1.1. This TERMS & CONDITIONS apply to the business relationship between JoinVision E-Services GmbH (hereinafter referred to as "JoinVision"), A-1040 Vienna, Prinz-Eugen-Strasse 70, and their customers with respect to the CV Parser RapidParser.
1.2. The terms "customer" or "buyer" address in the following all companies, organizations, HR service providers, media and portal operators as well as individuals who book a credit package at www.rapidparser.com.
1.3. All services are offered and implemented exclusively on the basis of these TERMS & CONDITIONS. Deviating, conflicting or supplementary TERMS & CONDITIONS are no contractual component, even in case of knowledge, as long as JoinVision doesn't agree in written form.
1.4. Anyone who consumes products or services via www.rapidparser.com from JoinVision agrees to these TERMS & CONDITIONS and their compliance.
2.1. The subject of the contract is the granting of the right of using RapidParser as described in the section "usage rights" to the benefit of the purchaser by JoinVision.
2.2. The subject of the contract is furthermore the protection of all data transferred by the buyer to JoinVision in the context of this contract by compliance with the applicable data protection laws.
3.1. The contract is concluded with the booking and payment of the offer of JoinVision by the customer.
4.1. JoinVision grants to the purchaser, for the duration of the validity of the booked credits (= number of booked parsing pages), the non-exclusive, non-transferable, non-licensable but otherwise unlimited rights to use the CV parser RapidParser.
4.2. The buyer is not entitled to rent, lease, lend or transfer the right using RapidParser. The buyer is also not entitled to make changes to RapidParser, to commission third parties or to copy RapidParser or parts thereof.
4.3. The buyer is not permitted to make RapidParser accessible to any third parties directly or indirectly without the express written consent of JoinVision. The buyer is obliged to protect his personal passwords and login identifiers from access of third parties and to not pass them on to non-authorized users.
4.4. If the buyer notices any signs of abuse or misuse of his rights of use and access by any third parties, the buyer is obligated to notify JoinVision immediately.
5.1. The exact extent of the services provided by JoinVision with respect to RapidParser are determined by the customer when booking a package (Rapid XS to Rapid XXL).
5.2. The service is available 24 hours a day and JoinVision guarantees an availability of 99%. For services provided free of charge (eg. free access, test access) no scope of service is guaranteed, so it can also be changed, revoked, discontinued or restricted at any time.
6.1. Ordering and bying a RapidParser credit package results in a contractual relationship between the customer and JoinVsion.
6.2. If there are any credits left after the validity period of the RapidParser credit package expired, those are deleted by JoinVision.
6.3. If a new order of a package is issued during the validity of an existing RapidParser credit package, the remaining credits of the already existing package are endowed with the validity period of the new package.
6.4. The customer is not entitled to get any refund for any credits not used after they have expired.
6.5. The customer is obligated to exclusively provide data for which he owns all required rights of use. The customer shall indemnify JoinVision against any claims in this respect.
6.6. The customer is prohibited from providing incomplete, false, misleading or unlawful information.
6.7. For the duration of the business relationship, the customer allows JoinVision to process and store data in the course of the service to be provided according to the settings and transactions made by the customer. JoinVision commits itself to use the content only in connection with the service to be provided, in compliance with applicable laws, record retention and judicial instructions. An additional transfer to third parties without the consent of the customer will is excluded by JoinVision.
6.8. If a customer does not use his user account for a long period of time, JoinVision is entitled to disable it after an appropriate notifiation via e-mail and to delete all related data. The customer is responsible for keeping his contact data, especially his e-mail address, up-to-date in order to be contactable in case of notifications and system warnings. JoinVision is not obligated to check or guarantee the correct delivery of messages, as this is technically not possible for an e-mail sender. JoinVision, however, assures the customer to design and operate its e-mail systems in a way that high delivery quality is provided.
6.9. All users of RapidParser are obliged to treat their passwords and access codes or log-in data required for using the provided services in a confidential manner and to not pass them on to any third parties.
6.10. JoinVision is liable to the customer for any damage caused by the use of JoinVision only in the event of gross negligence. The liability for indirect damages - such as loss of profit, costs associated with a business interruption, loss of data or claims of third parties - is expressly excluded.
7.1. The invoice is delivered to the customer via e-mail immediately after an order has taken place and the payment has been carried out. In addition, the invoice can be downloaded at any time from the login area of the buyer's account. The customer expressly gives his consent to the transmission of invoices via e-mail.
8.1. Contracts are concluded for the duration of the runtime of the credit packages. A concluded contract ends when all booked credits are consumed or with the expiration of the booked credits, without a separate notice being required.
9.1. Exclusive jurisdiction for disputes arising out of or in connection with the business relationship is the competent court in Vienna. Only Austrian law applies to the business relationship.
10.1. Should individual provisions of these TERMS & CONDITIONS be invalid in whole or in part, the effectiveness of the remaining provisions shall remain unaffected. There exist no verbal side agreements. All agreements, subsequent amendments, additions, side agreements, etc. are only valid in written form.