 256-bit SSL encrypted login and view and edit them at any time. - Employee Safety Code
employees of 1Tool When contacting us by phone, do not mention any sensitive customer data such as passwords, database IDs, sensitive company data, etc. - Non-disclosure agreements for employees
The employees of 1Tool are subject to a contractually agreed duty of confidentiality, which is also valid after a possible exit from the company.
§ 6. Data center
The data center is located in the eww group at ITandTEL and is obliged to fully comply with Austria's strict data protection guidelines. The security and the perfect environmental conditions of the company servers or server families have the highest priority there. This ranges from access control to emergency power supply.
The data center is secured in the following points:
access security
Only authorized persons have access using a card system.
Access card holders are identified by photo ID. Every access is logged in the log system
video surveillance
The entire server room is equipped with video surveillance (one camera per corridor). The video data is recorded in the , so there is no risk of data loss if the cameras are stolen.
Fire and smoke monitoring
The data center is equipped with an early fire detection system. If smoke or heat develops, an alarm is triggered immediately in the control center. If necessary, the automatic extinguishing system is also activated.
fire extinguishing system
The data center is equipped with an automatic gas extinguishing system. Flooding with nitrogen gas does not destroy any computer hardware and is therefore optimized to avoid damage.
Uninterruptible power supply
All systems are included uninterruptible power supply fitted. These systems also provide overvoltage protection. The data center is operated in a very stable and redundant power grid.
resiliency
The infrastructure has a fail-over server with identical equipment and online mirroring of the hard drive. In order to shorten any downtime, important services on websites and applications are monitored as required. Failures can then be forwarded directly to the support team and the on-site technician via SMS. Through continuous monitoring of the services and automatic SMS notification, we react within a few minutes in the event of a failure. In the case of serious hardware problems that cannot be remedied by remote maintenance and require a trip to the data center, the maximum time for troubleshooting is 4 hours. We guarantee 99,9% uptime excluding pre-announced maintenance.
data backup
All systems are backed up daily by an automated backup system. The hedging strategy is currently as follows:
- weekly full backup
- daily incremental backup
- Retention time: full backup 6 weeks, incremental backup 7 days
Upon request, the contractual partner will be provided with a backup of his data for download. - The data is backed up via a dedicated LAN segment within the data center at a so-called disk-to-disk level. This method allows data to be restored quickly. The data backup includes user data from the contractual partner as well as system data, configurations and user data. Whenever possible, so-called dumps are made in the database system in order to ensure data integrity. For security reasons, the backup systems are not accessible to the contractual partner and can only be operated by authorized personnel. 1Tool secures this access for employees via VPN and SSH. As a rule, any data recovery will be carried out free of charge, even if the contractual partner is at fault (fair use).
System and hardware monitoring
All systems, both 1Tool as well as infrastructure, are monitored 365/24/7. Technical service is also available outside of office hours, which is informed about the status and availability via automated systems. The technician is on standby 24/7 and can be reached by telephone as agreed.
Support requests for technical problems (server failure) are free of charge and, if classified as "emergency", are also processed 24/7.
The definition of an emergency is subject to the "fair use" clause, but in principle refers to technical malfunctions, non-availability of a service or configuration changes that must be made promptly in order to ensure proper operation of the server platforms and not by the contractual partner on the day - or office hours could be set or were not planned.
Malfunctions are only alerted to the standby service. If desired and technically possible, the contractual partner can also be automatically included in the notifications, at least in part. The maximum response time in the event of system failures is agreed to be 4 hours, within which the analysis and solution of the problem can begin. Normally, this value should be far below. Response times are currently less than 30 minutes. A guarantee for the maximum time until a problem is solved cannot be given, as this cannot be estimated due to the abundance of possibilities.
Service failures can also be in areas of third parties 1Tool has no influence (e.g. upstream, carrier) or is caused by criminal acts such as DDoS (distributed denial of service) attacks.
§ 7. Warranty
1Tool guarantees that all state-of-the-art services are free of defects and usable at the time of provision, without meeting all conceivable application conditions. The decision on the way of technical implementation is exclusively incumbent 1Tool, any other implementation options do not constitute defects.
The warranty is excluded for errors, disruptions or damage caused by improper operation, faulty installation, modified operating system components, interfaces or parameters, changes to the content management system, use of unsuitable organizational means and data carriers, if such are prescribed, abnormal operating conditions and changes, made by the contractual partner himself or by third parties.
The warranty period is 6 months. In case of defects, the other party has the defects 1Tool to complain immediately. The contractual partner is obliged 1Tool provide free of charge support in eliminating the defects and, in particular, make all necessary documents, data, etc. available that are necessary for the analysis and elimination of the defects. If the contractual partner violates his obligation to give notice of defects or his duty to cooperate in rectifying the defect, the contractual partner loses his claims against it 1Tool.
§ 8. Damages
The use of 1Tool Services provided are at your own risk. 1Tool assumes no liability for direct or indirect damage as a result of technical problems, server failure, data loss, transmission errors, data insecurity or other reasons unless liability is mandatory due to intent. 1Tool is not liable for lost profits and consequential damages.
Liability claims against 1Tool, which relate to material or immaterial damage caused by the use or non-use of the information provided or by incorrect or incomplete information, are limited to gross negligence and intent. Liability for slight negligence is expressly excluded. The damage that has actually occurred must be proven by the contractual partner. The obligation to compensate does not include the cost of recovering lost data. The liability of 1Tool is limited to a maximum amount of € 1.000,00 per claim.
§ 9 Support
In the normal license fees of 1Tool support costs are not included. There are separate support packages that can be purchased. For customers who do not have a valid support contract, the support expenses will be charged extra.
§ 10. Rights of use
1Tool grants the contractual partner, in the case of installation, the unlimited right to use the web application, otherwise the right is limited to the contract period, against payment, non-exclusive, non-transferable, non-sublicensable 1Tool .
Beyond the purposes of this contract, the contractual partner is not entitled to use the web application 1Tool to use, reproduce, download or make available to third parties outside the agreed group of users than their own data. If the contractual partner makes the software accessible to third parties, the contractual partner is liable alongside the third party 1Tool for the damage caused as a result, in particular for the loss of profit.
All copyrights and exploitation rights, in particular the distribution, reproduction and editing rights to the services provided (programs, documentation, designs, etc.) stand 1Tool . 1Tool receives the right to use the services provided after payment of the agreed fee for all purposes and to exploit them in its own name. If the product 1Tool is set in its entirety 1Tool the entire source code is available to the contractual partner. The copyrights and exploitation rights, in particular the distribution, duplication and processing rights remain with 1Tool. However, the contractual partner is entitled to further develop the application and the source code at its own expense for its own use.
§ 11. Final Provisions
Austrian law applies exclusively to the contractual relationships between the contracting parties, excluding the UN Sales Convention. Place of jurisdiction is 8430 Leibnitz. Contract and negotiation language is German. All ancillary agreements and arrangements must be in writing. This also applies to deviating from the written form. Verbal collateral agreements do not exist.
Should individual provisions of these terms and conditions be ineffective, the contract will remain in effect. The effectiveness of all other provisions remains unaffected. The ineffective regulation is to be replaced by a regulation that comes as close as possible to the purpose of the ineffective regulation.