With the acceptance of the offer to use WorkHeld, a contractual relationship between the Accepting Company (hereinafter referred to as “customer”) and Tablet Solutions GmbH (operator of www.workheld.com/en and the WorkHeld applications, hereinafter referred to as “WorkHeld”) based at Rotensterngasse 5, 1020 Vienna.
1. Service description
The WorkHeld platform offers companies or their employees in the service planning (coordinator) the possibility to plan work orders (incl. documents) of technicians / workers and technicians the possibility to document their work. All information is generated and provided by the users themselves. WorkHeld itself exclusively offers the platform for this. The technicians / workers and the coordinators are both users of the WorkHeld platform.
Coordinators independently create jobs and upload the necessary documents to the WorkHeld platform.
Technicians / workers can be invited to use WorkHeld and then log in to the Tablet/Smartphone app. They will then see the work orders assigned to them, including documents, and can document their work in the form of the following entries:
- Working hours
- Travel time
- Measured values
- Material consumption
A “Collective PDF” can be created from the entries (hereinafter referred to as report or report).
These PDF reports can be digitally signed, but WorkHeld does not guarantee the legal validity of this signature.
In addition, spare parts can be ordered and managed and information on installations can be viewed in the field.
The customer expressly agrees that the documented entries of all users may be stored and processed on the WorkHeld servers.
The technicians / workers also agree that the documented entries may be viewed by the coordinators.
“Services” means all functions provided to the customer via the WorkHeld platform.
2. Paid use
For the use of WorkHeld, Tablet Solutions GmbH offers the use of the services with costs. A monthly or annual fee is payable in advance according to the offer. This fee allows you to use the WorkHeld platform and applications.
Users must register to use WorkHeld. The use of WorkHeld’s services is open to natural persons aged 18 and over who are able to conclude a legally binding contract. The profile data provided must be truthful and complete and must be kept up to date. Multiple registrations are not permitted.
This permission of use is automatically renewed until cancellation. The automatic renewal of the contract can be prevented by timely termination. As long as you do not cancel your usage authorisation before the expiry date, you automatically agree that the usage fee will be charged for the following period.
Unless otherwise stated in the offer, the term is one month for monthly payments and one year for annual payments. The license is automatically renewed for the respective period (one month or one year in case of annual payment) unless you cancel it within 4 weeks before its expiration (by mail to Tablet Solutions GmbH, Rotensterngasse 5, 1020 Vienna, Austria or by email to firstname.lastname@example.org/en).
Payment for the fee-based services is made at the prices and conditions stated on the website www.workheld.com/en or in an individual offer. All prices are exclusive of taxes. WorkHeld is entitled to adjust the prices, functionality and number of users of the services from time to time. The user will be informed about such an adjustment. Prices may be adjusted in case of expansion, modernization or change of functionality. Payment must be made to the account included in the invoice within 14 days of receipt of the invoice.
In case of non-payment for any reason or in case of violation of these conditions WorkHeld is entitled to immediately block the customer’s access to the service and to terminate the customer’s account.
In the event of account termination, WorkHeld reserves the right to charge a reconnection fee in the event that the customer requests that their access to the account be restored.
3. Free trial membership / trial access
Under certain circumstances, in addition to the paid use of the services on the WorkHeld platform, a free trial period is possible. This is 14 days unless otherwise stated during registration. The free trial period is intended to allow new and certain former members to try the service.
WorkHeld will evaluate the entitlement to a free trial period at its own discretion and may restrict it to prevent abuse. If it is determined that a member is not eligible for the free trial, WorkHeld reserves the right to revoke the free trial and suspend the account. In order to check the entitlement status, WorkHeld is authorized to access data such as the payment method or the email address that has already been used for an existing or until recently existing authorization of use. Certain restrictions may apply when combined with other offers.
The usage permission can be cancelled at any time before the end of the free trial period without giving reasons by email to email@example.com/en. The end date of the free trial period is always 14 weekdays after the test access data has been delivered. Individual agreements are excluded.
If the license of use is not terminated before the end of the free trial period WorkHeld will charge the license of use taking into account the trial period period period of invoice delivery to the respective user. With regard to use and the user fee the provisions of point 2 apply.
4. Contents of the WorkHeld App and on www.workheld.com/en
Tablet Solutions GmbH has taken great care in creating the content and functions in the WorkHeld Apps and on www.workheld.com/en. However, WorkHeld cannot accept any liability for the topicality, accuracy and completeness of this content and functions.
As a service provider, WorkHeld is not obligated in accordance with § 18 para. 1 of the German E-Commerce Act to monitor information stored, transmitted or made accessible by www.workheld.com/en and the WorkHeld Apps or to check for illegality on its own initiative. However, WorkHeld is obliged to comply with the request of courts or authorities for the transmission of such information within the framework of legal obligations to provide information and to cooperate.
WorkHeld reserves the right to change, amend, delete or temporarily or permanently hide contents that violate applicable law, morality, custom or contractual obligations without notice.
The user is obliged to regularly check the contents provided by him/her to ensure that they do not violate morals or customs, applicable law or the rights of third parties – in particular personal rights or copyrights – and to remove them if necessary or to report this to WorkHeld. All information posted and provided by the users (e.g. orders, comments, ratings, user profiles) are exclusively those of the author, on which WorkHeld has no influence.
5. Liability and responsibility of WorkHeld (www.workheld.com/en bzw. WorkHeld Apps)
WorkHeld is not responsible for information entered by the user or for arranging access to this information. Regarding the contents entered by users, § 16 ECG applies.
In particular, WorkHeld is not responsible for the accuracy of the data entered (e.g. contact details or addresses).
In particular, WorkHeld will remove or deny access to such information as soon as WorkHeld is informed of or otherwise becomes aware of a blocking or removal order or of the existence of circumstances which clearly indicate that the information is illegal.
WorkHeld is not liable for direct or indirect references (links) to external websites that are outside the responsibility of WorkHeld.
WorkHeld declares that at the time of setting the link no illegal content was recognizable on the linked pages. WorkHeld has no influence on the current and future design, content or authorship of the linked pages. For illegal, incorrect or incomplete content and damages resulting from the use of such sites, the provider of the site to which the link is made is solely liable.
WorkHeld provides all its services according to the current state of technical and organizational conditions. WorkHeld reserves the right to modify or, if necessary, discontinue the applications, the website www.workheld.com/en or the services.
WorkHeld uses a secure transmission method (SSL) for the transmission of data and documents. This is to achieve the highest possible security standard. Nevertheless, WorkHeld cannot accept responsibility for attacks by hackers.
WorkHeld accepts no responsibility for any interruptions, malfunctions, deletions, faulty transmissions or memory failure in connection with the use of services or communication with users / among users. WorkHeld is not liable for delay or impossibility of service due to force majeure (e.g. strike, fire, war, theft, etc.) or for reasons which are not within the sphere of WorkHeld (e.g. due to official orders or technical changes). The user acknowledges that the services offered by WorkHeld are offered with the involvement of third party network operators. The availability of the services is therefore dependent on the technical provision of external network services, for which WorkHeld cannot accept any responsibility.
In the event of maintenance work, the services offered may be restricted – the user has no claims whatsoever.
If a contract between users is concluded by using WorkHeld or the WorkHeld applications, only the users involved become contractual partners of the concluded transaction. Claims arising from contracts between users cannot be asserted against WorkHeld. WorkHeld itself does not become a contractual partner of contracts concluded exclusively between users. The fulfillment of these contracts concluded via the platform of WorkHeld is exclusively between the users. WorkHeld is not responsible for any disputes between users resulting from the contractual relationship.
6. Liability and responsibility of the user
By using the services of WorkHeld the user promises that the information provided to WorkHeld (especially invoice data) is correct, exact, current and complete. The user also undertakes to update his data immediately in the event of a change so that his data is correct, exact, current and complete at all times. If there is reason to believe that data is not correct, exact, current or complete, WorkHeld is entitled to block access as well as deny access to the site and services of WorkHeld.
Users are required to keep their password and account information secure and not to share it with anyone. Users are responsible for preventing unauthorized persons from accessing WorkHeld. Users are also responsible for all activities that occur in their account. Users agree to notify WorkHeld immediately of any unauthorized use of their account or other security breaches. Users are solely responsible for any use of their account.
The user is not allowed to (systematically) read out content or information of other users outside the company.
The user undertakes to indemnify WorkHeld for any damage caused by him in connection with claims, demands, lawsuits, etc. due to defamation, libel, violation of personal or intellectual property rights, failure to provide services for other users, violation of these terms and conditions or other rights.
Furthermore, the user undertakes not to misuse the services in the WorkHeld application or on www.workheld.com/en, in particular
- not to distribute immoral, obscene, pornographic or right/left radical, violent contents or photos
- not to disseminate defamatory, offensive or illegal material or information about it
- not to threaten or harass other persons or violate their other rights
- not to upload data that contains viruses
- not to upload data that is protected by copyright (unless he owns the copyright or has the appropriate permissions)
- not to provide false address data
- not to use the application or the website in a way that adversely affects the availability of the offers for other users
- not to intercept or attempt to intercept any information (e-mails, messages, etc.)
- not to send chain letters, illegal structural sales or similar
- not to generate traffic by unauthorised means
Failure to comply with the above-mentioned obligations may result in the following sanctions
- Request for comments
- Restriction of use
- Deleting contents
- Blocking of use
- Transfer of relevant information to criminal law to investigating authorities.
- Furthermore WorkHeld also reserves the right to take legal steps of any kind
Users are responsible for checking any third-party rights to the content they post and are solely liable for any infringement of such rights. The user agrees to indemnify WorkHeld in this respect.
The user transfers to WorkHeld all rights to works uploaded by him, of which he is the author, which are necessary for the use in the WorkHeld Apps or on www.workheld.com/en, in particular the right to reproduce, distribute to the users, transmit, broadcast, edit, extract from a database for retrieval, namely in terms of time, place and content to the extent necessary for the use intended by the user in the WorkHeld Apps and on www.workheld.com/en. The aforementioned rights entitle WorkHeld to display by means of all known technical procedures and all known forms of online media.
All content, information, logos, images, designs, layout, applications, sound documents, video sequences, descriptions, images and graphics etc. are and remain – together with the associated rights – the property of the respective owner. The user does not receive any rights of use or exploitation of WorkHeld’s works of any kind. The modification, distribution, reproduction, publication and transfer to third parties is not permitted.
All trademarks and trade names mentioned within the WorkHeld Apps and www.workheld.com/en and possibly protected by third parties are subject without restriction to the provisions of the respective protection laws and are the property of the respective owners. WorkHeld is not liable to the user for ensuring that the data and content transmitted or provided by him is free of third party rights.
If the software offered by WorkHeld or the offered picture, music, video files or similar are provided with technical protection devices, it is not permitted to circumvent these devices.
8. Warranty and compensation
WorkHeld is not liable for loss of performance which is not within its sphere of responsibility, such as in particular technical failures, force majeure or strike.
Claims for damages against WorkHeld resulting from the use of the WorkHeld Apps or www.workheld.com/en or arising in connection with legal transactions are excluded, unless the damage is caused to a person or WorkHeld or a person for whom WorkHeld is responsible has caused the damage intentionally or through gross negligence.
9. Data protection
10. Termination/termination of the contractual relationship
The user has the right at any time to terminate the contract regarding his use of the WorkHeld App and www.workheld.com/en with immediate effect. The termination is effected by deleting the user’s own user account. Excluded from this is the chargeable usage authorisation, for which the termination conditions set out in points 2. and 3. apply.
WorkHeld can terminate the contract with the customer at any time without notice for good cause. An important reason is any not only insignificant breach of duty of a user, especially a breach of these GTC. Legal rights of termination remain unaffected.
The contractual relationship ends automatically when WorkHeld terminates the application and the platform www.workheld.com/en.
In the event that WorkHeld sells the application and the platform www.workheld.com/en or parts thereof to a third party, the user agrees to a transfer of the contractual obligations, in particular the payment obligation, to the third party.
11. Final provisions
Should individual provisions of this agreement be invalid or unenforceable or become invalid or unenforceable after the conclusion of the contract, the validity of the remainder of the contract shall remain unaffected. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision, the effects of which come closest to the economic objective that the parties to the contract had pursued with the invalid or unenforceable provision. The above provisions shall apply accordingly in the event that the contract proves to be incomplete.
Austrian law shall apply to all legal disputes arising from this contract. The applicability of the UN Sales Convention is excluded.
Domestic jurisdiction is agreed upon. If it is not a consumer transaction, the court in Vienna, Innere Stadt, which is competent for the subject matter, shall be responsible for deciding all legal disputes arising from this contract.
The place of performance is the headquarters of Tablet Solutions GmbH.