Terms of Service

General Terms & Conditions

SILVESTA GLOBAL e.U.

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Preamble

SILVESTA GLOBAL e.U., Owner: Silvestrenko Oleksandr, Matthias-Hau-Gasse 7/G/13, 1230 Vienna, Austria, e-mail: silvestaglobal@gmail.com hereinafter “Contractor”, specialises in 3D modelling and rendering as well as digital product presentation and design.

The clients are entrepreneurs within the meaning of § 1 para. 1 no. 1 KSchG (Protection Against Dismissal Act).

For the sake of better readability, no gender-specific differentiation is made. This is done without any intention of discrimination.

Point 18 specifically regulates if the customer uses the application “AR (Augmented Reality)”.

Scope of application

All business relations between the Contractor and the Client shall be subject to these GTC in the version applicable at the time of the conclusion of the transaction. These GTC supersede any general terms and conditions of the Client.

Offer and conclusion of contracts

The client may contact the contractor. The online presentation of their products does not constitute an offer by the contractor, but an “offer to submit an offer”.

The Contractor shall subsequently send the Client an individual offer. If the client agrees to this offer, the contract is effectively concluded at the time of receipt of the acceptance of the offer in the sphere of the contractor.

Alternatively, the contract is concluded by the Client ordering the services on the Contractor’s website against payment. The contract is concluded as soon as the Contractor confirms the conclusion of the contract (“order confirmation”) to the Client.

These General Terms and Conditions (hereinafter referred to as “GTC”) form an integral part of the contract concluded with the Client.

The client warrants that they possess the necessary legal capacity to validly enter into a contract with the contractor.

The contractor’s services shall be deemed to have been completely fulfilled with the delivery of the commissioned work.

Requirements for use

The Client is obliged to provide true and complete information in the course of the business relationship and to keep their data up to date at all times. The Client shall treat their data confidentially. If the Client suspects misuse by third parties, they must inform the Contractor immediately.

The Client shall refrain from any action that could jeopardise or impair the technical provision of the Contractor’s website (including cyber-attacks). Such behaviour will be legally prosecuted.

It is within the Client’s responsibility to create the necessary electronic infrastructure (in particular e-mail accounts as well as hardware and software infrastructure) for the use of the Contractor’s applications. The Contractor shall have no obligation to provide information or advice in this respect.

It is the Client’s responsibility to ensure that suitable passwords are used and that they are stored securely.

The Contractor is entitled to block a Client if the Client acts in breach of contract despite a reminder, if the Client is in default of payment despite a reminder or if there is reasonable suspicion of misuse of the Contractor’s applications.

Payment modalities

Unless otherwise agreed, the remuneration for the work shall be paid in full to the contractor in advance.

If monthly payment has been agreed, payment must be made to the Contractor in advance by the 5th day of the respective month at the latest. In short months, the remuneration shall be calculated on a pro rata basis.

The prices quoted are in EUR.

In case of doubt, VAT is not yet included. The amounts stated at the time of order apply in each case.

Payment shall be made by bank transfer to the account specified by the contractor. Whether the payment is made monthly or once depends on the agreement between the contractor and the client.

The contractor’s claims shall become due upon invoicing. If the claims are not paid within seven days, the contractor will charge 9.2% above the base interest rate (§ 456 UGB/Austrian Commercial Code) per year in statutory default interest from the due date. In the event of default, the client undertakes to reimburse the contractor for the reminder and collection costs incurred, insofar as they are necessary for the appropriate prosecution. The contractor can set a flat rate of EUR 40.00 for these reminder and collection expenses.

Service disruptions

The contractor shall not be liable if they cannot fulfil their obligations under the contractual relationship due to circumstances for which they or a vicarious agent are not responsible. This applies, among other things, to the lack of availability of energy or telecommunications services as well as due to force majeure.

Copyrights

The contractor is the author of the works created by them.

Upon full payment of all fees and expenses, the contractor shall grant the client a non-exclusive licence to use the works created by them, limited in terms of content, location and time to the purposes of the contract (within the meaning of Section 24 (1) first sentence UrhG/Copyright law).

Retention of title

All goods delivered by the contractor shall remain the property of the contractor until payment has been made in full.

Liability for damages and warranty

The contractor’s liability for slight negligence is excluded. The liability is limited to the amount of damages typically foreseeable at the time of conclusion of the contract.

This limitation of liability does not apply with regard to personal injury or for damages under the Product Liability Act.

The contractor shall not be liable for loss of profit vis-à-vis companies.

The client shall observe the obligations pursuant to §§ 377 et seq. of the UGB (Austrian Commercial Code).

Warranty claims lapse after one year.

Declaration to indemnify and hold harmless

The client guarantees that they have the necessary rights to process the objects of the order. The client further warrants that the contractor is entitled to process the subject matter of the order.

Should the contractor be held liable by a third party due to the conduct of the client, the client shall indemnify and hold the contractor harmless upon first request.

For any complaints, the transmitted objects will be kept for two years from their transmission.

Quality of the information provided

In order for the contractor to be able to fulfil their assignment, the client must provide the contractor with the necessary information in sufficient quality.

Obligations to cooperate

The client must provide the contractor with the necessary information. The contractor shall not be liable if the client fails to provide this information in an appropriate manner.

The contractor’s claims to remuneration shall remain unaffected by this.

Data protection and protection of business and trade secrets

The disclosure of data and information to the respective required business partners is permitted to the extent necessary for the fulfilment of the contractual relationship (Art 6 para 1 lit b GDPR). Otherwise, the contracting parties are obliged to maintain secrecy about the circumstances and data related to the other party of which they become aware due to the present business relationship and, in particular, to observe data secrecy. These obligations regarding data and business secrecy shall also apply beyond the contractual relationship.

The contractor draws attention to the fact that the client’s data may be processed for advertising purposes on the basis of legitimate interests (Art 6 para 1 lit f GDPR). The client may object to this form of data processing at any time (Art 21 (2) GDPR).

Reference clause

The contractor is entitled to communicate and publish the circumstance of the business relationship with the client as a reference and, in particular, to list the client’s brand on their homepage as a reference. This shall also apply beyond the contractual relationship.

Involvement of subcontractors

The contractor may use subcontractors for the performance of their obligations under this contract.

Jurisdiction and applicable law

This contractual relationship shall be governed by and construed in accordance with Austrian law. The application of the United Nations Convention on Contracts for the International Sale of Goods (CISG) as well as of conflict-of-law rules is excluded. The exclusive place of jurisdiction is Vienna.

The place of performance shall be the registered office of the contractor.

Duration of contractual relationship

The contractual relationship with the client begins with the conclusion of the contract. If a one-off service is owed (target obligation), the contractual relationship ends with the complete provision of the mutually owed services.

In the case of a continuing obligation, the contractual relationship may be terminated by either party with 14 days’ notice to the last day of any month.

AR application “Pro AR Models” and open-source reference

The Contractor offers the application “AR (Augmented Reality)” (hereinafter “Application”) on the websites: https://www.silvestaglobal.com/ and www.pro-ar-models.com respectively. This application enables the customer or their end customer to virtually place pieces of furniture, appliances and other objects in rooms.

The use of this application against payment shall take place in accordance with an individual offer by the service provider. Unless otherwise agreed, the customer is obliged to pay the fee for the use of the application in advance on a monthly basis. In the event of a delay in payment, the service provider is entitled to block the use of the application for the customer (or their end customer).

The duration of the contract depends on the individual agreement. In case of doubt, the contract is concluded for an indefinite period of time and can be terminated by either party at the end of any month upon 14 days’ notice.

For the duration of the contractual relationship, the service provider shall grant the customer a non-exclusive licence to use works within the meaning of Section 24 (1) first sentence UrhG (German Copyright Law) to use the application.

It is the customer’s responsibility to check whether they are technically able to use the application before using it against payment.

A user manual as well as the source code are not owed. However, the service provider draws attention to the fact that the application is partly subject to a BSD open-source licence. The licence text is available under the following link: http://polymer.github.io/LICENSE.txt. Reference to disclaimers within the meaning of this licence text:

// THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS

// “AS IS” AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT

// LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR

// A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT

// OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL,

// SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT

// LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE,

// DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY

// THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT

// (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE

// OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

The source code can be viewed under the following link: https://unpkg.com/@google/model-viewer@1.8.0/dist/model-viewer.js

and

https://unpkg.com/@google/model-viewer@1.8.0/dist/model-viewer.min.js

or will be transmitted to the customer by the contractor on request.

In addition, the provisions of these terms and conditions also apply to the purchase and use of the application.

Miscellaneous

If any part of these terms and conditions should be invalid, the validity of the remaining terms and conditions shall not be affected thereby. The invalid condition shall be replaced by a valid condition that comes as close as possible to the economic intent of both contracting parties as discernible from the agreement.

Amendments to these terms and conditions as well as supplements thereto shall only be valid if agreed and signed in writing.

The contractor recommends the client to save these GTC permanently.

(Autumn 2021)

Imprint in accordance with § 5 ECG, § 25 MedienG and § 14 UGB:

Silvesta Global e.U.

Owner: Silvestrenko Oleksandr

Matthias-Hau-Gasse 7/G/13, 1230 Vienna,

Austria

E-mail address: silvestaglobal@gmail.com

Telephone: +436763661719

Company registration number: FN 522366

Company register court: Handelsgericht Wien

UID: ATU74898836; DE327433859

Member of the Austrian Chamber of Commerce

Business Purpose: Advertising graphic design

Author: Attorney-at-law Dr. Tobias Tretzmüller, LL.M., www.digital-recht.at.

A copy of these GTC, or even only parts thereof, requires the consent of the author