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GTC

1.Subject matter of the contract, contracting parties

1.1 https://veranstaltungen-graz.com (hereinafter referred to as "Veranstaltungen-Graz") enables its customers to place event advertisements in the Internet portal https://veranstaltungen-graz.com. Veranstaltungen-Graz shall provide its service in this respect (hereinafter referred to as "contractual service") subject to the following terms and conditions. The service shall be provided in accordance with the agreements made between the contractual partners and in addition to the following General Terms and Conditions. For other deliveries and services of Veranstaltungen-Graz the agreements and terms of business made separately for this purpose shall apply. The customer's terms and conditions shall not become part of the contract.

1.2 The customer may transfer the rights and obligations under this contract to a third party only with the written consent of Veranstaltungen-Graz.

2.Registration and conclusion of contract

2.1 The use of the contractual service requires that the customer registers as a user on the website https://veranstaltungen-graz.com by providing his data.

2.2 Through the payment of the customer, the contract for the contractual service is concluded. The customer can change his data stored during registration from the password-protected area at any time.

3.Service description

3.1 The service of Veranstaltungen-Graz for the customer consists in the provision of an information portal event advertisements for event seekers (users). The contractual portal https://veranstaltungen-graz.com informs users free of charge about events of all kinds (e.g. concerts, theater, parties, trade fairs, lectures, meetings, etc.) taking place in Austria. In addition to the contractual portal https://veranstaltungen-graz.com-, the event advertisements may also appear in a different appearance on other Internet pages of Veranstaltungen-Graz or other providers. Veranstaltungen-Graz reserves the right to change the appearance of the contractual portal and other Internet pages on which the event advertisements appear at any time.

3.2 The average minimum availability of the contractual portal's connection to the Internet is 80% on an annual average.

3.3 Veranstaltungen-Graz provides its customers with direct system access to an online database through which they can advertise events. The advertisements can only be made in accordance with the input mask set up for this purpose. Event advertisements are made by single event (a single calendar day).

3.4 Veranstaltungen-Graz reserves the right to exclude operators or visitors from the system without giving reasons and without prior notice, as well as to delete or change content. This applies in particular to illegal or immoral content or also if the period of membership has been exceeded.

3.4 The customer has the option of entering hyperlinks to online ticket sellers, partners and sponsors, etc. in the respective event advertisements. The customer assumes responsibility for the up-to-dateness of the hyperlinks and is responsible for the content and accuracy of the information and offers provided on the linked websites. When using the ticket service, contractual relationships are only established between the purchaser of the tickets and the online ticket seller.

3.5 https://veranstaltungen-graz.at enables its customers to integrate an individual calendar with their own event advertisements into their website in order to keep it available for retrieval (without storage) by end customers. For this purpose, Veranstaltungen-Graz provides the customer with applications that the customer can integrate into his Internet presence. There is no obligation to integrate the applications. The customer may only integrate the applications provided by Veranstaltungen-Graz unchanged into his Internet presence. In particular, the customer is not permitted to make changes that affect the electronic advertising associated with the applications or to read and download the General Terms and Conditions and the Terms of Use of Veranstaltungen-Graz. Veranstaltungen-Graz reserves the right to change the applications at any time or to terminate the provision even if the contract continues. After termination of the contractual relationship, the customer must remove the applications from his website and data carriers and confirm this in writing to Veranstaltungen-Graz upon request.

3.6 Veranstaltungen-Graz offers additional services via the contractual Internet portal https://veranstaltungen-graz.at on a case-by-case basis free of charge or against payment. Unless otherwise agreed, these General Terms and Conditions shall also apply to such services.

4.Duties and obligations of the customer in the contractual services

4.1 The customer is obligated to perform the acts of cooperation required for the provision of the service on his part.

4.2 The customer may not misuse the contractual services. It is not permitted to transmit or offer content in violation of legal regulations and prohibitions or in violation of property rights, personal rights or other rights of third parties. In particular, the customer must ensure that he does not use any content protected by law (e.g. by copyright, trademark, patent, design patent or utility patent law) or by contract for his event advertisement without authorization. No offers may be made accessible to children or young people in contravention of the statutory provisions. If third parties are harmed by such unauthorized use, the customer shall indemnify Veranstaltungen-Graz against any claims by third parties resulting therefrom, insofar as the customer is responsible for such use.

4.3 The customer shall notify Veranstaltungen-Graz without delay of any change in his name, company, registered office, billing address, bank details or credit card number, insofar as this data is of significance for the processing of the contract.

4.4 The customer is obligated to take appropriate precautions against unauthorized use of the contractual services by third parties. For this purpose, he shall in particular keep secret the user identifications and passwords provided to him by Veranstaltungen-Graz. The customer shall change the passwords from his customer portal on a regular basis as well as in the case of occasions given for this purpose (e.g. departure of an employee who was aware of a password). The customer shall be responsible to Veranstaltungen-Graz for use by third parties insofar as the customer is responsible for such use. In particular, the customer shall also pay the charges incurred by authorized or unauthorized use of the contractual connection by third parties, insofar as he is responsible for this use.

4.5 When using the contractual service, the customer shall ensure that he does not transmit any programs or other data which could interfere with the proper functioning of the network, the servers or other technical equipment of Veranstaltungen-Graz or third parties.

4.6 The customer do not to place any inaccurate event advertisements in the contractual information portal and to correct or delete details that are incorrect or outdated without delay.

4.7 The customer has the obligation to protect its own technical equipment and data stocks against damaging data from outside by appropriate security measures.

4.8 All users of the system (both customers and visitors) agree that all content and information (text, data, images, etc.) entered or confirmed by them may be freely published both on the Internet and in printed form. In particular, the content may be displayed not only on https://veranstaltungen-graz.at, but also (e.g. in the context of content sharing) on other sites. The users guarantee that they are the owners of all rights to the content they enter and grant Events-Graz the right to use this content free of charge and without any restrictions in terms of content, space or time. By providing (uploading) image or other data, the user expressly declares that this data does not infringe any rights of third parties and does not violate any legal provisions. Furthermore, the provider declares that he/she has the necessary copyright, image and photo rights for the provision and that he/she will indemnify and hold harmless our company and its relatives against claims from third parties.

5.User lock

Veranstaltungen-Graz may block the contractual service if the customer has given cause for termination of the contractual relationship without notice. Other rights of Veranstaltungen-Graz to block access, in particular in the event of use in breach of contract and default of payment, shall remain unaffected.

6.Prices, terms of payment and exclusion of objections to invoices

6.1 The prices for event advertisements are based on the current price list, which is available for viewing on the website https://veranstaltungen-graz.at.

6.2 The contractual charges are billed for the respective previous calendar month. Invoices are issued electronically by default and are available for download in the password-protected customer area. Veranstaltungen-Graz points out that according to the current practice of the tax authorities, such an invoice does not entitle the customer to deduct input tax. The sending of invoices in paper form by post can be requested by the customer on separate request for an annual fee of 20.00 Euro (incl. VAT).

6.3 The contractual service shall only be provided against advance payment on a credit basis. For this purpose, the customer must pay a credit balance by credit card or via another contractually provided payment method in his password-protected customer area, as required. An unused credit balance will only be refunded if the customer requests Veranstaltungen-Graz to do so in text form (by e-mail or letter), stating his account number, at the latest within one year after termination of the contract.

6.4 The customer may only offset payment claims of Veranstaltungen-Graz against undisputed or legally established claims. The customer shall only be entitled to a right of retention on the basis of claims arising from the same contractual relationship.

7.Contract duration and termination

7.1 The contract is concluded for an indefinite period. The customer may terminate the contract at any time without notice, Events-Graz with a notice period of one month. Even in the event of termination, the contractual relationship for event advertisements already placed shall continue until the event date specified therein.

7.2 The right to extraordinary termination for good cause remains unaffected.

7.3 Cancellation must be made in text form by e-mail or letter.

7.4 If Veranstaltungen-Graz has not received any input from the customer for an event advertisement for one year, the contract ends automatically.

8.Changes to the general terms and conditions and prices

8.1 If Veranstaltungen-Graz wishes to make changes to the General Terms and Conditions, the customer shall be notified of the intended change by e-mail. The changes shall be deemed to have been approved if the customer does not raise an objection by e-mail. Veranstaltungen-Graz shall make special reference to this consequence when announcing the changes. The objection must be received by Veranstaltungen-Graz within six weeks of notification of the changes. If such an objection is made, the contract shall be continued without the proposed changes. The right of the contracting parties to terminate the contract shall remain unaffected by this.

8.2 The prices including VAT quoted by Veranstaltungen-Graz are calculated from prices without VAT plus VAT at the legally applicable rate. In the event of a change in the VAT rate, the prices including VAT will automatically be adjusted accordingly.

8.3 Events-Graz may change the prices for newly placed event advertisements with effect for the respective following calendar month by posting a new price list on the Internet page https://veranstaltungen-graz.at. The customer shall be additionally informed of the new prices before entering the first event advertisement after the price increase explicitly in the confirmation window for the placement of the event advertisement.

9.Liability

9.1 Veranstaltungen-Graz shall only be liable in the event of intent, gross negligence and culpable breach of contractual obligations, the fulfillment of which is a prerequisite for the proper execution of the contract and the observance of which the contractual partner may regularly rely on (essential contractual obligations); if Veranstaltungen-Graz is only guilty of simple negligence in this respect, the amount of damages shall be limited to the typically foreseeable damage.

9.2 Veranstaltungen-Graz shall be liable for damages due to defects in the applications provided to the customer, even if the defects were already present at the time of conclusion of the contract, only in the event of fault. Here, liability is limited to intent or gross negligence.

9.3 Liability for damages arising from culpable injury to life, limb or health and liability arising from guarantees and under the Product Liability Act shall remain unaffected.

10.Jurisdiction, Applicable Law

If the customer is a merchant, a legal entity under public law or a special fund under public law, the exclusive place of jurisdiction for all disputes arising from the contractual relationship shall be the registered office of Veranstaltungen-Graz. Austrian law shall apply.

11.Data privacy

Veranstaltungen-Graz collects (inter alia with the aid of cookies), processes and uses personal data for the purpose of executing this contract and all orders carried out in connection therewith in accordance with the relevant data protection provisions. Veranstaltungen-Graz shall be entitled to engage third parties for the provision and invoicing of the contractual services and to transmit the data required for this purpose to these third parties. The obligation to comply with the statutory data protection provisions shall remain unaffected by this. After termination of the contractual relationship, the personal data shall be deleted insofar as it is no longer required for billing purposes.

You have a right to free information, correction, blocking and deletion of your stored data at any time. Please contact us by email or send us your request by mail.

Encryption: To ensure that your data reaches us in a secure way, data communication is enabled at the relevant points via 128bit encryption (SSL). Depending on the browser you use, you can check this, for example, by a closed lock symbol.