Terms & Conditions, Terms of Use

General Terms and Conditions of Austrian Standards plus GmbH (B2C and B2B)

Current Version: 21 June 2024

1 Scope and application

1.1 General

These General Terms and Conditions ("GTC") apply to all present and future business relations, including their initiation, between Austrian Standards plus GmbH, Heinestrasse 38, 1020 Vienna ("AS+") and its contracting partners ("Customer").

Special note will be made whenever these GTC distinguish between Customers that are consumers as defined under Sec 1 (1) No 2 Consumer Protection Act (Konsumentenschutzgesetz; KSchG) ("Consumer", "B2C Business") and Customers that are not Consumers ("Trader", "B2B Business").

1.2 Customer's GTC

All offers and contracts of Austrian Standards plus GmbH will be presented and/or concluded solely on the basis of these GTC (and, if applicable, any relevant Special Terms and Conditions, "STC"). Any provisions of the Customer that are in conflict with or deviate from these GTC (or the related STC) will be applicable only if and to the extent that AS+ expressly agrees to their validity in writing. This requirement of obtaining agreement from AS+ cannot be replaced by any implied action (e.g. unconditional performance by AS+).

2 Contract conclusion

2.1 Non-binding nature of online AS+ portfolio

The AS+ portfolio and content displayed online, especially the content of the Austrian Standards website, the online shop, or other online services of Austrian Standards are provided without any representations or warranties of any kind and do not constitute a legally binding offer issued by AS+ unless expressly declared as such in a particular case. This also applies in the event that AS+ provides the Customer with product information, promotional material, catalogues, technical documentation, other product descriptions, or documents (also in electronic format). The AS+ portfolio and content displayed online merely constitute an invitation and/or solicitation addressed to the Customer to submit an offer.

2.2 Customer's offer

Only a Customer's order (for purchases in and the booking of services through the online shop) or a Customer's firm enquiry (regarding online services) is considered a firm offer for conclusion of a contract.

To book trainings through the AS+ online shop, Customers do not need to register for an online shop account and/or log into their online shop account (guest purchase). All other orders (purchases in and the booking of other services through the online shop) require Customers to be registered and logged in. An online order can only be placed once all the required fields in the order form marked with an * (asterisk) have been completed. If any information is missing or AS+ is unable to fulfil the order for other reasons, the Customer will receive an error message. Before the order is finally sent (by clicking the button "Order with obligation to pay"), the Customer is given the opportunity to correct their order. To assist the Customer, helpful information is provided directly during the order process. Once the order process has been completed in the browser, a confirmation page is displayed ("Thank you for your order") and an order confirmation e-mail is sent to notify the Customer. This does not yet constitute acceptance of the Customer's offer by AS+.

The Customer is bound by their offer for a period of 14 calendar days. This obligation is without prejudice to the legal right of withdrawal for Customers who are Consumers.

By placing their order, the Customer accepts the GTC, including the relevant STC applicable and, where appropriate, the applicable Terms of Use ("ToU", for AS+ online services).

2.3 Confirmation of receipt

After placing an order (for online shop purchases and services booked through the online shop) or sending a firm enquiry (for online services) using the appropriate online form, the Customer will promptly receive a confirmation via e-mail of receipt of the order or of the Customer's enquiry. This confirmation e-mail specifying the order receipt date is merely a confirmation of receipt and does not yet constitute acceptance by AS+.

2.4 Acceptance by AS+

AS+ can accept the Customer's offer within a period of 14 calendar days by

• e-mailing the Customer an order confirmation (order confirmation for online shop purchases or confirmation of registration for services booked through the online shop), with the determining factor being the time of Customer's receipt of order confirmation, or
• sending the Customer a notification by e-mail informing them that access to the booked online service or an additionally booked add-on has been activated, with the determining factor being the time of Customer's receipt of the notification, or
• dispatching the ordered goods to the Customer, with the determining factor being the time of Customer's receipt of the goods, or
• requesting the Customer to pay after they have placed their order.

If several of the above conditions are met, the contract is entered into at the time the first condition is met.

2.5 Different billing and delivery addresses

When ordering through the AS+ online shop, the Customer can specify different billing and delivery addresses.

2.6 Storage of contracts

AS+ does not store contracts for online shop purchases and for services booked through the online shop. If the Customer wishes to print or save the contract (as a PDF file) after having placed their order, they can do so using their browser's print function. To make sure that the contract text is printed or saved in its entirety, the Customer should print or save the confirmation page after order completion as well as the pages with the GTC, the relevant STC applicable and, where appropriate, the ToU in the version valid at the time of ordering.

2.7 Contract language

The contract is concluded in German. Versions of the GTC and STC in other languages are for information purposes only. If there is any inconsistency between the German version and a version in another language, the German version shall prevail.

3 Invoicing and terms of payment

3.1 Pricing

For B2C Business, the following applies: Prices that AS+ indicates in individual offers include VAT but exclude shipping costs (handling, packaging material, and postage) as well as processing charges (costs charged by third parties, delivery service charges, etc.). Any such additional costs and/or charges will be indicated separately.

For B2B Business, the following applies: Prices that AS+ indicates in individual offers exclude VAT, shipping costs (handling, packaging material, and postage), as well as processing charges (costs charged by third parties, delivery service charges, etc.).

For all business transactions, the following applies: Prices in the AS+ online shop are indicated both as net prices (excluding VAT) and gross prices (including VAT). The applicable VAT rate is indicated as well. Prior to submitting a firm offer through the online shop, the Customer is shown an overview specifying the total sum payable and any applicable VAT, shipping costs, and processing charges. If delivery is made to a non-EEA country, the Customer must pay all import and export costs, including any customs duties, charges, and taxes.

3.2 Invoicing cross-border performance

For B2B Business, the following applies: If the Customer's VAT number is not provided, VAT will be added to the invoice for business transactions within the EU as well.

3.3 Payment methods

In the AS+ online shop, a registered, logged-in Customer can choose between payment by invoice, credit card payment (Visa, Mastercard; this also allows payment using a debit card enabled for online use), and immediate transfer (Klarna Sofort). Payments with a credit card or through immediate transfer are processed as secure payment transactions by the online payment service provider Unzer. Furthermore, AS+ is authorised to provide services only against prepayment or for cash on delivery. For guest purchases by Customers who are not registered and/or logged in, payment by invoice is the only option available in the AS+ online shop.

• Payment by invoice: When buying on invoice, the Customer undertakes to pay the full purchase price within a period of 30 calendar days from the date of the invoice, free and clear of any deductions and charges.
• Types of instant payment: When using an instant payment option, specifically including immediate transfer or credit card, the Customer undertakes to pay the full amount of the purchase price directly upon order placement.
• Prepayment: In case of prepayment, the Customer undertakes to pay the full purchase price directly after entering into the contract prior to delivery of the goods. The goods will be delivered only after the amount has been credited to the AS+ bank account.
• Cash on delivery: If payment is cash on delivery, the Customer undertakes to pay the full purchase price upon delivery of the goods (payment to the carrier).

3.4 Credit check

AS+ reserves the right to exclude payment by invoice after a credit check.

3.5 Terms of payment

No early payment discounts or other deductions will be granted. The term of payment is 30 calendar days net from the date of the invoice, unless otherwise specified on the invoice.

3.6 Delay in payment

For B2C Business, the following applies: If the Customer fails to pay in due time, AS+ has the right to charge interest for late payment at the rate set by the law (i.e. 4 % p.a.) as well as a reminder fee of € 4. for the second reminder and a reminder fee of € 6. for the third reminder.

For B2B Business, the following applies: If the Customer fails to pay in due time, AS+ has the right to charge interest for late payment at the statutory rate (i.e. 9.2 percentage points above the base rate for culpable delay in payment and 4 % p.a. in the event of non-culpable delay in payment) as well as a flat compensation fee in the amount of € 40. per case to cover collection costs. In the event of culpable delay in payment, AS+ is not only entitled to the applicable interest for late payment but also to such collection costs (reminder and collection costs) as are deemed reasonably proportionate to the debt subject to collection and considered necessary and appropriate for the intended purpose, up to the maximum amount set out by the law under the Ordinance on Collection Agency Fees of the Federal Ministry for Economic Affairs (Verordnung des Bundesministers für wirtschaftliche Angelegenheiten über die Höchstsätze der Inkassoinstituten gebührenden Vergütungen).

For all business transactions, the following applies: In the event of the Customer's culpable delay in payment, the foregoing provisions shall not affect any claims on the part of AS+ to compensation for proven higher interest rates and higher costs demonstrably incurred for the purpose of taking necessary and appropriate legal action. Any other consequences arising from the Customer's delay in payment will be governed by the relevant STC applicable.

4 Vicarious agents

AS+ has the right to engage third parties to perform contractual obligations for AS+.

5 Delivery and risk transfer

5.1 Terms of delivery

Unless stated otherwise in the order confirmation, all standards will be delivered complete with all their components.

If the place of delivery or performance is outside of Austria, the Customer is responsible for paying customs duties and taxes.

5.2 Delivery period

Unless otherwise agreed, AS+ will deliver within 14 calendar days from conclusion of contract pursuant to point 2.4. In case of prepayment, the delivery period begins on the day the amount is received on the AS+ bank account.

AS+ will inform the Customer of any non-standard delivery periods on the relevant product page.

5.3 Transfer of risk

For B2C Business, the following applies: If the Customer has selected one of the options proposed by AS+, the risk of goods, in case of sales shipment, is transferred to the Customer upon delivery to the Customer or to a third party other than the carrier and indicated by the Customer. If the Customer concludes the contract of carriage directly, the risk is transferred to the Customer at the time the goods are handed over to the carrier.

For B2B Business, the following applies: The risk of goods, in case of sales shipment, is transferred to the Customer at the time the goods are handed over to the carrier.

For all business transactions, the following applies: The Customer is obliged to document as best as possible any transport damage and to inform AS+ promptly, providing further details.

6 Retention of title

Goods delivered by AS+ remain the property of AS+ until full payment has been made (including ancillary fees, costs, and charges). The Customer must handle any goods that have been delivered but not yet fully paid with due care.

If the Customer fails to pay in due time, AS+ is entitled to exercise its retention of title rights. It is agreed that exercising retention of title does not constitute a withdrawal from the contract, unless AS+ expressly declares withdrawal from the contract.

7 Withdrawal from the contract

== BEGINNING OF THE INFORMATION ON THE RIGHT OF WITHDRAWAL ==

For B2C Business, the following applies: You have the right to withdraw from a contract that you have concluded with us (Austrian Standards plus GmbH) within 14 calendar days without giving any reason.

In the case of service contracts or contracts for the supply of digital content which is not supplied on a tangible medium: The withdrawal period will expire after 14 calendar days from the day of the conclusion of the contract.

In the case of sales contracts for the purchase of physical goods: The withdrawal period will expire after 14 calendar days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the goods. If you order multiple goods in one order that are delivered separately, the withdrawal period will expire after 14 calendar days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last good. If a good consists of multiple lots or pieces, the withdrawal period will expire after 14 calendar days from the day on which you acquire, or a third party other than the carrier and indicated by you acquires, physical possession of the last lot or piece.

To exercise the right of withdrawal, you must inform us (Austrian Standards plus GmbH, Heinestrasse 38, 1020 Vienna, phone +43 1 213 00, [email protected]) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post or e-mail). You may use the attached model withdrawal form, but it is not obligatory.

To meet the withdrawal deadline, it is sufficient for you to send your communication concerning your exercise of the right of withdrawal before the withdrawal period has expired.

Effects of withdrawal

If you withdraw from this contract, we shall reimburse to you all payments received from you, including the costs of delivery (with the exception of the supplementary costs resulting from your choice of a type of delivery other than the least expensive type of standard delivery offered by us), without undue delay and in any event not later than 14 calendar days from the day on which we are informed about your decision to withdraw from this contract. We will carry out such reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of such reimbursement. We may withhold reimbursement until we have received the goods back or you have supplied evidence of having sent back the goods, whichever is the earliest.

You shall send back the goods or hand them over to us without undue delay and in any event not later than 14 calendar days from the day on which you communicate your withdrawal from this contract to us. The deadline is met if you send back the goods before the period of 14 calendar days has expired. You will have to bear the direct cost of returning the goods. The cost is estimated at a maximum of approximately € 20. . You are only liable for any diminished value of the goods resulting from the handling other than what is necessary to establish the nature, characteristics and functioning of the goods.

If you requested to begin the performance of services during the withdrawal period, you shall pay us an amount which is in proportion to what has been provided until you have communicated us your withdrawal from this contract, in comparison with the full coverage of the contract.

Exceptions to the right of withdrawal

You do not have a right of withdrawal regarding contracts for the delivery of goods that have been made to the Customer's specifications or tailored to personal needs (personalised goods) or, in the case of computer software delivered in a sealed package, if the package has become unsealed after delivery.

Loss of the right of withdrawal after services have been fully provided

You do not have a right of withdrawal once services have been performed in full if we – with your express consent along with your confirmation of having understood that the right of withdrawal lapses upon full contract performance – begin the performance prior to expiration of the withdrawal period that would otherwise be applicable.

According to Sec 7 (3) Austrian Act on Off-Premises and Distance Contracts (FAGG), you will be provided with a confirmation of the concluded contract on a tangible medium (e.g. e-mail) within a reasonable time period after contract conclusion and no later than prior to the start of performance along with the information specified in Sec 4 (1) FAGG, unless such information has already been previously provided on a tangible medium. In any case, the confirmation of the contract will include a confirmation of your consent to immediate performance and your confirmation acknowledging the resulting lapse of your right of withdrawal.

Loss of the right of withdrawal after supply of digital content which is not supplied on a tangible medium

You do not have a right of withdrawal for the supply of digital content which is not stored on a tangible medium if we – with your express consent along with your confirmation of having understood that the right of withdrawal lapses upon early start of contract performance and after provision of a copy or confirmation in accordance with Sec 7 (3) FAGG – begin the supply prior to expiration of the withdrawal period that would otherwise be applicable.

According to Sec 7 (3) FAGG, you will be provided with a confirmation of the concluded contract on a tangible medium (e.g. e-mail) within a reasonable time period after contract conclusion and no later than prior to the start of performance along with the information specified in Sec 4 (1) FAGG, unless such information has already been previously provided on a tangible medium. In any case, the confirmation of the contract will include a confirmation of your consent to immediate performance and your confirmation acknowledging the resulting lapse of your right of withdrawal.

B. Model withdrawal form

(Complete and return this form only if you wish to withdraw from the contract.)

To Austrian Standards plus GmbH, Heinestrasse 38, 1020 Vienna, [email protected]:

I/We (*) hereby give notice that I/We (*) withdraw from my/our (*) contract of sale of the following goods (*)/for the provision of the following service (*)

• Ordered on (*)/Received on (*)
• Name of Consumer(s)
• Address of Consumer(s)
• Signature of Consumer(s) (only if this form is notified on paper)
• Date

(*) Delete as appropriate.

== END OF THE INFORMATION ON THE RIGHT OF WITHDRAWAL ==

For B2B Business, the following applies: Products delivered in compliance with the contract will not be taken back nor replaced.

8 Set-off

For B2C Business, the following applies: Where the Customer is a Consumer, the Customer's (counter)claims can be offset against claims by AS+ if such (counter)claims are legally connected to the AS+ claim, have been established by a court, or have been recognised by AS+, and also in the event that AS+ becomes insolvent. Any other set-off of Customer's (counter)claims against AS+ claims is excluded.

For B2B Business, the following applies: AS+ claims cannot be offset by any of the Customer's (counter)claims whatsoever.

9 Copyright

All works, especially standards, publications, trainings, and other documents, software, and databases are protected by copyright. This also applies to the AS+ website, its form and content.

Through their purchase and full payment, the Customer acquires simple, non-sublicensable and non-transferable rights to use content protected by copyright for a specific individual's own purposes (single user). Digital content may be used by a specific individual on several end devices, stored locally, and printed out for this person's personal use.

However, without prior, express written agreement by AS+ and/or an appropriate licence for multiple use, content protected by copyright may not be saved on a server, reproduced (e.g. on data media, through multiple printouts, copying, but also by forwarding or sending the content by e-mail or fax), made accessible to third parties (e.g. in shared folders, via the intranet or internet) or edited/adapted (e.g. translations) in any way whatsoever. Furthermore, any importing into AI (e.g. large language models) as well as text and data mining are prohibited.

Copyright infringements will be prosecuted. AS+ reserves the right to inform its partner organisations of any proven copyright infringements.

Please address any enquiries regarding editing/adapting and reproduction in writing or by e-mail to:

Austrian Standards plus GmbH, A-1020 Vienna, Heinestrasse 38, e-mail: [email protected].

10 Warranty, guarantee, damages, and general limitation of liability

10.1 General

Unless otherwise specified in these GTC or the relevant STC applicable, the provisions of the Civil Code (ABGB) on warranties for material and legal defects are applicable. Sec 7 Consumer Warranty Act (VGG) does not apply.

AS+ exercises ordinary care in providing its contractual services. Some of the content provided by AS+ is made available by third parties. In these cases, AS+ shall not be held liable for the accuracy, up-to-datedness, and completeness of such content or the choice of content.

10.2 Warranty period, limitation period, and burden of proof

For B2C Business, the following applies: Warranty claims are subject to the statutory warranty periods, the statutory burden of proof rules and the statutory limitation periods. For the delivery of movable items, the warranty period is two years from acceptance of the goods. Initially, the burden of proof that the goods were free from defect at the time of delivery is borne by AS+ (in the case of physical goods and individual digital services to be provided: in the first year after delivery; in the case of digital services which need to be made available on a continuous basis: during the entire period of provision) and, after expiration of this reversal of the burden of proof, the burden of proof that the defect already existed at the time of delivery is borne by the Customer. Rights arising from the warranty as well as claims resulting from a price reduction or from contract termination become time-barred three months after expiration of the warranty period.

For B2B Business, the following applies: The Customer must raise a warranty claim within a reasonable period of time but no later than within four weeks after delivery of the goods. Furthermore, Customer warranty claims become time-barred within one year of delivery of the goods. Any action (in court) must also be taken within this period. In any case, the burden of proof that the defect already existed at the time of delivery is borne by the Customer.

10.3 Online access

For B2C Business, the following applies: AS+ warrants the operational availability of online access and of the individual or accessible portfolio to the extent provided for under statutory law.

For B2B Business, the following applies: AS+ warrants the operational availability of online access and of the individual or accessible portfolio to the extent provided for under statutory law, excluding the reversal of the burden of proof.

For all business transactions, the following applies: Short-term, temporary non-availability (especially due to IT maintenance, technical measures, and upgrades that become necessary) expressly does not constitute a defect under warranty law.

10.4 Standards portfolio

For B2C Business, the following applies: AS+ warrants that the standards contained in the standards portfolio for which Austrian Standards holds the copyright (ÖNORMEN) are correct and up to date to the extent provided for under statutory law. However, AS+ shall have no liability for damages resulting from the publication or application of the standards (including draft versions).

For B2B Business, the following applies: AS+ warrants that the standards contained in the standards portfolio for which Austrian Standards holds the copyright (ÖNORMEN) are correct and up to date to the extent provided for under statutory law, excluding the reversal of the burden of proof. However, AS+ shall have no liability for damages resulting from the publication or application of the standards (including draft versions).

For all business transactions, the following applies: AS+ makes no warranty for the up-to-datedness, completeness, and accuracy of any data and documents issued by third parties (including standardisation organisations) and for which Austrian Standards does not hold the copyright or for any documents independently uploaded onto the online services (e.g. using specific functions) by the Customer.

10.5 Damages

For B2B Business, the following applies: Customer claims for damages become time-barred within a year from occurrence of the damaging event. In any case, the burden of proof that AS+ is culpable is borne by the Customer (also in the case of a compensation claim for the defect itself or for further damage resulting from such defect).

10.6 General limitation of liability

For any direct damages resulting from culpable breach of contract (including delay in delivery or as a result of defective or incomplete performance), AS+ may only be held liable if AS+ or a legal representative or vicarious agent of AS+ causes such damages culpably through intent or gross negligence (if a major contractual obligation is breached: through intent or negligence) and, in any case, limited to foreseeable damages that is typical for this type of contract. The aforesaid does not apply to any personal injury. If AS+ is liable, irrespective of the legal basis, liability will be limited to the amount invoiced for the goods or service delivered or owed (in any case, to no more than the amount insured under the third-party liability insurance).

AS+ shall not be held liable for any indirect damages or for damages resulting from the Customer's sharing of files or access credentials or any other improper handling of files, access credentials, or access rights by the Customer (or a person attributable to the Customer).

This limitation of liability also applies for the benefit of legal representatives and vicarious agents of AS+ if claims are brought directly against them.

10.7 No general guarantee

For B2C Business, the following applies: Any guarantees for performance characteristics will be assumed by AS+ only to the extent expressly agreed in individual cases.

For B2B Business, the following applies: Any guarantees for performance characteristics will be assumed by AS+ only to the extent expressly agreed in writing in individual cases.

For all business transactions, the following applies: Beyond the statutory warranty obligations, AS+ as a rule does not grant any guarantees of its own; specifications provided in promotional material, on the website of Austrian Standards, or in the relevant product documentation are expressly deemed not to constitute a guarantee. AS+ accepts no liability towards Customers for public statements made by the manufacturer or other third parties about specific product features, characteristics, or specifications. Where, in individual cases, the manufacturer's guarantees for third-party goods (including software) sold by AS+ apply, the relevant specific conditions can be found in conjunction with the relevant goods.

11 Data processing

In the scope of its business operations, AS+ processes Customer data if such processing is necessary for performance of the contract with the Customer.

Furthermore, the data the Customer transmits to AS+ are stored and processed on the basis of a legitimate interest for purposes of advertising, advisory, and market research, provided the Customer did not deny consent for such processing when ordering.

Cookies are required to enable use of the online lineup of AS+ with its full range of features (information on the use of cookies can be found here).

Detailed information on how AS+ processes Customer data and on data subject rights is available here.

12 Choice of law

For B2C Business, the following applies: Any legal disputes arising from the contractual relationship will be governed by Austrian law. If the Customer is a Consumer, the above applies only if the Consumer is not deprived of the protection afforded by mandatory provisions in the country of their habitual place of residence. Application of the UN Convention on Contracts for the International Sale of Goods is excluded.

For B2B Business, the following applies: Any legal disputes arising from the contractual relationship will be governed exclusively by Austrian law. Application of the UN Convention on Contracts for the International Sale of Goods, of the conflict-of-law rules under International Private Law, and of Regulation (EC) No 593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual obligations (Rome I Regulation) is excluded.

13 Jurisdiction

For B2C Business, the following applies: Place of jurisdiction is determined by the provisions of the law. In addition, Customers who are Consumers can take legal action against AS+ at the competent court of Inner City Vienna.

For B2B Business, the following applies: The exclusive place of jurisdiction for all claims shall be the competent court of Inner City Vienna.

14 Contact data for Customer enquiries, complaints, and the Online Dispute Resolution platform

Customer enquiries about AS+ products and services as well as any complaints can be sent directly to AS+ Customer Support ([email protected]).

For B2C Business, the following applies: Customers who are Consumers also have the option of contacting the Online Dispute Resolution platform of the European Commission.

15 Written form requirement

For B2B Business, the following applies: Any changes and/or supplements to agreements (including these GTC and the relevant STC applicable) must be made in writing to be effective. The same applies to any waiver of the written form requirement.

16 Right to make changes

In the case of contracts for the performance of a recurring obligation (e.g. online services), AS+ reserves the right to amend the GTC as well as the relevant STC applicable – with the exception of the provisions regarding scope and fee, which, if necessary, can only be amended in accordance with special regulations – if such an amendment is required for appropriate reasons (e.g. to adapt to changes in law, changed organisational or technical circumstances or for other equivalent reasons) and does not unreasonably prejudice the Customer. The Customer will be notified of any such amendment in writing at least one month in advance. Within one month from notification, the Customer has the right to terminate the contract affected by such changes as of the time the amendment enters into force (special right of termination). If the Customer does not exercise their special right to termination and the Customer has been informed of this legal consequence in the notification of the change, the relevant contract will continue to be valid with the amended terms.

17 Severability

If parts of these GTC or of the relevant STC applicable are ineffective, the validity of the remaining provisions will not be affected thereof.

For B2B Business, the following applies: In such a case, the ineffective provision will be amicably replaced by a provision that suits most the economic purpose and intention of the original ineffective provision.

Special Terms and Conditions of Austrian Standards plus GmbH for Trainings (B2C and B2B)

Current Version: 21 June 2024

1 Scope and application

These Special Terms and Conditions for Trainings ("STC for Trainings") apply in addition to the GTC of AS+ for all ongoing and future business relationships between AS+ and the Customer through booking, the provision and utilisation of trainings, seminars, courses, specialist conventions, and other (further) training, education and/or advanced training events ("Trainings"). In the event of discrepancies between the content of the GTC of AS+ and that of these STC for Trainings, the relevant provision in these STC for Trainings will take precedence.

Special note will be made whenever customized Trainings individually tailored to a Customer's requirements and needs ("In-House Trainings", regardless of whether these Trainings are held on the premises of the Customer, of AS+ or at a different venue) are distinguished from Trainings to which this does not apply ("Open Trainings").

If any of the following provisions relate to the start of a Training or, in the case of events consisting of several parts, to the start of the first session, this relevant point in time will be referred to as the "Start of Training".

2 Registration and number of participants

Registration is through the AS+ online shop.

There is a maximum number of participants allowed per Training. A spot can only be guaranteed after the fee has been paid.

3 Cancellation, rebooking and changes by the Customer

3.1 Cancellation

The Customer has the right to cancel a booked Training prior to the Start of Training by e-mail to [email protected].

The following terms of cancellation apply to Open Trainings: In case of cancellation up to three weeks prior to the Start of Training, cancellation will entail no cancellation fee or additional costs for the Customer. From three weeks prior to the Start of Training, AS+ has the right to charge a cancellation fee in the amount of 30 % of the gross fee charged. From one week prior to the Start of Training, AS+ has the right to charge a cancellation fee in the amount of 100 % of the gross fee charged.

The following terms of cancellation apply to In-House Trainings: In case of cancellation up to two weeks prior to the Start of Training, cancellation will entail no cancellation fee or additional costs for the Customer. From two weeks prior to the Start of Training, AS+ has the right to charge a cancellation fee in the amount of 100 % of the gross fee charged. Optionally, the Customer can agree on an alternative date for the planned In-House Training; in this case, point 3.2 of these STC for Trainings will apply.

For B2C Business, the following applies: The provisions regarding the legal right of withdrawal (see point 7 in the AS+ GTC) remain unaffected thereof.

3.2 Rebooking

If the Customer wishes to rebook to a later Training date, they can do so up to two weeks prior to the Start of Training without incurring any additional costs. In case of rebooking later than two weeks prior to the Start of Training, AS+ has the right to charge either a handling fee in the amount of 25 % of the gross fee charged or € 100. , whichever of these two amounts is lower.

The Customer must inform AS+ of any such rebooking by e-mail to [email protected].

For B2C Business, the following applies: The provisions regarding the legal right of withdrawal (see point 7 in the AS+ GTC) remain unaffected thereof.

3.3 Substitute participants

If the person designated as the participant by the Customer at the time of booking is unable to participate in the Training, the Customer may designate a substitute participant until the Start of Training. If such a person is designated until two weeks prior to the Start of Training, the Customer incurs no additional costs. From two weeks prior to the Start of Training, AS+ has the right to charge either a handling fee in the amount of 25 % of the gross fee charged or € 100. , whichever of these two amounts is lower.

The Customer must inform AS+ of any such substitute participant by e-mail to [email protected].

3.4 Changing the mode of participation

In the case of hybrid Trainings, participation can be changed from in-person to virtual participation anytime until the Start of Training. This can be done without incurring any additional costs for the Customer.

The Customer must inform AS+ of any such change as soon as possible by e-mail to [email protected].

4 Changes, cancellation or rescheduling by AS+

4.1 Changes of lecturer

AS+ reserves the right to change lecturers as well as their substitutes – also on short notice – if there is good cause. In particular, good cause includes the inability on the part of lecturers or their substitutes to discharge their duties, force majeure, or unforeseeable events. The Customer is not entitled to any specific lecturer or any specific substitute.

4.2 Changes in mode of participation

AS+ reserves the right to change the mode of Trainings from in-person or hybrid to virtual – also on short notice – if there is good cause. In particular, good cause includes force majeure or unforeseeable events. AS+ will inform the Customer of any such change as soon as possible. Any expenses already incurred will not be reimbursed; this will not entitle the Customer to claim damages against AS+.

4.3 Cancellation or rescheduling

AS+ reserves the right to cancel or reschedule Trainings up to one week before the Start of Training if the number of participants is insufficient or – including on short notice – if there is other good cause. In particular, good cause includes the inability on the part of lecturers or their substitutes to discharge their duties, force majeure, or unforeseeable events. AS+ will inform the Customer of any such cancellation and/or planned rescheduling as soon as possible.

If AS+ plans to reschedule a Training, the Customer will also be given the option to choose a day other than the actual replacement date. If, in the event of a rescheduling by AS+, no alternative date is suitable for the Customer, the Customer will be entitled to cost-free cancellation. In this case, the Customer will be reimbursed any participation fees already paid (or any down payments made). Any other expenses already incurred will not be refunded; this will not entitle the Customer to claim damages against AS+.

If AS+ cancels a Training in full, the Customer will be refunded any participation fees already paid (or any down payments made). The Customer will be offered the option of rebooking to the next Training. Any other expenses already incurred will not be reimbursed; this will not entitle the Customer to claim damages against AS+.

5 Fee

5.1 Composition of the fee

The fee comprises the following:

• participation in the Training (in person or virtually),
• any Training documents made available for this Training,
• any standards made available for this Training,
• any expert literature made available for this Training, and
• in the case of in-person Trainings, appropriate catering (in the case of whole-day Trainings: lunch; in the case of half-day Trainings: snacks and refreshments).

5.2 Discounts

AS+ grants various discounts which, as a rule, cannot be combined. If a Customer is entitled to a discount, the discount will be automatically taken into account in the online shop when the Customer is registered and logged in.

• Austrian Standards International members receive a 10 % discount (member discount; cannot be combined with other discounts).
• Persons involved in standardisation at Austrian Standards International receive a 10 % discount (standardisation discount; cannot be combined with other discounts).
• Customers of AS+ already using its online service effects 2.0 receive a 10 % discount (discount for existing Customers; cannot be combined with other discounts).

For selected Trainings, AS+ will grant a discount for bookings of at least three participants for the same Training. Optionally, this discount can be granted in one of the two following ways:

• "1+1=3": With this discount, Customers who book the same Training for three participants pay the participation fee for only two participants (volume discount; cannot be combined with other discounts). This volume discount applies for every multiple of three registered participants booked for the same Training. For example: When a Training is booked for six participants, the participation fee is payable only for four participants.
• Company discount: In this case, Customers receive a 10 % discount (cannot be combined with other discounts).

In addition, AS+ reserves the right to offer further discounts in various configurations for selected Trainings (e.g. in the form of a promotion code, an early-bird discount, or a discount for last-minute spots). The Customer will be provided detailed information on such special offers (including on whether combination with other discounts is possible) when and where appropriate in individual cases.

5.3 Term of payment for short-notice booking

If the booking is made less than 30 calendar days prior to the Start of Training, payment must be made before the Start of Training.

5.4 Consequences of late payment

If the Customer fails to make payment before the Start of Training, AS+ is entitled to remove the participants registered by the Customer from the list of participants. In this case, the Customer will be required to pay a cancellation fee as set out in point 3.1 of these STC for Trainings.

5.5 No-show or late arrival of registered participants

If (a) registered person/s does/do not show up or arrives/arrive late, the Customer will not be entitled to any (not even a partial) refund. In this case, the Customer will be required to pay a cancellation fee as set out in point 3.1 of these STC for Trainings.

6 Training documents

Any relevant Training documents and/or standards for a specific Training can be made available either in physical and/or digital format. Any expert literature for a specific Training will be made available in physical format.

The following applies for the cancellation of a Training (also if on short notice): Any digital Training documents already sent to the Customer must be deleted; any physical Training documents already sent to the Customer must be returned to AS+.

The following applies for the designation of substitute participants (also if on short notice): If the originally registered person has already received physical Training documents, these must be turned over to the substitute participant in their original version. AS+ will send digital Training documents directly to substitute participants. If the originally registered person has already received digital Training documents, these must be deleted.

7 Trainings held in digital or hybrid format

7.1 Technical and system requirements

To participate virtually in a digital or hybrid Training, the following requirements must be met. Fulfilment of these requirements is the sole responsibility of the Customer and the respective participants:

• internet access
• browser

Virtual participation is possible either through a web application running on any current standard browser or through online meeting software.

AS+ has the right to make virtual participation conditional on specific and/or higher system requirements, provided this becomes necessary for technical or legal reasons and the Customer is informed of this in good time beforehand.

7.2 Disruptions during transmission

AS+ cannot guarantee an uninterrupted transmission if and where the circumstances of transmission are beyond its control.

8 Customer's obligations

8.1 Confidentiality of access credentials

The Customer must ensure that all their participants keep their respective access credentials confidential and do not disclose them to third parties. Account sharing (i.e. the use of one and the same access for virtual participation by different individuals) is prohibited. The Customer expressly agrees that this provision constitutes a material contractual obligation on the Customer's part. If a single participant breaches the confidentiality obligation with regard to access credentials, such a breach will be attributed to the Customer as the Customer's own conduct and will entitle AS+ to early termination for cause.

8.2 Prosecution of infringements

The Customer must provide AS+ the best possible support in prosecuting any infringements and/or violations of the law.

Special Terms and Conditions of Austrian Standards plus GmbH for meinNormenAbo (B2B)

Current Version: 21 June 2024

1 Scope and application

These Special Terms and Conditions for meinNormenAbo ("STC mNA") apply in addition to the GTC of AS+ for all ongoing and future business relationships between AS+ and the Customer regarding the use of the online service meinNormenAbo. In case of any discrepancies between the content of the GTC of AS+ and that of these STC mNA, the relevant provision in these STC mNA will take precedence.

The online service meinNormenAbo is exclusively intended for Customers who aren't Consumers (purely B2B Business).

Use of the online service meinNormenAbo requires acceptance of the GTC and STC mNA as well as acceptance of the Terms of Use of AS+ for their online services ("ToU").

2 Scope of services and functions

2.1 Packages

2.1.1 Basic Package (introductory level)

The Basic Package includes the following functions:

• read-only access
• valid ÖNORMs
• German language versions

2.1.2 Advanced Package (advanced level)

The Advanced Package includes the following functions:

• read-only access
• valid ÖNORMs
• language version of choice (German or English)
• historical (withdrawn) ÖNORMs
• indication "Referenced in legislation"
• normative references
• subject area filter

2.2 Optional add-ons

Optional add-ons can be added irrespective of the selected package; however, optional add-ons cannot be booked on their own without a package. The scope of services and functions applicable to the selected package will also be applicable to any optional add-on. In particular, this concerns the available language version(s) for the individual add-on portfolio and the availability of historical (withdrawn) documents in the individual add-on portfolio.

Optional add-ons can be added to the booking both at the beginning of the performance period as well as at a later stage.

When new optional add-ons are released for the first time, all packages may temporarily include more comprehensive services and/or functions (relating exclusively to the individual add-on) than covered by the applicable scope of services and functions (e.g. temporary accessibility to all language versions in the Basic and Advanced Packages). The Customer will not incur any additional costs because of this, and this will not result in any legal entitlement on the Customer's part to retain the more comprehensive scope of services and functions. Once technical implementation has been completed, the add-on portfolio will be available within the scope of the services and functions applicable for the selected package.

2.3 Changes to the scope of services and functions

AS+ has the right to amend the meinNormenAbo subscription and also, more specifically, to cut back the scope of services and functions for meinNormenAbo or to make provision of meinNormenAbo conditional on specific and/or higher system requirements if this is deemed necessary for technical or legal reasons and the Customer is informed of the change in good time beforehand.

In any case, AS+ is entitled at all times to expand and/or broaden the scope of services and functions of meinNormenAbo.

3 Accessible (ÖNORM) portfolio

3.1 Basic portfolio

In their meinNormenAbo subscription, the Customer can access any of the following valid (i.e., not withdrawn) Austrian Standards documents irrespective of the package selected:

• ÖNORM,
• ÖNORM EN,
• ÖNORM EN ISO,
• ÖNORM ISO/IEC,
• ONR,
• ONR CEN/TS,
• ONR ISO/TS, and
• the related Supplements.

3.2 Advanced Package portfolio

In addition to the basic portfolio, the Advanced Package includes the historical (withdrawn) versions of the documents included in the basic portfolio.

3.3 Optional OVE add-on portfolio

If the optional OVE add-on is added to the booking, the Customer can access the following valid (i.e., not withdrawn) documents irrespective of the package selected:

• OVE,
• ÖVE,
• ÖVE/ÖNORM, and
• the nationally adopted ETSI standards.

OVE E 8101 is expressly excluded from the above.

If the optional OVE add-on is added to the Advanced Package booking, the historical (withdrawn) versions of the OVE add-on portfolio can also be accessed.

3.4 Display of the accessible (ÖNORM) portfolio

To display the accessible ÖNORM portfolio, every user can choose between PDF view and Document View (display of content in XML format). In some cases, technical reasons may cause discrepancies between PDF view and Document View; this notwithstanding, PDF view always correctly shows the content of the standard. Any such discrepancy is expressly deemed not to constitute a defect under warranty law.

Customers and users can submit reports on such discrepancies to AS+ Customer Service ([email protected]).

As a rule, optional add-on portfolios are displayed via PDF view.

4 Number of available user licences

The minimum number of available user licences depends on the size of the company:

Company size	Number of user licences (Basic Package and Advanced Package)
1–30 employees	1
31–100 employees	2
101–250 employees	4
> 250 employees	AS+ erstellt ein auf die Bedürfnisse des Kunden maßgeschneidertes Angebot.

 

The company size is determined based on the average total number of employees during the fiscal year (in short: average employee number). The average employee number includes full-time equivalents (including part-time employees in proportion to their degree of employment) and apprentices, but not temporary agency workers. Any subsidiaries majority-owned by the Customer must be taken into account when determining the company size. In case of cross-border corporate structures, please contact AS+ Customer Service ([email protected]).

If required, additional user licences in excess of the minimum number of available user licences can be booked.

5 Fee and billing period

5.1 Composition of the fee

The fee is determined by the following factors:

• selected package,
• company size (employee number),
• selected minimum commitment period (one, three, or five years),
• any additional user licences (in excess to the minimum number of available user licences determined on the basis of company size), and
• any selected optional add-ons.

5.2 Discounts

Austrian Standards International members and effects 2.0 Customers receive a 10 % discount (member discount resp. discount for existing Customers; cannot be combined with each other).

Customers with a minimum commitment period of three years receive a 10 % discount compared to the fee for a one-year commitment period; Customers with a minimum commitment period of five years receive a 20 % discount compared to the fee for a one-year commitment period (can be combined with member discount resp. discount for existing Customers).

If the Customer adds user licences to their booking and additional user licences are available at a discounted price, AS+ will grant the Customer the same discounted price that is applicable to the additional user licences for the user licences already included in the selected package (can be combined with member discount resp. discount for existing Customers as well as the discount for a higher minimum commitment period).

5.3 Invoices and billing period

Invoices are issued annually in advance for the respective performance year (calculated from the time at which access to meinNormenAbo is activated). The term of payment is 30 calendar days net from the date of the invoice.

The invoice states the sum total due for the entire performance year, providing no further breakdown by month or number of user licences.

Any change in the number of employees during the relevant performance year that would lead to a reduction in the number of user licences cannot be factored into the billing.

If the Customer adds optional add-ons to their booking during a performance year, AS+ has the right to invoice the applicable prorated fee separately in advance for the remaining performance year; for every performance month commenced, the full amount will be factored in. A total invoice will be issued for the subsequent (first complete) performance year.

5.4 Introductory offer

In case of registration until 30 June 2023, AS+ voluntarily granted the Customer a one-off additional month of use without charging extra ("Free Month"), regardless of the package selected, the company size, the minimum commitment period selected, or any additionally booked user licences. This Free Month cannot be redeemed in cash or paid out; there is no legal right to a Free Month.

In case of early contract termination for good cause by the Customer prior to expiration of the minimum commitment period, the Free Month will be shortened accordingly on a prorated basis (ratio of actual duration of the contract to minimum commitment period).

The Free Month lapses in case of early contract termination for good cause by AS+ prior to expiration of the minimum commitment period.

5.5 Price adjustment and indexation

The fee is index-based and increases in line with any rise of the 2020 CPI as published by the National Statistical Institute (Statistics Austria). If this index is no longer published, the closest corresponding index will apply as basis for the index-based adjustment.

The fee is adjusted annually after publication of the average percentage increase of the index on the previous year, and this adjustment takes effect for the next full performance period. For example, for a contract of which the performance period starts on 5 September 2023, the index-based adjustment will be implemented for the first time on 5 September 2024. The average annual index is taken to calculate the fluctuations of the 2020 CPI.

6 Contract duration, performance period and termination

6.1 Contract duration

Agreements on the use of meinNormenAbo are concluded for an indefinite period (open-ended contract).

6.2 Performance period

Billing and notice periods for termination are not based on the date of entry into the contract but generally on the performance period. The performance period begins when access to meinNormenAbo is activated, of which the Customer is notified by e-mail. Generally, access is activated no later than five business days after the Customer submits a firm offer for conclusion of a contract.

6.3 Termination for convenience, notice period

A termination for convenience can be exercised annually after expiration of the minimum commitment period selected by the Customer (starting with the performance period) subject to a notice period of 3 (three) months, effective at the end of the relevant performance year. The notice period is deemed to have been observed if notice of termination is sent in time.

If the Customer (for example, as part of the introductory offer for a meinNormenAbo subscription) secures or has secured free use of meinNormenAbo for a specific duration, the termination date must be determined in consideration of the respective duration of such free use from the start of the performance period. For example, a contract concluded with a minimum commitment period of one year and one month of free use (introductory offer), of which the performance period begins on 5 June 2023, will be terminable for the first time as per 4 July 2024; the termination letter would have to be sent by no later than 4 April 2024.

6.4 Early termination for cause

AS+ as well as the Customer are free to give notice of immediate contract termination for good cause (early termination for cause). In particular, good cause is given if

• one party is in breach of a material contractual obligation, and this breach is not remedied within grace period of 14 calendar days to be granted by the other party by registered letter,
• the price adjustment or index-based adjustment gives rise to a price increase in excess of 10 % on the price of the previous year; in this case, the Customer is obliged to give notice of early termination citing this cause within a period of 30 calendar days from receipt of the new invoice, otherwise the cause for termination will become time-barred, or
• the Customer's internal legal and/or financial influence changes significantly.

6.5 Consequences of termination

Upon termination of the meinNormenAbo subscription, access to the accessible (ÖNORM) portfolio (as well as any comments added by the Customer) will no longer be possible.

6.6 Partial termination of optional add-ons

Upon expiration of the minimum commitment period selected by the Customer (starting with the performance period; in the case of optional add-ons added after the initial booking, any still applicable minimum commitment period will not be extended), optional add-ons can be terminated by themselves (partial termination) on an annual basis at the end of the relevant performance year subject to a notice period of 3 (three) months. The notice period is deemed to have been observed if notice of partial termination is sent in time. The consequences of termination as set forth in point 6.5 of these STC mNA apply accordingly.

7 Customer's obligations

7.1 Information on company size

The Customer is required to provide AS+ with full and accurate details about their company size and to inform AS+ of any relevant changes in their company size. If the Customer provides incorrect and incomplete information or fails to inform AS+ of any relevant change in company size, AS+ will have the right to early termination for cause and to back-bill the Customer for the entire performance period on the basis of the company's actual size.

7.2 Confidentiality of access credentials

The Customer must ensure that all their users keep their respective access credentials confidential and do not disclose them to third parties. Account sharing (i.e. the use of one and the same access to the online service by different individuals) is prohibited. The Customer expressly agrees that this provision constitutes a material contractual obligation on the Customer's part. If a single user breaches the confidentiality obligation with regard to access credentials, such a breach will be attributed to the Customer as the Customer's own conduct and will entitle AS+ to early termination for cause.

7.3 System integrity

The Customer must ensure that all their users use the online service in a way that does not impair or interrupt the operation of the online service itself or of the servers or networks used for provision of the online service. The Customer expressly agrees that this provision constitutes a material contractual obligation on the Customer's part. Any such impairment or interruption by a single user will be attributed to the Customer as the Customer's own conduct and will entitle AS+ to early termination for cause.

7.4 Legal constraints

The Customer is required to comply with legal constraints (resulting from a separate licence agreement, for instance) in connection with the use of the online service and the accessible (ÖNORM) portfolio (documents and content, including metadata). Furthermore, the Customer must ensure that all their users comply with this obligation. In particular, the following actions are prohibited unless specifically agreed in writing:

• downloading, saving, or in any other way reproducing data from the online service,
• manually or automatically exporting data from the online service (data mining) and (further) processing such data,
• importing data from the online service into other systems, databases, or applications (including AI, such as large language models),
• editing/adapting data from the online service,
• using metadata outside the online service,
• disclosing (including distributing as well as making available) content from the accessible portfolio or metadata, and
• using exported data outside the (material and local) scope of the provisions of a separate licence agreement.

The Customer expressly agrees that this provision constitutes a material contractual obligation on the Customer's part. Any breach of this provision by a single user will be attributed to the Customer as the Customer's own conduct and will entitle AS+ to early termination for cause.

7.5 Prosecution of infringements

The Customer must provide AS+ the best possible support in prosecuting any infringements and/or violations of the law.

Terms of Use of Austrian Standards plus GmbH for its online services

Current Version: 21 June 2024

1 Scope and application

These Terms of Use ("ToU") govern the use of the online services provided by Austrian Standards plus GmbH, Heinestrasse 38, 1020 Vienna ("AS+") to AS+ customers ("Customer", contracting partner of AS+) and to individual users ("User", specific individual who has an account or online access and thus uses AS+ online services booked by the Customer) in addition to AS+’s GTC and any of AS+’s relevant special terms and conditions applicable ("STC"). In case of any discrepancies between the content of the STC of AS+ and the content of these ToU, the relevant provision in these ToU will take precedence.

AS+ provides online access to the offered online services exclusively on the basis of these ToU.

These ToU apply exclusively; any terms and conditions of the Customer or User that are in conflict with or deviate from theseToU are not applicable and do not become an integral part of the contract even if AS+ does not expressly object to such terms and conditions.

2 Security and data protection

Of course AS+ adheres to the highest security and data protection standards and only uses servers located in Austria to operate the online services. For details on the processing of data, please check out the AS+ privacy notice on https://www.austrian-standards.at/en/legal/privacy.

3 Technical and system requirements

To use the online services, the following requirements must be met. Fulfilment of these requirements is the sole responsibility of the Customer and their respective Users:

• internet access
• browser

The online services can be used through web applications running on any current standard browser.

AS+ has the right to make the provision of individual online services conditional on specific and/or higher system requirements, provided this becomes necessary for technical or legal reasons and the Customer is informed of this in good time beforehand.

4 Online access

4.1 Availability and access

Access to the individual online service and any (ÖNORM) portfolio accessible in that service is generally available seven days a week and 24 hours a day. Access may be temporarily restricted, particularly during maintenance, technical procedures, and upgrades.

4.2 E-mail addresses permitted for online access

A specific user licence must always be used by only one specific individual ("Named User" principle). For this reason, the Customer and their respective Users may only use personalised e-mail addresses to create and use online access. General e-mail addresses that are not personalised to a specific individual (for example, [email protected] or [email protected]) may not be used for online access.

4.3 Confidentiality of access credentials

The User must keep their access credentials confidential and not disclose them to third parties. The Customer must ensure that all their Users comply with this obligation. Account sharing (i.e. the use of one and the same access to the respective online service by different individuals) is prohibited.

4.4 Blocked online access

If AS+ identifies a breach of the Terms of Use or fraudulent use by a specific User, AS+ is entitled, without prejudice to its remaining rights, to block the respective User's online access (temporarily or permanently, depending on the seriousness of the breach and on whether there have been any previous breaches). AS+ will inform the Customer of the blocking of one of their Users' access credentials.

5 System integrity

The User must use the respective online service in a way that does not impair or interrupt the operation of the online service itself or of the servers or networks used for provision of the online service. The Customer must ensure that all their Users comply with this obligation.

6 Legal constraints

The User is required to comply with legal constraints (resulting from a separate licence agreement, for instance) in connection with the use of the respective online service, their online access, and the accessible (ÖNORM) portfolio (documents and content, including metadata). In particular, the following actions are prohibited unless specifically agreed in writing:

• downloading, saving, or in any other way reproducing data from the online service,
• manually or automatically exporting data from the online service (data mining) and (further) processing such data,
• importing data from the online service into other systems, databases, or applications (including AI, such as large language models),
• editing/adapting data from the online service,
• using metadata outside the online service,
• disclosing (including distributing as well as making available) content from the accessible portfolio or metadata, and
• using exported data outside the (material and local) scope of the provisions of a separate licence agreement.

The Customer must ensure that all their Users comply with this obligation.

7 Reporting potentially unlawful content

Users and third parties can report any information made available by (other) Users (uploaded content) or any other information items available in the online services that they consider unlawful by providing all the details by e-mail to [email protected]. In particular, such a report can also be made if the User or a third party suspects allegedly illegal content within the meaning of Regulation (EU) 2022/2065 of the European Parliament and the Council of 19 October 2022 on a Single Market For Digital Services and amending Directive 2000/31/EC ("Digital Services Act") in any online service of AS+. Adequately trained AS+ staff will review each such report promptly, carefully, objectively and without arbitrariness, before further steps are taken, such as limiting access to or deleting the information. The person filing such a report will be informed about the results of the review. Such reports will not be subjected to any automated decision-making.

8 Right to make changes

AS+ reserves the right to amend the ToU if such an amendment is required for appropriate reasons (e.g. to adapt to changes in law, changed organisational or technical circumstances or for other equivalent reasons) and does not unreasonably prejudice the Customer. The Customer will be notified of any such amendment in writing at least one month in advance. Within one month from notification, the Customer has the right to terminate the contract affected by such changes as of the time the amendment enters into force (special right of termination). If the Customer does not exercise their special right to termination and the Customer has been informed of this legal consequence in the notification of the change, the relevant contract will continue to be valid with the amended terms.

9 Severability

If parts of these ToU are ineffective, the validity of the remaining provisions will not be affected thereof.

For B2B Business, the following applies: In such a case, the ineffective provision will be amicably replaced by a provision that suits most the economic purpose and intention of the original ineffective provision.

Terms and conditions for the certification body of Austrian Standards plus GmbH

Issue 3.1, status: 1.4.2022

AGBsV31-EN_2022-04-01_1.pdf

General Terms and Conditions for IEC Documents

(These general terms and conditions only apply to purchases of IEC documents.)

THE IEC PUBLICATIONS AND RELATED INFORMATION ARE COPYRIGHTED. BY LOADING THESE DATA TO YOUR COMPUTER, YOU ACCEPT THE TERMS OF THIS LICENSE AGREEMENT. IF YOU ARE NOT WILLING TO BE BOUND BY THE TERMS OF THIS LICENSE AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS SUCH MATERIALS.

1. License

1.1. Subject to the provisions contained herein and to the payment of all applicable fees, the International Electrotechnical Commission (comprising the IEC Central Office and/or IEC National Committees (hereinafter referred to as “IEC”)) grants you a non-exclusive, non-transferable license to the materials contained herewith (the “Product”). Your licensed rights to the Product are limited to the following:

1.1.1. This License Agreement does not convey to you an interest in or to the Product, but only a limited right of use revocable in accordance with the terms of this License Agreement. You are permitted to make one paper copy for personal use. No other use, copy or excerpts from the content are permitted.

1.1.2. (a) Applicable to a single user license agreement: You may install one copy of the Product on a single computer owned, leased or otherwise controlled by you. In the event that the computer becomes dysfunctional, such that you are unable to access the Product, you may transfer the Product to another computer, provided that the Product is removed from the computer from which it is transferred and the use of the Product on the replacement computer otherwise complies with the terms of this Agreement. Neither concurrent use on two or more computers nor use in a local area network or other network is permitted. You shall not merge, adapt, translate, modify, rent, lease, sell, sub-license, assign or otherwise transfer the Product, or remove any proprietary notice or label appearing on any of the Product. You may copy the Product only for backup purposes.

1.1.2. (b) Applicable to a multi-user license (together with a separate agreement on the number of users): You may install one copy of the Product on a single computer owned, leased or otherwise controlled by you. In the event that the computer becomes dysfunctional, such that you are unable to access the Product, you may transfer the Product to another computer, provided that the Product is removed from the computer from which it is transferred and the use of the Product on the replacement computer otherwise complies with the terms of this Agreement. Concurrent use on several computers and use in a local area network or other network is only permitted under the terms of a separate agreement on the number of users. You shall not merge, adapt, translate, modify, rent, lease, sell, sub-license, assign or otherwise transfer the Product, or remove any proprietary notice or label appearing on any of the Product. You may copy the Product only for backup purposes.

1.1.3. You acknowledge and agree that the Product is the property of IEC as the copyright owner identified on the front page of the Product, and is protected under Swiss copyright law and international copyright treaties. You further acknowledge and agree that all right, title and interest in and to the Product, including all intellectual property rights, are and shall remain with IEC.

1.1.4. You shall provide IEC or any designee of the IEC with all information necessary to assure compliance with the terms of this Agreement. In the event you are not in compliance with the terms of this Agreement through the actions of unrelated third parties, you shall use your best efforts to co-operate with IEC and any of its designees to assure compliance.

2. Limited Warranty

2.1. IEC warrants for your benefit alone that, unless disclosed in the Product to the contrary, IEC can license the Product and all copyright and trademarks related thereto or therein, free and clear of any and all liens, claims and encumbrances.

2.2. The express warranties set forth in this Section 2 constitute the only warranties with respect to the Product and IEC makes no other representation or warranty or condition of any kind, whether express or implied (either in fact or by operation of law) with respect to any product, including, without limitation, with respect to the sufficiency, accuracy or utilisation of, or any information or opinion contained or reflected in, any of the Product. IEC expressly disclaims all warranties or conditions of merchantability or fitness for a particular purpose. No officer, director, employee, member, agent, representative or publisher of IEC is authorised to make any modification, extension, or addition to this limited warranty.

3. Indemnification

3.1. Neither IEC nor any agent, representative, publisher or distributor of the Product, or any of their respective directors, officers, employees, agents, representatives shall have any liability for, and you shall defend, indemnify and hold the IEC harmless from and against, any claim, loss, demand, liability, obligation and expenses (including reasonable attorneys’ fees) based upon or arising out of any injury or damage, or any product liability claim, including but not limited to, any personal or bodily injury or property damage, arising out of, pertaining to, or resulting in any way from, the use or possession of any of the Product by you and/or any of your directors, officers, employees, representatives, agents or contractors.

4. Limitation of Liability

4.1. You acknowledge that IEC’s obligations and liabilities with respect to the Product are exhaustively defined in this Agreement. You are responsible for the consequences of any use of any of the Product (whether or not such use was consistent with the license granted hereunder) or any use created therefrom. Whether or not IEC has been advised of such possible use, neither IEC nor any of its representatives or agents, directors, officers, employees, agents, representatives shall be liable, whether under contract, tort (including negligence), or otherwise, for any indirect, special, punitive, incidental or consequential loss, damage, cost or expense of any kind whatsoever and howsoever caused, that may be suffered by you or any of your directors, officers, employees, agents, representatives or contractors of any third party.

4.2. If at any time an allegation of infringement of any rights of any third party is made, or in IEC’s opinion is likely to be made, with respect to any of the Product, IEC may, at its option and at its own expense (i) obtain for you the right to continue using the Product, (ii) modify or replace the Product or any portion thereof so as to avoid any such claim of infringements, (iii) refund to you the License Fee. IEC shall have no liability to you if any claim of infringement would have been avoided except for your refusal to use any modified or replacement Product supplied or offered to be supplied pursuant to this Section 4.2 or to otherwise cease using the Product. Notwithstanding anything contained in this Agreement, and except as set forth in Section 4.2 hereof, IEC’s liability to you for damages pursuant to this Section 4.2, if any, shall not exceed the amounts of the License Fee paid by you for the Product subject to any such claim.

4.3. Section 4.2 states the entire liability of IEC with respect to the infringement or alleged infringement of any third party rights of any kind whatsoever by any of the Product.

5. Termination

This Agreement may be terminated immediately by IEC upon breach of any provision of this Agreement by you. Upon any termination of this Agreement, you shall immediately discontinue the use of the Product and shall within ten (10) days either return file(s), if any, to IEC or certify in writing to IEC that the Product has been deleted from your computer and is eliminated from your premises and that the paper copy has been destroyed and no photo or other copies have been retained.

6. Governing Law

This Agreement shall be governed by the Laws of Switzerland and the courts of Geneva, Switzerland, shall be the forum for the settlement of disputes. Notwithstanding the foregoing, IEC expressly reserves the right to take legal action against you or otherwise to enforce its rights according to Swiss or local laws in your country of domicile or in any jurisdiction where a breach of this Agreement or an infringement of its rights may occur or may have had effect.

7. Miscellaneous

7.1. This Agreement constitutes the complete and exclusive agreement between IEC and you with respect to the subject matter hereof, and supersedes all prior oral or written understandings, communications or agreements not specifically incorporated herein. This Agreement may not be modified except in writing duly signed by an authorised representative of IEC and you.

7.2. If any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable, and such decision shall not affect the enforceability (i) of such provision under other circumstances, or (ii) of the remaining provisions hereof under all circumstances. Headings shall not be considered in interpreting the Agreement.

8. Export

You may not load or export or re-export any of the Product or any underlying information or technology except in full compliance with all Swiss and other applicable laws and regulations.