Terms of Service
These Terms of Service will be valid for all business relationships
between the users and qrd°by - Manager: Peter Hlavac
- for provision of the qrd.by platform (hereafter, »qrd.by WL«) services.
Any deviating terms and conditions
of the user will not be valid unless they have been explicitly
approved in writing or text form by qrd°by. By no later than when
the account is created with qrd.by WL, the user must acknowledge the
validity of these Terms of Service.
2. qrd°by's services
- Through the qrd.by WL service, qrd°by is offering the
possibility to create and track QR Codes as well
designing landing pages optimized for mobile devices.
- qrd.by WL is a service which is made available via the Internet.
The Internet access, which is needed in order to use qrd.by WL,
is not the object of qrd°by’s services.
- qrd°by reserves the right to expand and improve its services at any time.
No claim exists to the offering of additional functionalities
for the services described in Paragraph 1.
3. Free-of-charge trial and conclusion of the contractual agreement
- After you have successfully created an account, a usage relationship
is considered to have been established. The creation of the account
is considered to have been successfully completed when the user
confirms the creation of the account, e.g. by clicking
on an activation link in an e-mail.
- The user may test qrd.by WL for 30 days upon a free-of-charge basis.
If the user does not enter his payment data under the »Account«
tab during this trial, the user’s account will initially be set to
a “read-only” mode of all created data and landing pages.
By no later than 14 days after the trial ends,
the account will be deactivated and the usage relationship will
be ended. By no later than 28 days after the trial ends, all
data of the account will be deleted.
- If the user enters his payment data under the »Account« tab and
clicks on the »Purchase« button, a contractual relationship
triggering costs will be established after the 30-day test phase ends.
- The contractual relationship is upheld for an undetermined
amount of time.
- The contractor reserves the right put the user as a reference
on his website or other publications, as long the customer
does not expressly contradict.
- The monthly usage fee for qrd.by WL is accounted for at the
end of each calendar month. The amount due can be payed
either via invoice or credit card (AMEX, MasterCard or Visa).
Issuing of invoices and charging of credit cards happens on a quarterly or annual basis.
When paying by PayPal, the user can invoice
pay directly via a PayPal payment button on the portal.
- The user must ensure that the bank or credit card account from
which the amount is deducted has the required funds to cover the
payment. If the payment is not made owing to circumstances in the
realm of responsibilities of the user, qrd°by may
charge the additional costs incurred (e.g. default interest)
to the user in the respective amount incurred.
- Users will be provided with invoices in PDF format.
5. Information concerning the exercise of the right of withdrawal
Right of withdrawal
You have the right to withdraw from this contract within 14 days
without giving any reason. The withdrawal period will expire after
14 days from the day of the conclusion of the contract.
To exercise the right of withdrawal, you must inform us (
Deublergasse 37, 1210 Vienna Austria , E-Mail:
+43 1997 2742-0 ) of your decision to withdraw from this contract by an unequivocal
statement (e.g. a letter sent by post, fax or e-mail).
You may use the attached model withdrawal form, but it
is not obligatory.
To meet the withdrawal deadline, it is sufficient for you to
send your communication concerning your exercise of the
right of withdrawal before the withdrawal period has expired.
Effects of withdrawal
If you withdraw from this contract, we shall reimburse to you all
payments received from you, including the costs of delivery
(with the exception of the supplementary costs resulting from
your choice of a type of delivery other than the least
expensive type of standard delivery offered by us), without
undue delay and in any event not later than 14 days from the
day on which we are informed about your decision to withdraw
from this contract. We will carry out such reimbursement using the
same means of payment as you used for the initial transaction,
unless you have expressly agreed otherwise; in any event, you will
not incur any fees as a result of such reimbursement.
Model withdrawal form
(complete and return this form only if you wish to withdraw from the contract)
- To qrd°by -
Deublergasse 37, 1210 Vienna Austria , E-Mail:
+43 1997 2742-0
- I/We (*) hereby give notice that I/we (*) withdraw from my/our
of sale of the following goods (*)/
for the provision of the following service (*)
- Ordered on (*)/received on (*)
- Name of consumer(s)
- Address of consumer(s)
- Signature of consumer(s) (only if this form is notified on paper)
(*) Delete as appropriate.
- The user can terminate the contractual agreement for the use
of qrd.by WL at any time under the »Account« tab. The termination
will become effective at the end of the current billing month.
Insofar as the user cannot use this option, the termination
may also be declared in writing or in text form to qrd°by.
On cancellation the usage fee for the month of cancellation
will be fully billed. After that no futher fees are charged.
- The user may at any time download back-up copies of his data in a
standard format in his qrd.by WL account. When the account is
cancelled, the account will be deleted after 14 days.
- qrd°by has the right to terminate the contractual relationship with a
user without being required to state reasons for doing so by
providing three months’ notice with the termination to become
effective at the end of the respective billing month.
- If the user is late with his payment of the monthly amount by
more than eight weeks, qrd°by reserves the right to terminate
the contractual relationship with the termination to become
effective at the end of the current billing month. qrd°by’s claims,
which have been created through the past usage of qrd.by WL by the
user, will remain unaffected.
- If qrd.by WL is misused (see Clause 6 Para. 3) which results in
substantial restrictions of qrd°by for third parties, qrd°by
reserves the right to make extraordinary termination of
the contractual relationship.
- Any extraordinary right of termination
held by the user or qrd°by will remain unaffected.
- On the user's request all his created dynamic QR codes
may be hosted on qrd.by after termination.
This assumes, however, that there are no outstanding bills on
his account and that the account was at least one year active.
7. User’s obligations
- The user is obliged to truthfully provide and update information about
his payment data (including the billing address) when the account
is created or modified insofar as qrd.by WL is supposed to be used
beyond the free-of-charge trial.
- The user is obliged to protect his login credentials for his
qrd.by WL account so they are not disclosed to unauthorised third parties.
- The user is forbidden from misusing qrd°by’s services,
particularly the qrd.by WL service. Misuse is considered to
have occurred especially in the following cases:
- The publication or dissemination of
illegal or defamatory content
- The use of technical tools or methods which restrict
or may restrict the functionality of the provider’s
services (software, scripts, bots, etc.)
- qrd°by is entitled to promptly delete content created by
the user which is illegal and/or abusive.
8. API Usage
- qrd°by optionally offers its users supplemental
access to their data via a so-called API
(Application Programming Interface).
- The user has API access
in his qrd.by WL account by using his API key.
If a third-party service provider should
receive access to data from an account or user via the API,
the user has to additionally enter access credentials within the
- qrd°by is not responsible for services or the use of services
of third-party service providers who receive access to
the data from the account or the user via the API.
9. Usage rights
- qrd°by will grant each user a simple, non-exclusive right to use
qrd.by WL for the duration of the contractual agreement for his
own purposes. This usage right is non-transferable.
- qrd.by WL is a web service which is rendered by accessing qrd°by’s
server or servers. Software is not being supplied to the user.
- Insofar as new versions, updates, upgrades or other changes are made
to qrd.by WL during the contractual term of the contractual agreement,
the aforementioned provisions will be valid.
10. Availability of the services
qrd°by ensures that the services specified in Clause 2 Para. 1
will be available 95% of the time on an annual average.
Excluded from this guarantee are service defects for
which qrd°by is not responsible.
11. Liability limits
- If intentional wrongdoing or gross negligence has been committed,
qrd°by will be liable for all damages in unlimited fashion that
have been caused by qrd°by in conjunction with the rendering of
the contractual services.
- If simple negligence has been committed, qrd°by will be liable
in unlimited fashion if loss of life, physical injury or
damage to health has occurred.
- For free-of-charge services, qrd°by will have no liability
beyond the liability specified in Paragraphs 1 and 2.
- Otherwise, qrd°by will be liable in conjunction with the rendering
of fee-based services only insofar as qrd°by has violated an
essential contractual obligation. Essential contractual violations
refer abstractly to such obligations whose fulfilment only then
makes the proper implementation of the contractual agreement
possible at all and upon whose fulfilment the user may regularly rely.
In these cases, liability will be limited to providing damage
compensation for foreseeable, typically occurring damages.
- Insofar as qrd°by’s liability is excluded or limited in accordance
with the aforementioned provisions, this will also be valid
for the service provider’s vicarious agents.
- Liability in accordance with the Produkthaftungsgesetz
[Austrian Product Liability Act] will remain unaffected.
12. Data protection
- In principle, no personal data of the user
will be passed on to third parties.
- qrd°by will process only the personal data of
users which are required for the provision of
the services for qrd.by WL.
- In order to process the payment transactions, personal data must be
made available to third parties (payment service providers, banks
and credit card companies). However, in this case, only those data
will be made available which are absolutely required for the processing
of the payment transactions. At no time will the user’s time
tracking data be passed on to third parties.
- After the contractual relationship ends, the personal
data will be deleted insofar as no legal retention obligations exist.
In these cases, the data will be blocked. Data from accounts
which have been used only within the trial phase will be deleted
by no later than 28 days after the trial ends.
- Additional information about data protection and the purpose,
type and scope of the collection, processing and use of
personal data can be found in the Data Protection Declaration
which can be reviewed by clicking on the
13. Changes to these Terms of Service
- qrd°by reserves the right to make changes to these Terms of
Service in order to, for example, make adjustments as the
result of changes in legal directives or to introduce new services.
- The user will be notified by e-mail of changes that are made
to the Terms of Service. The changes will become effective if
the user does not object to the changes within six weeks after
the user receives the notification. The user will be specially
notified in the e-mail of the possibility of lodging an
objection and the deadline for so doing.
- If the user objects to the changes in the Terms of Service,
qrd°by will have the right to terminate and end the contractual
relationship with the termination to become effective
at the end of the current billing month.
14. Final provisions
- If the user is an merchant, a juridical person under public law
or a special foundation under public law, qrd°by’s commercial
residence will be the exclusive legal venue for all disputes
arising from the contractual relationship.
- If provisions of these General Business Terms and Conditions
should be or become invalid, this will not affect
the validity of the remaining provisions.
Vienna, on the 27th of July 2015