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General Terms and Conditions 1Tool

§ 1 General

The business relationship between Körbler GmbH, FN 403057g, Hofweg 1, 8435 Leitring (Austria), hereinafter referred to as“1Tool” and the contractual partner with regard to the web application “1Tool” is governed exclusively by the following General Terms and Conditions (hereinafter referred to as “GTC”) in the version valid at the time of the order.

These GTC apply to all current and future services, even if they have not been expressly agreed again. Any contractual conditions of the contractual partner that contradict these GTC are invalid. 1Tool reserves the right to amend these GTC at any time and without prior notice.

General Terms and Conditions of Körbler GmbH
for the use of the “1Tool” web application

Last change: 04.05.2022

§ 2 Subject matter of the contract

The subject matter of the contract is the 1Tool web application in its current version. The scope of functions corresponds to the current service description and the current price list.

There are two ways of using the 1Tool web application:

  1. Provision of the web application on the infrastructure of 1Tool as software-as-a-service: The web application is made available to the contractual partner for use on the infrastructure of 1Tool. In this case, hosting and the associated services are the subject matter of the contract.
  2. Installation of the web application at the contractual partner’s premises (on premises): In this case, the current version of the software is installed once on a server of the contractual partner. Hosting and the associated services are not part of the contract.

§ 3 Provision on the infrastructure of 1Tool

The contractual partner has the option of making the web application available to 1Tool as Software-as-a-Service. In this case, the web application is hosted on the 1Tool server and 1Tool carries out the ongoing maintenance, data backup, etc. as well as the installation of bug fixes and updates. All bug fixes and updates are made available to the contractual partner as part of the contract and installed and configured by 1Tool in their application environment.

  1. Contractual term
    The contractual relationship begins when the contract is signed and is concluded for an indefinite period. The contractual relationship may be terminated by either party by giving three months’ notice to the end of the month. In addition, the contractual relationship can be terminated at any time for good cause.
    All notices of termination must be made in writing to be effective.
  2. Changes to services
    1Tool may change the services and functionality of the web application at any time in a manner that is reasonable for the contractual partner. In particular, a change is reasonable if it is necessary for good cause.
  3. Remuneration
    The remuneration for the use of the 1Tool web application and all other services is set out in the price list. The current remuneration is due monthly in advance on the 1st of each month. If 1Tool provides 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. Payment for these services is due immediately upon receipt of the invoice. In the event of late payment, the interest rates applicable to business transactions pursuant to the Austrian Commercial Code (UGB) shall be agreed.

    1Tool is entitled to change prices for the contractual services to compensate for increased personnel and other costs. Prices are changed once a year, namely on January 1st of each year. 1Tool shall inform the contractual partner of the price change within eight weeks. Upon receipt of the notification of the price increase, the price increase is effective unless the contractual partner terminates the contract within a period of one month. If the contractual partner does not terminate the contract, it agrees to the price increase. In the event of termination of the contract – regardless of the reason – or in the event of insolvency of Körbler GmbH, the contractual partner will be provided with a database export of all his data and the data will be deleted from the 1Tool server.

§ 4 Installation at the contractual partner

The contractual partner has the option of purchasing a license for the 1Tool web application and installing 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 its server itself or commission 1Tool to do so.

If the 1Tool web application has been installed on the contractual partner’s server, the contractual partner is responsible for data security and reliability as well as backups, etc.
Bug fixes for the 1Tool web application are made available to the contractual partner as part of a separate support and maintenance contract to be agreed. The contractual partner is provided with installation files for download for this purpose and the contractual partner must install the bug fixes himself. On request, bug fixes can be installed by 1Tool at the expense of the contractual partner. Updates of 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 Act as amended. In particular, the client’s sensitive data is protected in the best possible way due to the high security standards of the hardware and software and the associated processes.
Further information on this can be found in the privacy policy.

  1. 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 using Secure Socket Layer encryption (128/256-bit permanent SSL encryption).

    1Tool keeps the contractual partner’s data locked away under the highest security precautions. The contractual partner can access their data with a secure 256-bit SSL encrypted login and view and edit it at any time.

  2. Employee security code
    1Tool employees do not mention any sensitive customer data, such as passwords, database identifiers, sensitive company data, etc., when making telephone contact.

  3. Confidentiality agreements for employees
    The employees of 1Tool are subject to a contractually agreed confidentiality obligation, which also applies after any departure from the company.

§ 6 Computer 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 perfect environmental conditions of the company servers and server families have the highest priority there. This ranges from access control to emergency power supply.

The data center is secured in the following ways:

Access protection

Only authorized persons have access by means of a card system.
The holders of access cards are identified by photo ID. Every access is recorded in the log system

Video surveillance

The entire server room is equipped with video surveillance (one camera per aisle). The video data is recorded in the theft of the cameras cannot lead to data loss.

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 prevent damage.

Uninterruptible power supply

All systems are equipped with an uninterruptible power supply. These systems also provide overvoltage protection. The data center is operated in a very stable and redundant power grid.

Failure safety

The infrastructure has a fail-over server with identical equipment and online mirroring of the hard disk. In order to shorten any downtimes, important website and application services are monitored as required. Failures can then be forwarded directly to the support team and the technician on site via SMS. Thanks to continuous monitoring of services and automatic SMS notification, we react within a few minutes in the event of a failure. In the event of serious hardware problems that cannot be resolved remotely and require a trip to the data center, the maximum time for troubleshooting to begin is 4 hours. We guarantee an availability of 99.9% with the exception of previously announced maintenance work.

Data backup

All systems are backed up daily by an automated backup system. The backup strategy is currently as follows:

    • weekly full backup
    • Daily incremental backup
    • Retention period: full backup 6 weeks, incremental backup 7 days
      The contractual partner will be provided with a backup of their data for download on request.
    • Data is backed up via a separate Lan segment within the data center to a so-called disk-to-disk stage. This procedure enables data to be restored quickly. The data backup includes the contractual partner’s user data as well as system data, configurations and user data. Where possible, dumps are made of the database system 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 restorations will be carried out without charge (fair use), even if the contractual partner is at fault.

System and hardware monitoring

All systems, both 1Tool and infrastructure, are monitored 365/24/7. A technical service is also available outside office hours and is informed about the status and availability of 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 an “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 could not be scheduled by the contractual partner for daytime or office hours or were not planned.
Alerts in the event of malfunctions are sent exclusively to the standby service. If desired and technically possible, the contractual partner can also be included in the notifications, at least partially automatically. A maximum response time of 4 hours is agreed for system failures, within which the analysis and solution of the problem is started. As a rule, this value should be far lower. Response times are currently less than 30 minutes. No guarantee can be given regarding the maximum time required to solve a problem, as this cannot be estimated due to the wide range of possibilities.
Service failures can also be caused by third parties over which 1Tool has no influence (e.g. upstream, carriers) or by criminal acts such as DDoS (distributed denial of service) attacks.

§ 7 Warranty

1Tool warrants that all services are free of defects and usable according to the state of the art at the time of performance, without satisfying all conceivable conditions of use. The decision on the type and manner of technical implementation is the sole responsibility of 1Tool; any other possibilities of implementation do not constitute defects.

The warranty is excluded for errors, faults or damage caused by improper operation, incorrect installation, changed operating system components, interfaces or parameters, changes to the content management system, use of unsuitable organizational resources and data carriers, insofar as such are prescribed, abnormal operating conditions and changes made by the contractual partner itself or third parties.

The warranty period is 6 months. In the event of defects, the contractual partner must notify 1Tool of the defects immediately. The contractual partner is obliged to support 1Tool free of charge in remedying the defects and, in particular, to provide 1Tool with all necessary documents, data, etc. required to analyze and remedy the defects. If the contractual partner violates his obligation to give notice of defects or his obligation to cooperate in the rectification of defects, the contractual partner loses his claims against 1Tool.

§ 8 Compensation

The use of the services provided by 1Tool is at the user’s own risk. 1Tool accepts no liability for direct or indirect damage resulting from 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 relating 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 actual damage incurred must be proven by the contractual partner. The obligation to pay compensation does not include the cost of recovering lost data. The liability of 1Tool is limited to a maximum amount of € 1,000.00 per case of damage.

§ 9 Support

Support costs are not included in the normal license fees for 1Tool. There are separate support packages that can be purchased. For customers who do not have an existing support contract, support costs are charged separately.

§ 10 Rights of use

In the case of installation, 1Tool grants the contractual partner the right to use the 1Tool web application for an indefinite period of time, otherwise the right to use the 1Tool web application for a limited period of time, for a fee, non-exclusively, non-transferable, non-sublicensable.

Beyond the purposes of this contract, the contractual partner is not entitled to use the 1Tool web application as his own data, to reproduce it, download it or make it accessible to third parties outside the agreed user group. If the software is made accessible to third parties by the contractual partner, the contractual partner and the third party are liable to 1Tool for the resulting damage, in particular for loss of profit.

1Tool is entitled to all copyrights and exploitation rights, in particular the distribution, reproduction and processing rights to the services provided (programs, documentation, designs, etc.). 1Tool receives the right to use the services provided for all purposes after payment of the agreed remuneration and to exploit them in its own name. If the 1Tool product is discontinued in its entirety, 1Tool makes the entire source code available to the contractual partner. The copyrights and exploitation rights, in particular the distribution, reproduction and processing rights, remain with 1Tool. However, the contractual partner is entitled to further develop the application and the source code at his own expense for his own use.

§ 11 Final provisions

The contractual relations between the contracting parties shall be governed exclusively by Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods. The place of jurisdiction is 8430 Leibnitz. The language of the contract and negotiations shall be German. All ancillary agreements and arrangements must be made in writing. This shall also apply to any deviation from the written form requirement. Verbal collateral agreements do not exist.

Should individual provisions of these terms and conditions be invalid, the contract shall nevertheless remain in force. The validity of all other provisions shall remain unaffected. The invalid provision shall be replaced by a provision that comes closest to the purpose of the invalid provision.