General terms and conditions (Terms) of EIBIR gemeinnützige GmbH zur Förderung der Erforschung der biomedizinischen Bildgebung (EIBIR), as per February 2016
1.1 The Terms shall cover all procedures and transactions between EIBIR and its customers, including all future transactions. The version valid at the time the contract or service agreement is concluded shall be applicable.
1.2 The Customer’s general terms and conditions shall be invalid unless explicitly accepted by EIBIR in writing, by letter or email.
1.3 If any provision of these Terms is, or becomes, invalid, the other provisions and any contracts or service agreements concluded pursuant to these provisions shall not be affected thereby. The invalid provision shall be replaced by a provision which best corresponds to the intention and economic purpose of the invalid provision.
2. Service conditions
2.1 Network Services Packages and Industry Service Packages are annual service agreements which entitle the Customer to usage of EIBIR’s services until the end of the calendar year in which the Service Package was purchased.
2.2 Network Service Packages or Industry Service Packages purchased between October 1st and December 31st include access to services provided by EIBIR as part of the purchased Service Package for the following calendar year.
2.3 Network Service Packages and Industry Service Packages will be automatically renewed for the following calendar year, unless the Customer provides a written notice of termination, by letter or email, to EIBIR before June 30st of the current year.
2.4. Customers who have not settled their Network Service Package or Industry Service Package by 1st July of the current year are no longer entitled to benefit from relevant services until receipt of payment by EIBIR.
3. Conclusion of contract or service agreement
3.1 Offers by EIBIR are binding and are not subject to amendment and alterations.
3.2 Orders by the Customer have to be issued in writing, by letter or email, or via the automated form on the EIBIR website (https://www.eibir.org). Oral orders, or orders made via telephone, require a confirmation in writing by the Customer.
3.3 The Customer’s orders are subject to confirmation of acceptance by EIBIR. Such acceptance will be issued in writing, by email.
4.1 EIBIR is entitled to request payments in advance from the Customer.
4.2 Invoices issued by EIBIR shall become due for payment within fourteen (14) days after the date of invoice.
4.3 EIBIR shall be entitled to transmit invoices electronically. The Customer agrees explicitly to accept invoices transmitted electronically by EIBIR.
4.4 In case of delayed payment, the Customer shall be subject to default interest applicable between business undertakings according to section 352 of the Austrian Commercial Code (Unternehmensgesetzbuch), with a minimum amount of twelve percent (12%) per annum.
4.5 In case of delayed payment, EIBIR is entitled to set a grace period of seven (7) days and to declare withdrawal from the contract or service arrangement in case no payment has been effected until the end of the grace period.
5. Warranty and liability
5.1 EIBIR shall render its services with the care of a diligent businessperson.
5.2 In case of EIBIR providing advertising, publishing or dissemination services, the Customer shall be responsible for the content of said service. EIBIR is under no obligation to examine the content provided by the Customer. In case of EIBIR being held liable due to unlawful content, the Customer shall indemnify EIBIR.
5.3 Defaults in the services of EIBIR are to be detailed in writing, by letter or email, within fourteen (14) days after its recognisability. Otherwise, the Customer shall not be entitled to make any claims under warranty, liability or misapprehension with regard to the services being free from default.
5.4 The default of any services rendered by EIBIR always has to be proven by the Customer.
5.5 Any claims resulting from the default of services rendered by EIBIR shall become time-barred after a period of six (6) months.
5.6 EIBIR shall not be liable for any damages caused by negligence.
5.7 EIBIR does not assume responsibility for the scientific content of project proposals.
5.8 EIBIR does not assume responsibility for possible rejection of project proposals.
6. Confidentiality and data protection
6.1 EIBIR shall be obligated to maintain complete confidentiality concerning all business matters made known to EIBIR.
6.2 EIBIR shall be entitled to use any personal data entrusted to EIBIR for the purposes of the services performed.
7. Set-off and remuneration
7.1 The Customer shall not be entitled to set-off with claims against EIBIR unless such claims were explicitly accepted by EIBIR or finally assessed by a court of law.
7.2 In the event that the work agreed upon is not completed due to reasons on part of the Customer, EIBIR shall be entitled to claim payment in full of the remuneration agreed upon, less expenses not incurred.
8.1 Any amendment of a contract or service arrangement has to be effected in writing, by letter or email, in order to become valid.
8.2 Place of venue and place or performance shall be Vienna, Austria.
8.3 All contracts, service arrangements and agreements entered into with EIBIR shall be governed by Austrian law.