AGB and data protection
General Terms and Conditions of my-business-address.at the company Oblak & Partner GmbH u. Co KG. offers its customers rental options for company and business addresses. In order to define the associated rights and obligations of the contract of both parties, the following general terms and conditions apply:
I Scope of services
(1)Oblak & Partner GmbH u. Co KG shall provide the services of the agreed tariff within the scope of the client’s business operations. The scope of services in detail results from the service selected in the contract.
<(2) Oblak & Partner GmbH & Co KG shall be entitled to subcontract all duties to third parties, as long as this third party complies with the interests of the client and has the same data protection and confidentiality standards as Oblak & Partner GmbH & Co KG.
(3) Oblak & Partner GmbH & Co KG shall be entitled to subsequently change or supplement the service description upon written notification. If this is to the disadvantage of the customer, he is entitled to make use of his extraordinary right of termination within one month (from the date of delivery of the notification of change). Otherwise, the amendment shall be deemed accepted. This period shall be pointed out in this notification. The changes shall not become effective before the expiry of the one-month period.
II Commencement of contract
(1) The contractual relationship shall commence on the agreed date, at the latest with the payment made. Oblak & Partner GmbH u. Co KG shall send the Client an order confirmation in writing. This contains the rental agreement, insofar as this has not already been sent to the client with the offer.
(2) Oblak & Partner GmbH u. Co KG reserves the right to check the identity of the client or his legal representative(s). (Presentation of identity card, Post-Ident procedure)
III Obligations of the client
(1) The client undertakes not to violate legal provisions – of whatever kind – through the services of Oblak & Partner GmbH u. Co KG, in particular bogus companies.
(2) The client undertakes to notify Oblak & Partner GmbH u. Co KG without delay of any changes to its address, account details, legal form of statutory or legal representation, or other material circumstances or relations of its company.
(3) If the client does not fulfil one of its obligations, Oblak & Partner GmbH u. Co KG shall have the right to disclose to third parties that it is acting as an external service provider for the client, for the protection of its own interests, in particular the protection of its employees.
IV Fee for services
(1) The fee shall be based on the respective contractually agreed tariff. It consists of a monthly basic fee for the provision of the services and any additional services. The prices of Oblak & Partner GmbH u. Co KG in its respective valid version shall apply. All prices are exclusive of the respective statutory value added tax.
(3) The basic fee remunerates the provision of the technical and organisational infrastructure for the services of Oblak & Partner GmbH u. Co KG. This is due in advance at the beginning of a billing period.
(4) Oblak & Partner GmbH u. Co KG reserves the right to change service charges. In particular if it itself receives price increases from third parties. (e.g. fixed network operators, mobile network operators) or is exposed to other cost factors which affect the normal business.
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(5) de Oblak & Partner GmbH u. Co KG shall notify the client in writing of any changes in fees. If this is to the disadvantage of the client, he is entitled to make use of his extraordinary right of termination within one month (from the date of delivery of the change notification). Otherwise, the change shall be deemed accepted. This period shall be pointed out in this notification. The changes shall not become effective before the expiry of the one-month period.
V Transfer, deposit, default, reimbursement of expenses
(1) The client shall transfer to Oblak & Partner GmbH u. Co KG the service fee and an agreed deposit in advance.
(2) In justified exceptional cases Oblak & Partner GmbH u. Co KG shall be entitled to demand an increase in the deposit (e.g. change of address)
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(3) In the case of commissioning by a corporation or a commercial partnership with limited liability, Oblak & Partner GmbH u. Co KG can demand the debt assumption of a natural person in addition to the provision of a deposit.
(4) If the client falls into arrears with payment for services, Oblak & Partner GmbH u. Co KG has the right, in particular the right to claim interest on arrears and the right to terminate the services after giving appropriate notice. The obligation to pay any basic fees shall also remain in force in this case. The client shall be charged a flat rate of € 15.00 each for reminders required after the occurrence of default.
(5) If Oblak & Partner GmbH u. Co KG is obliged by law or on the basis of a legally binding court decision to provide third parties with information about the subject, type or scope of the contractual relationship (e.g. vis-à-vis investigating authorities), this expense allowance shall be calculated at €40/st. The client is free to prove that such expenses did not arise at all.
VI Objections against the service fee
(1) Any objections of the client with regard to the service fee must be made in writing directly to Oblak & Partner GmbH u. Co KG within eight weeks of receipt of the invoice. The invoice shall be deemed approved if the client has not objected to it within this period. Legal claims shall remain unaffected.
(2) As long as Oblak & Partner GmbH u. Co KG does not recognise the objection as justified, the payment obligation shall remain in force. In particular, the Client is not entitled to claim back amounts already paid (return debit note).
(3) The Client shall only be entitled to assert a right of retention or a right to refuse performance on the grounds of undisputed counterclaims or counterclaims that have been established by a court of law. The client may only exercise a right of retention if his counterclaim is based on the same contractual relationship.
VII Data protection
Oblak & Partner GmbH u. Co KG collects, stores and processes personal data within the framework of the contractual relationship in accordance with the statutory provisions.
VIII Liability
(1) In the event of damage, Oblak & Partner GmbH u. Co KG shall only be liable – irrespective of the legal grounds, both contractual and non-contractual – if Oblak & Partner GmbH u. Co KG has caused the damage intentionally or by gross negligence or if the damage is attributable to the breach of an obligation of Oblak & Partner GmbH u. Co KG. In the event of a breach due to simple negligence, the liability of Oblak & Partner GmbH u. Co KG shall be limited to the typical and foreseeable damage according to the contractual relationship. This amount is limited to three times the monthly turnover paid to date by the client. Oblak & Partner GmbH u. Co KG shall not be liable for indirect damage in the event of a simple negligent breach of cardinal obligations, in particular for loss of profit.
(2) Claims for damages against Oblak & Partner GmbH u. Co KG must be asserted by the client within 6 months of knowledge of the justifying circumstances. This shall not apply in the case of injury to life, body, health and freedom as well as in the case of liability due to intent.
(3) Insofar as the liability of Oblak & Partner GmbH u. Co KG is excluded or limited in accordance with the above provisions, this shall also apply to the liability of the employees, representatives as well as vicarious agents of Oblak & Partner GmbH u. Co KG.
IX Termination, changes to the tariff or the GTC
(1) The rental agreement shall run for an indefinite period. The tenancy agreement may be terminated at the end of 3 months with effect from the end of the month, subject to the period of notice specified in the tenancy agreement. The right to extraordinary termination for important reasons remains unaffected.
(2) Die Oblak & Partner GmbH u. Co KG ist zur fristlosen Kündigung aus wichtigem Grund berechtigt, wenn:
– der Auftraggeber seine bei Vertragsabschluss angegebene Anschrift ändert und dies der Oblak & Partner GmbH u. Co KG nicht innerhalb von 14 Tagen mitteilt
Die Zahlung des Entgeldes an die Oblak & Partner GmbH u. Co KG den Kautionsbetrag erreicht
wenn Geschäfte des Auftraggebers gegen die guten Sitten oder ein gesetzliches Verbot verstößt,
über das Vermögen des Auftraggebers das Insolvenzverfahren eröffnet worden ist.
(3) Die Kündigung durch den Auftraggeber ist entweder schriftlich an die Oblak & Partner GmbH u. Co KG, Absbergasse 29/1, 1100 Wien oder per E-Mail an info@meine-geschäftsadresse zu senden. In allen Fällen erhält der Auftraggeber eine Kündigungsbestätigung.
(4) Eine Kündigung durch die Oblak & Partner GmbH u. Co KG erfolgt in schriftform. Diese Kündigung gilt auch dann als zugegangen, wenn an die vom Auftraggeber benannte nicht zugestellt werden konnte oder nicht entgegengenommen worden ist.
(5) Wenn der Auftraggeber die Dienste der Oblak & Partner GmbH u. Co KG nicht in Anspruch nimmt, ist dies keine Kündigung.
(6) Oblak & Partner GmbH u. Co. KG may subsequently amend the General Terms and Conditions and is obliged to notify the Client thereof in writing. Objection shall be valid within one month after delivery of the notification.
X Transfer of contract, applicable law, place of jurisdiction
(1) Oblak & Partner GmbH u. Co KG is entitled to transfer its rights and obligations from the contract to a third party, insofar as legitimate interests of the client do not oppose this. In the event of a transfer of the contract, the client is entitled to terminate the contract without notice. This right expires one month after receipt of the notification. Before expiry of the one-month period, the transfer of the contract shall not become effective.
(2) These GTC are exclusively the binding version in the German language. Only this version is authoritative for the content of these GTC and the rights and obligations. Versions in other languages are for information purposes only.
(3) The legal relationship between Oblak & Partner GmbH u. Co KG and the client shall be governed exclusively by the law of the Republic of Austria.
(4) The place of performance for all contractual claims of the parties and the place of jurisdiction for legal disputes shall be the registered office of Oblak & Partner GmbH u. Co KG .
(5) If provisions of these General Terms and Conditions become invalid in whole or in part, this shall not affect the validity of the remaining provisions. The parties undertake to agree on an appropriate provision in place of the invalid provision.