Scope of services

iPROT is an Internet-based software that can only be used and operated via an Internet browser. When ordering, the following services are included, as listed on our website in the Packages & Prices section:

• Setting up the storage space and installing the iPROT software on our server.
• Set up your own customer website with encrypted communication (e.g. https://iprot.info/customername).
• The number of users with administration and/or write authorization to create and edit minutes (meeting leader) ordered by the customer depending on the iPROT package ordered (iPROT-Start, iPROT-Basic or iPROT-Pro).
• An unlimited number of users with read authorization.
• The number of simultaneously active projects ordered by the customer depending on the iPROT package ordered (iPROT-Start, iPROT-Basic or iPROT-Pro).
• Automatic daily backups on our server. The data backups can be made available on request for a fee.
• Update service to the latest iPROT version and server-side maintenance.
• Support via e-mail.

Note: A data transfer from a previously created demo account is not intended and not possible.

Performance period, revocation/withdrawal, termination and place of performance

Orders can only be placed via our website in the Packages & Prices section. Customer access is set up within a maximum of two working days after ordering. The customer has the right to cancel his order or withdraw from the contract concluded through the order within a period of 14 days after placing the order.

The term of the subscription (minimum usage or minimum contract term) is at least twelve months from the time customer access is set up and is then automatically extended by six months in each case. You will receive an invoice every six months, payment is made by bank transfer. The notice period is one month before the end of the contract term. Any services already paid for in advance by the customer can be used until the end of the respective billing period (= contract term). A refund of any fees already paid in advance by the customer is not provided for and is expressly not agreed.

Notice of termination can only be given by a person authorized to represent or represent the company. authorized signatory from the customer’s company or, in the case of private individuals, by the customer himself in writing by letter, e-mail or via the secure online administration area, insofar as this option is available. We are also entitled to terminate the contractual relationship without giving reasons and without observing a notice period. A reason for termination exists, among other things, if the customer is in arrears with the payment of his invoice or parts thereof for two consecutive months. A further reason for termination may be, among other things, that the customer substantially or despite a warning violates the obligations set out in section Published content. A reason for termination which can lead to blocking or termination without notice is if the customer uses content which could impair the regular operating behavior or the security of the server.

The place of performance for all services arising from this contract is Graz. If the customer intends to transfer his contractual rights to another person, he requires our consent. A transfer of contractual rights can only be made in writing by letter, e-mail or via the secure online administration area, insofar as this option is available. In the case of a transfer by letter or e-mail, the previous and new contractual partners must sign in person and expressly agree to these terms and conditions.

Data security, network availability

If this is included in the respective iPROT package, the customer data is regularly backed up on the server (see section Scope of services). In addition, the secured data (daily backups) of the respective customer database can be made available to the customer on request in a separate directory on the server for download for a separate fee. In the event that data is nevertheless lost, the customer is then obliged to transmit the data in question again free of charge for recovery.

The customer receives a user ID and the corresponding password. He is obliged to treat these confidentially and is liable for any misuse resulting from unauthorized use of the respective password. If the customer becomes aware that a password is known to unauthorized third parties, he must inform us immediately. If, due to the customer’s fault, third parties use our services by misusing the passwords, the customer shall be liable to us for usage fees and damages. In the event of suspicion, the customer therefore has the option of requesting a new password, which we will then send to the customer. We guarantee an annual average network availability of 99% for our server infrastructure. If the security of our servers, network operation or the maintenance of network integrity is at risk, we may temporarily restrict or block access to the services as required. The customer must ensure that a broadband network connection to the database is available at all times in order to use the iPROT service.

In the event that we discontinue iPROT’s services, the customer is entitled to use their customer access and all their data stored therein until the end of the respective contract term. In addition, we grant access to the respective customer database (so-called software sunset) for 12 months from the date of discontinuation of iPROT’s services. During this period, the customer can use iPROT to its full extent and back up its data. After this period has expired, all customer access will be blocked and all data irretrievably deleted. In any case, all customers will be informed of such measures in good time by e-mail.

Data protection, use of customer data

Our data protection practices are in accordance with the applicable laws in Austria. Personal data of the customer is only collected and used insofar as it is necessary for the establishment, content or modification of the contractual relationship. The Customer undertakes to keep this data in its online administration area up to date at all times.We use the email addresses of the Customer’s users registered in iPROT only for information letters about the orders, for invoices and, unless the Customer expressly objects in writing, for customer care and for our own newsletters. We do not pass on any personal customer data to third parties. Excluded from this are service partners, insofar as this is necessary for determining the fee and for invoicing the customer. However, we are entitled to use the Customer’s company name and/or company logo for advertising purposes (e.g. naming reference customers on our website, on social media platforms or in mailings) and the Customer declares that it expressly agrees to this by placing an order with iPROT.

The customer has a right to information as well as a right to correction, blocking and deletion of his stored data. If statutory or contractual retention obligations or other legal reasons prevent deletion, the data will be blocked.

The protection of your personal data is of particular concern to us. We therefore process your data exclusively on the basis of the statutory provisions (GDPR, TKG 2003). In our data protection declaration and agreement, we inform you about the most important aspects of data processing within the scope of our website and our online offering. If you contact us using the form on the website or by e-mail, the data you provide will be stored by us for at least six months for the purpose of processing the inquiry and in the event of follow-up questions. We do not pass on this data without your consent. By ordering an iPROT account, you also agree to our privacy policy and agreement.

Published content

The customer undertakes not to publish any content that infringes the rights of third parties or otherwise violates applicable law. The posting of erotic, pornographic, extremist or immoral content is not permitted. We are entitled to block the customer’s access in the event that this is violated. The same applies in the event that the customer publishes content that is likely to offend the honor of third parties, insult or denigrate persons or groups of persons. This also applies in the event that there is no actual legal entitlement. We are not obliged to check the content of our customer.

The sending of spam mails is prohibited. This includes in particular the sending of unauthorized, unsolicited advertising to third parties. When sending e-mails, it is also prohibited to provide false sender data or to disguise the identity of the sender in any other way. In the event of non-compliance, we are entitled to block access.

Liability

We accept no liability for direct damage, consequential damage or loss of profit due to technical problems and faults within the Internet that are beyond our control.We are not liable to entrepreneurs for slightly negligent breach of insignificant contractual obligations. This does not apply in all cases of personal injury or in the context of product liability.

We shall only be liable to entrepreneurs for indirect damage and consequential damage as well as for loss of profit in the event of intent and gross negligence. In this case, our liability shall be limited to the foreseeable damage typical for the contract and in any case to a maximum of 100% of the annual usage costs for the iPROT package ordered by the Customer.

If the customer violates the obligations stated under point Published content, in particular legal prohibitions or morality, with the content published by him, he shall be liable to us for compensation for all direct and indirect damages arising from this, including financial losses. In addition, the customer undertakes to indemnify us against claims by third parties – of any kind whatsoever – resulting from the illegality of content posted on the Internet. The indemnification obligation also includes the obligation to fully indemnify us from legal defense costs (e.g. court and attorney’s fees).

The customer is entitled to grant third parties access authorization to its commissioned services (= iPROT account). In this case, the customer nevertheless remains the sole contractual partner. The customer shall continue to be solely and fully liable for compliance with the contractual agreements between the customer and us. If the cooperation of the third party is required for changes of any kind, the customer shall ensure that all legal and contractual provisions are complied with when granting access authorization. If the third party violates the contractual obligations or does not fulfil the obligation to cooperate, if the data provided by the third party is incorrect or incomplete or if other problems arise with the granting of access authorization, the customer shall be fully liable for all resulting damages and shall also indemnify us against all claims made against us by the third party or others.

Costs and invoicing

The usage costs for iPROT are offered at a monthly flat rate, as listed on our website in the Packages & Prices section.

Invoices are issued for six months in advance, taking into account the ongoing costs incurred and any one-off costs. If any payment deadlines granted in the invoice are exceeded, we shall be entitled to charge default interest of 8.00% even without a reminder. In the event of default, we are also entitled to block the customer’s access and the customer database and to withhold all other services.

Invoices are sent by e-mail as an attachment in PDF format only. If delivery by letter is requested, a processing fee of EUR 3.00 (plus VAT) will be charged per invoice. No other form of invoice transmission is provided for and is expressly not agreed. We are entitled to charge a reasonable processing fee in the event of a retroactive change to the invoice which is not our fault.

Correspondence

All correspondence (correspondence) with customers, as well as between customers and us, shall take place exclusively in writing and digitally by e-mail via the respective e-mail addresses used when the contract was concluded. e-mail addresses provided. Documents and papers sent in any other way (e.g. by post, fax, etc.) will be disposed of unopened and expressly not acknowledged.

Final provisions and severability clause

These General Terms and Conditions and the contractual relationship between us and the customer shall be governed exclusively by Austrian law to the exclusion of the UN Convention on Contracts for the International Sale of Goods and private international law.

The exclusive, also international, place of jurisdiction for all disputes arising from the contractual relationship is our registered office in Graz, even if the customer is a merchant, a legal entity under public law or a special fund under public law. The same shall apply if the customer has no general place of jurisdiction in Austria or if the customer’s place of residence, place of business or habitual abode is unknown at the time the action is brought. In all cases, however, we are entitled to sue at the customer’s place of business. Overriding statutory provisions, in particular regarding exclusive responsibilities, remain unaffected.

Should any provision be or become invalid or unenforceable in whole or in part, this shall not affect the validity of the remaining provisions. The same applies if and insofar as a loophole is found in this contract. The invalid or unenforceable provision shall be replaced by an appropriate provision which, as far as legally possible, corresponds to the meaning and purpose of the invalid or unenforceable provision or to the presumed intention of the parties, had they considered this point.

Costs for optional services not included

• Prices for iPROT upgrades (valid from April 2023):
  • Upgrades from iPROT Start & iPROT Basic
    • for each additional user with admin or write authorization: EUR 7.00 per month (plus VAT)
    • for each additional project: EUR 7.00 per month (plus VAT)
  • Upgrades from iPROT Pro
    • for each additional user with admin or write authorization: EUR 5.00 per month (plus VAT)
    • for each additional project: EUR 5.00 per month (plus VAT)
• Prices for optional services
  • Data backup and transmission of the backed-up data to the customer: EUR 99.00 per backup (plus VAT) and plus any costs for the data carrier, if the customer requests the transmission of the data backup on a data carrier
  • One-off customization of the reports to the customer’s layout specifications (e.g. font, logo, footer): EUR 1,500.00 (plus VAT)

All customers who have ordered iPROT Start, iPROT Basic, iPROT Pro or iPROT X by March 2023 will be converted to the updated 2023 pricing model (see above) as part of an upgrade or downgrade from April 2023.

Information for existing customers: The following prices were valid for iPROT upgrades up to and including March 2023:

• 3.90 EUR per month for each additional GB of storage space for logs, images, PDF files on our server (plus VAT)
• EUR 9.90 per month for each additional user with admin or write authorization (plus VAT)
• EUR 2.90 per month for each additional project (plus VAT)
• Search/filter function (only for iPROT Start): EUR 11.50 per month (plus VAT)
• iPROT X only: for each additional user with admin or write authorization: EUR 5.00 per month (plus VAT)
• iPROT X only: for each additional project: EUR 5.00 per month (plus VAT)