Scope of application

These terms apply to the commissioning and use of the offline and online services (software-products) - together hereinafter „Services“ - provided and performed by VALQUAS GmbH (hereinafter „VALQUAS“) and utilized by the service recipient respectively subscriber or user and her employees as well as third parties, authorized or tolerated by the recipient. (together hereinafter “Recipient”)

By utilizing our services, You agree without reservation to our terms and conditions including our privacy and data protection policies, which with this become the legal bases of the from it resulting contractual commitment.

Definitions

Services provided and performed by VALQUAS may be described as services and / or (web based) applications implied by the definition of Management Accounting, Business Performance Management, FP&A, …

More precise: the planning, documentation, analyzing, aggregation, reporting, presentation and forecasting of economic performances from an entrepreneurial point of view to provide a better overview and thus support the entrepreneur’s decision making and business control.

Calculations and operations are based on data and information provided and inputted by the Recipient. Therefore, VALQUAS can not be held responsible for the accuracy and correctness of calculated results.

Under no circumstances VALQUAS assumes any liability for the economic or entrepreneurial success of the Recipient ’s ventures.

Furthermore, although we are committed to take the utmost care to provide our services at the highest level, VALQUAS cannot assume liability for miscalculations or misinformation.

Particulars beyond the operational performance (especially regarding taxation) categorically shall be considered for orientation only and cannot be taken as reliable information.

VALQUAS explicitly does not rise the claim to meet the demands of, or comply with the accounting rules of the Recipient's respective country. Thus, our Services are not fit to replace according instruments or services to assure an accurate bookkeeping in accordance with existing rules, especially regarding tax reports.

VALQUAS cannot replace professional advice and counseling by qualified experts like tax advisors, lawyers or business consultants.

Aim, purpose and value proposition of VALQUAS is the clear and comparative display of mathematical (batch-) totals and their influencing factors from different entrepreneurial viewpoints along the applied timeline – giving thematic priority to the operational performance and the actual cash flow in order to provide the entrepreneur with the best overview and underlying details to support decision making and gain business control.


Commissioning

Commissioning the performance of, respectively access to our Services can be done with verbal, written or digital declaration of intent by the Recipient, declaring the nature and extent of the commissioning. The commissioning is accepted and binding for both parties upon confirmation by VALQUAS.

Guaranties and Liabilities

VALQUAS does not guarantee the correctness and completeness of arithmetic operations and does not assume any liability for their results.

It is noted that VALQUAS has no influence on the entrepreneurial respectively economic performance and that we cannot replace a careful and diligent decision-making process evaluated and executed by the entrepreneur (Recipient) applying the due diligence of a prudent business woman. The Recipient utilizes VALQUAS’ Services at her own risk.

VALQUAS assumes no liability for any damages or harm occurred when transferring data and information to the internet. The Recipient is advised, that transferring data to the internet carries the risk of unauthorized parties gaining access to this data during the process.

VALQUAS can only be held responsible for data breach happened within its own respectively commissioned Data Centers. So, behind the corresponding firewall.

VALQUAS assumes no liability for functions and functionalities of technical infrastructures or data transfer beyond its influence. Any access point used by the Recipient to access the internet as well as computing hard- and software the Recipient might use are explicitly beyond such influence.

VALQUAS does not bear the costs for services of third parties, unless explicitly stated otherwise.

VALQUAS does not assume liability for direct or indirect damages or harm occurred due to technical issues, server failure, maintenance, updates, downtimes, data loss, transmission errors, data breach, or similar events.

Under no circumstances will VALQUAS be made accountable for missed earnings or profits.

VALQUAS does not assume liability in case of force majeure and cannot be made accountable for damages caused by third parties.

The Recipient is responsible for the safekeeping of her password and, as far as under her influence, the prevention of unauthorized access to the system. Any suspicion of unauthorized access must be brought to VALQUAS’ attention immediately.

Third Party Services

Under the condition, that the Recipient is notified priory, VALQUAS is entitled to commission third parties with the fulfillment of the contract (in part or entirely) and/or utilize third party services to meet the value proposition. The terms and conditions (including privacy and data protection policies) of the commissioned third party then become part of the contractual commitment the Recipient agreed to.

Prices, Taxes, Fees

Unless indicated otherwise, all prices are net prices, exclusive of the relevant sales taxes (VAT) and are valid for the current commission only. If demanded by corresponding rules, the Recipient is obliged to assure accurate report and payment of respective taxes and fees.
Unless explicitly covered with the corresponding offer, any additional costs and fees occurring with the use of our services must be borne by the Recipient. This especially applies on the costs for accessing the internet. The recipient is hereby advised, that using our online-services might produce additional costs.

Payment & Terminability

Unless agreed upon otherwise, payment for our services has to be done in advance for the commissioned period of time respectively assigned milestones.

Unless agreed upon otherwise, the general period of notice is one month before the end of the term. If no notice is received, or not received in time, the contract will be extended by the original term.

Right to Cancel

In the event that dates of delivery are exceeded for reasons solely attributable to VALQUAS, the Recipient may cancel the commission after a reasonable period of grace with a registered letter.

Force majeure, labour disputes, natural disasters, boycotts and other events which are beyond the potential influence of VALQUAS release us from our obligation to deliver, respectively allows the unliteral subsequent determination of a new date of delivery.

Cancellations require the written confirmation of VALQUAS.

Copyright & Usage

All copyrights in and titles to the provided Services including functions, functionalities, form, design, logics, etc. belong without any time limitation or regional restrictions to VALQUAS respectively its licensors. The Recipient obtains the non-transferable, non-exclusive, non-sublicensable and to the contract period limited right to utilize the commissioned Services in accordance to the corresponding confirmation.

Any duplication or reproduction (even in parts) is strictly forbidden. Every violation of copyrights and other rights deriving therefrom as well es any kind of abuse or misuse will result in prosecution and claims for damages to find full amends.

The Recipient undertakes to use the provided services in appropriate ways and in compliance with the intended purpose as well as she undertakes to comply with the general standards of prudent behavior and reputable manners in chatrooms and any other communications. VALQUAS reserves the right to exclude the Recipient from usage of and access to Services in case of violations of these obligations.

Availability of Services

VALQUAS will make the most efforts to assure constant availability of its Services. In the event, that VALQUAS is forced to cancel some or all functionality of the Services – what is generally possible, we will do so the least damaging and least inconvenient way and with an appropriate prior notice.

The technical availability of our online-services and third-party services are regulated by the respective Service Level Agreements. In the absence of explicit Service Level Agreements, the industrial standard at the time of commissioning is considered to have been agreed upon.

Legal Succession & Assignation

VALQUAS reserves the right to appoint a legal successor to perform the commissioned services and/or assign its receivables to a cessionary.

VALQUAS can do so through simple notification if the Recipient will not experience any disadvantage or damage as a result.

Changes & Supplements

Changes & Supplements to these terms and our privacy and data protection policies will be e-mailed to the e-mail address, the Recipient provided with commissioning at least 4 weeks before coming into effect.

For this purpose, it shall be enough to refer to the internet address where the new version of the terms and conditions can be found.

If the Recipient does not explicitly disagree in written form within 21 days after receiving the above notification, the new version is considered as accepted by the Recipient.

Usage of our Services after the day on which the new version comes into effect is considered as acceptance.

In the event, that the Recipient experiences any disadvantage with the application of the new version, she does have the right to terminate the contract within one month of the date of notification without further notice periods.


Final Provisions

Except where otherwise specified, the legal regulations about businesses with full buyers shall be applied based on Austrian law. The place of delivery and state of jurisdiction is the registered office of VALQUAS in Austria, even if the Services were provided outside Austria.

If the Recipient is consumer according to consumer protection law, above provisions are only applicable in nature and extent as far as the regulations of the consumer protection law do not forbid or outrank these provisions.

VALQUAS is entitled to change the utilized (internet-) infrastructure as well as third parties commissioned to fulfill (parts of) the contract and further utilize new or advanced technology, systems, workflows and standards at any time even without notification, insofar the Recipient will not be disadvantaged.

Notifications and general communication will be sent to the e-mail address provided by the Recipient with commissioning the first Service and are generally considered as made accessible upon delivery of the electronic mail, regardless of the date on which the Recipient actually opened the e-mail. Thus, the Recipient is obligated to provide and maintain a valid e-mail address and notify VALQUAS if this address shall be updated.

If a provision of these terms (including our privacy and data protection policies) is or becomes illegal, invalid or unenforceable, that shall not affect the validity or enforceability of any other provision of these terms or the agreement as a whole. In such a case a regulation that approaches most nearly the original commercial intention shall replace the illegal, invalid or unenforceable provision.

These terms are analogously applicable to all activities VALQUAS may perform (even if not described in Paragraph 2, Definitions).