General Terms and Conditions for Software-as-a-Service (SaaS) services of derpli GmbH
1. Scope
1.1 derpli GmbH (hereinafter "Provider") is in particular the provider of the online software
"BackupMonitor" (hereinafter "Software"). The Provider makes the Software available to the Customer
by means of remote access via the Internet ("Software-as-a-Service") in accordance with these
General Terms and Conditions (GTC).
1.2 The GTC shall also apply to all future business relationships in relation to this contractual
object, even if they are not expressly agreed again. Deviating terms and conditions of the Customer
that are not expressly recognized by the Provider shall not be binding for the Provider, even if the
Provider does not expressly object to them.
1.3 The provider's Software-as-a-Service (SaaS) services are aimed exclusively at commercial
customers.
2. Subject matter of the contract
2.1 Provider allows the customer to use the software as a SaaS solution via the Internet and to
store data on Provider's servers in return for payment of the agreed fee. The customer may
simultaneously access the software provided for him up to the contractually agreed number of
users.
2.2 The software is made available for use by the provider at the agreed transfer point (interface
of the data network operated by the provider to other networks). The software remains on the
Provider's server. The Provider is not responsible for establishing and maintaining the data
connection between the Customer's IT system and the transfer point operated by the Provider.
2.3 The Provider provides the Customer with the use of the software with the scope of services and
functions available at www.backupmonitor.io. The assumption of a guarantee for certain properties
(quality) is not associated with this. Individual extensions or adaptations of the software are not
owed by the Provider. Free test access can be blocked at any time without notice.
3. Availability
3.1 The Provider shall provide the Customer with the software for use at the transfer point with the
availability defined below. The services for the transmission of data are limited solely to data
communication between the transfer point of the data communication network to the Internet provided
by the Provider and the Provider's server. It is not possible for the Provider to influence data
traffic outside its own communications network. Successful forwarding of information from or to the
customer's computer is therefore not owed in this respect.
3.2 The Provider provides the aforementioned services with no fixed overall availability and is
entitled to interrupt the service at any time for maintenance work.
4. Data protection
4.1 The customer has been expressly informed of Art. 28 GDPR. The customer is responsible for the
permissibility of data collection, processing and use as well as for safeguarding the rights of the
data subjects and indemnifies the provider against third-party claims and other disadvantages in
this regard.
5. Data backup, deletion
5.1 The customer is obliged to back up his data regularly.
5.2 The provider will delete the customer's data stored on the server 30 days after the end of the
contract.
6. Access authorizations
6.1 For access to the software, the customer shall receive a user ID and a changeable password for
each user. The customer shall keep the usage and access authorizations assigned to him or the users
as well as other agreed identification and authentication safeguards secret, protect them from
access by third parties and not pass them on to unauthorized third parties.
6.2 The customer shall inform the provider immediately if there is any suspicion that the access
data and/or passwords may have become known to unauthorized third parties. The Customer shall then
receive a new password from the Provider. In this case, the Provider is entitled to reassign not
only the password but also the user ID.
7. Obligations of the customer
7.1 The Customer shall be responsible for establishing a data connection between the workstations it
intends to use and the data transfer point defined by the Provider.The Provider is entitled to
redefine the data transfer point at any time if this is necessary to enable the Customer to make
smooth use of the services. In this case, the customer shall establish a connection to the newly
defined transfer point.
7.2 The contractual use of the Provider's services is dependent on the hardware and software used by
the Customer meeting the minimum technical requirements for the use of the Internet and the users
authorized by the Customer to use the software being familiar with the operation of the software.
The customer is responsible for configuring its IT system.
7.3 The customer is responsible for compliance with retention periods and requirements under
commercial and tax law.
8. Granting of rights
8.1 The content stored by the customer on the storage space designated for them may be protected by
copyright and data protection laws. The customer grants the provider and any subcontractor they may
commission (see clause 8) the right to duplicate the data to be stored by the provider for the
customer, insofar as this is necessary for the provision of the services owed under this contract.
The provider is also entitled to make changes to the structure of the data or the data format in
order to eliminate disruptions. The customer checks in their own responsibility whether the use of
personal data by them meets data protection requirements.
8.2 The customer is not entitled to allow third parties to use the provider's services. A third
party is not someone who uses the services on behalf of the customer free of charge, such as the
customer's employees, freelancers within the scope of the contractual relationship, etc.
9. Subcontractors
9.1 The provider is entitled to transfer the services subject to the contract, in whole or in part,
to one or more subcontractors. Upon request, the provider will inform the customer comprehensively
about the subcontractors, in particular about the technical, organizational and operational
capabilities of the subcontractors.
9.2 The contractual agreements with the subcontractors are to be designed in such a way that they
meet the legal and contractually agreed requirements, in particular with regard to copyright and
data protection as well as data security, which exist between the parties. In this regard, the
provider ensures in particular that the regulations set out in the order data processing annex also
apply in relation to the subcontractors (see agreement on order data processing).
9.3 The use of subcontractors does not relieve the provider of the responsibility for fulfilling the
obligations from the contract and these general terms and conditions.
10. E-Mail Support
Unless otherwise agreed, the provider provides the customer with email support for technical
questions. The email support is solely for assisting the customer in using the services owed by the
provider under this contract. Customer inquiries to the email support are processed in the order
they are received.
11. Remuneration
11.1 The customer must raise objections to the billing of the services provided by the provider in
writing at the place indicated on the invoice within two weeks of receipt of the invoice. After the
expiry of the aforementioned period, the billing is considered approved by the customer.
11.2 The provider is entitled to change the price list underlying its services. The provider will
inform the customer of changes in the price list at least four weeks before the changes come into
effect in text form. If the customer does not agree with the change in the price list, he can
extraordinarily terminate the contractual relationship at the time of the intended effectiveness of
the change in the price list. The termination requires the text form. If the customer does not
terminate the contractual relationship at the time of the price change becoming effective, the price
change is considered approved by him. The provider will particularly point out to the customer the
intended meaning of his behavior with the notification of the price change.
11.3 The provision of services by the provider is dependent on the customer meeting his payment
obligations on time. If the customer is in default of payment, the provider is entitled to
temporarily block the customer's access within the framework of his right of retention. During the
blocking, the customer cannot continue to use the software. The block will be immediately lifted by
the provider as soon as the customer has fully met his payment obligation.
11.4 If the customer is in default of payment for two consecutive months with a not insignificant
part of the owed remuneration, the provider - without prejudice to his right of retention - can
terminate the contractual relationship for an important reason without observing a notice period.
12. Contract term
12.1 The contract term is based on the payment period chosen by the customer and
automatically extends by the corresponding duration at its expiry, if the contract
was not previously terminated in due time by any contract partner. A termination by the customer or
the provider is possible at any time without giving reasons at the end of the current month.
12.2 The right to terminate for important reason remains unaffected.
12.3 Any termination requires the text form.
12.4 In case of excessive strain on the system by the customer, the provider is entitled to
terminate the contract
without notice. An excessive strain is particularly present if the customer uses
the software in a way that endangers the security, integrity or availability of the software or
the provider's servers.
13. Warranty, Maintenance, Changes
13.1 The provider guarantees that the software fulfills the functions described in the accompanying
documentation, provided the software is used on the operating system described in the
contract.
13.2 The prerequisite for troubleshooting is that – the customer sufficiently describes the error in
an error message and this is determinable for the provider; – the customer provides the provider
with all documents necessary for troubleshooting; – the customer or a third party attributable to
him has not made any interventions in the software; – the software is operated under the intended
operating conditions in accordance with the documentation.
13.3 In the case of a warranty, improvement always takes precedence over price reduction or
conversion. In the event of a justified complaint, the defects will be remedied within a reasonable
period of time, with the customer enabling the provider to take all measures necessary for
examination and defect rectification. The presumption of defectiveness according to § 924 ABGB is
excluded.
13.4 Corrections and additions that prove necessary due to organizational and programmatic defects,
which are the responsibility of the provider, until the agreed service is handed over, are carried
out free of charge by the provider.
13.5 Costs for assistance, misdiagnosis as well as error and fault elimination, which are the
responsibility of the customer, as well as other corrections, changes and additions are carried out
by the provider for a fee. This also applies to the elimination of defects if program changes,
additions or other interventions have been made by the customer himself or by third parties.
13.6 Furthermore, the provider assumes no liability for errors, malfunctions or damages that are due
to improper operation, changed operating system components, interfaces and parameters, use of
unsuitable organizational resources and data carriers, insofar as such are prescribed, abnormal
operating conditions (in particular deviations from the installation and storage conditions) and
transport damage.
13.7 For programs that are subsequently changed by the customer's own programmers or third parties,
any warranty by the provider is excluded.
13.8 If the subject of the order is the modification or addition of existing programs, the warranty
refers to the modification or addition. The warranty for the original program does not revive as a
result.
13.9 Warranty claims expire six (6) months after delivery.
13.10 The provider is not liable for any damages or consequential damages that have directly or
indirectly arisen from incorrectly interpreted data or data incorrectly created by software
errors.
13.11 The provider assumes no liability for the topicality, correctness, completeness or quality of
the information provided. Liability claims against the provider, which relate to material or
immaterial damage caused by the use or non-use of the information provided or by the use of
incorrect and incomplete information, are fundamentally excluded, unless the provider can be proven
to have acted intentionally or grossly negligently. All offers are subject to change and
non-binding. The provider expressly reserves the right to change, supplement, delete parts of the
pages or the entire offer without separate announcement, or to cease publication temporarily or
permanently.
14. Change of contract terms
Unless already specifically regulated elsewhere, the provider is entitled to change or supplement
these contract conditions as follows. The provider will announce the changes or additions to the
customer in text form at least four weeks before they become effective. If the customer does not
agree with the changes or additions to the contract conditions, he can object to the changes with a
notice period of one week at the time of the intended effectiveness of the changes or additions. The
objection requires the text form. If the customer does not object, the changes or additions to the
contract conditions are considered approved by him. The provider will particularly point out to the
customer the intended meaning of his behavior with the notification of the changes or additions to
the contract conditions.
15. Final Provisions
15.1 The assignment of claims is only permissible with the prior written consent of the other
contractual party. Consent must not be unreasonably withheld.
15.2 A right of retention can only be asserted due to counterclaims from the respective contractual
relationship.
15.3 The contractual parties can only offset claims that have been legally established or
are undisputed.
15.4 All changes, additions and terminations of contractual agreements require
written form, as does the cancellation of the requirement for written form, unless these General
Terms and Conditions provide for text form.
15.5 Should individual provisions of the party agreements be or become wholly or partially
ineffective,
this does not affect the validity of the remaining provisions. In this case, the parties
commit to replacing the invalid provision with a valid provision that comes as close as possible to
the economic purpose of the invalid provision.
The same applies to any gaps in the agreements.
15.6 The law of the Republic of Austria applies, excluding the UN Sales Law.
15.7 The place of jurisdiction is Graz, Austria.
Privacy Notice for
www.backupmonitor.io
General
Change of Privacy Policy
Data collection and storage
When you access our website, a connection is established with our server, and the access paths of the pages, the time of connection establishment, and your current IP address are recorded and stored to ward off disruptions and problems. During your visit to our website, data ("cookies") may be stored on your computer to facilitate your use of our services. We do not use this data to identify you or to contact you.
The emails sent to the system are stored on our server. The emails are not passed on to third parties. The emails are permanently stored by the provider for analysis and support purposes.
Personal data and their purposes of use
Personal data is collected and stored exclusively within the framework of legal regulations. We store and use your personal data (name, address, email address, bank details, etc.) to process your orders and any returns, for individual product support and, if desired, for our newsletters and product information.
We do not pass on your personal data to third parties. Exceptions to this are our service partners who need your data to process orders, such as parcel and letter deliverers, letter printing companies, and our banks (for direct debit collection). Your data is only passed on to third parties if and to the extent that it is legally permissible or necessary to assert and enforce our rights and claims.
Use of Cookies and Similar Technologies
We use cookies and similar technologies to make our services more user-friendly and to offer our customers a more intuitive, tailored experience. Cookies are text files that contain data from visited websites and are stored by a browser on the user's computer. A cookie primarily serves to store information about a user during or after his visit within an online offer. The stored information can include, for example, the language settings on a website, the login status, a shopping cart, or the point at which a video was watched.
Some cookies are technically necessary because certain website functions would not work without them (e.g., the shopping cart function or language settings). Other cookies are used to evaluate user behavior or display advertising.
The following types of cookies and functions can be used:
• Temporary cookies (also: session cookies): Temporary cookies are deleted at the latest after a user has left an online offer and closed his browser. The purpose of these cookies is to identify your computer during a visit to our websites and to be able to determine the end of your visit.
• Permanent cookies: Permanent cookies remain stored even after the browser is closed. For example, the login status can be saved or preferred content can be displayed directly when the user visits a website again. Likewise, the interests of users used for reach measurement or marketing purposes can be stored in such a cookie. In addition, we also use permanent cookies to recognize returning visitors even after a long time and to be able to offer needs-based information about our products and services.
• First-party cookies: First-party cookies are set by us.
• Third-party cookies (also: third-party cookies): Third-party cookies are mainly used by advertisers (so-called third parties) to process user information.
• Necessary (also: essential or absolutely necessary) cookies: Cookies can be absolutely necessary for the operation of a website (e.g., to save logins, a shopping cart, or other user inputs and to detect security risks).
• Pixels: A pixel is a transparent graphic consisting of one pixel that is embedded in a website or message. It is mostly used to track whether the corresponding website or message has been accessed or opened.
• Statistics, marketing, and personalization cookies: Furthermore, cookies are usually also used in the context of reach measurement and when the interests of a user or his behavior (e.g., viewing certain content, using functions, etc.) are stored on individual websites. Standard information is collected that your browser sends to our website, such as browser type, access times, or the address of the website that referred you to our websites. If you enter personal data on our websites and give us your explicit consent, we will use this data to provide you with targeted, personalized information about our products and services. Of course, you can also revoke your consent at any time with effect for the future, as described in more detail below. This procedure is also known as "tracking", i.e., tracking the potential interests of users. If we use cookies or "tracking" technologies, we will inform you separately in our privacy policy or when obtaining consent.
Legal Basis
The legal basis for the processing of personal data using technically necessary cookies is Art. 6 Para. 1 lit. f GDPR.
The legal basis for the processing of personal data using cookies for analysis purposes is, if the user has given their consent, Art. 6 Para. 1 lit. a GDPR.
International Data Transfer
Some technologies may also be integrated by companies based in the USA (e.g., Google). If these tools are active, personal data (e.g., your IP address) can be passed on to US servers of the respective companies, which is associated with corresponding risks, e.g., data access for control and surveillance purposes by US authorities. In such cases, the processing is carried out in accordance with Art. 44 GDPR and on the basis of suitable guarantees (e.g., encryption or standard contractual clauses in the respective contracts).
Duration of Storage
As a user, you have full control over the use of cookies. By changing the settings in your internet browser, you can deactivate or restrict the transmission of cookies. Cookies that have already been saved can be deleted at any time. This can also be done automatically. If cookies are deactivated for our website, it may not be possible to use all functions of the website to their full extent. The technically necessary cookies are usually deleted when the browser is closed.
Cookie Consent and Objection
For technically unnecessary cookies, we ask for your consent before activation.
Integration of Services and Content from Third Parties
It can happen that content from third parties, such as videos from YouTube, map material from Google Maps, RSS feeds, or graphics from other websites, are integrated within this online offer. This always presupposes that the providers of this content (hereinafter referred to as "third-party providers") perceive the IP address of the users. Because without the IP address, they could not send the content to the browser of the respective user. The IP address is therefore necessary for the display of this content. We strive to use only those contents whose respective providers use the IP address solely for the delivery of the contents. However, we have no influence if the third-party providers store the IP address e.g., for statistical purposes.
Information Regarding Transparency and Your Rights
Legal Bases for Processing Your Personal Data
The legality of processing your personal data by our company is essentially based on the necessity to fulfill a contract (Article 6 Paragraph 1 lit. b GDPR),
as is the case, for example, with processing operations that are necessary for the delivery of goods or the provision of any other service or consideration. The same applies to such processing operations that are necessary to carry out pre-contractual measures, for example in cases of inquiries about our products or services.
Our company is subject to legal obligations by which processing of personal data becomes necessary, such as for the fulfillment of tax obligations.
In addition, we rely on explicit consents (Article 6 Paragraph 1 lit. a GDPR) to the processing of personal data concerning you, which you give us through voluntary declarations.
If a balance of interests according to Article 6 Paragraph 1 lit. f GDPR results in our legitimate interests outweighing your rights to protect your personal data, processing can take place on this legal basis. A legitimate interest can, for example, lie in the purpose of direct advertising according to Recital 47 of the GDPR. Thus, our legitimate interest regularly outweighs the processing of your data for postal advertising and the processing of your data for a possibly necessary address comparison in advance.
Right to Information, Correction, Deletion, Restriction of Processing
You can request information about your data stored with us or correction, blocking, and deletion of your stored data and their processing at any time free of charge. If legal, contractual, or commercial or tax-related retention periods or other legally anchored reasons oppose deletion, your data will not be deleted, but will be blocked instead.
Right to Withdrawal
You have the right to object at any time to the processing of personal data concerning you. We will no longer process the personal data in the event of an objection, unless we can demonstrate compelling reasons for the processing that outweigh your interests, rights and freedoms, or the processing serves to assert, exercise or defend legal claims.
This right includes your right to withdraw a data protection consent that you have given us for processing.
Right to Data Portability
You have the right to receive the personal data concerning you, which you have provided to us and whose processing is based on consent or a contract and is carried out using automated processes, in a structured, common and machine-readable format.
Insofar as this is technically feasible and provided that this does not affect the rights and freedoms of other people, you can arrange for the personal data to be transferred directly from us to another responsible party.
Duration of Storage of Personal Data
The deletion of the data takes place within the framework of the legal retention obligations and periods, taking into account the purpose limitation. The commercial or tax-effective data of a completed financial year are deleted in accordance with legal regulations after ten or seven years, unless longer retention periods are prescribed or necessary for legitimate reasons. Shorter deletion periods are applied in special areas (e.g., in the case of longer inactivity on your part). If data are not affected by this, they are deleted when the aforementioned purposes cease to exist.
Right to Complain to a Supervisory Authority
If you believe that the processing of personal data concerning you violates applicable data protection law, you can exercise the right to complain to a supervisory authority.
Necessity of Collecting Your Personal Data
We inform you that the provision of personal data is partly legally required (e.g., tax regulations) or can also result from contractual regulations (e.g., information about the contract partner). Usually, it is necessary for a contract conclusion that you provide us with personal data, which is subsequently processed by us. Failure to provide personal data would mean that the contract with you could not be concluded.
Disclaimer
Content of the Online Offer
The author assumes no responsibility for the topicality, correctness, completeness, or quality of the information provided. Liability claims against the author, which refer to material or immaterial damage caused by the use or non-use of the information provided or by the use of incorrect and incomplete information, are generally excluded, unless there is evidence of intentional or gross negligence on the part of the author. All offers are non-binding and without obligation. The author expressly reserves the right to change, supplement, delete parts of the pages or the entire offer without separate announcement, or to cease publication temporarily or permanently.
References and Links
In the case of direct or indirect references to external websites ("hyperlinks") that are outside the author's area of responsibility, a liability obligation would only come into force if the author is aware of the content and it would be technically possible and reasonable for him to prevent use in the event of illegal content. The author hereby expressly declares that at the time the links were set, no illegal content was discernible on the pages to be linked. The author has no influence on the current and future design, content, or authorship of the linked/connected pages. Therefore, he hereby expressly distances himself from all contents of all linked /connected pages that were changed after the link was set. This statement applies to all links and references set within the author's own Internet offer, as well as to external entries in guest books, discussion forums, link directories, mailing lists, and all other forms of databases set up by the author, to which external writing access is possible. For illegal, incorrect, or incomplete content and especially for damages resulting from the use or non-use of such information, only the provider of the page to which reference was made is liable, not the one who merely refers to the respective publication via links.
Copyright and Trademark Law
The author strives to observe the copyrights of the used images, graphics, sound documents, video sequences, and texts in all publications, to use images, graphics, sound documents, video sequences, and texts created by him, or to resort to license-free graphics, sound documents, video sequences, and texts. All brands and trademarks mentioned within the Internet offer and possibly protected by third parties are subject without restriction to the provisions of the applicable trademark law and the ownership rights of the respective registered owners. Just because of the mere mention is not to conclude that trademarks are not protected by rights of third parties! The copyright for published objects created by the author remains solely with the author of the pages. A reproduction or use of such graphics, sound documents, video sequences, and texts in other electronic or printed publications is not permitted without the express consent of the author.
Data Protection
If there is the possibility within the internet offer to enter personal or business data (email addresses, names, addresses), the disclosure of this data by the user is expressly voluntary. The use and payment of all offered services is - as far as technically possible and reasonable - also allowed without providing such data or by providing anonymized data or a pseudonym. The use of contact data published in the imprint or comparable information such as postal addresses, telephone and fax numbers, and email addresses by third parties for sending unsolicited information is not permitted. Legal action against the senders of so-called spam mails in violation of this prohibition is expressly reserved.
Legal Validity
This disclaimer is to be regarded as part of the internet publication from which you were referred to this page. If sections or individual terms of this statement are not legal or correct, the content or validity of the other parts remain uninfluenced by this fact.