General Terms & Conditions

Since: July 1, 2010

1. Scope and legal basis

1.1. These terms and conditions subsequent “Terms and Conditions” apply to contracts between the Livepost-eU (subsequent: “Livepost”) and its customers (subsequent “Customer”) and the provision of online services for sending letters at home and abroad and the transfer of consignments to a post service, to send digitally signed documents with electronic delivery for sending messages that are delivered in a variety of other digital forms. The scope includes specially agreed additional and ancillary services.

1.2. Rights and duties within the scope of these terms and conditions come about by the contract. For each contract the recorded on the website of Livepost order data of the client as well as the following conditions apply. Different conditions require a separate written agreement.

1.3. In addition to these Terms and Conditions apply to special types of benefits specific performance and processing conditions on the Livepost indicating separately the client.

2. Contractual Relationship

2.1. The contract is a written agreement between Livepost and the Customer, or by accepting the terms and conditions on our website into being (in accordance with the present GTC).

2.2. Either party may assign the contractually owed receivables without prior written consent.

2.3. Terms and conditions of the customer which conflict with these terms and conditions are hereby expressly excluded.

3. Processing exclusion

3.1. The following items are excluded from processing by Livepost:

3.1.1. Items whose contents, external design, transport or storage to a statutory or official ban violated or require special facilities, safety precautions or permits.

3.1.2. Shipments, injured or infected by their contents or external quality people as well as property damage may occur.

3.1.3. Programmes that contain money or other means of payment (credit card, credit cards), securities, valuables, tickets, postage stamps or phone cards, unless a separate agreement has been made in this regard.

3.1.4. All envelopes, letterheads and side dishes that cannot be accepted by Livepost, which is free Livepost to refuse without justification.

3.1.5. Shipments that are contrary to the conditions of carriage of the postal service, which is to determine the commissioned shipment to the recipient, in accordance with paragraph 5.4.

3.2. The client agrees to the transfer of the programs or the causing the processing of shipments through Livepost, that its shipments in accordance with paragraph 3.1 are excluded from processing. The non-rejection of the processing of excluded programs does not constitute a consent to their processing dar. This also applies in the event that the client has the programs provided with one on their content or value indicative mark.

3.3. Where a consignment is not the conditions set out in these Conditions or the contract agreements, Livepost is entitled,

3.3.1. to refuse to accept the shipment and to withdraw with immediate effect the contract or

3.3.2. return a consignment have already passed / adopted at the expense of the customer or make them available for pick-up and to withdraw from the contract with immediate effect.

3.4. Further claims for damages of Livepost are not affected by this rule.

3.5. Claims against Livepost from the contract may, in principle, only make the client submits. The rights and obligations of the customer remain unaffected in this case.

4. Rights and Obligations of the Client

4.1. The customer’s instructions to proceed with the shipment in a special way, are only binding if they have been previously agreed separately. The client is not entitled to the provisions of an order which he issued Livepost after delivery or processing order of the shipment.

4.2. A Cancellation by the client after delivery or processing instruction to the consignment is excluded, as is made as a rule immediately after commissioning a product according to customer specifications. For consumers 5f Z. 1 and 3 are referred to the Consumer Protection Act §.

4.3. The client is obliged, stamps, notes and graphics to put up on the item, unless they are operationally required or affect the rights of the client only insignificantly.

4.4. The Client may give consignments only for yourself as the sender in order, or it must be him a power of attorney to send on behalf of a third party shipments.

4.5. The client is obliged to keep the credentials to online portal such as user name and password secret and to protect against access by unauthorized third parties. The password is a regular intervals, at least to change every 30 days, has distinguishing the new password of all the previous passwords significantly.

4.6. The client is liable Livepost for damages arising from any negligence on his unauthorized use of the login data by third parties. The burden of proof on the proper backup and storage of credentials referred to in paragraph 4.5 the contracting authority, where consumers are excluded in accordance with the Consumer Protection Act § 6 para 1 of 11 required to show proof.

4.7. The client is obliged to comply with the specified Livepost formatting for electronic delivery of consignments. These specifications are made ​​available on the website of Livepost. These criteria relate, in particular, reserved areas that are kept clear of any content such as text or graphics, as well as the indication and graphical formatting a valid recipient address.

4.8. The client has to ensure that the sender of the shipment is clearly recognizable by the recipient.

4.9. The Client is obliged to report any address or name change – the case of legal persons also changing the legal form – immediately inform the Livepost by altering this data in the online portal on their own.

4.10. The customer is obliged to take care, always use the latest versions of him provided byLivepost software and hardware to use the services of Livepost.

4:11. As far as the client software or hardware is left of Livepost, or contracting their use is allowed under the provision of services, the client has the non-exclusive, non-transferable, non-sublicensable, limited to the duration of the contract right to express those to use in an unmodified form . A license for the use of software in a network is required for each concurrent user. By using and installing software on individual PCs a license is required for each PC. Unless a separate agreement is made, the client will be granted no further rights to provided Software and hardware.

4:12. The client is obligated for services that require a certain credit rating of the customer and are associated with checking the credit history of the client, to give serious deterioration in its credit rating immediately known as to its solvency of Livepost.

4.13. The client agrees that the accounts of Livepost by electronic means. The issue of a paper bill can be offered by Livepost at an additional charge.

5. Performance of Livepost

5.1. Livepost will be providing services within the contract, including its annexes, in particular the description of services, and specified in the individual order services in accordance with the following provisions with the diligence of a prudent businessman. Livepost is entitled to exercise the meet its service obligations by agents of their choice. Livepost disturbances in their technical facilities within their means will remove as soon as possible. Excluded from processing, data and programs that violate a statutory or official ban or require special permits. This is especially true for data or content that have a seditious, violent or pornographic content or are excluded under paragraph 3.1 of the promotion. The Client shall Livepost this respect from all claims of third parties. The exemption applies to all claims arising out of violations of third party rights by the data to be processed. Livepost is not obliged to check the logged data delivered to their accuracy, completeness or compliance with legal regulations.

5.2. Depending on the order, the processing of a program by Livepost includes the receipt of the data, the digital signing, printing, enveloping and franking of a program, and the delivery of the shipment by delivery to a postal service or only some of these services or parts thereof . The compliance with a delivery deadline or delivery date is only payable if specifically agreed.

5.3. The delivery of a consignment is basically under the seals on the broadcast postal or electronic address, is responsible for the correctness of the Customer. The delivery conditions for the post are set by the postal service.

5.4. Shipments, which were handed over to the postal service, but cannot be delivered from this will be treated according to the transport regulations of the postal service. It is up to the client to inform themselves before selecting a postal service provider about its valid shipping conditions. Likewise, it is up to the client, if necessary, to provide for a returns note on the item.

5.5. Livepost can deploy the client software or hardware required to use the services offered by Livepost. Livepost informs the client in writing by e-mail, letter, fax, or via the online portal of new versions of the provided software and hardware. It is up to the client to always use the latest version of Livepost provided by software and hardware. Livepost can inform the client in writing by e-mail, letter, fax, or via the online portal features in dealing with supply of software and hardware that has to be considered before further use of the services of the Livepost client.

5.6. Livepost reserves the right to disable the account of the client and to refuse to accept orders if there is a suspicion on the part of Livepost, that

5.6.1. the user account of the client is misused, or

5.6.2. issuing the orders or their incorrect content for errors in the software or hardware directly or indirectly involved in the execution of the contract, technical equipment by the customer or by Livepost are due.

5.7. The technical facilities of Livepost can be reached in the course of maintenance or expansion work temporarily down. Livepost will choose for predictable business interruption for a period that has the least possible disturbance to the customer to order and announce this interruption as far as possible ahead of time.

5.8. Livepost offers the customer the delivery on their own envelopes, letterheads and supplements. Fall on separate storage costs for the period of storage. One mounted in Livepost printing sites can be resolved in the online portal by the client by the remaining stock inventory either the customer will be sent, or the remainder is disposed of. In the case of sending all packaging and shipping charges are to be borne by the customer, prior to disposal, the disposal costs are to be borne by the customer. In both cases the cost will be communicated to the client in advance. To ensure the technical workability of the printed materials provided by the client, the client has to submit the required number of sample pieces by mail to Livepost. For these submitted samples do not exists for the client shall have no claim to compensation or returning items, especially when seen from the examination of the pattern pieces, that this is not suitable for processing by Livepost. Livepost reserves the right to limit the number of print locations, the number of deliveries and the maximum inventory of a printing locations at its discretion per customer.

5.9. For the automation-assisted processing of letters 4.7 technical control characters are printed in reserved areas referred to in paragraph letter.

5.10. Livepost will not be liable for any loss of documents that are digitally archived from Livepost, this is particularly true for the provision of or digitally created by the principal documents.

6. Terms of payment

6.1. To carry out the services must be provided by the client made ​​an advance payment of the full contractual salary. Payment is made by direct debit a credit account charged in advance. The charging of the credit account can be done by the means of payment offered in the online portal. The current account balance is electronically available to the client. A claim for refund of paid and unused credit does not exist.

6.2. As the amount of the contractual consideration for the provision of services applies solely to the client immediately before submitting the electronic order processing job in the amount displayed. Price information on the website are for information only and are not to be regarded as binding. For services whose fees are not displayed before sending the processing job, such as ongoing storage costs which are separately agreed fees apply.

6.3. Invoices from Livepost are due upon receipt immediately and without deduction plus the currently valid sales tax, currently 20%, to pay. The accounts are usually at the end of the calendar month in electronic form using digital signature in the PDF format. The submission of a paper invoice in the mail is not provided.

6.4. In case of cancellation of payments by the client, for example due to insufficient funds for credit card payments, are all to take in Livepost by a third party fees charged by the customer. In addition to the claims of others is a handling fee of EUR 12.00 to be reimbursed.

6.5. At indebted non-payment within 14 calendar days after receipt of the invoice, the customer shall be in default of payment. In the event of a default Livepost is entitled, subject to the assertion of further damage by the customer for payment of default interest in the amount of 8 percentage points above the respective base interest rate pa to demand, available www.oenb.at. on the website of the Austrian National Bank If the customer is in default of payment, Livepost is entitled after two written reminders, without compensation to stop all processing and to withdraw from the contract. The same applies in the event that an application has been made for the opening of insolvency or judicial composition proceedings over the assets of the principal.

6.6. The set-off against claims of Livepost is permitted only with undisputed or legally established claims of the customer, a retention of the customer is excluded. Excluded from this provision are consumers under the Consumer Protection Act § 6 paragraph 1, 6, 7

6.7. Objections of the client on accuracy of the fees invoiced immediately, but no later than in writing within 30 calendar days of receipt of invoice. If there is no objection within this period, the claim shall be deemed approved by the Client. For consumers in terms of the Consumer Protection Act, that within six months of objections to the bill are to be made in any case in court from receipt of the invoice, otherwise the corresponding receivable is deemed accepted and objections are no longer possible.

6.8. When product “Corporate” Livepost offers a clearing account in which the client the services carried out retrospectively at the end of the accounting period, usually at the end of the month paid. This product is only offered commercial customers based in Austria. To use the product “Corporate” and use the clearing account an equivalent credit of the client is assumed. The credit check will be given at a selected Livepost service in order. Livepost assesses the credit quality of the customer at its discretion and on the basis of this report and credit is not required to give details of the results of the credit rating known. For reduction of the assumed credit rating of the client Livepost may refuse to accept any further orders without further notice.

7. Liability

7.1. The client has shortcomings in the services of Livepost, as far as ascertained or found immediately in writing by reasonable inquiries, to the knowledge preservation. If a defect in the service of Livepost, Livepost entitled to provide subsequent performance of their choice by defects or new production. If the subsequent performance fails, the customer may withdraw from the contract or charge lower (reduce).

7.2. Damages to be claimed only if the requirements of paragraph 7.3. Claims for damages of the customer, irrespective of the legal reason, and his claims for reimbursement of expenses are excluded. Unless the damage is caused by gross negligence or willful misconduct or grossly negligent violation of essential contractual obligations (cardinal obligations); If the latter is limited to typically foreseeable damage, liability.

7.3. Livepost is liable for damages resulting from an act or omission which Livepost or any of its employees intentionally or recklessly committed with knowledge that damage would probably result. For damages that are due to the behavior of an employee of Livepost, Livepost is liable in these cases only, have traded so far as these individuals acting in their performing.

7.4. Livepost is liable for damages that are due to the behavior of a postal service provider commissioned by Livepost with delivery of the item only to the extent to which adheres the Postal Service in its respective Terms and Conditions of this. It is up to the client to inform themselves before commissioning of Livepost about the terms and conditions of his chosen postal service provider, such as on its website.

7.5. Livepost is liable for damage to data (eg data loss), incurred by the Customer resulting from the use of software or hardware that is provided by Livepost for the use of services, limited to the typical restoration costs, which would have occurred at regular and risk-adequate copies . As a minimum, a risk corresponding backup copies applies once daily, and especially immediately prior to install or update (update) of software or hardware.

7.6. Livepost will not be liable for any damage caused by third parties due to unauthorized use of the electronic credentials of the client, if the misuse was made possible, inter alia, that the client essential safety measures were not adhered to in point 4.5.

7.7. Incidentally – subject to the special arrangements – any liability is excluded. Livepost also is not liable for damages in connection with shipments of processing – are excluded or do not meet the contractual requirements in any other way – as described in paragraph 3.1. Livepost is also exempt from any liability if the damage is due to circumstances that cannot be avoided even with the greatest care could be and their consequences she could not turn away (eg strike, force majeure).

7.8. The liability of Livepost to a deviation from the agreed production and Zustellkonditionen for shipments is limited to the simple sum of the performance fee. Livepost is also exempt from any liability if the damage is due to circumstances that cannot be avoided even with the greatest care could be and their consequences she could not turn away (eg strike, force majeure).

7.9. The principal is liable for damages of any kind, the Livepost and third parties arising due to a transfer from the processing of an excluded program referred to in paragraph 3, or from the violation of its obligations under paragraph 4. The Client shall insofar Livepost from any third party claims.

8. Privacy Policy

8.1. Livepost is entitled under the statutory provisions and the contractual arrangements to collect those data to store and process provided by the client in connection with the processing services. An illegal use of the data or its disclosure to unauthorized third parties.

8.2. Livepost keeps all data provided by the Client at least as long on as it seems necessary for a proper and thorough implementation of the given by the client in order performance.

9. Voucher

9.1. Coupon code and voucher balances, together referred to as “voucher” will be charged to the customer of Livepost.

9.2. Vouchers are only valid for new customers of Livepost that register properly on the website of Livepost. Each new Livepost customer may only redeem one voucher. Vouchers that are valid for existing customers of Livepost, which have not yet been activated or a voucher from Livepost, wear appropriate notes of the special conditions on the voucher itself

9.3. The validity of a coupon is time limited under certain circumstances. This validity period is specified on the voucher. The activation of the coupon codes must be completed within the validity period, otherwise forfeit the voucher credit.

9.4. The voucher has no market value, is not transferable, is not creditable against other claims, may not be sold and cannot be discharged in cash. There is no legal claim on the voucher and / or the promised performance in the voucher. The voucher can be explained by Livepost for invalid and / or denied the promised coupon in the performance when a breach of the voucher conditions and / or the remaining terms and conditions, or the voucher is used inadmissible in any other way.

10. Limitatiom

10.1. All claims of the customer within the scope of these terms and conditions shall lapse one year. This will not affect the statutory warranty rights of consumers in terms of the Consumer Protection Act.

10.2. The period begins with the end of the day on which the service was rendered, or to be rendered should have.

11. Other Provisions

11.1. The client can claims against Livepost not assign or pledge. Except for monetary claims.

11.2. Livepost is entitled to amend the terms and conditions, the charges, and the availability and terms of service at any time. These changes will be writing to the customer by e-mail, letter, fax or the online portal known. They shall be deemed accepted if the customer within 14 calendar days after notification of an objection. Following the amendments to either of the parties shall be entitled to terminate the contract on the date of entry into force of the amendments in writing by e-mail, letter, fax, or – to terminate the online portal – as far as possible.

11.3. Contract amendments and additions shall be effective only in writing.

11.4. The exclusive place of jurisdiction for legal disputes with companies, legal entities under public law or public law special funds from contracts that are subject to these terms and conditions, the competent court for the contractor.

11.5. Performance for all businesses is the company location or branch.

11.6. Contracts, orders and business language is German.

11.7. If any provision of these Terms and Conditions be or become invalid, the validity of the remaining provisions of these Terms unaffected. Instead of the invalid provisions shall enter those which correspond to the meaning of these Terms and most likely.

11.8. The law applicable to domestic parties of the Republic of Austria.