General Terms and Conditions

Scope of Services

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

Setting up the storage space and installing the iPROT software on our server.
Setting up a dedicated customer website with encrypted communication (e.g. https://iprot.info/clientname).
The number of users with administration and/or write access for creating and editing minutes (meeting leaders), as ordered by the customer depending on the selected iPROT package (iPROT Start, iPROT Basic, or iPROT Pro).
An unlimited number of users with read access.
The number of simultaneously active projects, as ordered by the customer depending on the selected iPROT package (iPROT Start, iPROT Basic, or iPROT Pro).
Automatic daily backups on our server. Backup data can be made available upon request for a separate fee.
Update service to the latest iPROT version and server-side maintenance.
Support via email at support@iprot.eu.

Please note: A transfer of data from a previously created demo account is not provided for and is not possible.

Service Period, Withdrawal/Cancellation and Place of Performance

An order can only be placed via our website under Packages & Prices. After ordering, the customer account will be set up within a maximum of two business days. The customer has the right to withdraw from the order or cancel the contract concluded by the order within 14 days of placing the order.

The subscription term (minimum usage or minimum contract period) is at least twelve months from the date the customer account is set up and is automatically extended by six months at a time thereafter. 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. Services already paid in advance by the customer may 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 excluded.

Termination may only be effected in writing by email, or via the secured online administration area by an authorized representative or signatory of the customer’s company, or in the case of private individuals, by the individual themselves, provided this option is available. We are further entitled to terminate the contractual relationship without stating reasons and without observing a notice period. Grounds for termination include, among others, the customer being in arrears with payment of their invoice or parts thereof for two consecutive months. A further ground for termination may be a material breach or repeated breach – despite prior warning – of the obligations set out under Published Content. Grounds for termination that may result in blocking or immediate termination exist if the customer uses content that could impair normal server operations or server security.

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 e-mail or via the secure online administration area, insofar as this option is available. In the event of a transfer, the new contractual partner must expressly agree to the present terms and conditions.

Data Security, Network Availability

Where included in the respective iPROT package, customer data is regularly backed up on the server (see Scope of Services). In addition, the backed-up data (daily backups) of the respective customer database can be made available for download in a dedicated directory on the server upon request, for a separate fee. In the event of data loss nonetheless occurring, the customer is then obliged to resubmit the relevant data free of charge for restoration.

The customer will receive a user ID and an associated password. They are obliged to treat these confidentially and are liable for any misuse resulting from unauthorized use of the respective password. If the customer becomes aware that unauthorized third parties know a password, they must inform us immediately. If, due to the customer’s fault, third parties use our services by misusing the passwords, the customer is liable to us for usage fees and damages. In the event of suspicion, the customer has the option to request a new password, which we will then send to them. We guarantee a network availability of 99% per year for our server infrastructure. If the security of our servers, network operations, or the maintenance of network integrity is at risk, we may restrict or block access to the services temporarily or permanently as required. The customer must ensure a broadband network connection to the database that is available at all times for use of the iPROT services.

In the event that we discontinue the iPROT services, the customer is entitled to use their customer account and all data stored therein until the end of the respective contract term. In addition, we will provide access to the respective customer database for 12 months from the date of discontinuation (so-called Software Sunset). During this period, the customer may use iPROT in full and back up their data. After this period has expired, all customer accounts will be blocked and all data will be permanently deleted. All customers will be informed of such measures in writing by email in a timely manner.

Data Protection, Use of Customer Data

Our data protection practices comply with the applicable laws in Austria. The customer’s personal data will only be collected and used insofar as this is necessary for establishing, structuring the content of, or amending the contractual relationship. The customer undertakes to keep this data up to date at all times in their online administration area. The email addresses of the customer’s users registered in iPROT are used solely for informational messages regarding orders, for invoices and, unless the customer explicitly objects in writing, for customer relationship management and our own newsletters. We do not pass on customers’ personal data to third parties. Excluded from this are service partners insofar as this is necessary to determine the remuneration and to bill the customer. We are however entitled to use the customer’s company name and/or company logo for promotional purposes (e.g. listing as a reference customer on our website, on social media platforms, or in mailings), and by ordering iPROT the customer expressly agrees to this.

The customer has the right to information as well as the right to rectification, blocking and deletion of their stored data. If deletion is prevented by statutory or contractual retention obligations or other legal reasons, the data will be blocked.

Protecting your personal data is a special concern for us. We therefore process your data exclusively on the basis of the applicable statutory provisions (GDPR, TKG 2021). In our Privacy Policy, we inform you about the most important aspects of data processing in connection with our website and online services. If you contact us via a form on the website or by email, the data you provide will be stored for at least six months for the purpose of processing your request and in case of follow-up questions. We do not share this data without your consent. By ordering an iPROT account, you also agree to our Privacy Policy.

Published Content

The customer undertakes not to publish any content that infringes the rights of third parties or otherwise violates applicable law. Uploading erotic, pornographic, extremist, or otherwise immoral content is prohibited. We are entitled to block the customer’s access in the event of a violation. The same applies if the customer publishes content that is capable of harming the reputation of third parties, insulting or disparaging individuals or groups of people. This also applies even if there is no actual legal claim. We are not obliged to review our customers’ content.

The sending of spam emails is prohibited. This includes, in particular, sending unlawful, unsolicited advertising to third parties. When sending emails, it is also prohibited to provide false sender data or otherwise conceal the sender’s identity. In the event of non-compliance, we are entitled to block access.

Liability

We accept no liability for direct damages, consequential damages, or loss of profit due to technical problems and disruptions within the internet that are outside our sphere of influence. We are not liable to business customers for slightly negligent breaches of non-essential contractual obligations. This does not apply in cases of personal injury or within the scope of product liability.

For indirect damages, consequential damages, and loss of profit, we are only liable to business customers in cases of intent or gross negligence. In such cases, our liability is limited to the damage typically foreseeable under the contract and in any event to a maximum of 100% of the annual usage costs for the iPROT package ordered by the customer.

If the customer violates the obligations set out under Published Content through the content they publish, in particular statutory prohibitions or public morals, they are 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 whatever kind — resulting from the unlawfulness of content posted on the internet. The indemnification obligation also includes the obligation to fully indemnify us against legal defense costs (e.g., court and attorney fees).

Der Kunde ist berechtigt, Dritten eine Zugangsberechtigung zu seinen beauftragten Leistungen (= iPROT-Account) einzuräumen. In diesem Fall bleibt der Kunde dennoch alleiniger Vertragspartner. Für die Einhaltung der vertraglichen Vereinbarungen zwischen dem Kunden und uns haftet der Kunde weiterhin alleine und vollumfänglich. Sind für Änderungen jeglicher Art die Mitwirkung des Dritten erforderlich, so stellt der Kunde bereits bei Einräumung der Zugangsberechtigung sicher, dass sämtliche gesetzliche und vertragliche Bestimmungen eingehalten werden. Verstößt der Dritte gegen die Vertragspflichten oder erfüllt er die Mitwirkungspflicht nicht, sind die von ihm angegebenen Daten nicht richtig oder lückenhaft oder ergeben sich anderweitige Probleme mit der Einräumung der Zugangsberechtigung, so haftet der Kunde vollumfänglich für alle daraus resultierenden Schäden und stellt uns darüber hinaus von sämtlichen Ansprüchen frei, die durch den Dritten oder andere, an uns gestellt werden.

Costs and Invoicing

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

Invoicing covers all ongoing costs as well as any one-time costs incurred, billed six months in advance. If payment deadlines specified in the invoice are exceeded, we are entitled to charge default interest of 8.00% without prior reminder. We are further entitled in the event of default to block the customer’s access and customer database and to withhold all other services.

Invoices are delivered exclusively by email as a PDF attachment. If delivery by letter is requested, a handling fee of EUR 3.00 (plus statutory VAT) will be charged per invoice. Any other method of invoice delivery is not provided for and is expressly excluded. In the event of a retroactive invoice amendment that is not caused by our fault, we are entitled to charge a reasonable handling fee.

Correspondence

All correspondence with customers and between customers and us takes place exclusively in writing and digitally by email, using the email addresses provided or communicated at the time of contract conclusion. Documents and materials submitted by other means (e.g., by post, fax, etc.) will be disregarded.

Costs for Non-Included Optional Services

The following flat rates apply to flexible upgrade options for iPROT packages as well as non-included optional services (these prices do not apply to special offers and/or discount promotions unless otherwise stated there):

Prices for iPROT upgrades (valid from April 2023):

Upgrades from iPROT Start & iPROT Basic

for each additional user with admin or write access: EUR 7.00 per month (plus statutory VAT)
for each additional project: EUR 7.00 per month (plus statutory VAT)

Upgrades from iPROT Pro

for each additional user with admin or write access: EUR 5.00 per month (plus statutory VAT)
for each additional project: EUR 5.00 per month (plus statutory VAT)

Prices for Optional Services

Data backup and delivery of backed-up data to the customer: EUR 99.00 per backup (plus statutory VAT) and plus any costs for the storage medium, if the customer requests delivery of the backup on a physical storage medium
One-time customization of reports to the customer’s layout specifications (e.g. font, logo, footer): EUR 1,500.00 (plus statutory VAT)

All customers who ordered iPROT Start, iPROT Basic, iPROT Pro, or iPROT X up to March 2023 will be transitioned to the updated 2023 pricing model (see above) in the course of an upgrade or downgrade from April 2023 onwards.

Information for existing customers: Up to and including March 2023, the following prices applied to iPROT upgrades:

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

Upgrades to a higher-value individual iPROT package or to a higher-value standard package (e.g., from iPROT Start to iPROT Basic or iPROT Pro as per Packages & Prices) are generally possible at any time upon customer request and are billed on a pro-rata basis as of the effective date. Orders are placed either via the iPROT website or in writing by email.

Downgrades – i.e., a reduction in the agreed scope of services – are also possible at the customer’s request, effective at the end of the current billing period (= contract term). A downgrade is always made from one of the standard packages (see Packages & Prices) and must be communicated by the customer in writing by email no later than one month before the end of the contract term.

Final Provisions and Severability Clause

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

The exclusive place of jurisdiction, including internationally, 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 applies if the customer has no general place of jurisdiction in Austria or if their place of residence, registered office, or habitual abode is unknown at the time the action is brought. However, in all cases we are entitled to bring an action at the customer’s place of jurisdiction. Mandatory statutory provisions, in particular regarding exclusive responsibilities, remain unaffected.

Should a provision be or become wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions. The same applies if and insofar as a gap should become apparent in this contract. In place of the invalid or unenforceable provision, an appropriate provision shall apply which, insofar 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.