Last updated: 14.02.2022
- The Provider provides the Customer, for the duration of the contract, with the following software and services of the respective service level via the Internet against payment:
- Account & access to the MuseumStars Content Management System with the functionalities of the ordered service level.
- Publication of the functionalities of the ordered service level in the MuseumStars App.
- In case of the booked add-on “Solo App”: Publication of the functionalities of the ordered service level in an exclusive app in the AppStores.
- The software functionality of the different service levels can be found on the provider’s website https://www.museumstars.com.
Prices and payment
- The remuneration results from the selected service level and booked add-ons.
- Unless otherwise agreed, the remuneration for the term is to be paid in advance. The term for the subscription variant “Annual Subscription” is 12 months and for the subscription variant “3-Year Package” 36 months, beginning with the agreed date of chargeable use.
- All prices are quoted in euros excluding value added tax. The prices quoted are ex the Provider’s place of business.
- Terms of payment
- The invoices issued by the Provider, including VAT, are payable without any deductions and free of charges no later than 30 days after receipt of the invoice.
- Non-compliance with the agreed payments entitles the Provider to terminate the software provision and to withdraw from the contract.
- If the Customer defaults on the above payment terms, the Provider is entitled to charge interest on arrears at a rate of nine percentage points above the base interest rate (from the 1st reminder). In addition, the Contractor may charge a reminder fee of EUR 50.00 for the first reminder and EUR 50.00 for the second reminder.
Contract term, changes and termination
- Free trial phase: On the agreed date of the free trial phase, the customer has access to the functionalities of the ordered service level in the MuseumStars Content Management System, as well as in the MuseumStars App, for trial purposes. Cancellation of the contract is possible at any time within 30 days from the start of the test phase.
- Paid use: With the agreed start of paid use, the MuseumStars service is available to the customer at the selected service level, including the selected add-ons.
- The contract can be terminated by either party three months before the end of the term. If this is not done, the term is automatically extended by one year.
- The term of the contract is 12 months in the subscription variant “Annual subscription” and 36 months in the subscription variant “3-year package”.
- The Provider is continuously developing the software and will improve it through ongoing updates and adapt the range of functions. After further developments (“releases”), the respective current functional scope of the software and its performance levels result from the performance description on the Provider’s website https://www.museumstars.com.
- The Customer’s consent shall be deemed granted if no objection is received by the Provider from the Customer before the proposed effective date. The Provider will draw the Customer’s attention to the fact that the Customer’s silence by not objecting to the changes will be considered as consent to the changes, and that the Customer has the right to withdraw from the contract in writing with immediate effect until the changes come into force.
Support & Customer Service
- The Provider will accept requests from the Customer for the use of the contractual software within business hours (Monday to Friday 09.00-17.00).
- Response time: no later than 24 hours within business hours after receipt of the request.
- All requests will be made and processed in writing via an electronic ticketing system.
- If a service level with “Premium Support” is booked, an additional telephone response option is available within business hours.
- Hosting includes all ongoing services for the availability of the application content and the MuseumStars Content Management System.
- Guaranteed server uptime: 99.8%.
- Guaranteed network throughput: Inbound data: 500 MBit/s, Out: 1GBit/s .
- Guaranteed content storage capacity (content and media files): max. 100 GB (fair-use principle).
- Backup: Redundant automated backups (daily, weekly and monthly) in two physical data centers.
- Security: both server centers include a very high security standard (physical security & digital security). The following security standards are met: ISO/IEC 27001:2013, PCI DSS.
- Data Protection: Both server centers are GDPR/DSGVO Compliant and additionally include the EU-US Privacy Shield/Swiss-US Privacy Shield framework.
- Two server locations: Frankfurt, Germany (Linode LTD & Host Europe GmbH).
- The Provider publishes functionalities of the ordered service level in the MuseumStars App in the Apple and Google AppStores. This app is published under the Provider’s Developer account.
- When ordering the “Solo App” add-on, the Provider publishes an exclusive app for the Customer in the app stores under the Provider’s Developer account.
- The AN (contractor) shall not be liable for any delays or rejections of publication by an Appstore. The AG (client) expressly agrees that adverse effects caused by actions or acts of omission by Appstores are beyond the scope of the CO. The Client undertakes to indemnify and hold the Contractor harmless in this respect.
Copyright and use
- The Customer shall receive the non-exclusive and non-transferable right to use the provided software to the agreed extent after full payment of the agreed remuneration in compliance with the contractual specifications.
- All other types of utilization of the software, in particular its rental and lending, shall require the written consent of the Contractor.
- The Customer shall in any case remain the sole owner of the data/content and may demand from the Provider, in particular after termination of the contract, the surrender of individual or all data without any right of retention on the part of the Provider.
- Liability for all content published by the customer via the MuseumStars Service, without exception, rests entirely with the customer.
- The liability lies explicitly with the customer if the customer’s content contains copyright violations, is otherwise illegal and/or violates other rights of third parties.
- The Provider reserves the right to technically prevent the publication of content or to block the user account if the content generated by the customer is illegal and/or violates other third-party rights.
Claims for defects
- The software, the computing power required for use and the necessary storage and data processing space are provided by the Provider.
- Claims for defects
- The Provider is liable for defects of the contractual services. A warranty liability regardless of fault is excluded.
- A material defect exists if the software does not have the contractually agreed quality and is not suitable for the contractually presupposed use.
- It is agreed that 30 days access to the software, it is considered accepted by the customer and the customer agrees with the functional scope of the contract.
- The Customer is obliged to notify the Provider immediately in writing (by letter or by e-mail) of any material defect.
- If the Provider is not able to produce the contractually agreed condition after repeated attempts and after setting a grace period of at least six weeks, the Customer has the right to withdraw from the contract in writing with immediate effect.
- The customer is not entitled to any claims for damages against the provider due to the withdrawal.
- The Provider shall be liable for damages, provided that intent or gross negligence can be proven against him, within the scope of the statutory provisions. The Provider’s liability for slight negligence, compensation for consequential damages, financial losses, lost profits, actions of its vicarious agents and for damages arising from third-party claims against the Client is excluded.
- In the case of simple negligence, the Provider is only liable for the violation of cardinal obligations. A cardinal obligation is an obligation, the fulfillment of which enables the proper execution of the contract in the first place and on the compliance with which the other party may rely. In the event of negligent breach of a cardinal obligation, the Provider’s liability shall be limited to compensation for foreseeable and typical damage.
- The Provider is not liable for damages caused by actions of third parties or force majeure.
- Should individual provisions of this contract be or become invalid, this shall not affect the remaining content of this contract. The contracting parties shall cooperate in partnership to find a provision that comes as close as possible to the invalid provisions.
- Unless otherwise agreed, the statutory provisions applicable between fully qualified merchants shall apply exclusively under Austrian law, even if the order is executed abroad. For any disputes, the local jurisdiction of the competent court for the Provider’s place of business shall be exclusively agreed.