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
- 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.
- 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
- 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.
- 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
- 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.
- The Customer remains solely responsible for compliance with legal documentation obligations.
3) Account and Registration
- 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
- 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.
- 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
region you are
in. The exact prices will be displayed to you before you place your order after you have entered your
- The billing of the current user charges and the purchase of further products carried out via our payment
which the provider has no influence
- The Provider's user charges and invoices are due for payment immediately; this applies in particular to
package bookings and the associated advance payments for a certain period of time.
- Unless otherwise indicated, the pricing information refers to monthly user charges. The monthly user
charges are due in advance.
- 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.
- 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.
- 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.
- 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
- The Provider reserves the right to restrict or completely cancel free basic, pilot or trial services or
product offers at any time.
- The 30-day free trial of the business plan can be canceled at any time by the Customer. If the Customer
does not cancel, the subscription is automatically renewed as a paid business plan. You can find more
information about this here on our support page.
- 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
- 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.
- The Provider does not guarantee any specific availability for its free services. The payment of an
agreement penalty is excluded from free services.
- 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
- 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.
- 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.
- It is the Customer’s responsibility to comply with their documentation duties and obligations.
7) Rights and obligations of the
- 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.
- 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.
- The Provider guarantees a planned availability of 95% per month only for Customers in a paid plan.
- 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.
- The Provider makes support services available on weekdays from 8:00 am to 6:00 pm Central European Time
- For support requests, please send an email to:
- Unless an explicit term of use has been agreed upon, the contract is entered into for an indefinite
period. The indefinite contract can be terminated by either party on a monthly basis at the end of each
- A fixed-term contract is in place when a specific period has been prepaid. Fixed-term contracts
automatically convert to indefinite contracts after the contract period has expired. The automatic
renewal can be stopped by canceling at the end of the contract period. For contracts that have
transitioned into an indefinite contract relationship, the termination options for indefinite contracts,
as outlined above, apply.
- Fixed-term contracts can only be terminated by either party during the contract period for a valid
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.
- The Provider provides a guarantee for its paid services and products within the meaning of the
provisions of §§ 922 ff ABGB.
- 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".
- The contracting parties expressly exclude the application of liability privileges from the service
contract to violations of data protection law.
- 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
- 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
- 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.
- 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.
- The Provider declares to comply with Austrian/European data protection law and to offer its customers
sufficient guarantee for lawful and secure data processing.
- As a processor, the Provider is obliged to comply with the processing agreement, which supplements
these terms and conditions and can be downloaded here:
- 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
- Changes and additions to the GTC must be in writing. Statements by email correspond to the written form.
- 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
- Substantive Austrian law shall apply to this contractual relationship, excluding the reference
- 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.
- The place of performance for the contractual services is 1030 Vienna.