ICSL Consulting GmbH · icsl.at
General Terms and Conditions (GTC) for Consumers — ICSL
ICSL Consulting for Information-Technology and Telecommunications GmbH (hereinafter referred to as “ICSL”) is an internationally active company offering solutions for the protection and secure transmission of information and for identity protection. These include highly secure voice and data encryption and transmission systems suitable for government use, highly secure security tokens and their integration, solutions for stabilising and ensuring communications on mobile devices, data security solutions for businesses, jamming solutions for government agencies and counter-surveillance services; analysis, consulting and training complete the communications and data security business area.
ICSL has its own development department for cryptographic, security and communications solutions and also provides distribution, training, maintenance and support for various manufacturers of high-technology security products.
For historical reasons, a now separate ICSL business area involves developing, establishing and reorganising companies in the ICT sector for innovative new solutions. Work in recent years has produced an ICT reseller network spanning 28 countries, which also offers new technology partners the opportunity for rapid market testing and rollout of solutions, as well as an IT department that develops productivity tools and tools to simplify business and sales administration, through to comprehensive web portals.
The publicly accessible part of ICSL's product and service catalogue, in its current version, may be viewed at any time on the ICSL website.
2.1 These General Terms and Conditions (GTC) apply to all deliveries and services provided by ICSL to its customers and to the resulting rights and obligations, unless more specific provisions of a supplier take precedence in an individual case — particularly regarding the scope of services, warranty, liability and service or support.
2.2 Conflicting or differing customer terms apply only if ICSL expressly accepts them. Accordingly, ICSL's GTC also apply where ICSL makes deliveries or provides services without reservation despite being aware of conflicting or differing customer terms.
2.3 These General Terms and Conditions apply exclusively to legal transactions between consumers and ICSL. For the purposes of these GTC, a consumer is any person entering into a transaction that does not form part of the operation of their business. This definition corresponds to §1 paragraph 1 item 2 KSchG.
2.4 These GTC also apply to future transactions between the contracting parties, even if no further reference is made to them.
3.1 Offers prepared by ICSL are non-binding on ICSL unless subsequently incorporated into a concluded contract.
3.2 A contractual relationship is established when, following receipt of an order or commission, ICSL issues an order confirmation to the customer and/or the customer fulfils the conditions imposed in the offer (advance payments or deposits, provision of suitable security or evidence of creditworthiness). ICSL is obliged to deliver only after these or other agreed conditions (such as customs declarations or export licences) have been fulfilled. (ICSL may nevertheless deliver at its own discretion or by agreement with the customer.)
3.3 Continuing contractual relationships (product rental agreements, maintenance agreements or similar) commence when the customer receives an RFS (“ready for service”) or activation notification (product-specific variations are possible or may be individually agreed with the customer).
3.4 The content and scope of the order are determined solely by the offer and, where applicable, the order confirmation and related agreements between the parties. Information in brochures, catalogues and other sales material binds ICSL only if expressly referenced in the order confirmation. ICSL is not obliged to provide additional characteristics of the contractual subject matter. Representations in test programmes, product and project descriptions, presentations and similar materials do not constitute assurances of characteristics. Assurances of characteristics beyond those ordinarily expected of the relevant product require express confirmation.
3.5 Amendments and additions to the contract are effective only with ICSL's express consent.
3.6 Where the contract concerns the supply of software, delivery includes the software executable on the specified equipment and a programme description, supplied either on a data medium or available for download from the ICSL website. All rights to the programmes and documentation remain with ICSL or, for third-party software, with the owner of that software, unless expressly agreed otherwise.
4.1 The customer shall fully disclose and provide to ICSL, at the customer's expense, all data and other information relevant to performing the services and obtain any necessary third-party consents. The customer shall notify ICSL immediately of any changes during performance of the contract. ICSL is not obliged to verify the completeness or accuracy of data, information or other contributions provided by the customer and is not liable for damage resulting from incorrect or incomplete customer information.
4.2 All notices and reminders from ICSL to the customer shall be sent to the address provided by the customer.
4.3 The customer shall immediately notify ICSL of changes to their name or address until the transaction covered by the contract has been fully performed by both parties. If no change is notified, notices are deemed received when sent to the address last provided by the customer. Requests for invoice amendments cannot postpone the due date.
4.4 If, after conclusion of a contract, it becomes apparent that ICSL's claim to counter-performance is jeopardised by the customer's inability to perform, ICSL has the rights under §1052 paragraph 2 ABGB (defence of insecurity), i.e. ICSL may require security from the customer where counter-performance is at risk. In this event, ICSL may declare immediately due all claims arising from the ongoing business relationship that are not yet payable.
4.5 Use or receipt of individual (software) products may require a network connection; for any necessary devices (PC, smartphone, etc.) not included in the scope of services and detailed technical requirements, see the service catalogue on the ICSL website. The customer must provide the network connection and device. ICSL is not liable for service disruptions caused by third parties or where third parties do not provide a required network service in certain regions, refuse required network services to individual customers or disable existing services.
4.6 ICSL subjects the use of its services to a fair use policy. This ensures that available transmission capacity is distributed fairly among all users.
5.1 All prices are based on ICSL's current price lists. Unless otherwise agreed, agreed prices are net prices in euros ex warehouse or EXW (under Incoterms 2010), excluding packaging and loading. Any duties or charges levied in connection with delivery shall be borne by the customer. If delivery to the customer is agreed, this and any transport insurance requested by the customer shall be charged separately.
5.2 The customer shall pay a deposit or advance payment equal to one third of the order value, unless otherwise agreed between the parties or in the offer. ICSL is obliged to perform only if the deposit or advance payment is received on time.
5.3 Fees arising from service agreements (product rental agreements, maintenance agreements, software licence agreements, etc.) are always payable annually in advance.
5.4 Agreed fees (deposit or advance payment, outstanding purchase price, rental charges, software and/or maintenance fees, etc.) must be transferred to ICSL's account within 14 days of receipt of the respective invoice (or order confirmation), with the customer bearing transaction costs.
5.5 In the event of late payment, even where not at fault, the customer undertakes to reimburse ICSL for reminder and collection expenses and all other costs necessary for appropriate legal enforcement, provided these are proportionate to the claim pursued. In particular, where a collection agency is engaged, the customer shall reimburse ICSL's resulting costs insofar as they do not exceed the maximum collection agency fees under the BMWA regulation. Any further damage must also be compensated, in particular higher interest incurred on any ICSL credit accounts as a result of non-payment, irrespective of fault for the delay. ICSL may also charge default interest of 4% p.a. from the due date. (See also 6.4.)
5.6 If a customer with an ICSL service agreement is in payment default, ICSL may suspend the agreed services after issuing a reminder, granting a 2-week grace period and warning of suspension. In this event, the customer remains obliged to pay the agreed service fees until expiry of the period during which termination has been waived.
5.7 In the event of payment default, ICSL reserves the right, after first reminding the customer, to inform Kreditschutzverband von 1870 (KSV). For this purpose, the customer's name, date of birth, address and outstanding balance will be forwarded to the KSV von 1870 trade credit database.
5.8 The customer may not set off outstanding claims against ICSL unless ICSL becomes insolvent, the counterclaim is legally connected with the customer's liability, or the counterclaim has been acknowledged or established by a court.
6.1 The place of performance for ICSL deliveries is ICSL's registered office. The place of performance for services provided by ICSL is determined by the relevant contract; in cases of doubt, ICSL's registered office applies.
6.2 When goods are ordered, ICSL determines the shipping route, means of transport and carrier unless otherwise agreed. ICSL arranges insurance or additional packaging, protective and/or transport aids during transit only at the customer's request or instruction and expense.
6.3 In the event of force majeure, both parties' contractual obligations are suspended. Force majeure also includes labour disputes at either party's or third-party businesses, transport delays, machinery breakdown, production outages for which ICSL is not responsible, governmental measures and other circumstances for which neither party is responsible.
6.4 The customer shall accept goods immediately once notified that they are ready for dispatch. If the customer delays taking delivery or refuses delivery, the customer shall compensate ICSL. ICSL may insist on acceptance and claim reasonable compensation for resulting expenses (transport, handling and storage costs). (For further consequences of default, see 5.4.)
6.5 Risk passes to the customer upon handover to the carrier or commencement of storage.
6.6 If shipping or delivery is delayed at the customer's request, for reasons attributable to the customer or due to force majeure, risk passes to the customer for the duration of the delay from the date the goods are ready for dispatch.
6.7 Partial deliveries are permitted.
7.1 Goods remain ICSL's property until paid for in full.
7.2 The customer shall take all legal measures to secure and protect ICSL's property; in particular, resale, pledging, transfer by way of security or other disposal is prohibited.
7.3 It is agreed that asserting retention of title does not constitute withdrawal from the contract unless ICSL expressly declares such withdrawal.
8.1 Existing know-how, ideas, inventions and patents contributed to the development of the relevant contractual deliverable, or developed during its provision, remain ICSL's exclusive intellectual property.
8.2 The content and concept of ICSL's offer remain ICSL's intellectual property, and ICSL alone holds all usage rights. If no contract is concluded with ICSL, the customer shall return all project documents and work products. Even if a contract is concluded, the customer may not reproduce the offer or other project documents or make them available to third parties without ICSL's express consent. Conversely, ICSL will not disclose the content and concept of the offer to third parties.
8.3 All project-related records, documents, work products and other materials transmitted to the other contracting party in any form remain the exclusive property of the transmitting party. The receiving party shall treat them as confidential, use them only for the duration of the contract and return them immediately on request. The confidentiality obligation ends five years after the relevant business relationship ends (or is governed by any individual or project-specific non-disclosure agreement). If, with ICSL's prior approval, the customer transfers contractual rights and obligations to a third party, the customer shall impose the stipulated confidentiality obligation on that party.
8.4 Where ICSL's performance is based on information, documents or plans supplied by the customer or third parties connected with the customer, the customer shall ensure that all copyright permissions necessary to use the work are obtained.
8.5 Upon fulfilling their financial obligations under the contract, the customer receives the following usage rights for its duration: a) a non-exclusive, non-transferable permission to use all ICSL ideas, know-how and inventions relevant to contract performance, whether patented or not, to fulfil the contractual purpose and no other purpose; b) the right to use ICSL hardware and other results, materials and documentation relevant to contract performance, with the customer obliged to treat all project documentation provided by ICSL as confidential; and c) a non-exclusive, revocable, non-transferable, limited right to use any contractual software and updates, features, new technologies, associated documentation and similar items created in the course of its use, on the hardware defined in the relevant customer contract by type, quantity and installation location. “Use” includes, in particular, installation and execution of contractual software by the customer. The customer shall comply with the applicable software licence terms and any usage conditions and refrain from distributing or copying the software. The customer shall indemnify and hold ICSL harmless against breaches.
8.6 The customer is not entitled to any other form of use, particularly publication, distribution or disclosure to unauthorised third parties, or sublicensing with or without payment, unless expressly agreed otherwise in the relevant offer or contract. Nor may the customer reverse-convert (decompile) software components, even in part, or develop similar components using them as a template. Compliance with this provision is an essential contractual obligation. In the event of a breach, the customer shall compensate ICSL or, for third-party software, other licensors for the resulting damage.
8.7 The customer shall not remove, edit, alter or render illegible any ownership notices, trademarks, network identifiers or similar markings affixed to or included with the contractual items delivered.
8.8 ICSL confirms that it is unaware of any circumstances, particularly third-party intellectual property rights, that would impede or prohibit the development, manufacture or sale of the contractual items.
8.9 If a claim is made against the customer for infringement of third-party intellectual property rights during normal use of a contractual item, the customer shall inform ICSL immediately (within two working days). The customer shall refrain from making statements, admissions or settlement proposals to the claimant. ICSL will defend the claim or modify the contractual item accordingly. If the customer is permanently prohibited from using the product as contracted because it infringes existing third-party rights, ICSL will, depending on economic feasibility, modify the item to avoid infringement or acquire the necessary rights for the customer. If this is not possible with reasonable effort, the customer shall, at ICSL's request, immediately return the original and any copies of the contractual item, including supplied documentation. This exhaustively governs all customer claims concerning infringement of industrial property rights and copyright, excluding any further obligation on ICSL.
8.10 Apart from the preceding provision, ICSL accepts no liability for agreements or settlements concluded by the customer without ICSL's express consent or for proceedings that also concern products other than those sold and manufactured by ICSL.
8.11 The customer shall indemnify and hold ICSL harmless against infringement of third-party intellectual property rights relating to: contractual items created exclusively from the customer's drawings, plans or other specifications; components, parts and similar items supplied to ICSL by the customer; and claims arising from installation, use, development or modification of the contractual item by the customer or a third party commissioned by the customer.
9.1 ICSL warrants that the contractual item is operational on the delivery date and has the characteristics expressly stipulated in the contract or otherwise ordinarily expected. Information in brochures, catalogues and other sales material binds ICSL only if expressly referenced in the order confirmation. ICSL is not obliged to provide additional characteristics. Representations in test programmes, product and project descriptions, presentations and similar materials do not constitute assurances of characteristics. Assurances beyond those ordinarily expected of the relevant product require express confirmation. ICSL warrants the integrity (unalterability), reproducibility and confidentiality of uploaded documents insofar as these are within ICSL's control.
9.2 In the event of a complaint, the customer shall immediately give ICSL an opportunity to inspect the goods concerned. On request, the goods shall be sent to ICSL at ICSL's expense. If a complaint is unjustified, the customer shall, on request, reimburse ICSL for the costs of inspecting the goods (transport and inspection costs).
9.3 If delivered goods are defective, the customer may initially request only repair or replacement, unless repair or replacement is impossible or would impose disproportionately high costs on ICSL compared with the other remedy. This assessment also takes account of the value of defect-free goods and the severity of the defect. ICSL will repair or replace within a reasonable period. If both replacement and repair are impossible or disproportionately costly for ICSL, the customer is entitled to a price reduction or, unless the defect is minor, rescission.
9.4 The warranty period is 2 years from handover unless a longer period has been individually agreed with the customer. The warranty period may vary by product.
9.5 The statutory provisions of §9 KSchG apply. Any further customer warranty claims are excluded, particularly compensation for damage not occurring to the contractual item itself. This does not apply where liability is mandatory in cases of intent, gross negligence or absence of assured characteristics. Compensation for claims and losses that do not arise from the defect in the goods itself but are consequences of that defect is excluded.
9.6 In all cases, no warranty is provided for faults, malfunctions or damage outside ICSL's control; unsuitable or improper use or handling; installation by the customer or a third party; failure to observe installation requirements and operating conditions; natural wear and excessive use; unsuitable operating materials or processing by the customer using products from other sources; infringement of third-party rights resulting from manufacture or delivery by ICSL according to customer drawings and specifications; programme changes, additions or other interventions by the customer or third parties; computer virus infection at the customer's premises or impaired programme execution caused by changes to the customer's system; use with products and/or software from other sources; unsuitable organisational tools and data media; network connection failure; transport damage, etc. Furthermore, ICSL does not warrant that supplied software meets all customer requirements (unless expressly made part of the contract), that programmes/software run continuously and without errors, that the offered software works with the customer's other programmes, or that all software errors can be corrected.
9.7 The warranty expires immediately if, without ICSL's consent, the customer or a third party not expressly authorised modifies, repairs or adapts the contractual item. Invoices for such work will not be accepted.
9.8 ICSL may restrict access to the offered services where required to ensure network security, maintain general service operation and network integrity, particularly to prevent serious disruption to the network, software or stored data.
9.9 The customer is familiar with the essential functional characteristics of the contractual item and has informed themselves of all necessary circumstances and potential risks associated with IT projects generally and the specific project in particular. Any uncertainties have been discussed with ICSL staff or qualified third parties before conclusion of the contract. The customer therefore bears the risk that the contractual item meets their wishes and needs, that the necessary system requirements are in place and that the item is compatible with their infrastructure.
10.1 ICSL is liable for damage within the statutory framework where intent or gross negligence is proven. Liability for slight negligence is excluded, except in cases of bodily injury.
10.2 ICSL is not liable for the consequences of disruption or interruption caused by unforeseen and exceptional circumstances, such as force majeure, labour disputes at its own or third-party businesses, transport delays, machinery breakdown, production outages not attributable to ICSL, governmental measures and other circumstances for which neither party is responsible, or necessary and appropriate technical measures (e.g. maintenance).
10.3 ICSL is obliged to perform regular data backups to the necessary extent. In particular, ICSL shall protect systems under its control against unauthorised viewing, storage, modification and other unauthorised access and attacks of any kind by third parties. For this purpose, ICSL takes appropriate measures to the necessary extent in accordance with the latest proven technology. However, ICSL is not responsible if someone succeeds in unlawfully obtaining and further using these data. The customer acknowledges that not every possible form of attack can be prevented and that ICSL's responsibility extends only to customary and reasonable industry practices.
10.4 ICSL supplies certain products only to military organisations, police units, government agencies and governments, exclusively for professional use. If, despite ICSL's notice, a customer uses such a product for purposes other than those intended, the customer shall indemnify and hold ICSL harmless against all resulting damage and/or third-party claims.
10.5 The customer shall comply with all applicable directives, regulations and laws of the Republic of Austria and the laws of the country in which the product or service is used, including but not limited to anti-corruption, anti-mafia and anti-terrorism laws, rules combating corruption and money laundering, and data protection and data security laws. The customer shall not impair public networks in any way. ICSL is not liable if the customer fails to comply with this provision.
10.6 Where use of products or services offered by ICSL requires a device to be provided by the customer, ICSL is not liable for that device's functionality.
10.7 ICSL operates its services with the utmost care, reliability and availability in mind. However, beyond the provisions of §6 paragraph 1 item 9 KSchG and §9 of the Product Liability Act, ICSL does not warrant uninterrupted access, that desired connections can always be established, or that stored data will be preserved under all circumstances.
10.8 ICSL exercises the utmost care and follows the current state of the art when installing and/or testing firewalls. ICSL expressly notes, however, that absolute security (100%) cannot be guaranteed for firewall systems. ICSL's liability under warranty or for damages arising from circumvention or disabling of the firewall system installed at the customer's premises is therefore excluded.
10.9 ICSL is not obliged to examine uploaded and/or transmitted data and documents for content, accuracy or completeness and accordingly is not liable for their content, accuracy or completeness. ICSL is not liable for third-party actions within the network and accepts no responsibility for damage third parties cause to the customer during network operation or through its failure.
10.10 Compensation for consequential damage caused by defects, other direct damage and losses, or lost profit arising from defective, omitted or delayed delivery is excluded where caused by slight negligence and not involving personal injury. Liability for personal injury and any claims under the Product Liability Act are not restricted by this provision.
10.11 Any limitation of liability also applies to the personal liability of ICSL's staff, employees, representatives and persons engaged in performance of its obligations.
10.12 When entering other countries, whether EU or third countries, the customer shall comply with the destination country's applicable laws relating to any products offered by ICSL. If the customer fails to do so, the customer shall indemnify and hold ICSL harmless against all resulting consequences.
11.1 If the customer has individually agreed with ICSL to receive a product for testing and is late returning test devices or systems supplied for limited use or a short test period, ICSL may, without prejudice to other agreements, charge a proportionate usage fee for the period exceeding the agreed test period.
11.2 This usage fee is based either on the customary useful life or the warranty period of the supplied device. Devices and systems requiring special commissioning by the customer — for example, personalising smartcards by recording fingerprints on the device itself — restrict ICSL's ability to reuse and resell them. In such cases, ICSL may invoice the full agreed price under the price list or agreement and thereby leave the devices permanently with the customer for further use.
12.1 Transfer by the customer of contractual rights and obligations to third parties, or transfer of the entire contract to a third party, requires ICSL's prior express consent. This also applies to any other grant of rights or any other factual or legal disposition of the contract in whole or in part.
12.2 If ICSL consents to further use of the services by third parties, the relevant rights and obligations pass to the third party. Nevertheless, the customer remains responsible to ICSL for all liabilities arising before transfer. The customer shall also indemnify and hold ICSL harmless if the third party breaches the contract.
12.3 ICSL may, in its own name and for its own account, commission third parties to perform the contract or individual contractual services after notifying the customer, provided this does not prejudice the customer's interests.
12.4 ICSL may also assign individual rights arising from its contractual relationship with the customer to third parties under §§1392 et seq. ABGB (assignment of claims).
12.5 All contractual rights and obligations pass to the respective legal successor. Unless universal succession applies, each contracting party shall transfer the contractual rights and obligations to its legal successor.
13.1 Service agreements (e.g. product rental, software licence or maintenance agreements) are generally concluded for an indefinite period.
13.2 However, unless otherwise agreed in writing, both parties expressly waive termination before two (2) years have elapsed. The precise waiver period may vary according to the type of service.
13.3 Either party may terminate an indefinite service agreement by registered letter to the other party, giving 90 days' notice before expiry of the termination waiver period; the postmark date applies.
13.4 If the customer does not terminate the service agreement in time within the notice period above, it automatically renews for one (1) further year. Before that notice period begins, ICSL will inform the customer of the need to give notice to avoid automatic renewal.
13.5 The foregoing does not affect the non-waivable right to terminate for good cause. Good cause includes the other party's incapacity to act, breach of statutory provisions, or non-performance or defective performance of the contract. ICSL may terminate this contract due to the customer's death, payment default despite a grace period, failure to pay deposits, advance payments or service fees or to provide agreed security, suspected misuse of services, serious failures by the customer to fulfil cooperation obligations, or breach of other material contractual obligations. In such cases, ICSL is entitled to payment for all services up to termination and reimbursement of any subsequent idle time or wasted expenditure.
13.6 Changes to ICSL's company or brand name or ownership do not constitute good cause and therefore do not entitle the customer to extraordinary termination for good cause.
13.7 If a party wishes to end the contract early for other reasons, it is deemed terminated when the other party accepts the declaration, subject to the conditions in the following paragraph.
13.8 If the customer ends the contract early and ICSL accepts, ICSL is entitled to payment of the recurring fees that would have remained payable during the termination waiver period or until expiry of the fixed term, plus a one-off compensatory payment for benefits granted, unless the customer proves that ICSL is at fault for the early termination. The compensatory payment is specified in ICSL's current price list.
13.9 Even after full performance by both parties and termination of all continuing contractual relationships, the provisions on confidentiality, data protection and information obligations remain in force for a further five years. The same applies mutatis mutandis if the contract ceases to exist for other reasons.
14.1 If the contract was concluded exclusively using means of distance communication as described in §5a paragraph 2 KSchG, the customer has a right of withdrawal for seven days from receipt of the information under §5d KSchG. If that information is not received, the right may be exercised up to three months after conclusion of the contract.
14.2 This right of withdrawal does not apply to contracts for goods made to customer specifications and tailored to the customer's personal needs (see §5f KSchG). Nor does it apply to contracts for software already unsealed by the customer or services whose performance for the consumer began, as agreed, within seven working days of conclusion of the contract.
14.3 In the event of a valid withdrawal, benefits received by each party must be returned concurrently. If the customer cannot return the goods, can return them only in part or returns them in a deteriorated condition, the customer shall pay reasonable compensation for their use, including compensation for any associated reduction in value.
14.4 Under §5g paragraph 2 KSchG, the customer shall bear return transport costs.
14.5 Services already performed and therefore definitively excluded from withdrawal shall reduce the purchase price refunded to the customer accordingly or, if acceptance is refused, be invoiced and treated as outstanding claims.
15.1 ICSL also offers customers the option to lease certain ICSL products.
15.2 ICSL offers leasing in cooperation with a leasing partner, which determines the terms. ICSL therefore cannot guarantee that a lease will be concluded; this depends particularly on the customer's creditworthiness.
15.3 ICSL's calculation of potential lease instalments is non-binding. Instalments are calculated individually for each customer based on factors such as creditworthiness, lease duration and product value.
15.4 If the customer chooses leasing, the customer consents to their data (name, address, etc.) being disclosed to ICSL's partner company to assess whether a lease can be concluded. The customer also consents to a credit check by the partner company.
15.5 ICSL is not liable for any claims arising from the lease.
16.1 These data protection provisions apply to all products, services and websites of ICSL, affiliated companies and partner companies.
16.2 ICSL collects personal data only when and to the extent that the customer knowingly and voluntarily supplies them through active input. Such data are processed and used only insofar as necessary to provide the service and handle enquiries or orders and as required or permitted by law.
16.3 These personal data are used for advertising and designing ICSL's services only where the customer has expressly consented.
16.4 The customer may withdraw consent at any time.
16.5 Data are disclosed to third parties without customer consent only where ICSL is legally obliged to do so. These data are not linked with other data.
16.6 The customer may request information about their data stored by ICSL at any time free of charge. The customer may also request deletion of personal data supplied to ICSL at any time, except for data forming the basis of an existing business relationship. A written request to ICSL (email or ordinary letter) is sufficient to request deletion.
16.7 The contracting parties shall comply with applicable data protection provisions and take the necessary security measures.
If any of the preceding provisions is or becomes invalid, the remaining provisions remain valid. Invalid provisions shall be replaced by rules that most closely reflect the contract's economic purpose while reasonably safeguarding both parties' interests.
18.1 Territorial jurisdiction for disputes with consumers is determined by §14 KSchG.
18.2 The parties' legal relations are governed by Austrian law.