A. Preamble

The web portal of “Wirtschaftsagentur Wien. Ein Fonds der Stadt Wien” (hereinafter referred to as Vienna Business Agency) which can be found at the Internet address www.wirtschaftsagentur.at provides information and services for Viennese businesses and international investors. The website consists of a central section dealing in detail with the individual business funding schemes offered by the City of Vienna, and where funding can be applied for online. If funding applications are submitted online, direct contact is established between the Vienna Business Agency and users of the website www.wirtschaftsagentur.at. 

The following General Terms and Conditions - Online (hereinafter referred to as GTC-Online) shall apply for all users taking advantage of the services offered on the Vienna Business Agency web portal (www.wirtschaftsagentur.at and any related sub-pages that are directly linked to the Vienna Business Agency web portal). These GTC-Online shall apply for all users, even if www.wirtschaftsagentur.at is accessed from outside of the Republic of Austria. They shall also be valid with regard to any future business transactions, even if explicit reference is not made to them. The GTC-Online shall also apply to users who were redirected or referred to the Vienna Business Agency web portal either from another website or in any other way. 

These GTC-Online shall apply to all services, primarily with regard to the provision of services, consultation services or, in particular, for services related to the processing of applications for funding. These GTC-Online shall apply for all business transactions, which are provided either in return for payment or free of charge, between the Vienna Business Agency and users of the Vienna Business Agency web portal. 

The GTC-Online shall constitute an integral part of any contractual agreement concluded between the Vienna Business Agency and the users of the Vienna Business Agency web portal. 

Any possible reference made on the part of users of the Vienna Business Agency web portal to their own general terms and conditions or to any other kind of contractual or business terms and conditions shall have no legal effect whatsoever, even in such cases in which the Vienna Business Agency does not explicitly express its objection to their inclusion. This shall also apply if the Vienna Business Agency provides goods and services to its users in accordance with a valid contractual agreement while being aware of conflicting conditions. 

These GTC-Online can be accessed from the Vienna Business Agency web portal under “Terms and Conditions” and at the office of the Vienna Business Agency during its normal business hours, Mo to Fr 8:30 a.m. to 3:30 p.m. and Fr. 8:30 a.m. to 2:00 p.m. On request, the Vienna Business Agency will provide a printed copy of these General Terms and Conditions to any interested party free of charge. 

B. Defined Terms

Funding: Assets (also referred to as e.g. grants, incentives) allocated by public authorities, which are awarded to a private legal entity by an administrative body or any other designated institution which has been authorised to award such funding – the pre-requisite for being awarded such funding is satisfying all requirements, both of a formal and material nature, specified by the awarding body. Applicants shall have no automatic legal entitlement, no matter in which form, to being awarded such aid. 

Online application: A procedure involving the submission of one or several applications for funding, in which potential funding candidates apply to be awarded such an incentive. To submit an online application for funding, it is first necessary for users to register in the Vienna Business Agency’s system. Secondly, users are required to provide personal details as well as company and project-related information to the Vienna Business Agency. 

The point in time in which the online application is considered formally filed with the Vienna Business Agency is the moment in which the online form is verified as having been received on the servers that are managed by the Vienna Business Agency’s Internet provider. This submission date, however, shall only be valid subject to the condition that the “Certificate of Application Authenticity” is received by the Vienna Business Agency within five working days, counted from the day the online application was submitted (this day is not included). Online applications, which have not been certified by an original document, are treated as if they were not submitted at all. 

C. Amendments to the General Terms and Conditions

Whenever a contract is concluded, and whenever any amendments are made to the GTC-Online, the Vienna Business Agency will hand over or transmit a copy of the GTC-Online by the user’s request at no charge. Amendments made to these GTC-Online as well as any changes made in the relevant descriptions or specifications applying to the services hereunder or to the provisions for payment shall be announced on the Home page of the Vienna Business Agency web portal at least one month prior to the time when such changes take effect. This shall not affect the regulations as laid down in § 25 (3) of the Telecommunications Act (TKG). 

The users of the Vienna Business Agency web portal will be expressly informed about any changes in the GTC-Online on the Home page of the Vienna Business Agency website. If the Vienna Business Agency knows the e-mail address of particular users, such users will also be informed about the change in the GTC-Online by a corresponding e-mail. This notification by e-mail may also be carried out, if the users have expressed their objection to receiving newsletters or e-mails used for advertising purposes as pursuant to § 107 of the TKG. The Vienna Business Agency shall have no legal obligation to find out the currently valid or working e-mail addresses of users. If users switch e-mail addresses or change e-mail addresses, which had previously been supplied to the Vienna Business Agency, then users must inform the Vienna Business Agency of such changes. If no such notification is sent to the Vienna Business Agency, then any failure to notify such user shall be at the expense of such user who failed to fulfil their duty of notification. 

Such amendments to the GTC-Online shall take legal effect after a period of four weeks following the notification of the users by e-mail or after a period of four weeks following the relevant announcement on the Home page of the Vienna Business Agency web portal. For those users who expressed their objections to the changes within the deadlines specified above – regardless of which way this is done – the GCT-Online version they originally accepted will remain valid. 

D. Authorisation

The Vienna Business Agency makes available to users individual access authorisation to a personalised area within the website, which is exclusively assigned to the particular user. The personal data and personal details on the individual users’ funding are stored in this area. All the data transmitted to the Vienna Business Agency by the users are stored on servers managed by one of the Vienna Business Agency’s Internet providers. The data stored on these servers are later copied onto the Vienna Business Agency’s servers, thus making them available to the relevant employees of the Vienna Business Agency for further processing. 

Use of “Online Submission of Applications” and thus the related services provided by the Vienna Business Agency, the transmission of any type of data and the use of the services provided by the Vienna Business Agency shall all take place at the user’s risk; i.e. the Vienna Business Agency shall assume no legal liability whatsoever in this regard.

E. Special Provisions Applying to Online Applications

1. General 

The services provided by the Vienna Business Agency relating to “Online Submission of Applications” are formalised. The provisions specified in this GCT-Online are binding for all users of the services mentioned above.

2. Registration

The users have the option to propose a user name of their own choice – unless this right has been expressly revoked by the Vienna Business Agency, which can be done without the Vienna Business Agency having to state any reasons for such a decision. This particular user name shall be accepted by the Vienna Business Agency unless it has already been assigned to another user (according to the principle: first come, first served) and/or unless it appears to be unlawful. 

Users are forbidden to make use of a user name of their own choosing which violates any trademark rights (e.g. the legal right to a name, trademark rights, etc.) or any other intellectual property rights, or to assume the identity of others without their express consent. 

The users are to supply their e-mail address to enable the establishment of a fast and appropriate contact with the Vienna Business Agency. Supplying the e-mail address is mandatory, as it is required for sending the users an automatically generated password. Such an automatically generated password only enables users to access the Vienna Business Agency web portal one single time. Following the successful login, which takes place by using this automatically generated password, the users are immediately required to choose a new password. 

If users who are already registered forget the password they have chosen, then such users can submit a corresponding written request upon which the Vienna Business Agency will send such users a new automatically generated password via the e-mail address that was supplied to the Vienna Business Agency. Such an automatically generated password only enables users to access the Vienna Business Agency web portal one single time. Following the successful login, which takes place by using this automatically generated password, the users are immediately required to choose a new password. 

In order to register, the user is also required to provide the name of the authorised user. In this case, the user must be a physical person, who is either registering in his/her own behalf, or who is registering in the name or on behalf of a company. 

Access authorisation shall only be valid for the user to whom the user name was assigned. 

Users must store their user names and passwords securely and must not pass them on to third parties. Should a user become aware of any unauthorised use of their access authorisation, then such user must immediately inform the Vienna Business Agency thereof. 

In the case of fraudulent use of such an authorisation, or if there is suspicion of such a case, the Vienna Business Agency shall be entitled to close the account. If any account is not used at all for a period of two years, the account will be deleted following a notification sent by the Vienna Business Agency to the last address known to the Vienna Business Agency or to the most recent e-mail address supplied to the Vienna Business Agency by the user. In this regard, any data stored on the user’s account will also be deleted. 

With the exception of the user name, users may change their registration data at any time. 

3. Login After Successful Registration

Logging on to the Vienna Business Agency web portal is done by entering user name and password. If users forget their password, they can request (in writing) a new, automatically generated one from the Vienna Business Agency. The password is sent to the e-mail address supplied by the user upon registration. This particular password enables the user to access the system a single time. In such a case, the user is required to change this one-time password immediately. 

4. Submission of Applications for Funding

a) Web Form – Master Data 

Having successfully registered and logged on to the web portal, the user will then reach the page in their personal Funding Cockpit where the master data are supplied. This master data are specific personal information concerning the users. Users are required to complete the respective master data form. The system saves the master data, which are entered once, and automatically transfers them to any newly created funding form. The master data file has a particular area where users can change the contained data at any time. Data, which are located in another area, and are specifically marked as such, cannot be changed by users. In order to change these data, the users must submit a written request to the Vienna Business Agency including a short explanation. The Vienna Business Agency reserves the right not to make such changes. 

b) Web Form Application for Funding 

After successfully logging on and sending the completed master data form, users are entitled to submit online applications by using the Web forms provided online. The details that have been entered into the master file form (see section E 4. a) are inserted into the respective application form automatically. All mandatory fields must be filled in for the application form to be submitted successfully. 

For an application for funding to be deemed as binding or submitted, the application must be certified by means of what is referred to as a “Certificate of Application Authenticity”. In detail: 

The “Certificate of Application Authenticity” is to be printed out and officially signed and stamped by the company. The original document is then sent to the address of the Vienna Business Agency (Ebendorferstrasse 2, 1010 Vienna), stating the code  “Certificate of Application Authenticity”, by registered post. The online application can be submitted separately and independent of the submission of the certificate. The online application, however, shall not be deemed as submitted – effective the day on which the online application has been received – until the Vienna Business Agency is in receipt of the “Certificate of Application Authenticity”. This, however, is subject to the condition that the “Certificate of Application Authenticity” is duly received by the Vienna Business Agency within five working days, counted from the day the online application was submitted (this day is not included). 

F. Usage of Website

The Vienna Business Agency reserves the right to temporarily or permanently terminate or forbid the use of the website without having to state any reasons for doing so. The Vienna Business Agency shall not assume any liability for the content contained on the website nor shall it assume any liability whatsoever for any disadvantages arising from downloading the data. The Vienna Business Agency shall reserve the right to offer certain downloads at a charge, providing this has been expressly indicated on the website. The users acknowledge that even state-of-the-art technology ensures neither complete security nor full operability.  

The connectivity to other network operators is subject to the existing technical possibilities. Unless otherwise expressly agreed, in cases where users make use of the information and services offered, access to such services takes place at the technically nearest Point of Presence (POP). 

Users are to use the web portal by adhering to all applicable legal regulations. It is recommended that users observe the rules known as Netiquette. Netiquette refers to behavioural standards which Internet users all over the world voluntarily agree to abide by. On principle, users shall undertake to use the services hereunder in such a way as not to interfere with the rights of third parties and not to pose a danger to the security or the operations of the Vienna Business Agency, to any companies associated with the Vienna Business Agency in accordance with § 228 sec. 3 of the Austrian Commercial Code (UGB) or to third parties. 

An agreement is generally considered to be concluded at that point in time in which the Vienna Business Agency has accepted the identity of the user (registration) as conveyed in written or electronic form. By registering, users accept these GTC-Online. 

When making use of the services provided by the Vienna Business Agency, costs will arise from gaining access to the website from a telephone connection. The resulting fees, as well as any other costs which may arise in conjunction with Internet access, e.g. via Telekabel, are charged to the users by the particular service providers at their rates. These costs, as well as any services provided by third-party companies, shall not be the subject matter of the agreement concluded with the Vienna Business Agency. 

Furthermore, users are informed that any postage expenses that may arise when sending a Certificate of Application Authenticity or any other documents relevant to the application for funding shall be borne by the users themselves. The users always have the opportunity to submit documents in person. 

G. Availability

On principle, the Vienna Business Agency web portal is available to clients 24 hours a day, with the exception of any required maintenance periods or back-up times and is subject to capacity, website traffic and the operating status of such national or international telecommunications facilities and networks that are required for gaining access to the website or processing the services offered. 

The Vienna Business Agency will store the data for up to seven years, counted from the day the application was submitted. The Vienna Business Agency shall, however, assume no liability whatsoever for any disadvantages which may arise should the data be partially or completely lost before the seven-year deadline has expired. It is recommended that the users should store all their data themselves independent of any archiving performed by the Vienna Business Agency. 

H. Intellectual Property Rights and Trademark Rights 

All rights, in particular property rights, trademark rights, intellectual property rights and other rights of use shall remain entirely the property of the Vienna Business Agency. Other than for information purposes or for the express purpose of submitting an online application, it is expressly forbidden to use, change, reproduce or transmit the information and downloads of whatever type provided on the web portal either in part or temporarily and by whatever means.

I. User’s Obligation to Cooperate 

The users shall have, in particular, the following obligations to cooperate with the Vienna Business Agency: 

The users are required, without delay, to notify the Vienna Business Agency in writing of any changes to their name, their company, their address, the address of another receiving centre they made known to Vienna Business Agency or their e-mail address. 

If users fail to notify the Vienna Business Agency of any changes to their address, any notifications sent to the user in written form or by e-mail by the Vienna Business Agency shall be deemed as delivered to the user if they were sent to the last address or e-mail address which was supplied to the Vienna Business Agency by the user.

J. Prudence in the Use of Telecommunications Systems

If a user concludes a contract or makes any other statements by using telecommunications means, such user shall be responsible for taking the appropriate measures to prevent any transmission errors or fraudulent use. In particular, users are required to protect their user name and password carefully and not to pass them on to third parties. If any suspicion arises that a particular account has been used fraudulently, then the respective users are required to inform the Vienna Business Agency thereof without any delay. In such an event, the Vienna Business Agency will terminate the account, inform the respective user immediately and send the user a new password. 

K. Software Terms and Conditions

The users of the Vienna Business Agency web portal have been granted a non-transferable and non-exclusive license to use the software and the accompanying documentation for the term of the contractual relationship. A transfer of rights to the license is not permitted. In respect to any losses incurred by the Vienna Business Agency and any associated companies in accordance with § 228 sec. 3 of the UGB, the full and unrestricted application of Section S. of the GTC-Online shall be expressly pointed out. The Vienna Business Agency shall assume no guarantee that the software it provides meets all the requirements of all users. Furthermore, the Vienna Business Agency does not guarantee that the software it provides will be completely compatible with the users’ software and work in an error-free manner, that the entire software functions without interruption and without any faults or that all software errors can be rectified. The Vienna Business Agency shall assume no guarantee and shall assume no liability for any resulting defects or damages if the users make any changes to the configuration of their software or hardware, or if any required system adjustments are made of their own accord on their personal computers.

L. Suspension, Notice of Cancellation, Termination Without Prior Notice

The Vienna Business Agency shall be entitled to partially or completely refuse to provide services, without having to specify the reasons (suspension), in particular if users violate the GTC-Online hereunder. 

The Vienna Business Agency shall be entitled to terminate the accounts of users and the existing business relationship at any time, without having to specify the reasons, providing it adheres to a notice period of 4 weeks. 

Upon good cause shown, the Vienna Business Agency shall additionally be entitled at any time to terminate the account and the existing business relationship with immediate effect and without providing any prior notice, and to delete the account. Such good cause could be demonstrated in the case of a user misusing the account and the services offered, or if a user makes misleading or inaccurate statements on important matters, for example the data supplied to the Vienna Business Agency, or if the account is used in such a manner as is suitable to lead to damages or other disadvantages suffered by the Vienna Business Agency or by companies associated with the Vienna Business Agency in accordance with § 228 sec. 3 of the UGB. 

M. Liability

Any temporary unavailability of services, or any loss of stored data, shall be insufficient to constitute a liability to be borne by the Vienna Business Agency. Furthermore, the Vienna Business Agency shall not assume any liability, in particular, for the contents, completeness or accuracy of the data transmitted. With regard to the retrieval, storage, transmission, distribution or presentation of certain contents, the users shall be subject to statutory restrictions (e.g. the criminal code, pornography law, the Austrian prohibition law, telecommunications law, media law, copyright law, law against unfair competition and personal rights as ensured by the civil and penal codes). For information on violations against these restrictions, please refer to Section S.

N. Limitation of Liability

The Vienna Business Agency shall not assume any liability for any damages resulting from a slight degree of negligence. The Vienna Business Agency shall only assume liability for gross negligence or intentional misconduct up to a maximum amount of € 5,000.- event of damage and user; in total, the liability resulting from gross negligence and intentional misconduct shall be limited per damaging event to a maximum of € 200,000. -. If the total damage exceeds this maximum amount, any claims for damages filed by the individual claimants shall be reduced proportionately. 

O. Declaration of Consent in Accordance with § 107 TKG 

The users give their consent to receive newsletters and promotional e-mails from the Vienna Business Agency at each e-mail address known to the Vienna Business Agency. The users are expressly informed by the Vienna Business Agency that they can express their objection in written form to receiving newsletters and promotional e-mails from the Vienna Business Agency at any time.

P. Consent to Data Storage 

The users give their consent to having their data stored on the server of the Vienna Business Agency and/or the associated companies in accordance with § 228 sec. 3 of the UGB and on the servers belonging to the provider contracted by the Vienna Business Agency. The Vienna Business Agency shall undertake to treat such data as confidential in accordance with the provisions specified in the Data Protection Act.

Q. Consent to Data Processing 

The users expressly give their consent that the data submitted to the Vienna Business Agency may be processed by the Vienna Business Agency. The users expressly give their consent that the data submitted to the Vienna Business Agency may be disclosed to the jurors authorised by the Vienna Business Agency to evaluate their applications for funding. The names of such jurors are made known to the applicants at their written request. The users expressly give their consent that the data submitted to the Vienna Business Agency may be passed on to companies associated with the Vienna Business Agency in accordance with § 228 sec. 3 of the UGB. The users give their consent that the data submitted to the Vienna Business Agency may be passed on to the municipal authorities of the City of Vienna, the Austrian Court of Audit and, where appropriate, to other federal business promotion authorities. The Vienna Business Agency, however, is not authorised to sell or to disclose the data to uninvolved third parties unless such third parties are involved with the assessment and/or processing of the applications for funding. 

This declaration of consent can be revoked at any time.

R. Data Protection

To the extent that this may be necessary – the users shall be solely responsible for compliance with the provisions specified in the Data Protection Act when utilising the service. If the users submit personal data to the Vienna Business Agency, they shall bear the responsibility in accordance with the Data Protection Act. When using the storage facilities provided by the Vienna Business Agency, the user shall be deemed to be a “Controller” (“Auftraggeber”) in terms of the Austrian Data Protection Act. 

If the users make information or data of third parties publicly available via the Vienna Business Agency, they are deemed to be in the position of a “Media Proprietor” in accordance with the media laws. It is important to point out the requirement to provide an Imprint. 

S. Choice of Law and Place of Jurisdiction

This agreement shall be subject to material Austrian law. The application of the UN Convention on Contracts for the International Sale of Goods shall be excluded. The place of performance shall be Vienna. For any disputes arising from or in connection with this agreement, it shall be agreed that relevant Court of Vienna, Inner City, shall have sole jurisdiction. The court of jurisdiction relevant at the time the contract was concluded with the Vienna Business Agency, which handles any complaints of consumers or against consumers, shall remain the same if the consumer moves their place of residence abroad and the legal decisions pronounced by Austrian courts are enforceable in that particular country.

T. Indemnify and Hold Harmless Clause

The users undertake to indemnify and hold harmless the Vienna Business Agency and the companies associated with the Vienna Business Agency in accordance with § 228 sec. 3 of the UGB against all disadvantages resulting from the use of the web portal. In particular, any incorrect and/or misleading statements made by users to the Vienna Business Agency shall be considered the responsibility of those users who avail themselves of these particular incorrect and/or misleading statements. 

General Terms and Conditions – Online of the Vienna Business Agency, as of May 2010