General Terms and Conditions (GTC)
These General Terms and Conditions (“GTC”) apply to all services and products provided by "Data-Hub Sholudchenko FlexKapG" (hereinafter referred to as “Company”).
1. Scope of Application
These GTC apply to all current and future business relationships between the Company and its contracting parties (hereinafter “Customers”), unless otherwise expressly agreed in writing.
2. Description of Services
The Company offers digital services and products in the field of real estate technology (PropTech), focused on the CEE region. The exact scope is outlined in the current offer, individual agreements, or service descriptions. Services are generally delivered digitally via an online portal.
3. Conclusion of Contract
A contract is concluded upon written acceptance of an offer by the Company or by using the Company’s services. The Customer must provide complete and truthful information relevant to the contract.
4. Usage Rights and Conditions
- The Customer is granted a non-exclusive, non-transferable right to use the content for the duration of the contract.
- Sharing or selling Company data or services to third parties requires prior written consent.
- Use of services is restricted to the Customer’s own business or personal needs.
- Customers must comply with applicable laws and these GTC when using services.
5. Prices and Payment Terms
- Prices are based on the Company’s price list or individual agreements. Additional services may be billed separately.
- Invoices are due within 14 days of receipt without deductions.
- In case of delay, statutory interest may apply and services may be suspended until payment is received.
6. Availability and Access to Content
- The Company strives for high service availability. Short interruptions (e.g. maintenance, updates) may occur.
- Digital content such as land register data is usually accessible for 6 months after contract confirmation.
- Planned downtimes will be announced in advance where possible.
7. Right of Withdrawal for Consumers
- Consumers generally have a legal right to withdraw from contracts.
- This right is forfeited for digital content if the consumer agrees to begin performance before the withdrawal period ends and acknowledges the loss of the right.
- A sample withdrawal form will be provided to the Customer.
8. Warranty and Liability
- No guarantee is given for the accuracy, completeness, or timeliness of third-party data.
- The Company is not liable for indirect damages, especially lost profits or data loss, except in cases of intent or gross negligence.
9. Data Protection and Confidentiality
- The Company processes personal data in compliance with the GDPR and applicable national laws.
- Details on data processing are outlined in the separate privacy policy.
- Both parties agree to keep all business-related information confidential, even after termination.
10. Term and Termination
- The contract duration is based on individual agreement. It will automatically renew for one year unless otherwise specified.
- Termination must be submitted with 4 weeks’ notice before the end of the term. Extraordinary termination for cause remains possible.
11. Changes to the GTC
- The Company reserves the right to amend these GTC at any time. Customers will be notified in writing or via email.
- If the Customer does not object within 14 days, the changes are deemed accepted.
12. Final Provisions
- If any provision is invalid, the rest of the agreement remains unaffected.
- Austrian law applies, excluding international conflict of law rules and the UN Sales Convention.
- Jurisdiction is the registered office of the Company, where legally permissible.
Effective date: May 2025
