SaaS contract (Software as a Service) – V1.0
1. subject matter of the contract.
The subject of the contract is the use of the MyBuilding24 service. The contract consists of the individual offer for the client, any price list, the product data sheet in its current version and the General Terms and Conditions of Rei development GmbH.
2. range of functions, system requirements.
The functional scope and system requirements of MyBuilding24 are set out in the enclosed product data sheet, which is updated on an ongoing basis and forms an integral part of this contract in its current version.
3. utilization.
The client is entitled to use the latest version of MyBuilding24 to the extent described in the offer for the duration of the contract after full payment. Transfer of the right of use to third parties is then not permitted.
Rei development GmbH is entitled to monitor compliance with the terms of use by means of technical measures.
4. operation of MyBuilding24.
The server infrastructure and software on which the MyBuilding24 service is based is operated by Rei development GmbH.
The client is always responsible for the client-side infrastructure.
5. rectification of defects.
Rei development GmbH is obliged to rectify defects in the current version of MyBuilding24.
Defects are defined as malfunctions in the operation or use of MyBuilding24 that lead to an actual impairment of the processes and for which no simple workaround is possible.
Minor defects that do not significantly impair the processes are included in the planning for the further development of MyBuilding24 and then incorporated into newer versions of MyBuilding24 in accordance with the development priority set by Rei development GmbH.
In the case of moderate defects that do not only significantly impair the processes, Rei development GmbH is obliged to begin rectifying the defects within three working days at the latest during Rei development GmbH’s business hours.
In the event of serious defects that result in a complete failure of the service or a failure of functions to an extent that massively impedes the client’s processes, Rei development GmbH is obliged to begin rectifying the defects within 24 hours at the latest during Rei development GmbH’s business hours.
6. further development.
MyBuilding24 is subject to ongoing further development. The user is entitled to use the latest version of MyBuilding24. The use of older versions is generally not possible. If the system requirements change due to updates, the user will be informed at least three months in advance if possible.
7. new functions.
If Rei development GmbH equips the MyBuilding24 service with new or modified functions that become part of a newer version of MyBuilding24, the client is entitled to additional use of these functions at no extra cost.
If Rei development GmbH develops additional modules, the client is entitled to additional use of these modules in return for an extension of this contract and payment of the costs in accordance with the price list.
8. support.
Rei development GmbH offers support via e-mail and telephone during business hours.
9. costs.
The monthly costs are calculated according to the offer or the price list. The annual costs must be paid in advance by the user by the last day of the previous month at the latest.
10 Final provisions.
AGB. The enclosed General Terms and Conditions of the Contractor shall apply.
Privacy policy. The enclosed data protection declaration of the contractor applies.
Cancellation policy for consumers. I have taken note of the enclosed withdrawal policy for consumers.
Applicable law. All legal relationships and circumstances between the Client and the Contractor shall be governed exclusively by Austrian law to the exclusion of international conflict of law rules. The provisions of the UN Convention on Contracts for the International Sale of Goods shall not apply to contracts with companies.
Mandatory consumer law. If, in the case of contracts with consumers, the professional or commercial activity of the contractor is directed towards the consumer’s home country, the protection offered to the consumer by the mandatory legal provisions of the country of residence shall remain unaffected by the agreed applicable law.
Place of jurisdiction. The place of jurisdiction for all disputes between the Contractor and the Company shall be the competent Austrian court for Salzburg. However, the Contractor shall also be entitled to take legal action at the general place of jurisdiction of the Contractor and the Company.
