1. General
1.1.
LeadMetrics GmbH (“Contractor”) contracts and provides its services exclusively on the basis of these General Terms and Conditions (“GTC”) in their current version at the time of contracting, the offer submitted by it and the service contracts concluded with an entrepreneur as a customer (“Customer”). The GTC apply to consumers as well as to entrepreneurs, unless a differentiation is made in the respective regulation. GTC shall also apply if the Contractor uses subcontractors.
1.2.
The Customer's general terms and conditions shall not become part of the contract for the transaction in question and the entire further business relationship. This is independent of whether the Contractor comments on them and whether or when they are brought to the Contractor's attention.
1.3.
The Contractor's GTC shall also apply to all future contractual relationships between the Contractor and the Customer, even if no specific reference is made to them in an offer or contract.
2. Customer registration and subscription packages
2.1.
The Customer must register and log in to the website with their personal data in order to place an effective order via https://www.lead-metrics.com. In the course of registration, the Customer must accept these GTC and also indicate which software and service is selected. LeadMetrics reserves the right to adapt the type and scope of the software offered as well as any functions.
2.2.
On this basis, the Customer selects a subscription (“Subscription”), whereby a free 14-day trial period (14 x 24 hours) starts upon initial registration. At the end of the trial period, the selected subscription will be activated the subject to payment, unless the notice of termination was submitted. During the trial period, all functions and quotas available in the selected subscription can be used without restrictions.
The prices for the subscriptions and the individual functions of the subscriptions - which vary from subscription to subscription - are displayed to the customer during the ordering process and can also be viewed by the customer at https://www.lead-metrics.com on an ongoing basis.
2.3.
The conclusion of a subscription does not mean that LeadMetrics is obliged to provide every service requested by the Customer. In this respect, there is therefore no obligation to succeed.
3. Conclusion of the contract
3.1.
3.1.
The range of offers displayed on https://www.lead-metrics.com is non-binding and subject to change. Registration by the Customer constitutes an offer to conclude a service contract. The Customer is bound by this offer for a maximum of one work day from the date on which the offer is submitted to LeadMetrics. The contract is concluded once the Customer has completed the registration process and agreed to these GTC. The contractual obligations commence upon completion of registration.
3.2.
By submitting the registration, the Customer declares that he/she is at least 18 years of age. Registration by persons who have not yet reached the age of 18 is prohibited. Accordingly, LeadMetrics' offers are aimed exclusively at persons with unlimited legal capacity.
4. Contractual object
4.1.
Object of the contract is the use of the software as part of a subscription. LeadMetrics provides platform-independent, web-based software for the creation of KPI dashboards and automated reports with specific ad and lead KPI content. The software can be accessed via an internet browser. Details of the software's functions are available on the website https://www.lead-metrics.com.
Before concluding the contract, the Customer is given the opportunity of knowing the General Terms and Conditions, which become part of the service contract upon conclusion of the contract and supplement it - insofar as they do not contradict it.
4.2.
LeadMetrics offers software in different plans (Starter, Pro & Agency) with different scopes of functions. Additional customer or project slots can also be booked. LeadMetrics also offers packages that may only be available to certain customer groups, may be limited in time and may combine the software with other digital content. Specific information on the plans and add-ons can be found at https://www.lead-metrics.com.
4.3.
The Customer is obliged to truthfully provide LeadMetrics with all information required for the fulfilment of the contract that is requested from them via the platform before the contract is concluded. In addition, in the event of an order being placed by a third party, the Customer bears the risk of untruthful information provided by the third party. The Customer is liable to LeadMetrics for all additional costs and expenses incurred by LeadMetrics due to incorrect information provided by the Customer or third parties. LeadMetrics is authorised to collect these additional costs independently using the agreed payment method.
4.4.
LeadMetrics' delivery obligations shall be suspended if the obligation to deliver is prevented by force majeure or other circumstances for which it is not responsible. Operational and traffic disruptions are also considered force majeure. If delivery or performance becomes impossible due to these circumstances, LeadMetrics shall be released from its obligation to deliver and perform.
4.5.
LeadMetrics is authorised to change the information shown on the platform at any time, in particular the prices and content of the service. Contracts already concluded shall not be affected by such a change and shall remain valid as agreed.
4.6.
LeadMetrics shall seek to ensure unrestricted usability and availability of the software at all times, but no unrestricted guarantee can be given. LeadMetrics undertakes to ensure an average annual utilisation and availability of the software of 95% (‘service level’). As far as possible, maintenance work will be carried out outside normal business hours and announced at least 48 hours in advance.
The provision of the software is also in accordance with the contract if the service level is reduced by a maximum of 6% on an annual average due to
5. Payment and value guarantee
5.1.
LeadMetrics shall provide the service for the agreed service fee. The payment obligation begins when the Customer has made a purchase or the free trial period has ended without cancellation.
5.2.
Payment can be made by credit card (Master Card, Visa), instant bank transfer or SEPA direct debit. The Customer is obliged to pay the contractually agreed fee using the means of payment provided on the platform before the contract is concluded. With this selection, the corresponding payment method is deemed to have been agreed.
5.3.
Fees paid are non-refundable. If no valid payment method is stored, LeadMetrics reserves the right to block access to the software until payment is made.
5.4.
The Customer agrees to receive invoices by email. Invoices can be retrieved at any time via the linked customer account. Invoices shall include the applicable VAT in accordance with EU regulations. In the reverse charge procedure, no VAT is charged if a valid VAT ID has been provided.
5.5.
The Customer shall bear all reasonable costs incurred by LeadMetrics during or after the term of the contract for extrajudicial and judicial debt collection, insofar as the Customer has caused these costs through behaviour in breach of contract and they serve the purpose of appropriate legal prosecution and are in reasonable proportion to LeadMetrics' debt.
5.6.
If the Customer has agreed to payment by direct debit and LeadMetrics is unable to collect the direct debit due to insufficient funds in the account or if the SEPA form is incorrectly or not at all deposited with the Customer's bank, the Customer must reimburse LeadMetrics for any bank charges that LeadMetrics is charged by the Customer's bank in this connection.
This also applies to other payment methods. Any fees incurred due to the non-covered account, such as chargeback fees, shall be borne by the Customer.
5.7.
In the event of culpable default, LeadMetrics shall be entitled to default interest at the statutory rate of 4% p.a. (Section 1000 (1) ABGB).
5.8.
The subscription fee is subject to a value guarantee (“Wertsicherung”) in accordance with the Consumer Price Index (CPI) 2022 published by the Austrian Federal Statistical Office. The basis for the value gurantee is the price agreed at the time of conclusion of the contract, which is adjusted depending on the development of the CPI, whereby the price is rounded to whole cents. If the CPI is not published, it will be replaced by the value that most closely corresponds to the CPI. If, in the event of an increase in the CPI, the remuneration is not increased for whatever reason, the right to this increase shall not be lost with effect for the future. The adjustment is made by comparing the index values for September of the current year with September of the previous year.
6. Right of cancellation
6.1.
A customer who is a consumer may withdraw from an off-premises contract (§ 3 Z 1 FAGG) and from a distance selling service contract (§ 3 Z 2 FAGG) within 14 days without giving reasons. In the case of service contracts, the cancellation period is fourteen days from the date of conclusion of the contract.
6.2.
The declaration of cancellation is not bound to any particular form. The customer can also use the sample cancellation form in point 6.4. The cancellation period shall be deemed to have been observed if the declaration of cancellation is demonstrably sent within the period. In order to exercise the right of cancellation, the customer must inform LeadMetrics (LeadMetrics GmbH, Wienerbergstraße 7-9, 1100 Vienna; e-mail: [•] phone number: [•]) of his decision to cancel the contract.
6.3.
If the customer cancels the contract, LeadMetrics must reimburse the customer for all payments it has received immediately and at the latest within 14 days of the day on which it receives notification of the cancellation of the contract. LeadMetrics shall use the same means of payment for the repayment as the customer used for the corresponding payment, unless expressly agreed otherwise with the customer. Under no circumstances will the customer be charged any fees for this repayment.
6.4.
If the customer wishes to cancel the contract, they can create a form according to the following example and send it to LeadMetrics:
Sample cancellation form
To LeadMetrics GmbH, Wienerbergstraße 7-9, 1100 Vienna; e-mail: [•]
I/we hereby cancel the contract concluded by me/us for the provision of the following service [insert service]
Ordered on: ____________________________________
received on: ____________________________________
Name of the customer(s): ____________________________________
Address of the seller(s): ____________________________________
Date and signature of the customer(s): ____________________________________
7. Customer´s cooperation duties
7.1.
The Customer is responsible for the confidentiality and security of the access data. The access data may not be passed on. You must ensure that third parties cannot gain knowledge of the access data and take all necessary measures to ensure confidentiality, in particular the use of a secure password that is changed regularly.
7.2.
The Customer must ensure that they can be contacted at the e-mail address provided and must report any misuse or loss of access data immediately in text form (e.g. by e-mail).
7.3.
The Customer must respond immediately to enquiries from LeadMetrics.
7.4.
The availability of the software is dependent on Internet access. The Customer is responsible for ensuring that the system requirements are met. If the Customer uses third-party offers (e.g. ad blockers), LeadMetrics assumes no guarantee for compatibility or liability for damage caused by their use.
7.5.
The Customer is obliged to use the software in accordance with applicable laws and regulations, and in particular to comply with the following restrictions on use:
Any damages, administrative penalties or additional costs resulting from a breach of the applicable regulations shall be borne by the Customer.
7.6. If the Customer breaches its obligations to co-operate and LeadMetrics incurs additional costs, fees, taxes, interest, fines, administrative costs, administrative penalties or similar as a result, the Customer must compensate LeadMetrics for these.
8. Liability/ Warranty
8.1. LeadMetrics' liability for damages presupposes gross negligence (gross negligence or intent) and is limited to compensation for direct positive damage. Compensation for loss of profit, consequential damages and other consequential damages, indirect and indirect damages, third-party damages, damages from third-party claims and pure financial losses is excluded in any case.
8.2. The amount of the Customer's claim for compensation shall be limited to the subscription fee stated by the Customer when concluding the contract. An exception to this shall only apply if the Customer has stated a higher value than the actual value; in this case, the amount of the claim for compensation shall be limited to the actual value.
8.3. LeadMetrics accepts no liability,
8.4.
LeadMetrics provides a warranty for contractually agreed services to a customer who is a consumer in accordance with the provisions of §§ 1 ff of the Consumer Guarantee Act (VGG).
The following applies to consumer transactions:
a) LeadMetrics provides a warranty for any defect that is present when the goods are handed over and becomes apparent within two years of this time (warranty period).
b) If a defect occurs in the service provided, the customer can initially choose between improvement or replacement, unless the improvement or replacement is impossible or would involve disproportionately high costs for LeadMetrics compared to the other remedy. Whether this is the case also depends on the value of the defect-free service, the severity of the defect and the inconvenience associated with the other remedy for the recipient. LeadMetrics is obliged to carry out the improvement and replacement within a reasonable period of time after delivery by the customer.
c) If both improvement and replacement are impossible or involve a disproportionately high expense for LeadMetrics and it refuses to produce a defect-free condition for this reason, the customer has the right to a price reduction or, if the defect is not minor, the right to cancel the contract. The same applies if 1. the defect is so serious that an immediate price reduction or cancellation of the contract is justified, 2. LeadMetrics refuses to produce the defect-free condition without justification, 3. it is clear from LeadMetrics' statements or is obvious from the circumstances that LeadMetrics will either not produce the defect-free condition at all or not within a reasonable period of time or not without considerable inconvenience to the customer, 4. LeadMetrics refuses to produce the defect-free condition within a reasonable period of time or not without considerable inconvenience to the customer. LeadMetrics has not produced the defect-free condition in accordance with Section 13 (2) VGG or within a reasonable period of time, or 5. a defect occurs although LeadMetrics has attempted to produce the defect-free condition.
d) The customer's rights under the warranty and claims arising from a price reduction or cancellation of the contract shall expire three months after expiry of the warranty period (point 8.4. a)).
e) The customer must check the service for completeness, correctness and other defects as soon as possible after being granted the right to use it and notify LeadMetrics of any defects. The customer is also obliged to check the conformity of the service with the order immediately after LeadMetrics has provided it, in accordance with the specified product descriptions. A breach of these obligations does not lead to any restriction of the customer's statutory warranty rights and claims.
f) In addition to the contractually required properties, the service must also have the objectively required properties (Section 6 VGG). These include, in particular, the product characteristics specified by LeadMetrics, as well as those characteristics that can be expected of the digital service when used properly and for the intended purpose.
9. Restriction, control, blocking and deletion of accounts and content
9.1.
LeadMetrics reserves the right to restrict or completely block access to the Customer's account or parts of the software if the Customer is in arrears with payments due. This shall take place after a reminder and the setting of a grace period of 14 days. The restriction shall be cancelled as soon as the full payment arrears have been settled.
9.2.
LeadMetrics is not obliged to monitor content generated by Customers. However, if LeadMetrics is made aware of potentially illegal content or content in breach of contract, LeadMetrics reserves the right to block access to this content, inform the Customer and review the content in question. The same applies if there is a justified suspicion of violations of legal provisions.
9.3.
If there is a suspicion that content published by the Customer on the platform or accessed by the Customer violates applicable laws, LeadMetrics may block the Customer account and, if necessary, forward data to the competent authorities for security purposes. Prior to such a block, LeadMetrics will inform the Customer of the incident, if possible and reasonable.
9.4.
LeadMetrics is authorised to take measures to avert damage and ensure the availability of the software. This applies in particular if the Customer breaches its contractual obligations. Measures may include the partial or complete, temporary or permanent restriction of access to the software, in particular with regard to the use of the KPI dashboards or data generation.
If LeadMetrics blocks or closes an account, any outstanding fees will continue to be charged to the Customer. LeadMetrics may also delete the content created by the Customer if it does not need to be saved as part of the contractual relationship.
10. Term and termination
10.1.
Unless otherwise specified in the respective service description, the contract is concluded for an indefinite period. Concluded subscriptions are automatically extended by a further term if the contract is not in time cancelled before.
10.2.
The contract can be cancelled by either party to a notice period of four weeks to the end of the term via the account settings within the software or by email (email address can be viewed at https://lead-metrics.com/de/impressum).
10.3.
The right to extraordinary cancellation for good cause remains unaffected. Good cause shall be deemed to exist in particular if the Customer
10.4.
With the exception of 10.3. or comparable extraordinary reasons, the cancellation shall take effect at the end of the contractually agreed term.
11. Offset
11.1.
LeadMetrics is entitled to offset all claims of the Customer, insofar as these are attachable, against all liabilities of the Customer to LeadMetrics.
11.2.
The Customer is only entitled to setoff its liability if LeadMetrics is insolvent or the Customer's claim is legally related to its liability, the Customer's claim has been established by a court or recognised by LeadMetrics.
12. Data protection
LeadMetrics' data protection notice with all information on data protection is available online at hhttps://leadmetrics.at/datenschutz. At Customer's request, LeadMetrics will also send the data protection notice by post or e-mail without delay.
13. Modification of the contractual terms and conditions
LeadMetrics' offers to modification the contractual terms and conditions will be sent to the Customer at the address last provided at https://www.leadmetrics.at.. The modification to the contractual terms and conditions shall take effect if the Customer does not object in writing within 30 days of receipt. LeadMetrics undertakes to draw attention in writing to the 30-day period and to the interpretation of the Customer's behaviour when sending the amended conditions.
14. Other provisions
14.1.
The contract concluded between LeadMetrics and the Customer and the resulting business relationship shall be governed by Austrian law, excluding the conflict of law rules of private international law and the UN Convention on Contracts for the International Sale of Goods.
14.2
The competent court for disputes arising from and in connection with this contract is the competent court at the customer's place of residence, habitual abode or place of employment, insofar as the customer is a consumer. If such a customer, who is a consumer, has his domicile or habitual residence or place of employment in Austria when the contract is concluded and moves it abroad, the competent court for the customer's domicile stated in the contract at the time the contract is concluded shall have jurisdiction for all disputes arising from and in connection with this contract (Section 14 KSchG).
14.3.
The contractual and communication language is German.
14.4.
If individual provisions of these terms and conditions are or become invalid or ineffective, this shall not affect the validity of the remaining provisions.
Status: 19.11.2024
1. General
1.1.
LeadMetrics GmbH (“Contractor”) contracts and provides its services exclusively on the basis of these General Terms and Conditions (“GTC”) in their current version at the time of contracting, the offer submitted by it and the service contracts concluded with an entrepreneur as a customer (“Customer”). The GTC therefore only apply to bilateral business transactions; in contrast, the GTC do not apply to the Contractor's transactions with consumers. The GTC shall also apply if the Contractor uses subcontractors.
1.2.
The Customer's general terms and conditions shall not become part of the contract for the transaction in question and the entire further business relationship. This is independent of whether the Contractor comments on them and whether or when they are brought to the Contractor's attention.
1.3.
The Contractor's GTC shall also apply to all future contractual relationships between the Contractor and the Customer, even if no specific reference is made to them in an offer or contract.
2. Customer registration and subscription packages
2.1.
The Customer must register and log in to the website with their personal data in order to place an effective order via https://www.lead-metrics.com. In the course of registration, the Customer must accept these GTC and also indicate which software and service is selected. LeadMetrics reserves the right to adapt the type and scope of the software offered as well as any functions.
2.2.
On this basis, the Customer selects a subscription (“Subscription”), whereby a free 14-day trial period (14 x 24 hours) starts upon initial registration. At the end of the trial period, the selected subscription will be activated the subject to payment, unless the notice of termination was submitted. During the trial period, all functions and quotas available in the selected subscription can be used without restrictions.
The prices for the subscriptions and the individual functions of the subscriptions - which vary from subscription to subscription - are displayed to the customer during the ordering process and can also be viewed by the customer at https://www.lead-metrics.com on an ongoing basis.
2.3.
The conclusion of a subscription does not mean that LeadMetrics is obliged to provide every service requested by the Customer. In this respect, there is therefore no obligation to succeed.
3. Conclusion of the contract
3.1.
3.1.
The range of offers displayed on https://www.lead-metrics.com is non-binding and subject to change. Registration by the Customer constitutes an offer to conclude a service contract. The Customer is bound by this offer for a maximum of one work day from the date on which the offer is submitted to LeadMetrics. The contract is concluded once the Customer has completed the registration process and agreed to these GTC. The contractual obligations commence upon completion of registration.
3.2.
By submitting the registration, the Customer declares that he/she is at least 18 years of age. Registration by persons who have not yet reached the age of 18 is prohibited. Accordingly, LeadMetrics' offers are aimed exclusively at persons with unlimited legal capacity.
4. Contractual object
4.1.
Object of the contract is the use of the software as part of a subscription. LeadMetrics provides platform-independent, web-based software for the creation of KPI dashboards and automated reports with specific ad and lead KPI content. The software can be accessed via an internet browser. Details of the software's functions are available on the website https://www.lead-metrics.com.
Before concluding the contract, the Customer is given the opportunity of knowing the General Terms and Conditions, which become part of the service contract upon conclusion of the contract and supplement it - insofar as they do not contradict it.
4.2.
LeadMetrics offers software in different plans (Starter, Pro & Agency) with different scopes of functions. Additional customer or project slots can also be booked. LeadMetrics also offers packages that may only be available to certain customer groups, may be limited in time and may combine the software with other digital content. Specific information on the plans and add-ons can be found at https://www.lead-metrics.com.
4.3.
The Customer is obliged to truthfully provide LeadMetrics with all information required for the fulfilment of the contract that is requested from them via the platform before the contract is concluded. In addition, in the event of an order being placed by a third party, the Customer bears the risk of untruthful information provided by the third party. The Customer is liable to LeadMetrics for all additional costs and expenses incurred by LeadMetrics due to incorrect information provided by the Customer or third parties. LeadMetrics is authorised to collect these additional costs independently using the agreed payment method.
4.4.
LeadMetrics' delivery obligations shall be suspended if the obligation to deliver is prevented by force majeure or other circumstances for which it is not responsible. Operational and traffic disruptions are also considered force majeure. If delivery or performance becomes impossible due to these circumstances, LeadMetrics shall be released from its obligation to deliver and perform.
4.5.
LeadMetrics is authorised to change the information shown on the platform at any time, in particular the prices and content of the service. Contracts already concluded shall not be affected by such a change and shall remain valid as agreed.
4.6.
LeadMetrics shall seek to ensure unrestricted usability and availability of the software at all times, but no unrestricted guarantee can be given. LeadMetrics undertakes to ensure an average annual utilisation and availability of the software of 95% (‘service level’). As far as possible, maintenance work will be carried out outside normal business hours and announced at least 48 hours in advance.
The provision of the software is also in accordance with the contract if the service level is reduced by a maximum of 6% on an annual average due to
5. Payment and value guarantee
5.1.
LeadMetrics shall provide the service for the agreed service fee. The payment obligation begins when the Customer has made a purchase or the free trial period has ended without cancellation.
5.2.
Payment can be made by credit card (Master Card, Visa), instant bank transfer or SEPA direct debit. The Customer is obliged to pay the contractually agreed fee using the means of payment provided on the platform before the contract is concluded. With this selection, the corresponding payment method is deemed to have been agreed.
5.3.
Fees paid are non-refundable. If no valid payment method is stored, LeadMetrics reserves the right to block access to the software until payment is made.
5.4.
The Customer agrees to receive invoices by email. Invoices can be retrieved at any time via the linked customer account. Invoices shall include the applicable VAT in accordance with EU regulations. In the reverse charge procedure, no VAT is charged if a valid VAT ID has been provided.
5.5.
The Customer shall bear all reasonable costs incurred by LeadMetrics during or after the term of the contract for extrajudicial and judicial debt collection, insofar as the Customer has caused these costs through behaviour in breach of contract and they serve the purpose of appropriate legal prosecution and are in reasonable proportion to LeadMetrics' debt.
5.6.
If the Customer has agreed to payment by direct debit and LeadMetrics is unable to collect the direct debit due to insufficient funds in the account or if the SEPA form is incorrectly or not at all deposited with the Customer's bank, the Customer must reimburse LeadMetrics for any bank charges that LeadMetrics is charged by the Customer's bank in this connection.
This also applies to other payment methods. Any fees incurred due to the non-covered account, such as chargeback fees, shall be borne by the Customer.
5.7.
In the event of culpable default, LeadMetrics shall be entitled to default interest in the amount of 11.88% above the Austrian base rate, irrespective of whether the Customer is at fault.
5.8.
The subscription fee is subject to a value guarantee (“Wertsicherung”) in accordance with the Consumer Price Index (CPI) 2022 published by the Austrian Federal Statistical Office. The basis for the value gurantee is the price agreed at the time of conclusion of the contract, which is adjusted depending on the development of the CPI, whereby the price is rounded to whole cents. If the CPI is not published, it will be replaced by the value that most closely corresponds to the CPI. If, in the event of an increase in the CPI, the remuneration is not increased for whatever reason, the right to this increase shall not be lost with effect for the future. The adjustment is made by comparing the index values for September of the current year with September of the previous year.
6. Customer´s cooperation duties
6.1.
The Customer is responsible for the confidentiality and security of the access data. The access data may not be passed on. You must ensure that third parties cannot gain knowledge of the access data and take all necessary measures to ensure confidentiality, in particular the use of a secure password that is changed regularly.
6.2.
The Customer must ensure that they can be contacted at the e-mail address provided and must report any misuse or loss of access data immediately in text form (e.g. by e-mail).
6.3.
The Customer must respond immediately to enquiries from LeadMetrics.
6.4.
The availability of the software is dependent on Internet access. The Customer is responsible for ensuring that the system requirements are met. If the Customer uses third-party offers (e.g. ad blockers), LeadMetrics assumes no guarantee for compatibility or liability for damage caused by their use.
6.5.
The Customer is obliged to use the software in accordance with applicable laws and regulations, and in particular to comply with the following restrictions on use:
Any damages, administrative penalties or additional costs resulting from a breach of the applicable regulations shall be borne by the Customer.
6.6.
If the Customer breaches its obligations to co-operate and LeadMetrics incurs additional costs, fees, taxes, interest, fines, administrative costs, administrative penalties or similar as a result, the Customer must compensate LeadMetrics for these.
7. Liability/ Warranty
7.1.
LeadMetrics' liability for damages presupposes gross negligence (gross negligence or intent) and is limited to compensation for direct positive damage. Compensation for loss of profit, consequential damages and other consequential damages, indirect and indirect damages, third-party damages, damages from third-party claims and pure financial losses is excluded in any case.
7.2.
The amount of the Customer's claim for compensation shall be limited to the subscription fee stated by the Customer when concluding the contract. An exception to this shall only apply if the Customer has stated a higher value than the actual value; in this case, the amount of the claim for compensation shall be limited to the actual value.
7.3.
LeadMetrics accepts no liability,
8. Restriction, control, blocking and deletion of accounts and content
8.1.
LeadMetrics reserves the right to restrict or completely block access to the Customer's account or parts of the software if the Customer is in arrears with payments due. This shall take place after a reminder and the setting of a grace period of 14 days. The restriction shall be cancelled as soon as the full payment arrears have been settled.
8.2.
LeadMetrics is not obliged to monitor content generated by Customers. However, if LeadMetrics is made aware of potentially illegal content or content in breach of contract, LeadMetrics reserves the right to block access to this content, inform the Customer and review the content in question. The same applies if there is a justified suspicion of violations of legal provisions.
8.3.
If there is a suspicion that content published by the Customer on the platform or accessed by the Customer violates applicable laws, LeadMetrics may block the Customer account and, if necessary, forward data to the competent authorities for security purposes. Prior to such a block, LeadMetrics will inform the Customer of the incident, if possible and reasonable.
8.4.
LeadMetrics is authorised to take measures to avert damage and ensure the availability of the software. This applies in particular if the Customer breaches its contractual obligations. Measures may include the partial or complete, temporary or permanent restriction of access to the software, in particular with regard to the use of the KPI dashboards or data generation.
If LeadMetrics blocks or closes an account, any outstanding fees will continue to be charged to the Customer. LeadMetrics may also delete the content created by the Customer if it does not need to be saved as part of the contractual relationship.
9. Term and termination
9.1.
Unless otherwise specified in the respective service description, the contract is concluded for an indefinite period. Concluded subscriptions are automatically extended by a further term if the contract is not in time cancelled before.
9.2.
The contract can be cancelled by either party to a notice period of four weeks to the end of the term via the account settings within the software or by email (email address can be viewed at https://lead-metrics.com/de/impressum).
9.3.
The right to extraordinary cancellation for good cause remains unaffected. Good cause shall be deemed to exist in particular if the Customer
9.4. With the exception of 9.3. or comparable extraordinary reasons, the cancellation shall take effect at the end of the contractually agreed term.
10. Offset
10.1. LeadMetrics is entitled to offset all claims of the Customer, insofar as these are attachable, against all liabilities of the Customer to LeadMetrics.
10.2. The Customer is only entitled to setoff its liability if LeadMetrics is insolvent or the Customer's claim is legally related to its liability, the Customer's claim has been established by a court or recognised by LeadMetrics. 11. Data protection LeadMetrics' data protection notice with all information on data protection is available online at hhttps://leadmetrics.at/datenschutz. At Customer's request, LeadMetrics will also send the data protection notice by post or e-mail without delay.
12. Modification of the contractual terms and conditions
LeadMetrics' offers to modification the contractual terms and conditions will be sent to the Customer at the address last provided at https://www.leadmetrics.at.. The modification to the contractual terms and conditions shall take effect if the Customer does not object in writing within 30 days of receipt. LeadMetrics undertakes to draw attention in writing to the 30-day period and to the interpretation of the Customer's behaviour when sending the amended conditions.
13. Other provisions
13.1.
The contract concluded between LeadMetrics and the Customer and the resulting business relationship shall be governed by Austrian law, excluding the conflict of law rules of private international law and the UN Convention on Contracts for the International Sale of Goods.
13.2
The competent court in Vienna (Austria) shall have jurisdiction over disputes arising from and in connection with this contract and the resulting business relationship.
13.3.
The contractual and communication language is German.
13.4.
If individual provisions of these terms and conditions are or become invalid or ineffective, this shall not affect the validity of the remaining provisions.
Status: 01.11.2024
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