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General Terms of Use for the BONSAI Partner Portal

1. Provider

IBB Adaptive Solutions GmbH
Schönbrunner Straße 218-220
1120 Vienna, Austria

Phone Nr.: +43 / 1 / 907 60 29-0
Represented by: Dr. Christian Zeidler
Commercial register: FN391311h, Vienna Commercial Court
Ust-ID-Nr.: ATU67730039

2. Description of the service

The provider provides the service on behalf of its customers. Customers can use the service to invite users to exchange data and information via the service.

Users register on the basis of the invitation transmitted and thus have access to the service. Using this access, the information provided can be retreived and requested data can be entered in the system and transmitted securely to the customer.

The terms of the contract set out here apply to the use of the provider's software as a software as a service (“SaaS”) or cloud offer.

The user is enabled to use the software stored and running on the servers of the provider or a service provider commissioned by the provider via an internet connection and to save and process his data with its help.

The Conditions for data protection and confidentiality for the BONSAI Partner Portal apply.

3. Type and scope of the service

The provider provides the user with the software in the version agreed upon at the router’s point of exit of the data center in which the server with the software is located ("transfer point"). The software, the computing power and the storage and data processing space required for the use are provided by the provider. The provider is not responsible for establishing and maintaining the data connection between the user's IT systems and the transfer point described.

4. Availability of the service

The provider points out to the user that restrictions or impairments of the provided services can arise which are beyond the influence of the provider. This includes, in particular, acts by third parties that do not act on behalf of the provider, technical conditions of the Internet that cannot be influenced by the provider and force majeure.

The hardware, software and technical infrastructure used by the user can also influence the services of the provider. If such circumstances have an influence on the availability or functionality of the service provided by the provider, the provider is not responsible for repairing them.

The user is obliged to report functional failures, malfunctions or impairments of the software immediately and as precisely as possible according to the agreements in the order sheet to the provider.

5. Rights of data processing, data protection

The provider adheres to the legal data protection regulations.

For the purposes of executing the contract, the user grants the provider the right to reproduce the data to be stored by the provider for the user insofar as this is necessary to provide the services owed under this agreement. The provider is also entitled to keep the data in a shortfall system or separate failure data center. In order to remedy faults, the provider is also entitled to make changes to the structure of the data or the data format.

The provider regularly backs up the user's data on the providers server on an external backup server.

6. User data and exemption from third party Cclaims

As a technical service provider, the provider stores content and data for the user, which the user enters, stores and makes available for retrieval when using the software. The user obligates himself to the provider not to post any criminal or otherwise illegal content or data, which are illegal absolutley or in relation to individual third parties, or to use any programs containing viruses or other malware in connection with the software. The user remains the responsible body in regard to personal data and must therefore always check whether the processing of such data via the use of the software is supported by the relevant permission.

The user is solely responsible for all used content and processed data as well as any legal positions required for this. The provider is not aware of the content of the user and does not check the content used by the user with the software.

In this context, the user undertakes to exempt the provider from any liability and any costs, including possible and actual costs of legal proceedings, if there are claims against the provider by third parties, including employees of the user, as a result of alleged acts or omissions of the user. The provider will inform the user of the claim and, as far as this is legally possible, give him the opportunity to avert the asserted claim. At the same time, the user will immediately notify the provider in full of all information available to him about the facts that are the subject of the claim.

Any further claims for damages of the provider remain unaffected.

The general statutory provisions apply.

7. Support

If the user reports a support case, he must provide the most detailed description possible of the respective malfunction in order to enable the most efficient troubleshooting possible.

In the first instance, the user has to contact the communication partner. If there is a technical problem with the service, the communication partner (customer) forwards the request to the provider.

8. Cooperation obligations for the user

The user will support the provider in providing the contractual services to a reasonable extent.

The user is responsible for the proper and regular backup of his data. This also applies to documents provided to the provider in the course of contract processing.

To use the software, the necessary system requirements must be met by the user. The user is responsible for this on his own.

The user must keep the access data made available to him secret and ensure that any employees to whom access data are made available also do this. The service of the provider may not be made available to third parties.

9. Confidentiality

The parties are obliged to keep permanently secret, not to pass on to third parties, not to record or otherwise exploit any information about the other party that have become known or become known to them in connection with this contract, which are marked as confidential or can be identified as business and trade secrets based on other circumstances, unless the other party has expressly consented to the disclosure or use in writing or the information have to be disclosed due to law, court decision or an administrative decision.

10. Warranty / Liability

If services are used by unauthorized third parties using the user's access data, the user is liable for any fees incurred.

The provider is entitled to immediately block the user if there is reasonable suspicion that the stored data are illegal and/or violate the rights of third parties. A justified suspicion of unlawfulness and/or an infringement of the law exists in particular if courts, authorities and/or other third parties inform the provider of this. The provider has to inform the user of the blocking and the reason for it as soon as possible. The block must be lifted as soon as the suspicion is invalidated.

Claims for damages against the provider are excluded regardless of the legal basis, unless the provider or the legal representatives or vicarious agents have acted deliberately or through gross negligence.

The liability of the provider for slight negligence is excluded.

The general statutory provisions apply.

11. Miscellaneous

This agreement and changes to it as well as all contract-related declarations, notification and documentation requirements must be in writing, unless another form is agreed on or required by law.

The agreement is subject to the law of the Federal Republic of Austria, excluding the United Nations Convention on Contracts for the International Sale of Goods.

The place of jurisdiction is the domicile of the provider insofar as the user is a merchant, a legal entity under public law or a special fund under public law.

Should individual provisions of this agreement be ineffective, this does not affect the effectiveness of the remaining provisions. In this case, the parties will cooperate to replace ineffective regulations with regulations that correspond to the ineffective regulations as far as possible.