Terms of Service
General terms and conditions
1. Definitions
1.1 WOCODEA means the WOCODEA GmbH, Gertrude Fröhlich-Sandner-Straße 2-4, Resco-work05 A- 110 0 Vienna, FN 531122m Commercial Register of the Commercial Court Vienna VAT identification. No. ATU75390907. WOCODEA offers an online portal for targeted contact with new customers for registered companies.
1.2 Terms and Conditions means the general terms and conditions.
1.3 Contract partner means all companies that enter into a business relationship with WOCODEA.
1.4 WOCODEA platform means those website, which of WOCODEA w operated ill and what WOCODEA the product team ABO sold to the contractor. The German, Swedish and English language platform is available at https://wocodea.com.
1.5 Singleuser- subscription means the App variant intended for freelancers and one-person companies. With this variant, the subscription and the monthly fees are billed online via the Apple Inc. app store [iTunes] or Google LLC [Google Play Store] using the payment data provided by the contractual partner. The first three recommendations are free. From the fourth recommendation, the customer must complete the single user subscription via the app store before accessing the recommendation.
1.6 Team subscription means the app variant that is available for more than one user (e.g. small and medium-sized companies). With this variant, billing takes place directly via WOCODEA. The minimum contract term is 12 months. With this variant, the fees will be billed monthly. With this variant, there is no free trial subscription.
2. Validity of GENERAL Conditions
2.1 The present terms and conditions apply to all future and current legal transactions between the contractual partner and WOCODEA. Terms and conditions of the contractual partner that deviate from or supplement these GTC only apply with the express written consent of WOCODEA.
2.2 If WOCODEA should in future also conclude business transactions with consumers within the meaning of Section 1 of the Consumer Protection Act, these General Terms and Conditions apply with the deviations regulated for consumer transactions.
2.3 The terms and conditions at the business premises of WOCODEA and are on the platform https://wocodea.com both for ur view, and kept ready for download.
2.4 A contract between WOCODEA and the other party is only by written runs ragsbestätigung of WOCODEA and an advance registration sets of each customer through the platform https://wocodea.com or smartphone application requires. At d he registering the Conditions must be explicitly recognized.
2.5 WOCODEA can change the terms and conditions with one month's notice if no main performance obligations and other regulations that are decisive for the contractual partner (e.g. the notice period) are changed to the disadvantage of the contractual partner and the change is reasonable for the contractual partner. The contractual partner will be informed of a change in the terms and conditions in writing or by email. If the contractual partner does not object within one month in writing or by e-mail, is the change in the Conditions of treaty e s with WOCODEA.
2.6 All correspondence between the contractor and WOCODEA has either written about in these terms address given by WOCODEA or by email address hello@wocodea.com be made.
3. Product information
3.1 The products sold by WOCODEA are to be divided into two main groups as shown in points 1.5 and 1.6. This is on the one hand the single user subscription and on the other hand the team subscription.
3.2 The goal of all of WOCODEA products offered is, the contractual partner to help new customer fields to open up, in which the other party from existing customers of the contractor on the WOCODEA - platform to potential new customers is recommended.
4. Conclusion of contract
4.1 Single user subscription
The provisions concerning the contract for the single user ABO depend on the in App Store of Apple Inc. [iTunes] or Google LLC [Google Play Store] applicable terms and conditions.
4.2 Team subscription
4.2.1 With the completion of the ordering process, the contractual partner submits a binding offer to conclude a purchase contract. When ordering via the WOCODEA platform, this is done by going through the intended ordering steps, which are divided into the following steps:
a) Registration on the WOCODEA - platform;
b) Confirm the ordering process by clicking the button to pay now / now register in the last step of the ordering process.
c) or the binding sending the order, the contractor may his control data and correct mistakes or cancel by closing the Internet browser the ordering process.
4.3 The contractual relationship between WOCODEA and the other party concluded with the acceptance of the offer ( see section 4.2.1 ) by WOCODEA, by means of confirmation, about. This confirmation is the contracting party after receipt of the order immediately dur ch an automatically generated e -mail transmitted. The order confirmation contains the Bes telldaten the contracting party and the terms and conditions of WOCODEA.
4.4 The contractual partner must check the content of the order confirmation. The contracting party is obliged to deviations of those he made order to be reported immediately in writing. Otherwise, the transaction comes to that of WOCODEA confirmed contents, due to use of the product s from WOCODEA, about.
4.5 The contractual partner can view the exact scope of the services offered by WOCODEA at any time on the WOCODEA platform. The contractual partner can also view the content of his contract in his user account on the WOCODEA platform.
4.6 WOCODEA is entitled to reject an ABO order without giving reasons.
5. Withdrawal from the contract
5.1 If the contractual partner is a consumer, he has the right to withdraw from a contract concluded with WOCODEA within 14 days without giving any reason. The period begins with the completion of the ordering process on one of the WOCODEA platforms.
5.2 This right of withdrawal of the contracting partner does not apply if the contracting partner uses the service offered by WOCODEA before the expiry of the withdrawal period and expressly agrees to it and acknowledges that he is waiving his right of withdrawal before the withdrawal period has expired.
6. Contract duration
6.1 Single user subscription
The contract duration, K ündigungsfrist and termination dates for the single user ABO depend on the in App Store of Apple Inc. [iTunes] or Google LLC [Google Play Store] applicable terms and conditions.
6.2 Team SUBSCRIPTION
6.2.1 The minimum contract period for the team subscription is 12 months. After a period of 12 months, the contractual relationship can be terminated by both parties at any time with three months' notice at the end of the month.
6.2.2 WOCODEA is entitled to prematurely terminate the contractual relationship before the end of the 12 months for an important reason. In any case, an important reason is a qualified payment arrears by the contractual partner with two consecutive monthly fees.
7. Warranty
7.1 The agreed services of WOCODEA are performed in accordance with the WOCODEA product on which the order confirmation is based. Minor deviations from the scope of services on which the offer or the order confirmation are based, which do not affect the intended use, are irrelevant and are deemed approved in advance. WOCODEA expressly reserves the right to make changes and / or improvements to the agreed services based on new experiences.
7.2 All content contained in the booked product was created with the appropriate specialist knowledge and care, to the best of WOCODEA's knowledge and belief, and is continuously updated.
7.3 WOCODEA always endeavors to take into account any changes that are based on changes in market conditions and to adapt the services offered accordingly within a reasonable period of time. A guarantee for the adaptation of the offered services takes WOCODEA not against the contracting partner.
7.4 The contracting party is aware that it temporarily disrupted the availability of due to the technical characteristics of the digital computer technology and the Internet WOCODEA offered services can come. Liability of WOCODEA for such disruptions to the availability of services is expressly excluded. In the event of technical malfunctions, WOCODEA will restore availability as quickly as possible in accordance with technical and human resources. If the restoration does not take place within a reasonable time, the contractual partner is entitled to withdraw from the contract with WOCODEA by setting a reasonable grace period. The services provided up to that point by WOCODEA are to be paid proportionately by the contract partner.
7.5 service delays due to force majeure and due to events, the WOCODEA the provision of performance significantly more difficult or impossible, has WOCODEA not responsible. Liability for resulting damage is expressly excluded.
7.6 In the event of justified defects in the product, WOCODEA is entitled to correct the defect within a reasonable period of its choice. Several improvements are permitted. In the event of timely improvement, claims of the contractual partner going beyond the improvement, such as cancellation of the contract (change) or price reduction, are expressly excluded.
7.7 The contractual partner must ensure that a customary operating system for using the account is installed on the contractual partner's device. The contractual partner has to ensure the connection at his own cost and risk. The contractual partner undertakes to keep the security standards of its infrastructure up to date with the latest technology.
7.8 In the case of consumer transactions, the aforementioned provisions apply insofar as they do not contradict the statutory warranty provisions that are mandatory for consumers.
8. Liability
8.1 WOCODEA and their legal representatives and agents -like n exclusively for the replacement of foreseeable damages caused grossly negligently or intentionally were. In the event of gross negligence, liability is limited to the amount of the order. Liability for damage caused by slight negligence is expressly excluded.
8.2 WOCODEA is not liable for indirect damage, lost profit, loss of interest, omitted savings, consequential and mere financial loss and damage from claims by third parties.
9. Prices, terms of payment and late payment
9.1 Single user subscription
9.1.1 Payment processing for the single user subscription takes place directly with the operator of the app shop via the user account.
9.1.2 As soon as the contractual partner has confirmed the purchase of the app in the shop, the user account in the shop will be debited with the corresponding amount. In the case of in-app subscriptions, the iTunes account of the contract partner is charged after confirmation of the single user subscription within the app.
9.1.3 A refund of work done in the App Store from Apple Inc. [iTunes] or Google LLC [Google Play Store] n payments from WOCODEA is excluded. In this respect, the general terms and conditions / terms of use of the store providers apply.
9.1.4 A 14 - day right of withdrawal applies to consumers. This right of withdrawal is to be exercised exclusively by the store providers. In this respect, the general terms and conditions / terms of use of the store providers apply.
9.1.5 The prices are determined according to the information in the app stores and the general terms and conditions valid in the app stores. The prices stated in the app stores include VAT and other price components.
9.2 Team subscription
9.2.1 The on WOCODEA platform stated prices are net prices and are plus statutory VAT to the contractor billed.
9.2.2 The monthly fees are paid via the WOCODEA platform.
9.2.3 In case of default WOCODEA is entitled to:
- For businesses: to charge default interest according to § 456 UGB. WOCODEA is free to assert any additional damage separately.
- For consumer transactions: On their choice 4% replacement of the actual damage or statutory default interest at a rate pa to charge.
- Reminder, collection and attorney fees insofar as they are necessary for the appropriate legal prosecution. In the case of business transactions, without prejudice to any other debt enforcement costs (within the meaning of section 1333 (2 ) ABGB ), this includes a lump sum of EUR 40.
- Total rising payments against reminder and collection costs, and costs of a lawyer or judicial recovery, then the accrued default interest and finally against the outstanding capital.
- To make urther goods and services by advance payments or collateral dependent. In these cases, WOCODEA is entitled to demand compensation for non-performance or to withdraw from the contract without prejudice to any claims for compensation.
- In case of several outstanding liabilities of the contractor which arrive cash remittances from private to devote.
- the contractual relationship in accordance with point 6.2.2 for an important reason.
9.3 The contractual partner is not entitled to offset alleged counterclaims, even if they are raised on the basis of complaints, with claims from WOCODEA or to refuse payment, unless they have been legally established. The ban on offsetting and the exclusion of the right of retention do not apply to consumer transactions.
10. Place of performance, place of jurisdiction, applicable law, partial nullity
10.1 The place of performance for all services from contractual relationships with WOCODEA is the WOCODEA headquarters in Vienna.
10.2 For all disputes arising from this contract, the jurisdiction of the relevant ordinary court in Vienna is expressly agreed in accordance with § 104 JN.
10.3 The use of Austrian law is expressly agreed between the contracting parties - with the exclusion of the reference norms of international private law (e.g. IPRG, Rome I-VO) and the United Nations Convention on Contracts for the International Sale of Goods. This choice of law only applies to a consumer insofar as it does not restrict any mandatory statutory provisions of the state in which he is domiciled or habitually resident.
10.4 Should provisions of these General Terms and Conditions be legally ineffective, invalid and / or void or become in the course of their duration, this does not affect the legal validity and the validity of the remaining provisions. In this case, the legally ineffective, invalid and / or void (legally ineffective, invalid and / or void) provision is to be replaced by one that is legally effective and valid and in its economic effect of the replaced provision - as far as possible and legally permissible - corresponds.
11. Consent
11.1 The data related to the business relationship (in particular name, address, telephone and fax numbers, e-mail addresses, billing address, payment and dunning data) are electronically stored and processed by WOCODEA. This data will not be disclosed to third parties. WOCODEA will take all reasonable and reasonable measures to protect the stored data.
11.2 A claim by the contractual partner is excluded in the event that a third party obtains the data in an illegal manner despite adequate protective measures by WOCODEA.
11.3 The contractual partner hereby agrees that photos and videos made by the contractual partner can be used by WOCODEA for the following advertising purposes:
- publication on the WOCODEA - site https://wocodea.com;
- Publication on WOCODEA social media accounts, such as B. the Facebook page or Instagram account;
- publishing on print advertising media n ( "Flyer").
WOCODEA undertakes to publish the photos and videos without the contractual partner's personal data (name, address, etc.).
11.4 The consent can be withdrawn at any time. A revocation must be sent by email to the address mentioned under 2.6.