1. Scope

1. The terms and conditions of Esselbach Internet Solutions for automatic data processing and information technology (hereinafter referred to as service providers) apply to all services offered by the service provider. They also apply to all future transactions, even if this is not expressly stated.

2. Legislation

2.1. The customer is also obliged to comply with Austrian laws in international traffic by the service provider and reports violations of the law to the service provider.

2.2. The customer is obliged to exempt the service provider from all claims and liabilities in the event of violations of Austrian or international law (such as the Telecommunications Act, the Media Act, the Prohibition Act, the Pornography Act, the Copyright Act).

2.3. The customer bears full responsibility for all activities from his account and keeps the service provider free from all resulting damage. This includes, in particular, fines to be paid and the cost of adequate legal defense.

3. Offers and prices

3.1. All prices listed on the homepage are intended for business customers and do not include VAT. Value added tax is charged when a customer purchases from the European Union without a VAT ID. The shopping cart shows the VAT due in your country before the purchase is completed.

3.2. All offers are non-binding. Price increases during the minimum period are excluded.

3.3. The service includes free email support that focuses solely on product maintenance.

4. Contract duration, terms of payment, termination

4.1. Unless otherwise stated, the minimum contract period for service providers of products is 1 year and ends automatically after this time.

4.2. The customer is obliged to pay for the service within 10 days of receiving the invoice. In the event of payment arrears by the customer, the service provider can block access to the service until the outstanding amount has been entered or terminate the contract and take the costs into account for the customer.

4.3. Unless otherwise agreed between the contracting parties, the offer is made in the form of an order or in prices and payment methods. The agreed fee for the duration of the contract must be paid in advance.

4.4. The service provider is entitled to withdraw from the contract if

a. The customer violates existing laws, the license agreement or the general terms and conditions
b. Concrete suspicion of illegal activities by the customer
c. The customer makes false statements or keeps circumstances secret which he would have drawn attention to before the contract was concluded.
d. The customer contradicts the "netiquette" and the generally recognized standards of network use, such as advertising by spam

5. Disclaimer

5.1. The service provider is only liable for damage outside the scope of the Product Liability Act if intent or gross negligence to be shown under the law. The liability for ordinary negligence, the replacement of damage and property damage, not achieved savings, lost profits, lost data, interest losses and damages from third-party claims against the customer are excluded. In particular, any claims in case the service provider server.

5.2. The service provider is not liable for the content, completeness, correctness, etc. or transmitted data and to data collected over the service provider can be reached.

5.3. The service provider does not guarantee that the services offered are available and that on the computers of the service provider stored data is always preserved.

5.4. The service provider reserves the right to block access if the legislation require this.

5.5. The service provider is only liable for employees, agents or agents if the damage was caused in gross negligence. This applies in particular to support customers. The service provider does not accept liability for damage caused by a necessary but not issued official permit or other regulatory approvals or required by, but not issued permits private or consent of third parties.

5.6. A conversion or price reduction is excluded.

6. Jurisdiction

6.1. The place of performance for all the benefits from contracts between the service provider and its contractors is Vienna, Austria. On contracts on the basis of these Terms are closed, only Austrian laws apply.

6.2. Where statutory provision does not exclude is the competent court in Vienna, Austria as a venue for all disputes arising from contracts between the service provider and its contractors.

Our privacy policy gives a simple overview of what kind of data we process when you visit our website.

Data collection on our website

What data is processed and for what purpose?

1) Data that is automatically saved when visiting our website in a server log file. These are, above all, technical data necessary for checking the system security. These are:

- Name of the called domain
- IP address
- Date and time of the request
- Page
- Used server protocol
- Status of the called page
- Referring website
- Internet browser detection. This may include browser name, version, and operating system

Furthermore, this data will be used anonymously for our web statistics. A merge of this data with other data sources will not be done.

The basis for data processing is Art. 6 (1) (b) GDPR allowing the processing of data for the performance of a contract or pre-contractual measures.

2) Data that you give us actively and voluntarily by registering on our website and whose processing you accept by agreeing to our terms of use and privacy policy, is based on your consent in accordance with Art. 6 (1) (a) GDPR.

When you register on our website, we at least save this information:

- Username/pseudonym
- Password
- Date of registration
- Date of the last login
- Anonymized IP address
- Location (City, Country)
- Browser signature

For reasons of privacy, we recommend using a pseudonym that differs from your name and email address.

The data provided during registration remain stored as long as you are registered on our website.

Anonymized IP addresses are stored by our system for 30 days to protect against possible violations and misuse, such as spam. Our system uses an internal antispam database to automatically block corresponding user accounts.

At no time will personal data, such as Email address, transmitted to external antispam services.

If you register a paid support plan, we will store the following data:

- Customer ID
- Password
- Name
- Company
- Email address
- Website URL
- Test Website URL

If you register the free starter plan, we will store the following data:

- Customer ID
- Website URL
- Test Website URL

3) Data that is processed by third parties and whose responsibility for data protection compliance lies with third parties

These are eCommerce services such as 2Checkout and plugins like YouTube to display videos on our website. An exact overview of used services and plugins of third parties can be found in the appendix.

4) Cookies

Like most websites, our website uses cookies. Cookies are small text files that contain data (such as your login) and are stored by your Internet browser. Most cookies on this website are called session cookies. These are automatically deleted after closing your Internet browser, other cookies remain stored on your device until you delete them.

You can also completely block cookies in your internet browser. In this case, restrictions may occur on our website. In particular, the login will not work.

Here are instructions for managing cookies for the most popular Internet browsers:

Google Chrome
Mozilla Firefox
Apple Safari
Microsoft Edge
Microsoft Internet Explorer

We use the following types of cookies:

Cookies on our website
A list of standard cookies on our website and its function can be found in the appendix “Standard cookies on our website”.

Third-party cookies
Cookies may be provided by third parties. Please refer to the links to the corresponding privacy statements in the appendix "Third-party services and plugins".

General information and mandatory information

Data protection

We take the protection of your personal data seriously and only store data that is necessary for the operation of this website. We treat your personal data confidentially and in accordance with the legal data protection regulations.

Please note that data transmission on the Internet, such as E-mail, may have security holes. A complete protection of the data from access by third parties is not possible.

Responsible for this website is:

Esselbach Internet Solutions
Philipp Esselbach
Rautenstrauchgasse 6-16/4
1110 Vienna
Austria

E-Mail:

Your rights

You have the right to receive free information about your stored personal data, the correction and limitation of processing at any time within the scope of the applicable legal provisions. Please note that we require proof of your identity for such requests, for data security reasons.

Information

If you have an active user account on this website, you can log in to our user management tool with your login to get an overview of all your stored personal data.

Data portability

You have the right to obtain personally identifiable information we have stored based on your consent in a structured, common, machine-readable format. If you have an active user account on this site, log in to our user management tool and select "Download this information".

Deletion and objection

You can always delete your active user account. This will deletes all personal data stored in your user account in accordance with Art. 17 (1) (b) GDPR. To delete your active user account, log in to our user management tool with your login and select the option "Delete my account". Please note that this process is not reversible.

Any public postings that you have written will be anonymised in this case, since otherwise existing topics will be taken out of context. Moreover, this would contradict freedom of expression and freedom of information. This constitutes a justified interest pursuant in accordance with Art. 6 Art. 6 (1) (f) GDPR.

Right of appeal to the competent supervisory authority

In the case of violations of data protection law, the person concerned has a right of appeal to the competent supervisory authority:

Austrian Data Protection Authority
Wickenburggasse 8
1080 Vienna
Austria

Homepage: http://www.dsb.gv.at

Third-party services

2Checkout

Our website uses 2Checkout from Avangate B.V. to handle the sales of our products. 2Checkout is the leading all-in-one monetization platform and the authorized reseller of the products and services offered on this website.

Operator is Avangate B.V., De Cuserstraat 93, 1st floor, 101 office, 1081 CN Amsterdam, The Netherlands. You can find the privacy policy of 2Checkout at: https://www.2checkout.com/legal/privacy/

YouTube

Our website uses plugins to display videos from YouTube. If you visit this page with embedded YouTube videos, the YouTube server will tell you which of our pages you've visited.

Operator is YouTube LLC, 901 Cherry Ave, San Bruno, CA 94066, USA. You can find the privacy policy of YouTube at: https://policies.google.com/privacy?hl=en

The use of YouTube is in the interest of an attractive presentation of our online offers. This constitutes a justified interest pursuant in accordance with Art. 6 (1) (f) GDPR.

Vimeo

Our website uses extensions to display videos by Vimeo. If you visit this page with embedded Vimeo videos, the Vimeo server will tell you which of our pages you've visited.

Operator is Vimeo Inc., 555 West 18th Street, NY, NY 10011, USA. The privacy policy of Vimeo can be found at: https://vimeo.com/privacy

The use of Vimeo is in the interest of an attractive presentation of our online offers. This constitutes a justified interest pursuant in accordance with Art. 6 (1) (f) GDPR.

Standard cookies on our website

Cookie Name: contentteller_cookiesconsent
Life span: 1 year

This cookie will be stored on your computer if you have consented to the use of cookies on our website. This option is only available for visitors from the European Union and can be revoked anytime by clicking "Click here to revoke your cookies consent again" in the upper right menu. You may need to logout to access this option.

Cookie Name: contentteller_user
Life span: 1 year

This cookie save the user login session to make it easier for users who participate on our website.  Visitors from the European Union need to give consent to store cookies on their computer in order to use this feature.