General Terms and Conditions

Version 1.1 from 2014-08-14
If you have any questions about this General Terms and Conditions, the Privacy Statement or the End User License Agreement, please contact us.

Application

The term 'Ascolog GmbH' or 'us' or 'we' refers to the owner of the website. The term 'you' refers to the user, customer or viewer of our website.

These are the General Terms and Conditions which apply to using this website and to your purchase orders made either in Ascolog's webshop or by mail. By using this website or by making a purchase order, you confirm that you accept the General Terms and Conditions and the Privacy Statement. When you purchase software licenses you also have to agree to the End User License Agreement. The General Terms and Conditions, the Privacy Statement and the End User License Agreement (if applicable) form a legally binding contract between Ascolog GmbH and you.

Ascolog GmbH reserves the right to change the General Terms and Conditions, the Privacy Statement and the End User License Agreement at any time. Any changes are effective from the moment when the new versions are published on our website. All new purchase orders placed after the publication of the changes are governed by the new versions.

About Ascolog GmbH

Information about Ascolog GmbH is found in the Imprint.

Registration, Account

Before you can make a purchase order in Ascolog's webshop you must create an account by registering on our website. You will be asked to enter personal details and a password. If you decide to cancel your account we will delete all your personal information.

If you create an account for our website you are responsible for maintaining the confidentiality of your account and password. You agree to accept responsibility for all activities that occur under your account or password and to inform Ascolog immediately of any unauthorized use of your account. Ascolog is not liable for any loss that may occur as a result of someone else using your account. Ascolog reserves the right to refuse service or terminate your account.

Purchasing a Product

Commercial Customers

Ascolog GmbH only sells its products to commercial customers. By registering on Ascolog's website and/or making a purchase order you confirm that you are a lawfully operating business entity and are not acting as a consumer.

Placing a Purchase Order

By completing a purchase order in the webshop (online purchase order), you are making an offer to purchase the selected product at the price set out in Ascolog's webshop at the time you place your order. Besides placing an online purchase order you can also ask our sales department for a quote and place the purchase order by mail.
Ascolog reserves the right to refuse service or cancel purchase orders if we have not accepted them yet.

Prices and Taxes

Your total price will include the price of the product plus any applicable taxes. When you purchase licenses there are no delivery fees.
The price on a product's website page does not contain any taxes. Taxes like sales tax or VAT will be calculated during the checkout process. If you want to see the price including any taxes, add the product to the cart and provide all necessary information which are needed to determine the appropriate taxes (e.g. your place of business, VAT number). You will see the price including taxes on the review page of the webshop before you confirm your purchase order. If you are located outside the EU you might have to pay customs duty in your country.

Prices may change at any time, and Ascolog GmbH does not provide price protection or refunds in the event of a price reduction or promotional offering.

Payment

Credit cards
The webshop accepts the following payment methods: Visa and MasterCard credit cards
Payment can be made in EURO, USD or GBP.
The webshop offers 3-D Secure (Verified by Visa and MasterCard SecureCode). 3D-Secure is an additional security layer for online credit card transactions. 3-D Secure uses a personal code to identify yourself as the legitimate card holder. If you have enabled 3-D Secure for your credit card you have to use 3-D Secure when paying with your credit card. We are not responsible for any currency conversion charges your bank imposes.
You cannot split your payment between cards.

Bank Transfer
If we accept the purchase order we will send you an invoice which contains our bank account data (IBAN and BIC). The prices are the same as in the webshop. Using our webshop and paying by credit card will be faster and easier than paying by bank transfer. We are not responsible for any currency conversion charges your bank imposes.

Acceptance of Purchase Orders and Delivery

When you place a purchase order, you are bound by your order for a period of 7 (seven) days or until we reject your order within these 7 days. You cannot change or cancel an order you have already made.

When you make a purchase order in the webshop, you authorize Ascolog to charge your selected credit card. We will initially only obtain authorization for the relevant amount from your card company (i.e. authorization means that the card won't be charged but that the amount will only be reserved). Your card will only be charged, and the authorized funds will only be transferred to us, if we accept your purchase order.

When you use the webshop to make your purchase order an order acknowledgement webpage and email set out or contain a link to the final details of your purchase order. The order acknowledgement webpage and the email are automatically generated. The order acknowledgement is just a confirmation that your purchase order has been received. It does not indicate that we have accepted your order.

Within a maximum of 7 days after receiving your purchase order we will accept or reject your purchase order. If we accept your order we will send you an email that confirms that we accepted your order including an electronic invoice. If you placed the purchase order through our webshop, we will charge your credit card for the authorized amount and the authorized amount will be transferred from your card account to us. If you placed the purchase order by mail you will have to transfer the amount from your bank account to our bank account (our bank account data will be included in the quote). After the amount is transferred to our account we will dispatch the ordered items. Ordered licenses will be delivered to you by mail within a maximum of 7 days after receiving your payment. If we reject your purchase order (which we may do at our sole discretion) you will not receive an order acceptance confirmation and your card will not be charged. A purchase contract is only concluded when we accept your purchase order.

If a product becomes unavailable following a transaction and prior to delivery, your sole remedy is a refund. If technical problems prevent or unreasonably delay delivery of your product, your exclusive and sole remedy is either replacement or refund of the price paid, as determined by Ascolog GmbH.

Support

If you need assistence with our product we will be glad to help you. Ascolog offers free e-mail support for registered customers. Send your support request along with your customer ID to support@ascolog.com or use the contact form.

Returning Purchased Software Licenses

It is not possible to return purchased software licenses. Since Ascolog Insight provides free trial licenses which entitle you to use the offered software with the same functionality as with a purchased full license, all purchases of licenses are final. A trial license's only restriction is that the software can only be tested for a limited time period.

Payment Data Protection

Ascolog GmbH does not store any payment information that you provide. We will never ask you to provide us with payment data (e.g. credit card numbers) on our website or by mail.
Payment data always has to be provided on our payment service provider's server which is protected by an extended validiation SSL certificate. Our payment service provider is Viveum. Viveum provides Austrian companies with the industry-leading online payment system from Ingenico (formerly known as Ogone).

In order to protect you and us from fraud, we may provide relevant data related to the transaction to a reputable third party organisation to perform address verification.

Entire Agreement and Variations

These General Terms and Conditions, the Privacy Statement and the End User License Agreement (applicable only for licenses) constitute the entire agreement and understanding between you and us and supersedes any previous agreement (if any) relating to purchases made in our webshop and the use of the website. By making an online purchase order you confirm that you do not rely on any pre-contractual representations or statements.

A variation of this entire agreement is only valid if it is in writing and signed by or on behalf of each of the parties.

If any provision of the agreement becomes invalid, ineffective, vague or unenforceable for any reason in the future, the remaining provisions of this Agreement will remain unaffected.

Language

You agree that documents, agreements and communication will generally only be available in English.

Applicable Law and Dispute Resolution

Your use of this website and any dispute arising out of such use of the website is subject to the laws of Austria and any dispute shall be resolved by the jurisdiction of a court at Ascolog's place of business in Vienna, Austria. Unauthorized use of this website may give rise to a claim for damages and/or be a criminal offence.

Disclaimer

The information contained in this website is for general information purposes only. It is subject to change without notice. The information is provided by Ascolog and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website. Every effort is made to keep the website up and running smoothly. However, Ascolog takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

This website may also include links to other websites. We have no control over the nature, content and availability of those sites. These links are provided for your convenience to provide further information. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them. We have no responsibility for the content of the linked website(s).

Copyright Notice

This website and its content is copyright of Ascolog - © Ascolog 2014. All rights reserved.

This website contains material which is owned by or licensed to us. This material includes, but is not limited to, the design, layout, look, appearance, documentation, software, graphics and videos. Permission is given for non-profit electronic viewing. You may not, except with our express written permission, copy, distribute, modify, display, license or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system. Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

  • You may print or download to a local hard disk extracts for your personal and non-profit use only
  • You may copy the content to individual third parties for their personal use and non-profit use, but only if you acknowledge the website as the source of the material
  • The usage of software which is downloadable from this website is additionally governed by the terms of the software's End User License Agreement.

Content from third parties linked to or referenced from this website, is licensed to you by the third parties. All trademarks reproduced in this website, which are not the property of, or licensed to the operator, are acknowledged on the website.