General terms and conditions www.semergy.net – May 20161. General Principles / Scope
1.1 All legal transactions between the Principal (semergy.net user) and the Agent (semergy.net) shall be subject to these General Terms and Conditions exclusively. The version valid at the time the Contract is concluded shall be applicable.
1.2 These General Terms and Conditions shall also apply to any future Contractual relationships even if these General Terms and Conditions are not expressly referred to in collateral Contracts.
1.3 Any conflicting General Terms and Conditions on the part of the Principal shall be invalid unless they have been explicitly accepted in writing by the Agent.
1.4 If any provision of these General Terms and Conditions is or becomes invalid, the other provisions and any Contracts concluded pursuant to these provisions shall not be affected thereby. The invalid provision shall be replaced by a provision which best corresponds to the intention and economic purpose of the invalid provision.
2. Scope of Services
2.1 The scope of services offered on semergy.net includes: (i) forms for capturing the building geometry, building location, building constructions (exterior walls, roof, etc.), and heating system, (ii) calculation of the heating demand based on user input, (iii) identification of suitable renovation measures in the categories external walls, roof, top floor slab, ground floor slab, basement walls, doors, and windows, (iv) interactive selection of calculated renovation options based on investment costs, sustainability and energy requirements, and (v) creation of a PDF report summarising the data provided by the user and the renovation recommendation.
3. Principal’s Obligation to Provide Information / Declaration of Completeness
3.1 The Principal shall ensure that the Agent (semergy.net) receives all data necessary for performing the service (entering the information required to calculate the heating demand) timely manner and without special request.
4.1 The Principal will receive the final SEMERGY report as a PDF document immediately after entering all required information.
5. Protection of Intellectual Property
5.1 The Agent (semergy.net) shall retain all copyrights to any work done by it and by persons working for it and by third parties employed by it (particularly the SEMERGY report). During the Contract period and after termination thereof, the Principal may use these materials exclusively for the purposes described under the Contract. Therefore, the Principal shall not be entitled to copy or distribute these materials without the Agent’s explicit consent.
5.2 Any violation of this provision by the Principal shall entitle the Agent (semergy.net) to prematurely terminate the Contract and to enforce other legal claims, in particular for restraint and/or damages.
6.1 The Agent (semergy.net) shall be entitled and obligated, regardless of fault, to correct any errors and/or inaccuracies in its work which have become known subsequently. The Agent shall immediately inform the Principal thereof.
6.2 This right of the Principal expires two months after completion of the respective service.
7. Liability / Damages
7.1 The Agent (semergy.net) shall not be liable to the Principal for an damages resulting from the use of semergy.net. The services provided on semergy.net are for informative purposes but are no substitute for onsite expert service and make no claim for completeness. Furthermore, the measures recommended on semergy.net do not claim to be either correct or complete.
8. Confidentiality / Data Protection
8.1 The Agent (semergy.net) shall not be liable to the Principal for an damages resulting from the use of semergy.net. The services provided on semergy.net are for informative purposes but are no substitute for onsite expert service and make no claim for completeness. Furthermore, the measures recommended on semergy.net do not claim to be either correct or complete.
8.2 When using the cost-free versions SEMERGY Refurbishment Standard and SEMERGY New Building Standard the Principal (user, customer) agrees that his/her personal data as well as entered and computed project data is forwarded to associated partner companies (see Section Partners on semergy.net) for marketing, sales and consultant purposes.
9.1 SEMERGY Refurbishment Standard and SEMERGY New Building Standard are free of charge.
9.2 Before completion of the services agreed upon (in case of SEMERGY Refurbishment Professional and SEMERGY New Building Professional), the Agent (semergy.net) shall receive remuneration agreed upon in advance between the Principal and the Agent (semergy.net). Remuneration shall be due and payable before the service is rendered by the Agent.
9.3 CIS shall render accounts which entitle to deduct input tax and contain all elements required by law.
9.4 Reimbursement can only be granted for semergy.net licences not yet utilised. The application for reimbursement is to be sent to semergy.net via email within 5 business days (from the date of purchase). Reimbursement for SEMERGY calculations already started or completed is ruled out.
10. Electronic Invoicing
10.1 The Agent (semergy.net) shall be entitled to transmit invoices electronically to the Principal. The Principal agrees explicitly to accept invoices transmitted electronically by the Agent (semergy.net).
11. Duration of the Agreement
11.1 This Contract terminates with the completion of the project.
12. Map Services
semergy.net uses the external map services MapQuest/OpenStreetMap. Their end user licence agreements can be viewed by following the links below:
13. Final Provisions
13.1 The Contracting parties declare that all information contained herein is accurate and made in good conscience. They shall be mutually obligated to immediately inform the other party of any changes.
13.2 Modifications of and amendments to this Contract or these General Terms and Conditions shall be made in writing. This shall also apply to a waiver of this requirement of written form.
13.3 This Contract is governed by the substantive law of the Republic of Austria excluding the conflict-of-law rules of international private law. Place of fulfilment is the registered business establishment of the Agent (semergy.net): Vienna. Jurisdiction in all disputes is the court in the place where the Agent (semergy.net) is based: Vienna.
13.4 In the case of disputes out of this agreement that cannot be settled amicably, the contract parties mutually agree to consult mediators registered for out-of-court dispute settlements (ZivMediatG) who specialise in business mediation taken from the according list from the Ministry of Justice. Should the parties not come to an agreement over the choice of business mediators or the content, legal measures shall be taken one month from the date of failure of the negotiations at the earliest.
13.5 In the event of the absence, or abortion, of mediation, any initiated legal proceedings shall be governed by Austrian law. All required expenses resulting from a previous mediation, including particularly those for consulted legal counsel, can be invoked as prelitigation costs in a trial or arbitration as agreed upon.