1. General – Scope
1.1 The following terms and conditions apply to all business relationships between the customer and AiOEX Import- Und Exporthandels GmbH, following named as “us” -or- AiOEX. The governing law is that which was valid when the contract was put into effect.
1.2 Dissenting, conflicting or additional customer terms and conditions, even if acknowledged, are not part of the contract unless their validity is expressly agreed upon.
1.3 The various top-level domains (“domain suffixes”) are administered by a multitude of different, mostly national, organisations.
Each of these organisations allocating domains has different terms and conditions for registration and administration of top-level domains, their respective sub-level domains and the procedures for domain disputes. As far as domains concern the contract, following additional terms and conditions apply:
=====DOMAIN TERM LINKS =====.
2. Conclusion of the contract
2.1 Our offers are subject to change. We reserve the right to make technical and other changes within reason.
2.2 Upon ordering, the customer is bound to the tentative offer. We will confirm the receipt of the customer’s order immediately. The confirmation is not contractually binding. The confirmation and acceptance of the contract may be incorporated together.
2.3 We are entitled to accept the offer of a contract (the order) within a period of 7 working days after receipt. We are also entitled to reject the order after examining the reliability of the customer.
3. Scope of services
3.1 As far as the subject of the contractual relationship is concerned regarding the registration of domain names, we conduct the procurement of the desired domain only. For the actual allocation of the domain name, the customer can only expect it if this is confirmed by us. We do not have any influence over the allocation of the domain. A liability and warranty for the actual allocation of ordered domain names is therefore excluded.
3.2 We guarantee an annual average of 99% network availability for the infrastructure of our computer center. If the security of the power supply network or the maintenance of network integrity is in jeopardy, we can temporarily restrict access to the service as required.
3.3 The services offered are those valid at the time of the order based on the offer information, the order form and the applicable monthly special offers.
3.4 If the customer wishes to be registered with search engines (online search engines of Internet content), we are only responsible for mediation. The operators of the search engines are solely responsible for the date and time of the admission to the search engine.
3.5 Technical limitations are regulated by the System Policies, which can be accessed or requested from ======INDIVIDUAL SERVICES POLICIES ======.
4. Data integrity
4.1 Where data is transmitted to us, the customer is to back up their data regularly. The server will be backed up regularly by us when this is part of the offer. In the case of data loss, the customer must transfer the respective databases to us again free of charge.
4.2 The customer is obliged to carry out a complete data backup before any changes are made.
4.3 The customer will receive an user ID and password for security purposes. This must be kept confidential. The client will be held liable for any malpractice resulting from the unauthorized use of the password. If the customer becomes aware that unauthorized third parties know the password, they have to inform us without delay. If the customer is at fault for third-party password abuse, the customer will be liable for all user fees and damages. In suspicious cases the client is able to request a new password, which we then send on to the clients.
5.1. AiOEX and its employees are subject to the secrecy of communication in accordance with § 93 TKG 2003 and the duties of secrecy as laid down by the data protection law (DSG); this also applies following the conclusion of activities that gave rise to the duty of secrecy. No personal details or user data are seen. Even the mere fact of an exchange of messages having taken place is subject to the duty of secrecy, as are unsuccessful connection attempts.
5.2. The customer may object to the processing of personal data. This shall not prevent any technical storage or access for the sole purpose of carrying out or facilitating the transmission of a message via the communication network of AiOEX or to provide a customer with the service he/she has ordered. Routing and domain information must be passed on accordingly.
5.3. On the basis of the data protection law (DSG) and the 2003 Telecommunications Act (TKG), the contractual partners agree to store, process or pass on master data only within the framework of the provision of services and only for the purposes laid down in the agreement. Such purposes are: the conclusion, execution, modification or termination of the contract with the customer, settlement of charges, creation of subscriber directories or granting of information to emergency service providers according to § 98 TKG 2003. Insofar as AiOEX is obliged to disclose information in accordance with the TKG in its applicable version, AiOEX will fulfil this legal obligation.
5.4. On the grounds of § 92 Par. 3 item 3 and § 97 (1) TKG 2003, AiOEX is authorised to ascertain and process the following personal master data of the customer and participant: first name, last name, academic degree, residential address, date of birth, company, e-mail address, telephone and fax numbers, other contact information, creditworthiness, information concerning the type and content of the contractual relationship, payment arrangements and payment receipts as an illustration of the contractual relationship.
5.5. In accordance with § 97 Par. 2 TKG, master data will be deleted by AiOEX upon termination of the contractual relationship with the customer, at the latest, unless this data is still required for invoicing or charging processes, processing of complaints or fulfilment of other legal obligations.
5.6. As a rule, access and connection data is deleted by AiOEX immediately, unless this data is still required for technical or billing purposes.
5.7. No content data is stored by AiOEX. If short-term storage is necessary for technical reasons, AiOEX will immediately delete any stored data once the reasons for storage have elapsed. If the storage of contents is a feature of the service to be rendered, AiOEX will delete the relevant data immediately after delivering this service.
5.8. Furthermore, in the case of payment by credit card, the customer grants his/her consent that all invoicing details be communicated to the relevant credit card institute in the necessary format.
5.9. The customer authorises AiOEX to include his/her name or company in a reference list, which may also be published on the website of AiOEX. This consent can be revoked in writing at any time.
5.10. The customer agrees to receive advertising and information from AiOEX relating to products and services of AiOEX and its business partners via e-mail in an appropriate volume. The customer’s details, including his/her name and e-mail address, remain solely with AiOEX. The customer can revoke his/her consent at any time. AiOEX will grant the possibility to the customer in each advertising e-mail to reject the receipt of any further messages.
5.11. AiOEX will take all reasonable and technically feasible measures to protect the stored data in line with the data security provisions of the Data Protection Act (DSG). If a third party unlawfully obtains power of disposal over data saved with AiOEX or reuses such data, AiOEX shall only be held liable to the customer in the case of wilful or grossly negligent behaviour. In amendment to the above, the following applies for consumer transactions: AiOEX shall not be held liable if AiOEX or a person acting on its behalf has caused property damage due to slight negligence.
6. Published Content
6.1 It is the customer’s responsibility to identify the Internet content as their own or as third-party content. The customer’s full name and address must be present. Further obligations may result from the provisions of the Telecommunications Act and Teleservices Act. The customer is obliged to examine these provisions and to comply with them.
6.2 The client undertakes not to publish content that may violate the rights of third parties or otherwise violate the law. The placement of erotic, pornographic, extremist material or material not deemed in good taste is not permitted. We are entitled to block access to the account of any customer who violates this.
The same applies in the event that the customer publishes content which is capable of violating the rights of individuals or groups of people, or that insults or denigrates these people. This applies even without an actual legal claim. We are not obligated to review our customers’ content.
6.3 The sending of spam mail is forbidden. This includes in particular the sending of illegal, unsolicited advertising to third parties. With regards to the sending of Emails, it is forbidden to provide false sender information or to conceal the identity of the sender by other means. We are entitled to block the access if it is not respected.
7. Warranty; liability and exclusions of liability
7.1. The warranty period is different based on our services. For CloudHosting Service warranty is valid till the end of the period which customer has paid for. Regarding SSL Certificates and Other Security software AiOEX is not responsible for the quality of the service and warranty should be provided by the Main SSL/Software/Developer Company. Domain names warranty is provided by the main registerar and AiOEX is not responsible for any issue in .TLD level problems. In the case of hire-purchase transactions with consumers, this period is extended until the due date of the last instalment, whereby the customer retains the right to assert his/her warranty claims if he/she has notified AiOEX of the relevant defect by this time.
7.2. AiOEX will remedy defects covered by warranty at its discretion either by making improvements or by providing replacement goods/services. Price reductions are excluded. Warranty claims require the customer to notify AiOEX of the defects within 2 working days in writing and in detail. This item does not apply to consumer transactions. The right of recourse according to § 933b AGBG is excluded.
7.3. AiOEX does not guarantee that the server and software ordered by the customer will meet all of his/her requirements or that software will be compatible with other programs of the customer. Moreover, AiOEX does not guarantee that programs will run continuously and without error or that it will be possible to rectify all errors that may occur. In the case of entrepreneurs, the warranty is limited to reproducible (continuously repeatable) faults in the program function. If technologically necessary software updates on the part of AiOEX result in incompatibilities on the customer side, any claims for compensation against AiOEX are excluded.
7.5. In delivering its services, AiOEX endeavours to ensure utmost care, reliability and availability. For technical reasons, however, it is not possible for these services to remain accessible without interruption, for the desired connections to remain intact at all times or for stored data to be retained in all circumstances. AiOEX accepts no liability for this, unless having acted wilfully or with gross negligence. Any other exclusions or limitations of liability remain unaffected.
7.6. Services may be limited or interrupted in the case of force majeure, strikes, restrictions of the services of other network operators or during repair and maintenance work. As a result, the constant availability of the contractual services delivered by AiOEX cannot be assured and is beyond AiOEX’s control. AiOEX is not liable for such outages, unless caused wilfully or by gross negligence. In all other respects, the general limitations of liability apply. Warranty claims of consumers for service interruptions within the sphere of control of AiOEX or its commissioned third parties remain unaffected.
7.7. IP connectivity with other network operators is established on the basis of feasibility. Any liability for problems attributable to third-party networks is precluded. The use of other networks is subject to the usage restrictions of the relevant operators (acceptable use policy). In the case of unreasonably long interruptions or unacceptable restrictions, the right of the consumer to terminate the contract on serious grounds remains unaffected.
7.8. The customer acknowledges that, in the case of attacks on its systems, AiOEX is entitled to block customer services temporarily without entitling the customer to any claims.
7.9. It is emphasised that any warranty claims on the part of consumers remain unaffected by the above provisions.
7.10. In general, AiOEX’s liability under this contract shall be excluded for minor negligence as well as for consequential damage and loss of profit. By way of derogation from the above, AiOEX shall not be held liable for minor negligence, except in the case of personal injury.
7.11. The customer is obliged to immediately inform AiOEX of any interruption or failure of contractual telecommunication services or devices so that AiOEX can rectify the problem, where contractually obliged to do so, before the customer instructs other companies to resolve the issue for whatever reason. If the customer violates this duty of notification, AiOEX accepts no liability for resulting damages or expenses of the customer (e.g. costs for a third-party company hired by the customer). If checks conducted by AiOEX fail to uncover a fault on the part of AiOEX, the customer is required to reimburse AiOEX for any resulting effort, based on the hourly rate for ISP services specified in the price list, along with any cash expenses.
7.12. AiOEX exercises due care in the case of firewalls installed, operated or monitored by AiOEX, but stresses that absolute security and full functionality of firewall systems cannot be guaranteed. Therefore, AiOEX accepts no liability for problems resulting from installed, operated or monitored firewall systems being circumvented or rendered inoperable, unless caused wilfully or by gross negligence on the part of AiOEX. In addition, spam and virus filters do not operate flawlessly at all times; the customer also acknowledges that the function of spam and virus filters may impact upon his/her e-mail traffic without any error messages being displayed.
7.13. Where possible, AiOEX will endeavour to plan maintenance work or changes to the server at least seven days in advance if this work or the changes are likely to affect the availability of the server or if advance notice is deemed necessary for any other reason. The customer must keep up-to-date on planned maintenance work in the Control Panel of AiOEX; here the customer is provided with information as to the exact times when maintenance work is scheduled. Service outages during necessary maintenance or repair work and downtimes during agreed maintenance windows do not constitute grounds for claims against AiOEX, provided AiOEX is not at fault for the outages. In this case, liability for slight negligence is excluded in accordance with the general liability regulations of this agreement (with the exception personal injury to consumers).
8. Terms of payment, price changes and payment conditions
8.1. AiOEX charges one-off or ongoing fees in accordance with the service description, tariff provisions or order form. Except where otherwise indicated, all prices are exclusive of statutory value-added tax; consumers are provided with gross prices. Prices do not include costs for internet access.
8.2. AiOEX reserves the right to change prices in response to any change to the costs relevant for the calculation. If discounts on the standard price list were agreed with the customer, the customer will not benefit from any price reductions, unless expressly agreed otherwise. In the case of consumers, the following applies: Depending on the product, the charges comprise, in particular, the server costs, costs for the server housing and associated services, energy costs, personnel costs, occupancy costs, fees and taxes as well as domain costs charged by the relevant registry; if the underlying costs should change, the charges will increase or decrease accordingly; in the case of consumers, however, the latter only applies if the underlying costs have changed as a result of circumstances over which AiOEX has no influence; moreover, charges payable by consumers cannot be increased for services to be delivered within a period of one month following the conclusion of the contract. This also applies to any alteration or introduction of taxes and other public levies that affect the calculation of charges.
8.3. The cancellation right of the customer that exists in the case of price changes in accordance with § 25 Par. 3 TKG 2003 is precluded if prices are reduced or if prices are adjusted according to an index stated in the price list or otherwise agreed. If discounts were agreed with the customer, the customer will not benefit from any price reductions, unless expressly agreed otherwise (and in writing in the case of entrepreneurs).
8.4. Unless expressly agreed otherwise and – except in the case of consumers – confirmed in writing, all charges are payable in advance. Payments must be made promptly upon receipt of invoice and without deductions.
8.5. In case of delays in payment, AiOEX is entitled to charge the customer all costs of necessary prosecution and processing fees, as well as interest on payments in arrears of 10% per year or per month depending on the service, calculated from the day of the delayed payment. Payment reminders are issued via e-mail without charge. In the case of written reminders sent by post, AiOEX will charge reminder fees in the amount of €10.00.
8.6. Offsetting against claims outstanding against AiOEX and the retention of payments due to customer claims not recognized as such by AiOEX is not permitted. In the case of consumers, the following applies: Set-off with outstanding claims against AiOEX is only possible if AiOEX is insolvent, the reciprocal claims are legally connected or the counterclaim of the customer is legally asserted or recognized by AiOEX.
8.7. The right of the customer to refuse his/her contractual performance according to § 1052 AGBG in order to effect or secure counter-performance, and his/her rights to refuse performance are generally excluded. The above does not apply for consumer transactions.
8.8. The customer must raise any objections to the invoiced amounts within 14 days of the invoice date, otherwise the invoice shall be deemed approved. AiOEX will inform consumers of this time limit and the legal consequences of non-compliance.
8.9. If, following a review by AiOEX, the customer’s objections are deemed to be unjustified, the customer must initiate arbitration proceedings with the regulatory authority (Rundfunk- und Telekom-Regulierungs GmbH) within 1 month of receipt of AiOEX’s response to avoid losing the right to raise objections and, following a failure of the arbitration proceedings, must take legal action within another month.
8.10. If the customer does not wish to initiate arbitration proceedings, he/she has the right to take legal action within three months of receipt of AiOEX’s response, otherwise the customer will lose the right to raise objections. AiOEX will inform consumers of the time limits specified here under 8.8 and 8.9 as well as the legal consequences of non-compliance.
8.11. Objections do not affect the due date of the invoice amount. However if the dispute is brought before the competent regulatory authority (Rundfunk- und Telekom-Regulierungs GmbH) for arbitration, the due date of the disputed charges will be deferred until such time that the dispute has been settled. In this case, however, an amount corresponding to the average of the last three undisputed invoice amounts will be due immediately.
8.18. If an error is identified that could have been detrimental to the customer, and if the accurate charges cannot be determined, the customer must pay charges corresponding to the average of the last three invoice amounts or, if the business relationship has not been in place for three months, to the last invoice amount.
8.13. The customer is liable for all payment demands resulting from the use of the provided service or of the customer’s login data (incl. by third parties), insofar as the customer is at fault for this misuse.
8.14. AiOEX will elect to send the customer invoice by post or e-mail or will make it available for download by the customer in the Control Panel via a link. The customer invoice (remuneration statement) contains the following details: customer name, customer address, invoice date, customer number, invoice period, invoice number, charges for monthly fixed services, for variable services, for one-off fixed services, total amount excluding VAT, VAT, total amount including VAT, as well as any discounts granted.
8.15 The current valid prices are accessible at any time at https://store.aioex.com.
8.16 Depending on the contractual agreement, a monthly, quarterly and annual and or time payment depending on the purchased service(s) will be issued. Monthly payments are conducted solely by issuing a debit authorization. All other payments are carried out through issuing an invoice. Payment is due immediately upon receiving the invoice.
8.17 We are entitled without warning to deduct default interest on all overdue payments as indicated on the invoices.
If the client is a consumer/end-user, the amount of interest charged will be 5 percentage points above the base rate. If the client is a contractor/business, the interest charged will be 8 percentage points above the base rate.
8.18 We are also entitled, in case of default -or- delayed payments, to block the internet presence of the customer and to block all other functions.
8.19 Invoices are sent by Email as attachments, on request with qualified signature. To receive invoices by ordinary post we are entitled to charge a reasonable service fee. For retrospective changes to invoices, which come about due to no fault of ours, we are entitled to charge a reasonable service fee.
9. Regulations for .COM/.NET/.ORG/.INFO/.BIZ/all other ICANN domains
AiOEX is a registrar for the top-level domain names .COM and .NET. The ICANN “Uniform Domain-Name Dispute Resolution Policy” (UDRP) applies http://www.icann.org/en/dndr/udrp/policy.htm
When the customer registers a .COM and/or a .NET domain, he/she undertakes to indemnify and hold harmless the .COM/.NET registry, VeriSign, Inc., and its directors, executive staff, employees, representatives and subsidiaries from all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenditure, resulting from or relating to the registered domain owner.
The fee for restoring (reactivating) a domain previously deleted due to cancellation (redemption period) is EUR 100.00, excl. VAT.
The customer acknowledges that the contract between the customer and registry does not end automatically upon termination of the contract with AiOEX; rather, the customer must cancel this contract with the registry himself/herself, unless otherwise expressly agreed upon (and in writing in the case of entrepreneurs) between AiOEX and the customer.
Therefore, with regard to the domain, the general terms and conditions of nic.at (available at www.nic.at) or the relevant registry apply; these can be supplied by AiOEX at the customer’s request.
AiOEX is not obliged to check the legal permissibility of the domain, such as with regard to protected trademarks or names, but has the right to refuse the domain registration in the case of concerns. The customer agrees to observe the relevant legal provisions and, in particular, not to infringe anybody’s rights to a name or trademark and will completely indemnify and hold harmless AiOEX in this respect.
These provisions apply accordingly in the case of domain transfers. If the transfer fails for reasons not attributable to AiOEX or if automated processing is not possible, the customer is still required to pay the relevant charges. Any additional effort on the part of AiOEX must be reimbursed by the customer in the form of a separate payment.
The customer must notify AiOEX of a transfer and cancel the contract with AiOEX subject to the applicable notice period and payment of any charges for the remaining term. Except with Nic.at, the domain is cancelled upon termination of the contract between the customer and AiOEX in any case; the customer must therefore take necessary steps himself/herself to ensure that the domain is transferred in good time.
10. Cancellation terms
10.1 Right of withdrawal
You have the right to withdraw from your CloudHosting Service contract within fourteen days without giving any reason. The withdrawal period will expire after fourteen days from the day of the conclusion of the contract. To exercise the right of withdrawal, you must inform us (https://clients.aioex.com/submitticket.php -or- https://aioex.com/contact/) of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax, Email or via the secure online administrations interface). You may use the 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.
10.2 Consequences 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 thirty 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.
If you requested to begin the performance of service 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.
11. Responsibility of the customer for content and usage
11.1. The customer must not store any illegal content or information on the server, nor must the customer refer to or provide links to illegal content offered by the customer or third parties in any form whatsoever. The customer undertakes to indemnify and hold harmless AiOEX in the case of violations. This also applies to any other form of improper use. AiOEX is neither authorised nor obligated to check customer content stored on or transported via the server. AiOEX is not liable for this content, even if access to this content is provided via a link on AiOEX homepage. Should any claims be made against AiOEX, the customer undertakes to completely indemnify and hold harmless AiOEX.
11.2. The customer acknowledges the provisions of the 2003 Telecommunications Act (TKG) in its current version as well as the duties of owners of end devices specified therein. The customer undertakes to observe the specifications of the 2003 Telecommunications Act and the relevant telecommunications standards as well as all other legal provisions. The customer is expressly advised of the regulations of the Pornography Act (PornoG), the Prohibition Act (VerbotsG) and the relevant criminal laws, whereby the dissemination, distribution and exhibition of specific content is subject to legal restrictions or prohibited. The customer undertakes to observe these statutory provisions and assume sole responsibility for compliance with these provisions from AiOEX. The customer undertakes to indemnify and hold harmless AiOEX if any claims are made against AiOEX under civil or criminal law, before court or out of court, due to content circulated by the customer; this includes, in particular, private prosecution on grounds of defamation, offence or discredit, proceedings in accordance with the Media Law (MedienG), the Copyright Act (UrhG), the Trademark Act (MarkenSchG), the Act Against Unfair Practices (UWG) or on grounds of defamation of character and/or discredit under civil law. If claims of this nature are brought against AiOEX, it shall be at the sole discretion of AiOEX to decide how it reacts, without entitling the customer responsible for the content to raise a plea of insufficient legal defence – except where AiOEX is guilty of gross negligence.
11.3. The customer must not use the contractual services in a manner that will impair third parties or jeopardise the security or operation of AiOEX or other parties; failing this, the customer will indemnify and hold harmless AiOEX. The customer also acknowledges that excessive data transfer may overload the server, which then may cease to function. Any claims against AiOEX in this regard are excluded. The customer further undertakes to inform AiOEX, immediately and in full, in the event that claims are brought against him/her, either in court or out of court, as a result of his/her use of the contractual services. The customer undertakes to keep utilised software up-to-date at all times, insofar as this has security-related implications.
11.4. The customer acknowledges that no unlimited obligation exists on the part of AiOEX to provide data transport or connection of the server to the internet. In any case, AiOEX is under no equivalent obligation if it would otherwise leave itself open to legal prosecution. The customer also acknowledges the provisions of the E-Commerce Act (ECG) and the Copyright Act, whereby AiOEX is authorised and obligated to disclose information relating to the customer under specific circumstances (part. § 18 ECG). AiOEX will endeavour to observe and comply with the “General rules regarding liability and duty of disclosure of internet service providers”, as published by ISPA (Internet Service Providers Austria) and available at www.ispa.at.
11.5. The customer is obliged to secure his/her connection, end devices and login data against unauthorised use and access. The customer acknowledges that the saving of passwords, login data and other secret information on the hard disk of a PC is not secure. The customer also understands, that accessing data on the internet can transfer viruses, trojans or other components to the customer’s end device, which in turn can have a negative impact on the customer’s data or result in the unauthorised use of his/her login details. The customer also acknowledges that such actions can be performed by “hackers”. AiOEX accepts no responsibility for this, unless having acted wilfully or with gross negligence. Resulting claims for remuneration must be settled by the customer (unless AiOEX is at fault). The customer is obliged to notify AiOEX immediately of any suspicion that his/her login data or other secret information may have been obtained by unauthorised third parties. In any case, the customer is liable for damages incurred by AiOEX as a result of inadequate protection of login data on the part of the customer, transfer of data to third parties, failure to notify AiOEX in a timely manner of any suspicion that data may have been obtained by unauthorised third parties as well as failure to secure end devices and systems.
11.6. The customer must not search for data of other customers of AiOEX or of AiOEX itself that is not intended for the customer’s knowledge, nor must the customer pass on, sell or otherwise utilise this data or information on how to access it. Should the customer encounter data that is not intended for his/her knowledge or obtain information on how to access this data, the customer must notify AiOEX immediately and maintain confidentiality at all times.
4.1. The customer must not install, use or otherwise employ any software on the server (except in the case of root servers) other than that provided to the customer as part of this agreement or for which special and – except in the case of consumers – written approval was granted. The customer undertakes to indemnify and hold harmless AiOEX in the case of violations.
12.2. AiOEX reserves the right to deactivate installed software at short notice and without prior announcement if it is deemed to endanger operational reliability or data security. The customer will be informed of any deactivation by letter, fax or e-mail.
12.3. In any case, the customer must ensure that any programmer which he/she employs do not cause any faults. Faults that impair the equipment or services of AiOEX constitute just cause for immediate contract termination or cessation/deactivation of services on the part of AiOEX.
12.4. If the customer chooses to access the server externally, this must be done using suitable software to be procured by the customer. If offered by AiOEX, AiOEX is able to provide the necessary software subject to a separate payment and – except in the case of consumers – written agreement. In this case, the customer is granted non-exclusive usage rights for the software; strict compliance with the software license conditions is required; the customer undertakes to indemnify and hold harmless AiOEX in the case of violations; a copy of the licence conditions can be provided at the customer’s request.
13. Queries and complaints
Queries and complaints should be addressed to AiOEX GmbH, CEO Ali Chakeri, Wittmayergasse 11/1/25, Vienna, Austria.
Additional Important Notices :
1- To use AiOEX Services, the customer also agrees to other AiOEX Service-Based Terms of Service which are listed below :
– Domain names
– Dedicated Servers
– Cloud Hosting
– SSL Certificates
2- AiOEX reserves the right to modify the Terms and Conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement. Although AiOEX will inform you regarding any changes in its terms and conditions but you are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
3- The provisions of these Terms and Conditions are intended to be severable. If for any reason any provision of these Terms and Conditions shall be held invalid or unenforceable in whole or in part in any jurisdiction, such provision shall, as to such jurisdiction, be ineffective to the extent of such invalidity or unenforceability without in any manner affecting the validity or enforceability thereof in any other jurisdiction or the remaining provisions hereof in any jurisdiction.
Status: 09 January 2017.
4- AiOEX is a company established in Wien, Austria. As such, the laws of the province of Wien and Austria will govern the terms and conditions, without giving effect to any principles of conflicts of laws. AiOEX reserves the right to make changes to its site and these terms and conditions at any time. User hereby irrevocable and unconditionally consents to submit to the exclusive jurisdiction of the courts of Austria for any litigation arising out of or relating to use of AiOEX Services, waives any objection to the laying of venue of any such litigation in the courts of Austria, and agrees not to plead or claim in any court of Austria that such litigation brought therein has been brought in an inconvenient forum.