The client shall on basis of these terms and the offer submitted by B2Match receive the single, non-exclusive, non-transferable, right to use B2Match services on the B2Match platform subject to the conditions presented in these terms. The right is limited in time for the duration of the contract and locally bound to the place of business of the client.
The B2Match platform is a web-based communication, event management, and business matchmaking platform. The platform enables the event organizers to generally manage their events and provides business matchmaking functionality for the event and event participants.
After B2Match receives a request for the setup of an event website, the client will be provided with the relevant contract information such as service fees and these terms of service.
Following conclusion of this agreement, which becomes effective, at the latest, when B2Match starts the setup of the event website on request of the client, B2Match shall provide the client with a client ID as well as a client password (hereafter simply referred to as “access data”). With this access data, the client is able to access the B2Match service. The access data may not be provided to third parties. Not considered as third parties in this context are employees of the client or other persons, insofar as they are present at the client’s office for the use of the B2Match services in accordance with these terms.
On client’s request B2Match sets up the event website on the platform according to the terms of the offer made by B2Match. After the initial set up, B2Match then provides the client with full control over their event website. All further actions (e.g. setup of matchmaking profiles, input of event data, mailings, and invitation of attendants) are the sole responsibility of the client. The client may only use the platform for lawful purposes and must not use the platform for any illegal activity. The client may fully indemnify B2Match in this respect.
The data aggregated on the platform are qualified as a database according to §§ 40f Austrian Copyright Act. The software running on the platform are computer programs according to § 40a Austrian Copyright Act. The client is granted by B2Match for the duration of the agreement, the right to use the platform according to Article 1 of these terms.
The website itself, the graphics, images, PDFs, and any other content is protected by copyright law. It is therefore not allowed to edit, copy, or publish such content without the explicit consent of B2Match or the mentioned sole owner of the copyright.
B2Match provides access to the platform and offers the client the possibility to publish their content on the platform. B2Match therefore is active as an information service provider who hosts and publishes third party content. Due to the plurality of such content, B2Match is neither obliged nor has the responsibility to check the content according to its factual or legal content. B2Match can access such content at any time, it will handle content confidentially and only expose it to third parties (if not made public by the client itself) due to a juridical or governmental order, or with the consent of the client.
The client guarantees that their content on the platform does not violate legal provisions, morality, and the rights of third parties.
The client agrees to heed the relevant legal provisions and, in particular, not to infringe on anybody’s rights to a name, trademark, or other rights and will indemnify and hold B2Match harmless in this respect.
In case of a breach of the forgoing provision of the client B2Match is entitled to lock or erase client’s access data and or his other content from the platform and terminate the contract with the client immediately.
B2Match reserves the right to modify scope, contents, and functions of the B2Match services to maintain conformity with applicable rules and regulations as well as technical requirements and to accordingly modify or revise the services provided.
B2Match regularly updates the B2Match platform and offers its newer versions to the client. The client does not have a right to opt for the use of any older version of the platform, but shall always use the most recent version.
The agreement between B2Match and the client therefore applies to the use of every new version of the platform for the duration of the contract.
The B2Match platform-service is provided non-stop, 365 days per year. Excepted from this are repairs which cannot be delayed as well as limitations imposed by the traffic situation or operating condition of the Austrian or international telecommunications services. During such times, the B2Match services may (e.g. due to maintenance services) not be continuously available.
Should the client materially breach any provisions of these terms or any statutory laws as pointed out in section 3.2, B2Match is entitled to temporarily or permanently lock the clients profile and or event websites as well as delete any unlawful data or information hosted on the platform. In any case, claims of B2Match (especially payment claims) remain unaffected. Clients are obliged to deploy adequate technical and organizational measures to prevent misuse of B2Match services (especially access by non-authorized persons).
Client is liable for all damages or loss of payment incurred by B2Match due to misuse of the platform by their employees or third parties, who’s access was enabled through client’s access data.
In the provision of its services, B2Match assumes no liability for the up-to-dateness, completeness, and correctness of any requested or transferred data. B2Match is liable neither for claims resulting from delays during its use nor for damages resulting from service interruptions resulting from unavoidable events and force majeure. B2Match’s liability for both gross and slight negligence is excluded. Any claim to compensation is in its amount limited to the double turnover of the client during a year.
The client takes note of the fact that B2Match is neither a party to nor an intermediary for any agreements between a client and Users and/or data, but merely provides the client with the necessary infrastructure for a fee. The client furthermore takes note of the fact that B2Match in no way assumes the role of messenger for the transferal of data, declarations of intent, or other declarations to other users. B2Match does not intervene in the communications between users of the platform.
The client takes note of the fact that it is not possible to develop the platform in such a way that it is free of errors under all conditions. B2Match provides warranty for the suitability of the B2Match platform as it is made available for use in accordance with the terms of this contract and with the description of the program as described in the offer.
In case of substantial deviations of the program description, B2Match is required to rectify these. If B2Match cannot rectify such deviations or avoid these in such a way, that use in accordance with the terms of this contract is made possible, within an appropriate timeframe, the client is entitled to require a reduction of the service charges by a maximum of 20% or terminate the contract after a notice period of no less than a month. In case the platform after conclusion of contract is completely inoperable, client is entitled to claim full refund of payments already made within 14 days.
The client is required to render available to B2Match verifiable documents concerning the type and occurrence of deviations of the program description and cooperate in the confinement of errors. The errors or error messages must be capable of being reproduced.
The warranty does not cover errors caused by non- intended use of the platform. If an error detection procedure indicates that the cause of an error is within the scope of responsibilities of the client, B2Match is entitled to charge the client for the corresponding costs incurred at the rates currently applicable.
Security information, in particular with regard to repair times, availability, measures against data loss, security measures and the storage of security measures, firewalls, measures against spam, trojans, phishing and mail bombing can be provided on request of the client.
B2Match retains the right to mention clients for referral purposes in publications and advertisements. This applies to print publications as well as the use on websites or presentation and the use of the name of or the identification of the client in emails or other documents.
The contract is valid from the point of its conclusion and is concluded for the duration of 3 (three) months after the event date – if not further specified in the offer to the client. B2Match retains the right to immediate termination of the contract as well as blocking/the deletion of data for an important reason. For B2Match, an important reason is especially given, if
B2Match retains the right to inform users directly or indirectly affected by the blocking or deletion of client access up to two weeks before the actual blocking or deletion about the blocking or deletion of a client’s access.
Any kind of contract termination must be in writing. E-mail to the address specified in the contract or provided in any communication with the client is sufficient.
B2Match event websites will be available online for the client (and the participants) for 24 months after the event. Before a B2Match event website is removed from the web, the main organizers are informed 4 weeks prior to the removal. Event organizers can request to keep a B2Match event website online for more than 24 months. In such cases a small fee will be charged.
In each case of contract expiry the registration data of the client shall be deactivated by B2Match. B2Match is not obligated to store data relating to the client or his contractors for more than 24 months after termination of the contract.
For the services performed by B2Match on basis of this contract, the client shall pay the service charges listed for services in the offer or those published under our pricing page if not submitted with the offer.
If a client requires an amount of support (Helpdesk) that is substantially more than his pre-ordered Helpdesk package, the client shall be upgraded to the next suitable Helpdesk package.
Invoices are issued in electronic form only.
The invoice amount and any other charges shall without any deduction be booked off the bank account provided within 4 (four) weeks, days after submission of the invoice or shall be due payable in a way chosen by the client (e.g. PayPal) within the time period listed in this article.
If the client requires an event-fee payment functionality for participants, such payments are managed via third party websites (e.g. PayPal). B2Match is not liable for any damages or loss of payment incurred by those third party payment service linked from a B2Match site.
Client-specific modifications, additions and expansions which are not mentioned in the contract are subject to further charging. The fees charged for specific adaptations are negotiated beforehand. The hourly rates charged for adaptations are 85 Euro/hour.
B2Match shall organize the transfer and handling of data in a way that is as secure as is currently possible. Data between participants/clients and the platform is transferred using the HTTP protocol.
B2Match shall process personal data only in order to fulfill its obligations arising from this contract and to maintain the quality level of the platform. In doing so, it shall adhere to the provisions of the Austrian Data Protection Act. The client shall only transmit personal data to B2Match in relation to their user account. Beyond that, the client shall not transmit to B2Match any personal data.
B2Match is a service agent to the customer according to § 4 Abs 5 Austrian Data Protection Act.
B2Match is entitled to perform anonymized analysis on transmitted data for internal and external purposes. B2Match informs users in an interval of one month about topic-related upcoming matchmaking events. Users have the right to opt out of receiving such updates at any time.
The contractual relationship is subject to Austrian law. The applicability of the UN Convention on the International Sale of Goods is precluded. Place of performance is Vienna. The competent court in Vienna shall have exclusive jurisdiction.