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Terms of Service

1. Validity

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

  1. 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.
  2. 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.
  3. 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

  1. 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.
  2. 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.
  3. 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.
  4. The contractual relationship is upheld for an undetermined amount of time.
  5. 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.

4. Payment/Invoice

  1. 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.
  2. 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.
  3. 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 ( qrd°by - Peter Hlavac, 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 - Peter Hlavac, Deublergasse 37, 1210 Vienna Austria , E-Mail: , +43 1997 2742-0
  • I/We (*) hereby give notice that I/we (*) withdraw from my/our (*) contract 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)
  • Date

(*) Delete as appropriate.

6. Termination/Cancellation

  1. 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 further fees are charged.
  2. 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.
  3. 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.
  4. 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.
  5. 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.
  6. Any extraordinary right of termination held by the user or qrd°by will remain unaffected.
  7. 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

  1. 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.
  2. The user is obliged to protect his login credentials for his qrd.by WL account so they are not disclosed to unauthorised third parties.
  3. 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.)
  4. qrd°by is entitled to promptly delete content created by the user which is illegal and/or abusive.

8. API Usage

  1. qrd°by optionally offers its users supplemental access to their data via a so-called API (Application Programming Interface).
  2. 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 respective service.
  3. 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

  1. 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.
  2. 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.
  3. 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

  1. 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.
  2. 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.
  3. For free-of-charge services, qrd°by will have no liability beyond the liability specified in Paragraphs 1 and 2.
  4. 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.
  5. 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.
  6. Liability in accordance with the Produkthaftungsgesetz [Austrian Product Liability Act] will remain unaffected.

12. Data protection

  1. In principle, no personal data of the user will be passed on to third parties.
  2. qrd°by will process only the personal data of users which are required for the provision of the services for qrd.by WL.
  3. 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.
  4. 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.
  5. 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 privacy policy link.

13. Changes to these Terms of Service

  1. 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.
  2. 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.
  3. 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

  1. 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.
  2. 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