General Terms and Conditions for baningo cards

BY CLICKING "I ACCEPT" OR SUBMITTING AN ORDER OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ, UNDERSTOOD AND BE BOUND BY THESE TERMS AS A CONDITION OF USING THE SERVICE:

1) Scope of application of the General Terms and Conditions

1. The following general terms and conditions (T&C) apply to all relationships between the Customer and baningo GmbH (“Provider”) regarding the use of the online (mobile) services “baningo cards” (“Services”), even if reference is not made to them in individual cases. The T&C valid at the time of the conclusion of the contract shall be decisive. Any deviating, conflicting or supplementary general terms and conditions shall not become part of the contract, even if the Provider is aware of them, unless the Provider has explicitly agreed to their applicability in writing. The Provider hereby explicitly objects to any T&C of the Customer.
2. Changes to the T&C will be communicated to the Customer and will be considered agreed upon if the Customer does not object to them in writing within 14 days; the Customer will be explicitly reminded of the meaning of silence as a sign of agreement in the communication.

2) About baningo cards

1. With “baningo cards”, the Provider provides the Customer who runs a company with a solution for digital business cards “baningo cards” includes various contact channels, online profiles, digital business cards and management options.
2. Depending on the scope of the contract, the services can be provided web-based, as native smartphone apps, and/or as a wallet pass. Depending on the contract, the Provider provides its Customers with hardware in the form of NFC stickers, cards with QR and/or NFC reading options, reading devices or similar products.
3. The subject matter of the contract is the provision of access to these services in the sense of a SaaS contract and/or the delivery of hardware. The Customer is not granted any license rights to the software on which the service is based.
4. The Customer remains solely responsible for compliance with legal documentation obligations.

3) Account and Registration

1. To create one or more digital business cards, you must register an account with us. As part of the registration process, we need some information from you, such as your full name and email address. You agree that the information you provide is accurate, complete and not misleading and that you will keep your information up to date at all times. When registering, you will be asked to create a password. You are solely responsible for the security of your access data. If you suspect that your account is no longer secure, please contact us immediately at [email protected].
2. The Customer shall provide the Provider with accurate and complete billing information including company name, full name of the contact person, address, state, zip code, country, telephone number, email address, VAT (or equivalent)-number. Incorrect or incomplete information can lead to an additional effort for the Provider, which will be charged to the Customer.

4) Payments

1. baningo offers free and paid services. You can find more information about our offers and price plans here: Pricing baningo cards. Our prices may vary depending on the region you are in. The exact prices will be displayed to you before you place your order after you have entered your billing information.
2. The billing of the current user charges and the purchase of further products carried out via our payment service provider Stripe Europe LTD. The terms and conditions of Stripe Europe LTD (Stripe payment terms & Stripe privacy policy) apply to payment processing, over which the provider has no influence
3. Stated usage fees and provider invoices are due immediately upon receipt.
4. Invoices for the Business Plan must be paid in advance for the selected billing period (monthly or annually).
5. Unless otherwise agreed, invoices for the Enterprise Plan must be paid in advance for the agreed contract period.
6. In case of payment default by the Customer, statutory default interest rates for business transactions will apply. The Customer also commits to compensate the Provider for any collection and enforcement costs that are necessary for appropriate legal pursuit, in case of payment default. This includes, at least, the cost of two reminders at € 15.00 each and the tariff costs of a reminder from a lawyer commissioned for collection. Further claims and demands are not affected by this.
7. In the event of payment default by the Customer, the Provider can immediately claim all services and partial services, even within the framework of other contracts concluded with the Customer. Furthermore, the Provider is not obliged to provide any further services until the outstanding amount has been paid.
8. If payment in installments has been agreed upon, the Provider reserves the right to demand immediate payment of the entire outstanding debt in case of non-timely payment of partial amounts or additional claims. In this case, a loss of deadline is considered as agreed.
9. Block in case of non-payment: The Provider reserves the right to block the Customer's access to the services in case of non-timely or incomplete payment. The Customer's obligation to pay their user charges remains unaffected by this.

5) Use of free services and products

1. The Provider reserves the right to restrict or completely cancel free basic, pilot or trial services or product offers at any time.
2. The free 30-day trial of the Business Plan can be canceled by the customer at any time. If the customer does not cancel, the subscription will automatically renew as a paid Business Plan with a monthly billing period. You can find more information about this here on our support page.
3. The Provider does not provide any warranty for free services or products within the meaning of the provisions of §§ 922 ff ABGB. See point 13
4. The Provider always strives to provide its services and products to the fullest satisfaction of its customers. Therefore, the Provider takes reported errors very seriously.
5. The Provider does not guarantee any specific availability for its free services. The payment of an agreement penalty is excluded from free services.
6. The Provider's support services in accordance with point 10 are only provided for free transactions by email and can be restricted at any time.

6) Obligations of the Customer

1. The Customer undertakes to use the services only in compliance with the legal provisions, in particular the relevant professional laws and data protection laws, and to refrain from any improper use.
2. The Customer guarantees not to violate any rights when using the contractual services, in particular to refrain from infringing on the personal rights of its customers. In the event of a breach of these guarantees, the Customer must indemnify and hold the Provider harmless.
3. It is the Customer’s responsibility to comply with their documentation duties and obligations.

7) Rights and obligations of the Provider

1. The Customer acknowledges that the services are created for the requirements and needs of the general public. The Provider assumes no guarantee and liability for the correctness of the content, topicality, freedom from errors or completeness of the services offered, as well as for a specific usability.
2. The Customer acknowledges that the services offered by the Provider are also offered using third-party operators. The availability of the services is, therefore, dependent on the technical provision of the third-party services over which the Provider has no influence.
3. The Provider guarantees a planned availability of 95% per month only for Customers in a paid plan.

8) Support

1. Depending on the product and/or pricing plan, the Provider offers its customers different support services, such as consultation and care regarding the use and application of the software, systems, and possibly interfaces to be maintained.
2. The Provider makes support services available on weekdays from 8:00 am to 6:00 pm Central European Time (CET).
3. For support requests, please send an email to: [email protected]

9) Duration/Resolution

1. The provider offers baningo cards in the Business Plan and Enterprise Plan. In the Business Plan, a distinction is made between monthly and annual billing periods.
2. The Business Plan with a monthly billing period renews monthly until terminated. Upon termination by the customer, the Business Plan ends at the end of the monthly billing period. Termination can be made up until the last day of the billing period. Example: The customer subscribes to the Business Plan with a monthly billing period on February 15, 2024. The billing period is from February 15, 2024, to March 14, 2024. If the customer does not terminate, the contract extends for another month. If the customer terminates on March 14, 2024, the Business Plan ends on March 14, 2024.
3. The Business Plan with an annual billing period renews annually until terminated. Upon termination by the customer, the Business Plan ends at the end of the annual billing period. Termination can be made up until the last day of the billing period. Example: The customer subscribes to the Business Plan with an annual billing period on February 15, 2024. The billing period is from February 15, 2024, to February 14, 2025. If the customer does not terminate, the contract extends for another year until February 14, 2026. If the customer terminates on February 14, 2025, the Business Plan ends on February 14, 2025. Fixed-term contracts can only be terminated by either party during the contract period for a valid reason.
4. If an Enterprise Plan is concluded with a customer, the agreed terms according to the offer apply. Unless otherwise agreed, fixed-term contracts are extended by the same term if not terminated 3 months before the end of the contract. Unlimited contracts can be terminated at any time with a 3- month notice period.
5. Fixed-term contracts in the Enterprise Plan and Business Plans with an annual billing period can only be terminated by either party for good cause during the contract term.

10) Reference

Subject to the Customer's written revocation, which is possible at any time, the Provider is entitled to refer to the business relationship with the Customer on its own advertising media and in particular on its website with the name and company logo.

11) Warranty/Liability

1. The Provider provides a guarantee for its paid services and products within the meaning of the provisions of §§ 922 ff ABGB.
2. The liability of the Provider and that of its organs, employees, contractors or other vicarious agents ("people") is basically limited to intent or gross negligence; Liability for slight negligence is excluded. This exclusion of liability does not apply to personal injury and damage to property that the Provider has taken on for processing. Insofar as the Provider's liability is excluded or limited, this also applies to the personal liability of its "people".
3. The contracting parties expressly exclude the application of liability privileges from the service contract to violations of data protection law.
4. Each contracting party is, therefore, fully liable to the other party for any damage that arises from the violation of data protection and data security obligations. To the extent permitted by law, this obligation to pay compensation also includes fines imposed by the data protection authorities, which one contracting party incurs from the (attributable) behavior of the other party.

12) Posted Content

1. The Provider gives the Customer the opportunity to post their own "content" (such as photographs, videos, graphics, logos, texts, etc.) and thus publish it in an interested forum. The respective Customer is responsible for the content. With regard to this content, the Provider has the role of a purely technical distributor/host who has no influence on the Customer's distributed content and does not monitor it. According to § 16 paragraph 1 ECG, the Provider can only be held responsible if they are aware of illegal content and do not remove/block it immediately after becoming aware of it. If the Customer believes that any content violates any rights or laws, please report this to [email protected].
2. The Customer expressly agrees to the Provider not to post any content whose provision, publication or use violates applicable law or third-party rights (in particular copyrights of the photographer and personal rights of the person depicted) and grants them the rights of use for non-temporary reproduction, distribution and entitled to availability. The posting of racist, pornographic, inhuman, insulting and immoral content is expressly prohibited. In such cases, the Provider is entitled to reject, shorten or delete the Customer's content at any time. Furthermore, such behavior by the Customer represents an important reason for terminating the contract.
3. If a third party claims that their rights have been violated by the content, the Provider is entitled to disclose the contact details known to the Customer.

13) Privacy

1. The Provider declares to comply with Austrian/European data protection law and to offer its customers sufficient guarantee for lawful and secure data processing.
2. As a processor, the Provider is obliged to comply with the processing agreement, which supplements these terms and conditions and can be downloaded here: DPA Download

14) Miscellaneous

1. Should individual provisions of these General Terms and Conditions be or become invalid in whole or in part, or should there be a gap in the contract, this shall not affect the validity of the remaining provisions.
2. Changes and additions to the GTC must be in writing. Statements by email correspond to the written form.
3. The parties agree that the content and services from this contractual relationship are confidential in their entirety. Content may only be made accessible to third parties with the prior written consent of the other party.

15) Applicable law/place of jurisdiction/place of performance

1. Substantive Austrian law shall apply to this contractual relationship, excluding the reference standards.
2. The Austrian court with local and material jurisdiction for 1030 Vienna is agreed as the place of jurisdiction for all disputes arising directly or indirectly from the contract.
3. The place of performance for the contractual services is 1030 Vienna.