1 Scope of application
1.1 These General Terms and Conditions (‘GTC’) form an integral part of the service contract between Geanious Notify GmbH (‘Geanious Notify’) and the Customer and are expressly the basis of the legal or contractual relationship between Geanious Notify and the Customer.
1.2 The version valid at the time of the conclusion of the contract is decisive. Deviations from these, as well as other supplementary agreements with the customer are only effective if they are confirmed in writing by Geanious Notify.
1.3 Any terms and conditions of the customer, even if known, are not accepted, unless otherwise expressly agreed in writing in individual cases. Geanious Notify expressly objects to the Customer's GTC. No further objection to the Customer's GTC by Geanious Notify is required.
1.4 The customer shall be notified of amendments to the GTC and these shall be deemed to have been agreed if the customer does not object to the amended GTC in writing within 14 days; the customer shall be expressly informed of the significance of silence in the notification.
2 Use of the services and website; cancellation without notice
2.1 Any use of the services offered by Geanious Notify or the website is subject to these terms and conditions. The use of these services is only permitted for legal and commercial purposes. In case of violation of this condition, Geanious Notify is entitled to immediate cancellation.
2.2 In the event of gross or repeated violations of the service contract or the GTC by the customer, Geanious Notify is entitled to terminate the service contract immediately without notice. A prior warning is not required and Geanious Notify reserves all further rights against the customer concerned, such as in particular the assertion of further or higher claims for damages.
3 Subject matter of the contract, scope of services, fee, cancellation period
3.1 The subject matter of the contract is the respective contractually agreed service. The type and scope of the contractually agreed service is determined by the package selected by the customer and the service contract subsequently concluded.
3.2 Subsequent changes to the content of the service require written confirmation from Geanious Notify.
3.3 Service contracts are concluded either for a period of 4 weeks or 1 year.
3.4 Service contracts concluded for 4 weeks are automatically extended by a further month if they are not cancelled at least 2 weeks before the end of the contract term.
3.5 Service contracts concluded for 1 year are automatically extended for a further year if they are not cancelled at least 4 weeks before the end of the contract term.
3.6 The fee agreed for the respective service must be paid in advance for the period.
3.7 Payment is due immediately upon receipt of the invoice and without deduction.
3.8 Unless expressly agreed otherwise, all service contracts are concluded for an indefinite period. Geanious Notify and the customer are entitled to terminate this with 1 month's notice to the end of each month.
4 Disclaimer
4.1 Geanious Notify is not liable for the fact that the website geanious-notify.com is always accessible or available at all times. Technical errors and/or maintenance work as well as other causes (e.g. relaunch of the website) may result in the geanious-notify.com website being temporarily unavailable or unavailable for longer periods of time.
4.2 Geanious Notify does not guarantee the accuracy, completeness, legality, objectivity and topicality of the content offered on the geanious-notify.com website.
4.3 Geanious Notify shall only be liable to the customer for damages caused by failure or unavailability or other disruptions to the agreed services/services in the event of gross negligence or intent.
4.4 Furthermore, Geanious Notify is only liable to the corporate customer for damages caused by failure or unavailability or other disruptions of the agreed services/services, only in the case of intent. Furthermore, Geanious Notify is not liable for consequential damages and/or loss of profit in corporate transactions.
4.5 Personal injury is excluded from these regulations.
4.6 In any case, Geanious Notify is only liable for foreseeable and contract-typical damages resulting from a culpable and intentional breach of the main contractual obligations.
4.7 Geanious Notify assumes no liability for the messages sent by the customer or for the content of the messages sent by the customer and has no knowledge of their content.
4.8 Geanious Notify is not liable for linked websites and their content and has no influence whatsoever on the design or modification of the linked websites or on the content offered on them. If hyperlinks from geanious-notify.com refer to third-party content, this does not constitute an evaluation of the linked content. In particular, Geanious Notify accepts no liability whatsoever for the accuracy, completeness, legality and topicality of this content. Access to information accessed via hyperlinks on geanious-notify.com is the sole responsibility of the user.
5 Applicable law and jurisdiction agreement
5.1 This contract and all legal disputes arising from it are subject to Austrian law.
5.2 For all legal disputes arising from this contract, including legal disputes concerning the validity or conclusion of this contract, the competent court at the registered office of Geanious Notify shall have exclusive jurisdiction.
6 Subject to change
6.1 Geanious Notify is authorised to amend these GTC at any time, in particular in the event of changes in legislation or case law. Geanious Notify will announce such changes on the website geanious-notify.com and inform the affected customers at least 4 weeks in advance. The changes shall become effective if the customer does not object to them in writing within 4 weeks of receipt of the notification of change. In the event of an objection, Geanious Notify is entitled to terminate the membership contract with effect from the last day of the month.
7 Data privacy
7.1 The customer agrees that his personal data, namely name/company name, profession, date of birth, company register number, powers of representation, contact person, business address and other addresses of the customer, telephone number, fax number, e-mail address, bank details, credit card details, VAT number) for the purpose of fulfilling the contract and supporting the customer as well as for his own advertising purposes, for example for sending offers, advertising brochures and newsletters (in paper and electronic form), as well as for the purpose of referring to the existing or previous business relationship with the customer (reference). For further information, please refer to the privacy policy (Link).
8 Severability clause
8.1 Should individual provisions of this agreement be or become wholly or partially invalid or unenforceable, this shall not affect the validity of the remaining provisions of the respective individual contract.
Date: 3.12.2024