last updated on 28.12.2024

These General Terms and Conditions apply to all business relationships between ProX Consult GmbH, Schubertstrasse 6a, 8010 Graz, Austria, represented by the Managing Director Mr. Markus Hofer, hereinafter referred to as 10xLEADER, and its customers in the version valid at the time of conclusion of the contract. Any conflicting general terms and conditions of the customer are hereby expressly rejected.

Service agreement

§ 1 General

a) Object of the agreement

(1) With this agreement, the parties agree that 10xLEADER shall provide the customer with the possibility to use the software application (hereinafter referred to as “Software”) for access against payment.(2) The objective of the agreement is the provision of the current version of the software made available to 10xLEADER for the use of its functionalities, the technical facilitation of the use of the software and the granting or brokering of rights of use to the software in return for payment of the fee specified in the agreement for the period specified in the agreement or in a separate agreement.

b) Contractual agreement

The contractual language is German. If German and English versions of the text exist side by side, the wording of the German version shall apply in case of doubt. 

c) Subsequent amendment of the General Terms and Conditions

10xLEADER is entitled to subsequently amend and supplement the General Terms and Conditions in relation to existing business relationships, insofar as changes in legislation or case law require it or other circumstances lead to this. A subsequent amendment to the General Terms and Conditions shall become effective if the customer does not object within two weeks of notification of the amendment. At the beginning of the period, 10xLEADER shall expressly inform the customer of the effect of his silence as acceptance of the contract amendment and give him the opportunity to make an express declaration during the period. If the customer objects within the deadline, both 10xLEADER and the customer may terminate the contractual relationship without notice.

d) Competitors

If the customer is a competitor, the customer is expressly prohibited from using or accessing the software. A competitor means an individual or entity engaged in a business that offers products or services similar to those offered by 10xLEADER, including employees, freelancers or other agents or representatives. This prohibition also extends to signing up for free trials. In addition, customers may not use the software to monitor its availability, performance or other functionality or for any other benchmarking or competitive purposes.

§ 2 Contractual relationship

a) Test phase – Free trial

After registering via the 10xLEADER website, the customer receives a personal account. These access data may not be passed on. The customer is responsible for keeping them safe. Registration under a false name and fictitious e-mail accounts is not permitted. In the case of obviously fictitious information, 10xLEADER reserves the right to delete the account. The customer shall compensate 10xLEADER for all damages for which the customer is responsible due to a violation of §2a.

Upon registration (entering email address and password and clicking on “Sign up”), a contract is concluded between 10xLEADER and the customer.

b) Chargeable use

If the customer logs into his customer account after the test phase, he must enter valid payment information and confirm all his details (e.g. name, address, payment method) and correct any input errors before he confirms the further use of the services of 10xLEADER by clicking on the “subscribe” button in order to access the data rooms of his customer account.

If the customer no longer registers after the test phase defined in the offer, no costs will be incurred. 10xLEADER will then delete the customer account after 3 months.

c) Contract duration

The contract is concluded for an indefinite period. Cancellation is possible immediately, without notice in the respective account. The right to terminate for good cause remains unaffected by this. After termination, 10xLEADER has the right to delete the account including all data after the termination takes effect.

§ 3 Provision of services

a) General

10xLEADER is a provider of Software-as-a-Service (SaaS) solutions based in Austria. 10xLEADER offers customers an e-learning-solution. These solutions and their use by customers require the storage of personal content and data with the aim and possibility of being able to access this stored data using certain devices and computers connected to the Internet.

b) Start of service provision

The booked services will be made available to the customer immediately after the payment information has been entered and the payment has been sent.

c) Delays in performance

10xLEADER shall not be responsible for delays in performance due to force majeure and due to extraordinary and unforeseeable events which cannot be prevented even by the utmost care on the part of 10xLEADER (this includes in particular strikes, official or court orders and cases of incorrect or improper self-supply despite a covering transaction to this effect). They entitle 10xLEADER to postpone the provision of services for the duration of the impeding event.

d) Resignation

In the event of non-availability for the aforementioned reasons, 10xLEADER may withdraw from the contract. 10xLEADER undertakes to inform the customer immediately of the unavailability and to reimburse any payments already made without delay.

e) Data access

The 10xLEADER data protection agreement applies. 10xLEADER collects, stores and processes data to the extent necessary for the agreed provision of services. Data storage takes place in Austria.

e) Maintenance

(1) 10xLEADER is obliged to maintain the contractually agreed quality of the software during the term of the contract (“maintenance”). In order to fulfill its maintenance obligation, 10xLEADER shall carry out the maintenance and repair measures required according to the state of the art.

(2) 10xLEADER shall only be obliged to modify or adapt the software if such modification or adaptation is necessary to maintain the software in accordance with the state of the art. Otherwise, 10xLEADER shall only be obliged to modify, adapt and further develop the software if the parties agree to this separately. In particular, 10xLEADER shall not be obliged to further develop the software without such a separate agreement.

§ 4 Payment

a) Payment methods

10xLEADER uses the payment provider STRIPE with the options of payment by credit card or PayPal. The customer agrees to payment via STRIPE (credit card or PayPal). The monthly amount owed by the customer is to be paid in advance and is due for payment on the 3rd working day of each month.

b) Prices

All prices are inclusive of VAT. The usage fee to be paid for the services offered by 10xLEADER results from the contractual agreement and depends on the type of license selected.

c) Default of payment

If the customer is at least 30 days late with a payment, 10xLEADER is entitled to refuse to provide the service until the outstanding payment has been made. This is done, for example, by suspending access to the software. If the customer is at least 60 days late with a payment, 10XLEADER is entitled to terminate the entire contractual relationship for cause. For the avoidance of doubt, all claims for late payments by the customer shall remain unaffected by such extraordinary termination.

In the event of late payment, interest may be charged at a rate of 9 percentage points above the prime rate of the European Central Bank. Should the customer fall into arrears with his payments, 10xLEADER reserves the right to charge a reminder fee of 5 euros. The assertion of further damages remains unaffected. The customer has the possibility to prove that 10xLEADER has suffered no or less damage.

§ 5 Duties and responsibilities of the customer

a) General

The customer is solely responsible for the content and accuracy of the data transmitted to 10xLEADER (login data, personal data, as well as data relating to the use of the SaaS service).

b) Rights of third parties

The customer also undertakes not to store, release or otherwise make available to other customers or third parties on the 10xLEADER platform any data whose content infringes the rights of third parties or violates existing laws.

c) Log-in password

The customer is solely responsible for managing their log-in password. The customer shall take appropriate measures to prevent third parties from gaining knowledge of the password and to prevent it from being lost. 

d) Confidentiality

(1) The customer’s rights under this contract are not transferable. The password, which enables the customer to access the personal area and thus also to record and store data, must be treated as strictly confidential and may not be passed on to third parties under any circumstances. The customer shall take suitable and appropriate measures to prevent third parties from gaining knowledge of his password.

(2) The parties mutually undertake to treat as confidential all knowledge of business secrets and other confidential information of the other party obtained in the course of the contractual relationship and to use it exclusively for the purposes of implementing the agreement.

(3) This obligation shall remain in force even after termination of the agreement.

§ 6 Availability and data backup

a) Availability guarantee

10xLEADER does not guarantee that the services offered will be available at all times. Furthermore, 10xLEADER does not guarantee that the services offered or parts thereof can be made available and used from any location.

b) Data backup obligation

Regular data backups are created by 10xLEADER within the usual framework and with the necessary care. However, 10xLEADER does not assume any general data backup guarantee for the data entered into the system by the customer. The customer is also responsible for creating appropriate backups of his data at regular intervals to prevent data loss. 10xLEADER does not guarantee that the stored content or data accessed by the customer will not be accidentally damaged or falsified, lost or partially removed.

§ 7 Warranty

10xLEADER gives no assurance, guarantee or warranty that

a) the use of the Software meets the customer’s requirements or expectations

b) All defects or faults relating to the products or functionality that are attributable to the customer as part of the Software, if they do not meet the requirements of the Software.

Unless expressly agreed otherwise, advice or information received by the customer from 10xLEADER shall not give rise to any warranty claims against 10xLEADER. 10xLEADER does not warrant that the Software is suitable or available for use at other locations outside the contract territory.

Should the customer discover defects in the software or the documentation, the customer must notify 10xLEADER immediately in writing. 

§ 8 Usage

a) General

The customer undertakes to use the services offered by 10xLEADER only to the extent permitted by law and these GTC. Any misuse will result in the exclusion of the right of use granted by the registration. 10xLEADER will deactivate the customer account of the respective customer after becoming aware of any misuse. Any fees already paid will not be refunded in this case.

b) Misuse

Misuse is deemed to exist in particular in the event of copyright infringements. In addition, misuse is the provision, distribution or other usage of illegally acquired data as well as the distribution or provision of data for illegal purposes. In particular, the use of the Software

●     for sending spam,

●     to send and store infringing, obscene, threatening, insulting or otherwise violating third-party rights content,

●     for sending and storing viruses, worms, Trojans and malicious computer codes, files, scripts, agents or programs,

●     to upload programs that are likely to disrupt, impair or prevent the operation of 10xLEADER,

●     attempting to gain unauthorized access to the Software or to individual modules, systems or applications or to grant such access to third parties

abusive.

c) Exemption

The customer undertakes to indemnify 10xLEADER against all third-party claims, including reasonable or legally determined costs for legal prosecution, which are based on non-contractual, abusive and/or illegal use of the website/app services and their content by the customer. The customer shall support 10xLEADER in the defense against such claims, in particular by providing all information necessary for the defense. The customer shall be obliged to compensate 10xLEADER for any damage incurred by 10xLEADER as a result of the successful enforcement of such claims by third parties.

§ 9 Liability

a) Unauthorized acquisition of knowledge

10xLEADER is not liable for 

●      damages incurred by the customer from the use of the software and 

●      Damage due to unauthorized access to personal customer data by third parties (e.g. due to unauthorized access to the database by hackers). 

10xLEADER can also not be held liable for the misuse by third parties of data and information that the customers themselves have made available to third parties.

b) Stored contents

The customer bears sole responsibility for stored content and files that require a license (e.g. fonts and images).

c) Third party claims

The customer undertakes to indemnify 10xLEADER against all third-party claims based on the data stored by him and to reimburse 10xLEADER for the costs incurred by 10xLEADER due to possible infringements of rights.

d) Suspicion of illegality

10xLEADER is entitled to block the account immediately if there is reasonable suspicion that the stored data was obtained illegally and/or infringes the rights of third parties. A reasonable suspicion of illegality and/or infringement of rights exists in particular if courts, authorities and/or other third parties inform 10xLEADER of this. 10xLEADER shall immediately inform the customer of the blocking and the reason for it.

The ban must be lifted as soon as the suspicion is invalidated.

§ 10 Final provisions

a) Place of jurisdiction

The exclusive place of jurisdiction for all disputes between the parties arising from or in connection with the business relationship shall be the competent court in Graz, Austria.

b) Choice of law

The law of the Federal Republic of Austria shall apply exclusively. The contract language is German.

c) Severability clause

Should individual provisions or parts of the contract prove to be invalid, this shall not affect the validity of the rest of the agreement. In such a case, the contracting parties shall adapt the contract in such a way that the purpose intended by the invalid or ineffective part is achieved as far as possible.