Imprint

KPPK Ziviltechniker GmbH
Gumpendorfer Straße 132/1/9
1060 Vienna 

Phone: +43 1 535 21 23 – 0
Fax: +43 1 535 21 23 – 30
E-Mail: office(at)kppk.at

Registered office: Vienna, Companies Register No.: 263937v
Commercial Court Vienna,
VAT ID: ATU61923912

IBAN: AT761500000771390176
BIC: OBKLAT2L

Licence: Licensed pursuant to § 22 Civil Engineers Act for civil engineering in the specialized field of construction civil engineering
Object of business: Construction civil engineering
Authorized representatives of governing bodies: Dipl.-Ing. Dr. Klaus Petraschka, Dipl.-Ing. Ralf Staadt

Membership in Chamber/Professional Association:
Federal Chamber of Architects and Chartered Engineering Consultants of Vienna, Lower Austria and Burgenland
Karlsgasse 9, 1040 Vienna

Notice on regulations applicable to the profession

Additional information pursuant to the Austrian Media Act:
Media owner and publisher:
KPPK Ziviltechniker GmbH

Web design and technical implementation
WordPress Agency LIMESODA

Important legal notice:
We have compiled the contents of this website with the great care. No liability is assumed for the correctness, completeness or up-to-date status of the contents.

Changes:
KPPK Ziviltechniker GmbH reserves the right to amend or supplement the information made available without prior announcement.

Links:
Our website contains links to the external websites of third parties that contain contents over which we have no influence. For this reason, we do not assume any liability for such third party contents. The parties offering or operating the websites to which we have links are responsible for the content of their sites; KPPK Ziviltechniker GmbH does not assume any responsibility or liability whatsoever for such contents.

Copyright Information:
All texts, graphic designs and images are protected by copyright law. Their use is permitted only with the explicit consent of KPPK Ziviltechniker GmbH.

E-Mails:
In accordance with the E-Commerce Act, we hereby point out that e-mails sent to us will be retrieved only during our usual business hours.

General Terms and Conditions

These General Terms and Conditions for ROSE (“GTC”) are an integral part of every offer and apply to the provision of ROSE. ROSE is provided exclusively on the basis of the GTC.

§ 1 Contracting parties and subject matter of the contract

(1) The GTC apply to contracts concluded between KPPK Ziviltechniker GmbH (“KPPK”), Gumpendorfer Straße 132/1/9, 1060 Vienna, Austria, and the customer (“Customer”) for the licensing of the web application ROSE, including the associated documentation (“Software”).

(2) The Software is protected by copyright. The Customer may only use it under the terms and conditions of the GTC.

§ 2 Rights of use to the Software

(1) Provided that the Customer complies with all provisions contained in this contract (in particular the payment of the licence fee in accordance with § 4), KPPK grants the Customer the limited, non-exclusive, non-transferable and non-sublicensable right to use the Software exclusively for the Customer’s internal business purposes for the duration of the contract. The use of the Software is subject to the fair use principle and, in accordance with § 5 (2), only one person may use the Software at a time.

(2) In the event of a delay in payment, the Customer shall have no right to use the Software without this reducing the claim for payment. The Customer shall only regain access to the Software upon full payment.

(3) The Software may not be passed on to third parties or published in accordance with § 6.

§ 3 Services

(1) The licence also includes the following services provided by KPPK during the term of the contract: (i) updating the Software (including maintenance of the stored variables and costs) in accordance with § 3 (2) and (ii) support in accordance with § 3 (3) for questions arising from the use of the Software. Training and special advice requiring more than one hour per request are not included.

(2) KPPK shall always provide the Customer with the latest version of the Software. However, KPPK is not obliged to provide a new version at specific intervals. The Software automatically checks for updates when it is run and updates to the latest version if necessary. This gives the Customer access to updated manufacturer and energy prices and any new features.

(3) The Customer will receive assistance from KPPK by phone or email in the event of Software malfunctions. KPPK will invoice the Customer for any questions regarding the operation of the Software that cannot be answered in the operating instructions in accordance with § 3 (4). Support is only available for the latest version of the Software. The Customer can contact KPPK on working days between 9 a.m. and 12 p.m. and between 1 p.m. and 4 p.m. (CET) under ; +43 1 535 21 23.

(4) KPPK shall provide additional services by agreement with the Customer for a separate fee. The fee shall be calculated on the basis of KPPK’s hourly rates valid at the time of performance, taking into account the time required.

§ 4 Licence fees and term

(1) The licence fees for the contract term are payable in advance. KPPK’s invoice must be paid within 14 days to the specified account. This also applies to contract extensions in accordance with § 4 (3). The licence fees are exclusive of statutory value added tax.

(2) Unless otherwise specified in the offer, the initial contract term is 12 months. This begins as soon as payment for the licence fee has been received in the account specified by KPPK.

(3) Unless otherwise agreed in writing in the offer, the contract shall be automatically extended by 12 months unless terminated in writing by one of the parties one month before the end of the term. In the event of a contract extension, KPPK shall charge the licence fees in accordance with the current price list, available at https://rose-kppk.at/.

(4) KPPK shall be entitled to terminate the contracts with all Customers with immediate effect for good cause upon discontinuation of the Software, subject to reimbursement of the pro rata licence fees for the period between termination and the end of the contract term.

(5) Any use of the Software after termination of the contract is prohibited.

§ 5 Access data and technical functionality

(1) The access data provided by KPPK to the Customer (username and password) is required to use the Software. The transfer of access data to third parties or the use of access data by anyone other than the user specified in § 5 (2) is not permitted.

(2) The Customer may use the Software on any Internet-enabled device. However, the licence may only be used by the Customer themselves (if they are a natural person) or by a specific employee of the Customer who has been notified to KPPK in advance in writing. Therefore, only one end device may be used at a time and only one person may be logged in. The Customer may transfer the licence to another employee twice a year. They must inform KPPK of this in advance in writing. If the Customer violates the obligations contained in § 5, KPPK may block access to the Software and terminate the contract with immediate effect. In this case, KPPK will not refund any licence fees already paid.

(3) During the execution of the Software, an Internet connection to a KPPK server may be established for a bidirectional connection (depending on the implemented functionality). In this case, the user may store data on this server. KPPK will treat this data as confidential.

§ 6 Prohibition of redistribution and modification of the software

(1) The Customer may not reverse engineer, disassemble, decrypt, translate, decompile, create derivative works from or otherwise attempt to access, imitate, derive or decrypt the source code of the Software, either directly or indirectly. The Customer shall ensure that its employees also comply with this prohibition.

(2) The Customer may not modify the Software or its components. Nor may they suppress or otherwise manipulate copyright notices, serial numbers or other features serving to identify the programme on the screen or in reports generated by the Software.

(3) Mandatory rights of the Customer pursuant to Sec 40d and 40e Copyright Act (UrhG) remain unaffected by § 6 (1) and (2).

§ 7 Warranty and liability

(1) The Customer is aware that the contents of the Software are based on third-party information and are subject to regular changes. KPPK is therefore not liable for the completeness and accuracy of all information. The Customer shall check any information, in particular prices, before making a decision. The results achieved with the Software are approximate values without any claim to complete accuracy. Notwithstanding this, KPPK warrants that the Software essentially corresponds to the service description in the offer. This does not apply to defects caused by the Customer’s use of the Software in a manner not in accordance with the contract or by data provided by the Customer, Customer materials or unauthorised changes or adjustments to the Software made by the Customer. The burden of proof for the existence of defects lies with the Customer. Sec 924 Austrian Civil Code (ABGB) is excluded.

(2) The Customer shall notify KPPK immediately by email to of any defects that become known to the Customer. The Customer is obliged to support KPPK in identifying and remedying the respective defect by taking appropriate measures. KPPK may, at its discretion, (i) adapt the Software within a reasonable period of time so that it corresponds to the agreed quality, or (ii) provide a replacement with essentially the same functionality and performance.

(3) If KPPK is unable to definitively remedy a defect within one month of notification by the Customer or if KPPK refuses to do so, the Customer shall be entitled to demand a pro rata reduction in the licence fees for the period between notification of the defect and the end of the contract term, failing which their claims shall lapse. The Customer shall have no further claims for compensation. Upon claiming the reduction in payment, the Customer’s right to use the product shall expire.

(4) Liability for indirect damage, consequential damage and loss of profit is expressly excluded. KPPK’s liability is limited to the amount of the annual licence fee. These limitations and exclusions of liability shall not apply (i) in the event of intent, (ii) in the event of injury to life, limb or health, or (iii) in the event of claims under the Product Liability Act.

§ 8 Place of jurisdiction and applicable law

(1) The exclusive place of jurisdiction for all disputes arising from the contract is the court with subject-matter and local jurisdiction for the registered office of KPPK.

(2) The contract is subject to the substantive law of the Republic of Austria, excluding the referral provisions and the UN Convention on Contracts for the International Sale of Goods.

§ 9 Final provisions

(1) KPPK may include the Customer’s name and logo and a brief description of the service provided in a reference list and publish this list.

(2) KPPK is entitled to amend these GTC at its own discretion at any time. The amended GTC will be sent to the Customer by email. The amendments shall take effect if the Customer does not object in writing within four weeks of the notification of the amendment being sent. In this case, the previous GTC shall continue to apply unchanged. In this case, KPPK shall be entitled to terminate the contract with the Customer for good cause. Other amendments and additions to the contract must be made in writing. This also applies to any waiver of the written form requirement agreed herein, whereby no such waiver, whether conclusive or implied, shall be presumed. Verbal side agreements are invalid.

(3) The Customer may only transfer the rights and obligations arising from the contract to third parties with written consent. KPPK is entitled to transfer the contract to third parties.

(4) Should individual provisions of the contract be or become invalid, the validity of the remaining provisions shall remain unaffected. The parties undertake to replace the invalid provision with a provision that comes closest to the intended purpose and that they would have agreed upon if they had been aware of the invalidity of the provision. The same applies mutatis mutandis to any contractual loopholes.

As of: November 2024