of
Digital Solutions Marco Kriegner
Dr.-Scheiber-Strasse 51, 4870 Vöcklamarkt, Austria

SECTION I - Terms of Service
SECTION II - Revocation Policy

SECTION I
Terms of Service

Scope

The following terms and conditions shall apply to all offers, orders, sales, services and deliveries, unless otherwise agreed in writing or statutory circumstances conflict with them. Possible counter-confirmations of conditions of the client are expressly contradicted, unless these are confirmed by us.

Formation of a Legal Transaction

Orders are only binding if they are confirmed by us in writing, irrespective of the initiation or the general manner in which the order came about. We carry out all orders on the basis of the information, data and/or files provided by the customer and after written approval by the customer.

Rights of Disposal

For the production of physical or digital products as well as the provision of services with individual texts, images, video, audio data or other methods that are suitable for the presentation or reproduction of material that is protected by copyright, trademark or other protection rights, the client declares that he/she has the rights to the data submitted by him/her that are necessary for the production, presentation or reproduction, these are in particular reproduction rights, rights of reproduction, as well as that he/she is not committing any infringement of trademark protection rights, data protection rights, copyrights or other protection rights. The liability and responsibility for this shall be borne exclusively by the client.
In case of internet forwarding services, API interfaces and other technical connections to systems and infrastructures of third parties, the client declares to have the necessary rights and consents required for set-up and operation. The liability and responsibility for this shall be borne exclusively by the client.

Contract Language

The contract language is German, unless all parties agreed to use another language.

Conditions of Execution and Delivery

The place of execution is the registered office of our company in 4870 Vöcklamarkt. Any delivery and/or assembly shall be made to the agreed address(es) in the course of the commissioning. The client undertakes to provide an address at which he can be reached during the day or at possible separately agreed times. The costs of deliveries and journeys which are returned due to non-arrival of the recipient shall be charged to the client.
If requirements have been communicated in advance and we discover during the attempt to fulfil the order that these have not been fulfilled, have not been fulfilled completely, or have been fulfilled incorrectly, possible additional costs and expenses will be charged to the client. The client shall be liable for any resulting fulfilment.

General Data Processing

Please refer to our GDPR notice.

Extended Conditions for the Use of Storage Space

For certain services and products, e.g. the use of a hosting of storage space or the use of our SaaS services, it may be necessary by law to set up an data processing contract; this applies in particular, but not exclusively, to commercial customers. The customer checks the need for an data processing contract itself and requests it from us if there is a need. The responsibility for determining the necessity of an that contract as well as the legal legitimacy of the data and content uploaded to us it at the side of the customer. The customer is also responsible in particular for creating regular backups of his data; we are not liable for failures or loss of data. We support and accompany our customers in questions regarding data protection, data security and the implementation of the General Data Protection Regulation to the best of our knowledge and belief.

Extended Conditions for Web Hosting and Cloud Storage Products

The service begins immediately after completion of the commissioned product. The minimum contract period is 12 complete calendar months. The contract is automatically extended by a further calendar month unless written notice of termination is received within a period of 14 days to the end of the month. The customer is responsible for all types of data backup. Payable annually in advance.

Extended Conditions for Domain Products and Set Products incl. Domain

The service begins immediately after completion of the commissioned product. The minimum contract period is 12 months. The contract is automatically extended by 12 months with a notice period of 2 calendar months to the renewal date. The customer is liable for the lawful use of domain names and their components, in particular, but not exclusively, with regard to trademark protection rights and copyrights. Payable annually in advance.

Extended Conditions for SaaS-Products

Software-as-a-Service products, in short "SaaS products", are provided by us in part or in full for use by/for the customer. Unless otherwise agreed in writing, all rights such as copyrights, property rights or rights of use shall remain with us during and after the commissioned performance period.

Deviations and Dupplementary Agreements

Deviations from these Terms of Service, in particular the omission, amendment or addition of a component, must be made in writing.

Warranty, Guarantee, Compensation

All products and services were/are developed, provided, maintained, further developed and tested with due care and expertise. The complete exclusion of sources of error, in particular of hardware and software components, is technically not possible. Improvements are to be carried out exclusively by us; if we were not granted the possibility of an improvement, this does not entitle the customer to compensation for any improvement costs.
The statutory warranty provisions shall apply. No independent warranty is granted. Possible manufacturer's guarantees are excluded from this.
No liability shall be assumed for damages resulting from slight negligence. In the event of gross negligence, we shall be liable for damages up to twice the amount of money paid by the customer for the respective performance period. Claims for damages cover only the pure rectification of defects and/or damage, but not further consequential damages and loss of profit. No liability is assumed for damages from the sphere of the customer.
In the event of technical defects, manipulation by third parties ("hacker attacks") and failures, damage and consequential damage caused by force majeure, both directly and indirectly, we shall not be held liable. We will ensure smooth operation as quickly as possible in accordance with the state of the art and within the framework and possibilities available to us.
All claims for damages must be asserted in court within six months of knowledge. The absolute limitation period is 3 years.

Indication of Dispute Resolution

Private customers have the option of submitting complaints to the EU's online dispute resolution platform, which can be accessed at ec.europa.eu/odr. We are under no obligation to participate in the aforementioned dispute resolution platform.

Applicable Law

All contracts concluded on the basis of these Terms of Service shall be governed exclusively by Austrian law, excluding any possible reference to foreign law. The UN Convention on Contracts for the International Sale of Goods shall not apply.

Place of Jurisdiction

The statutory provisions on jurisdiction or choice of forum shall apply.

Salvatory Clause

If individual or several provisions of these Terms of Service are wholly or partially invalid at the time of the formation of the contract, they shall be replaced by provisions which come as close as possible to the economic purpose of the invalid or impermissible provision; under no circumstances, however, shall this mean that the entire contract or legal transaction is invalid.

SECTION II
Revocation Policy

Information about the right of pevocation for private customers.

Right of Revocation

Private customers have the right to cancel a purchase contract within fourteen days without giving any reason. The revocation period is fourteen days from the day on which you or a third party named by you, who is not the carrier, has or has taken possession of the goods.
In order to exercise your right of revocation you must inform us, Digital Solutions Marco Kriegner, Dr.-Scheiber-Strasse 51, 4870 Vöcklamarkt, Austria, servus@dsmk.at, by means of a clear declaration (e.g. a letter or email sent by mail) of your decision to revocation from a contract. You can use the attached sample form for this purpose, which is, however, not mandatory.
To comply with the cancellation period, it is sufficient that you send the notification of the exercise of the right of cancellation before the end of the cancellation period.
If the consumer/consumer has requested us prior to the conclusion of the contract to begin with the performance of the contract already before the expiry of the revocation period, the right of revocation pursuant to § 18 FAGG shall not apply.

Consequences of Revocation

If you revocate from this contract, we repay you all payments we have received from you, including the delivery costs (with the exception of the additional costs resulting from the fact that you have chosen a type of delivery other than the cheapest standard delivery offered by us), without delay and at the latest within fourteen days from the day on which we received the notification of your withdrawal from this contract. For this repayment, we will use the same means of payment that you used for the original transaction, unless expressly agreed otherwise with you; in no case will you be charged for this repayment.
We may refuse repayment until we have received the goods back or until you have provided proof that you have returned the goods, whichever is the earlier.
You must return or hand over the goods to us immediately and in any case no later than fourteen days from the day on which you notify us of the cancellation of this contract. The deadline is met if you send the goods before the end of the period of fourteen days.
You shall bear the direct costs of returning the goods. We will not accept freight collect shipments.
You only have to pay for any loss in value of the goods if this loss in value is due to handling of the goods that is not necessary for testing the quality, characteristics and functioning of the goods.

Revocation Form

If you wish to revoke a contract, please complete and return this form.

To
Digital Solutions Marco Kriegner
Dr.-Scheiber-Strasse 51
4870 Vöcklamarkt
Austria
www.dsmk.at
servus@dsmk.at
+43.660.1405.236
UID: ATU69711029

I/We (*) hereby revoke the contract concluded by me/us (*) for the purchase of the following goods / the following services (*)

Ordered at (*)/Received at (*) __________________
Order number (optional) __________________
Name of the private consumer/s __________________
Address of the private consumer/s __________________
Date __________________
Signature of the private consumer/s __________________

(*) Delete where inapplicable.

Version: Nov. 11, 2022