1. Scope of application
The General Terms and Conditions apply to the claim and use of the services provided by Honeyfield GmbH (FN 554194t), including all free trial accesses on the SodaRental.Club platform (hereinafter referred to as "SodaRental.Club" or "the platform") by customers (hereinafter referred to as "the customer", or together with Honeyfield GmbH referred to as "contracting party"), as well as by persons admitted as users by the customer, unless the offer is identified as an additional service. Deviations from these terms and conditions are only effective if they have been confirmed in writing by Honeyfield GmbH.
Honeyfield GmbH is entitled to change these terms and conditions at any time with a reasonable notice period. After the publication of a notice of change, the customer has an extraordinary right of termination. The changes are considered approved if the customer does not object to these changes in writing within 30 days.
2. Conclusion of the contract, scope of services and provision of services
2.1 The type, content and scope of the services to be provided by Honeyfield GmbH are defined in this contract and therefore result from it.
2.2 The customer declares his intention to conclude a contract for the (chargeable) use of SodaRental.Club as soon as he sends his order. Subsequently, Honeyfield GmbH confirms the received order electronically by e-mail, whereby a contractual relationship is established.
2.3 The offers on the platform are exclusively subject to change. The customer's order thus constitutes the offer in the legal sense.
2.4 A service is only owed if a valid contractual relationship exists. This includes, in particular, statements by Honeyfield GmbH employees, by third parties as well as advertising statements which, in case of doubt, only represent a statement of quality if they are additionally confirmed by Honeyfield GmbH.
2.5 If changes or adaptations of the content of the service including the provided software become necessary in the context of user interface-related, technological or content-related further development, Honeyfield GmbH is entitled to do so, provided that the agreed functionalities of the software are not significantly restricted thereby.
2.6 Honeyfield is entitled to access the user accounts and to make changes and adjustments within the scope of the support provided.
3. Terms of payment
3.1 The amount of the fee for the use of SodaRental.Club is shown in the respective valid price list on SodaRental.Club, which is available on the platform. Excluded are offers individually created for the customer and therefore deviating.
3.2 The prices are exclusive of value added tax in accordance with the value added tax laws applicable in the country of the customer.
3.2 The agreed basic fees shall be payable in advance in accordance with the contractual agreement and shall become due upon receipt of the invoice.
3.3 Payments of the fee may be made by credit card.
3.4 Invoices, new fee information, etc. can be viewed in the SodaRental.Club customer account and/or will be sent to the electronic address (e-mail address) provided by the customer.
3.5 The legal rights of default come into effect if the customer is in default of payment.
3.6 If an invoice is not paid on time, Honeyfield GmbH is entitled to block the service or access to the software system SodaRental.Club for the customer without terminating the contractual relationship. After receipt of payment, access to the system will be released again.
4. Rights and obligations of the customer
In any case, the customer is obliged to cooperate adequately in the provision of the contractual service.
4.1 On the platform SodaRental.Club every new user has the possibility to obtain an access authorization by creating a participant identification and an individual password. The customer is responsible for securing this access data against misuse. Furthermore, the access data must be kept secret and must not be passed on to third parties. Excluded are persons who are selected and activated by the customer. The customer must inform the selected persons about the security regulations as well as instruct the selected persons to change the password immediately after the first login and also at regular intervals.
4.2 The customer is obligated to inform Honeyfield GmbH within 14 days about any changes of his contact data (e.g. company, business address or similar).
4.3 The customer is obligated to notify Honeyfield GmbH of any visible defects or damages via e-mail (email@example.com) or the Customer Service Center. In addition, the customer undertakes to document the defects or damages and their causes as best as possible in order to enable their elimination.
5. Availability, accessibility and access
5.1 Honeyfield GmbH guarantees 98% annual minimum availability of the performance of the "SodaRentalClub" application. However, this does not constitute a guarantee.
5.2 In case of unforeseeable or extraordinary maintenance work, the availability may be additionally limited.
5.3 In order to assert any claims by the customer in the event of disruptions with regard to availability, it is assumed that the customer will immediately report the disruptions directly to Honeyfield GmbH (firstname.lastname@example.org) or via the Customer Service Center. The malfunctions should be documented as far as possible so that the cause of the malfunction can be verified by Honeyfield GmbH.
5.4 Honeyfield GmbH does not assume any liability for the following disturbances:
If a disturbance of the availability arises due to events of force majeure, Honeyfield GmbH does not assume any liability.
Honeyfield GmbH is not liable for disruptions of availability caused by the customer, the access provider, the telecommunication service provider or the mobile phone provider of the customer or otherwise by third parties attributable to the sphere of the customer.
5.5 Honeyfield GmbH will keep the software "SodaRentalClub" available for download from the Internet. Any connection problems of the customer to his Internet provider as well as to SodaRental.club are not the responsibility or liability of Honeyfield GmbH.
5.6 The customer's access equipment must be suitable for the services "http" and "https". In addition, the transmitted parameter data must be accepted. The customer alone is responsible for setting up and maintaining these settings.
5.7 During the online step-up process on the platform, the first user access to SodaRental.Club is assigned. Subsequently, the customer may grant or deny access to the platform to additional users at any time during the contract term.
6.1 This Agreement is concluded as a continuing obligation for an indefinite period.
6.2 The contract can be terminated at any time and without giving reasons, depending on the selected period. For this purpose, the customer must send an e-mail to hello@honeyfield or a registered letter to the address of Honeyfield GmbH. The cancellation is effective from the receipt of the e-mail or registered letter at the end of the current month.
6.3 Already paid invoices are not refundable in case of cancellation.
7.1 The dates for the provision of services stated in the offer or in other documents are in principle non-binding planned dates. If these are expressly recorded as binding dates for performance, they shall apply accordingly.
7.2 The deadlines shall be extended if Honeyfield GmbH is prevented from meeting these deadlines due to unforeseen circumstances beyond the control of Honeyfield GmbH or its vicarious agents.
8. Rights of use
8.1 Honeyfield GmbH is entitled to all rights of use, copyrights and other industrial property rights to the contractual services. The customer is entitled to assert a non-exclusive, non-transferable right of use limited to the term of this contract. This right of use is limited to the scope required for the agreed use of the service.
8.2 The customer agrees that Honeyfield GmbH may evaluate, process and utilize anonymized data of the customer. The collected data will neither be passed on to third parties nor will the data be used for advertising purposes.
9.1 Honeyfield GmbH assumes unlimited liability in accordance with the statutory provisions for damages to the customer if these are caused intentionally or by gross negligence on the part of Honeyfield GmbH or its vicarious agents.
9.2 The liability for personal injury as well as for damages of the customer caused by Honeyfield GmbH intentionally or by gross negligence is unrestricted.
9.3 For the following provisions, the liability of Honeyfield GmbH for claims for damages is limited:
9.4 Honeyfield GmbH assumes no liability for indirect damages and consequential damages, including lost profits and claims of third parties. In addition, Honeyfield GmbH assumes no liability for any damage to the hardware and software used by the customer and their users for the use of SodaRental.Club. Honeyfield GmbH also assumes no liability for errors caused by improper operation, modified operating system components, interfaces and parameters, the use of unsuitable organizational means and data carriers, and the like.
9.5 All previously explained paragraphs shall also apply to a limitation of the obligation to compensate for futile expenses.
9.6 The agreed limitations of liability also apply to the benefit of Honeyfield GmbH's vicarious agents.
10. Changes to the general terms and conditions and prices
Honeyfield GmbH is entitled to make price adjustments and changes to these General Terms and Conditions in accordance with the following provisions:
10.1 The customer will be notified of changes and adjustments to the charges for services provided within the scope of an ongoing contractual relationship of Honeyfield GmbH in good time before the change is implemented. The customer may object to these changes and adjustments as explained in Section 10.3.
10.2 The customer will be notified of changes and adjustments to these General Terms and Conditions in writing in a timely manner. The customer may object to these amendments and adjustments as explained in Clause 10.3.
10.4 If the customer wishes to object to Clauses 10.1 and 10.2, this must be done in writing and must reach Honeyfield GmbH within 30 days of receipt of the notification from Honeyfield GmbH. The price adjustment or the change of the General Terms and Conditions is considered approved if the customer does not object within the deadline. In case of a timely objection on the part of the customer, the originally agreed contract will continue to apply. In this case, Honeyfield GmbH reserves the right to terminate the contract extraordinarily with a notice period of one month.
11. Final provisions
11.1 If amendments, supplements or ancillary agreements are made to these General Terms and Conditions, they shall only be effective if made in writing.
11.2 The customer is not entitled to set off counterclaims against claims of Honeyfield GmbH or to withhold payments with reference to defects.
11.3 Honeyfield GmbH is entitled to include the customer in a customer directory as well as to mention the customer by name as a reference on the internet pages (www.sodarental.club and www.honeyfield.at as well as various social media platforms). This sometimes also applies to applied advertising material and for acquisition purposes. Justified interests and objections of the customer shall be taken into account in this respect.
11.4 Exclusive place of performance is the registered office of Honeyfield GmbH. Exclusive place of jurisdiction is A-5020 Salzburg. To the extent permitted by mandatory law, Austrian law shall apply exclusively, excluding the reference norms of the IPRG as well as the UN Convention on Contracts for the International Sale of Goods (BGBl 1988/96).
11.5 In the event of invalidity of one or more of the agreed provisions, the validity of the remaining provisions shall not be affected. Instead, that provision shall apply which comes closest to what was intended by the contracting parties according to the original meaning and purpose of the invalid provisions.