General Terms and Conditions

Version 24 April 2023

1. Scope

   These General Terms and Conditions (the “GTC") apply to all current and future transactions and business relations between Linkomat GmbH, registered with the commercial register of the commercial court in Vienna under registration number FN452179w, having its registered office in Vienna (hereafter "Linkomat"), and the user (hereafter “User”) of the products and services on any of the websites operated by Linkomat as stated in the Imprint, including but not limited to VATiva.io (the "Websites"). These GTC apply regardless of whether the products or services are used against payment or for free and with or without registration. Any terms and conditions provided by the User shall not apply. Such terms and conditions shall only be valid upon written confirmation by Linkomat.

2. Consumer protection

   If the User of the Websites is a consumer as defined in the Austrian Consumer Protection Act (Konsumentenschutzgesetz) in its current version, these GTC shall apply to the extent not contradicting the mandatory provisions of the first main section of the Consumer Protection Act.

3. Effectiveness and amendments to the GTC

   These GTC govern the access to and the use of the Websites, in particular VATiva.io, and any other websites operated by Linkomat. By first accessing the Websites, the User accepts these GTC which come into force from the first use of the Websites. If the User does not accept these GTC then he must exit the Websites. This applies regardless of whether the User is using the Websites with or without registration and making a purchase or not. Linkomat may at any time revise these GTC. Registered Users will automatically accept the amended GTC when they next login after the amendment. If the User does not accept the new GTC, the relationship will then be terminated on the basis of the GTC last accepted by the registered User. For non-registered Users, the amended GTC come into force when published on the Websites. It is up to the User to regularly review and examine the current version of these GTC. By accessing and using the Websites, the User automatically accepts the GTC in their current version.

4. Definitions
   1. Service

      Linkomat is the provider of a VAT ID number search engine on domains including VAT-Search.co.uk, VAT-Search.eu, TVA-Recherche.eu and UID-Suche.eu. These pages enable a User to find VAT IDs of businesses based in countries and territories all over the world, by entering a name or address, as well as to validate known VAT IDs. Linkomat also offers customer's master data monitoring, cleansing and enrichment services. Content and structure are exclusively the intellectual property of Linkomat.

   2. Order

      The Order must be created by the Buyer submitting the Order form on VATiva.io/order and regulates the Term, Price, Services, privileges, in general the scope of performance and the method for Payment. Before submitting any Order, the Buyer must accept these GTCs.

   3. Differences between Buyer, User und User Account

      Every person that visits at least one of Linkomat's Websites, including embedded Website hits (i.e., via iFrames) or API calls at least a single time is a User. A User can create a User Account to visualise a limited number of VAT IDs free of charge by providing his first and last name, a valid email address, and selecting a password. The contractual relationship between a User Account and Linkomat is personal and non-transferable. The User must provide true and complete information. The User Account has to identify itself with its email address and a password, a session cookie or an API key to Linkomat when using Linkomat's Websites. Users who have created a User Account for our free services, have the possibility to order and use our Credit-Packages, thereby becoming a Buyer. By submitting an Order for Credit-Packages, the User Account enters into a contractual relationship with Linkomat that replaces the previous relationship in accordance with these terms.

   4. Paid usage

      This clause 4.4 is only applicable to a contractual relationship with a Buyer as declared in 4.3.

      Linkomat grants the Buyer access to him assigned User Account(s). If the getVID endpoint of Linkomat recognises that the User Account sending the Query to the IT infrastructure used by Linkomat is one of the User Accounts, the Query is added to the Set of Used Up Credits by the Buyer with the timestamp describing this Query. One (1) Query shall be defined as the clicking of a hidden VAT ID and from a technical point of view the Hit of the getVID Endpoint /sites/getVID/get.php of Linkomat. If one of the User Accounts requests this Query, the User Account receives the VAT ID plus leading country code. Queries that contain no connection to any by Linkomat known VAT ID are not added to the Set of Used Up Credits by the Buyer. A network request to the search endpoint (defined more detailed in the API documentation provisioned) of the API of Linkomat (besides others available under api.vat-search.eu) is also added in the same way to the Set of Used Up Credits by the Buyer.

      Linkomat reserves the right to block the user account if legal obligations have been violated or not obeyed or the Request Count is higher than the Number of Credits per period included in the Credit-Package acquired by the Buyer, in the following Query Quota. Linkomat reserves the right to limit the to the Buyer assigned User Accounts based on the number of User Accounts included in the Credit-Package acquired by the Buyer.

   5. Unpaid usage

      Linkomat reserves the right to block the User if the Request Count of the User is greater than 3 in the last 168 hours before the Query.

   6. Provisioning

      This clause 4.6 is only applicable to a contractual relationship with a Buyer as declared in 4.3.

      1. „Start Date”: Linkomat must commence the provision of the Services within 3 (three) working days after the User Account submits order and the payment for the choosen Credit-Package is on one of Linkomat’s bank accounts. The day of the user account provisioning shall be the start of the subscription.
      2. „Completion Date”: Linkomat shall cease to provide the Services indefinitely, upon termination of the contract by either party or, temporarily, if the Request Count of the Buyer is higher than the Query Quota (both defined in clause 4.4), until the beginning of the next term, following the automatic renewal of the Credit-Package, unless the Buyer requires the pay as you go option enabling continuous usage of the service also after the Request Count becomes higher the the Query Quota, by paying for the excess requests pro-rata at the rate specified for the chosen Credit-Package.
      3. „Term“: Each Contract for a Credit-Package is valid for a period of either a month or a year, depending on the Credit-Package acquired by the Buyer and will be automatically renewed at the end of the specified length of the Credit-Package by the period agreed in each case (up to a maximum of one year per renewal), unless the Credit-Package is cancelled by the Buyer or Linkomat at the latest 1 (one) week before the expiry of the relevant contract.
      4. The Buyer can cancel a Credit-Package either in writing (e.g., letter, email) or electronically through the respective setting in your account.
      5. Upon termination of a Credit-Package, the Buyer status reverts to User Account with the restricted scope of use and services associated with the Unpaid Usage.
      6. Contracts with the Buyer for unpaid usage run for an indefinite period of time and may be terminated anytime by both parties (e.g., by email or electronically through the respective setting in the User account).
      7. The legal right of both parties to termination of both Unpaid and Paid Usage for material breach remains unaffected.
   7. Price

      This clause 4.7 is only applicable to a contractual relationship with a Buyer as declared in 4.3.

      As consideration for the provision of the Services for the Term by Linkomat, shall Linkomat receive the Price declared in the Order Confirmation.

   8. Payment

      This clause 4.8 is only applied to a contractual relationship with a Buyer as declared in 4.3.

      1. Linkomat shall provide a proforma invoice after Linkomat receives the Order by the Buyer. Linkomat shall invoice the Buyer after the Buyer explicitly requests so or Linkomat receives the payment for the Order.
      2. The Buyer must pay such invoices within 14 days of their receipt from Linkomat.
         If the payment of the Buyer to Linkomat is not on time Linkomat will deactivate the provisioned service until the payment is received. If the payment is not received within 21 days of the Start date the Services are automatically cancelled. In both cases Linkomat reserves the right to deactivate and block the usage of the Services by the Buyer.
      3. The whole Price must be paid either directly via wire transfer or indirectly via stripe.com to one of bank accounts of Linkomat that are specified on the proforma invoice or invoice, only such payments shall be recognised as full satisfaction of debt. Prepayment with discount is allowed for certain monthly packages, according to the terms stated in the Order Confirmation.
      4. Any charges payable under these GTC are exclusive of any applicable taxes, tariff surcharges or other like amounts assessed by any governmental entity arising as a result of the provision of the Services by Linkomat to the Buyer under these GTC and such must be paid by the Buyer to Linkomat in addition to all other charges payable hereunder. 
      5. In case of payment delays the interests according to § 456 UGB shall cover the period between the deadline laid down for repayment, exclusive, and the date on which Linkomat receives full repayment of the sums due, inclusive and shall be 2 % (two percent) above the basic interest rate announced by the Austrian National Bank.
      6. The contractor shall be Linkomat. The invoices are sent via email in PDF format to the email address of the Buyer defined in the attachment.
5. Contractual Relationship

   This clause 5 is only applicable to a contractual relationship with a Buyer as declared in 4.3.

   1. Validity

      The contractual relationship is valid from the Start date to the Completion date, both stated in 4.6.

   2. Cancellation

      An early cancellation of the subscription before the end of the term is only allowed due to important reasons but without a deadline. Important reasons are:

      1. The initiation of bankruptcy proceedings on the assets of a contractual partner or dismissal of a bankruptcy petition for lack of cost-covering assets and with initiation of judicial composition proceedings.
      2. One of the contracting parties loses his trade licence or sells its corporation.
      3. The contractual service is obviously impossible to deliver, i.e., caused by legal or regulatory sanctions, acts of nature, etc...
      4. A contracting party contravenes repeatedly against insubstantial or at one time against substantial rules or definitions stated in this contract.
      5. The Buyer does not meet its payment obligations within 21 (twenty-one) days after invoicing.
      6. Linkomat ceases its Services.

   In case of a cancellation, the refund of the Price is neither possible in part nor in whole. Contractual Relationships must be cancelled in writing, either by postal mail or email.

6. General Terms
   1. Changes to or discontinuance of services offered by Linkomat

      Linkomat is entitled to change or discontinue its products and services at any time, in whole or in part, without being required to state any reasons for doing so. Linkomat is also entitled to change subscriptions or the structure of subscriptions at any time, or to cease offering subscriptions in general. This also applies in relation to changing or discontinuing products and services to which Buyers have acquired a right by purchasing a subscription. Linkomat is not required to state any reasons for exercising the above-mentioned rights. In particular, Linkomat has the right to make changes pursuant to this Clause 6.1 with regards to the prices of all services, products and subscriptions.

   2. Warranty
      1. Linkomat represents and warrants that:
         1. it will perform the Services with reasonable care and skill; and
         2. the Services and the Materials provided by Linkomat to the Buyer under these GTC will not infringe or violate any intellectual property rights or other right of any third party.
      2. Linkomat explicitly not warrants that:
         1. any displayed information is correct or legally justified.
         2. any show or referred information within the Services or documents provided by Linkomat is valid or proved, neither legally nor officially confirmed.
         3. its Services are available at any time as stated in 3.4.
         4. Linkomat takes neither responsibility nor warranty for the validity and veracity of databases and their contained information. Linkomat makes no representation that this data can be used for the intended use by the Buyer. The databases as well as the contained data are arranged with the best of Linkomat’s knowledge and belief.  
   3. Users’ obligations, Prohibited Uses, Responsibilities, Grant of rights
      1. User Accounts shall prevent unauthorized access to or use of the services by third parties and shall in particular keep passwords and all other login information confidential. User Accounts shall promptly notify Linkomat if they become aware of or are suspecting any unauthorized access.
      2. Users agree not to use Linkomat services for any unlawful or illegal activity. Furthermore, Users shall not violate, misappropriate, or infringe any Linkomat’s or third-party copyrights, trademarks, rights of privacy and publicity, trade secrets, patents, or other proprietary rights.
      3. The services provided by Linkomat can only be used by Users to comply with provisions related to the supply of goods or services, to obtain information about the VAT identification number of any specified person. Any other use and retransmission of the contents of this site, as well as any more general use other than as far as is necessary to support the activity of a legitimate User is expressly forbidden unless otherwise specifically agreed.
      4. Where the Linkomat services allow Users to share e.g., spreadsheets with others, e.g., with colleagues or business partners or within a workspace where the User is the owner/admin of such workspace, for whatever purpose, the User shall be responsible for such third parties’ use and access to the spreadsheets.
      5. Users agree not to use the services and/or integrated and other third-party services to harass, defraud, abuse, stalk, threaten or defame any person or entity.
      6. Users shall not attempt to reverse engineer, decompile, hack, disable, interfere with, disassemble, modify, copy, translate, or disrupt the features, functionality, integrity, or performance of the services, including but not limited to, integrated third-party services, except to the extent such restrictions are prohibited by applicable copyright laws.
      7. Linkomat reserves the right to limit or restrict the User’s access and use of the services, integrated third-party services and/or to delete Users Account if the User is found in breach of or violate any of the regulations of these Terms. However, in such cases Linkomat shall notify the User of the respective breach and violation before such limitation, restriction, or deletion and allow the user to correct such breach and violation within ten days. The aforementioned shall not apply if the User has repeatedly breached or violated these GTCs.
      8. The User hereby grant Linkomat a royalty-free, worldwide, transferable, and perpetual license to use or incorporate into our website and/or our service/software any suggestions, enhancement requests, recommendations or other feedback provided to Linkomat that is related to our website and/or our service/software through any means.
   4.  Limitation of Liability
      1. Subject to the Buyer’s obligation to pay the Price to Linkomat, either party’s liability in contract, tort or otherwise (including negligence) arising directly out of or in connection with these GTC or the performance or observance of its obligations under these GTC and every applicable part of it shall be excluded in any case. To the extent it is lawful to exclude the following heads of loss and subject to the Buyer’s obligation to pay the Price, in no event shall either party be liable for any loss of profits, goodwill, loss of business, loss of data or any other indirect or consequential loss or damage whatsoever. This includes claims based on unjust enrichment and claims. The Buyer shall be responsible for the proof of the damage, causation and blame. If the relevant contractual relationship is a consumer transaction according to the Austrian Consumer Protection Act (KSchG), shall the limitations of liability not apply on damages to people and Linkomat shall be liable for slight negligence. 
      2. The Buyer renounces of any recourse to Linkomat in respect of claims of third parties, which are made against the Buyer.
      3. The Buyer is exclusively responsible for its User Accounts and his User Credentials (email address and password) to its User Accounts. Linkomat shall clearly not be liable for any damage based on loss or abuse of the Buyer’s user names, passwords or both. Loss or theft of the User Credentials of the User Accounts shall be reported to Linkomat as soon as the are discovered.
   5.  Availability

      In order to use the products and services offered by Linkomat, the Buyer must have operational Internet access. Linkomat is not responsible for any connection problems between the Buyer and his Internet service provider. Subject to the restrictions specified in this Clause 6.4, the products and services offered by Linkomat are basically available 24 hours a day. However, this does not apply to products and services that are subject to the availability of a public database, third party databases or third party services. Such products and services are available only during the official operating hours of these databases and services. Restrictions may also result from maintenance work or the operational status of the Austrian or international telecommunication links. Linkomat has no influence on the availability of the data communication networks of the various external connection providers. 

   6. Relationship of the Parties

      Both parties clearly confirm that Linkomat or its associated persons provide its Services as an independent business and that the Buyer acts independently. Both parties agree that no joint venture, alliance or similar relationship exists or arises between Linkomat and the Buyer hereby. 

   7. Confidentiality

      Neither Party will use, copy, adapt, alter or part with possession of any information of the other which is disclosed or otherwise comes into its possession under or in relation to these GTC. This obligation will not apply to information which the recipient can prove was in its possession at the date it was received or obtained or which the recipient obtains from some other person with good legal title to it or which is in or comes into the public domain otherwise than through the default or negligence of the recipient or which is independently developed by or for the recipient.

   8. Notices

      Any notice which may be given by a Party under these GTC shall be deemed to have been duly delivered if delivered by hand, first class post, facsimile transmission, or electronic mail to the address of the other Party as specified in these GTC or any other address notified in writing to the other Party. Subject to any applicable local law provisions to the contrary, any such communication shall be deemed to have been made to the other Party, if delivered by:

      1. first class post, 2 days from the date of posting;
      2. hand or by facsimile transmission, on the date of such delivery or transmission; and
      3. electronic mail when the Party sending such communication receives confirmation of such delivery by electronic mail. 
   9. Anti-Bribery and Anti-Corruption

      Linkomat represents and warrants that it, its owners, directors, officers, employees, sub-contractors and agents will act in full compliance with any applicable anti-corruption laws and regulations, industry and professional codes of and will not offer, promise, pay or arrange for payment or giving of a bribe or any benefit, advantage or anything of value to any public official, individual, entity or any other third party in exchange for an improper advantage in any form either directly or indirectly.

   10. Miscellaneous
       1. The failure of either party to enforce its rights under these GTC at any time for any period shall not be construed as a waiver of such rights. 
       2. In the event that individual provisions of these GTC and its Conditions should be ineffective or void in whole or in part, which is caused by any part, term or provision of these GTC being held to be illegal or unenforceable, the contracting parties shall undertake to agree to a provision that largely attains the purpose, both economically and functionally, and objective the ineffective or void provision aimed at.
       3. These GTC may not be amended for any other reason without the prior exclusively written agreement of both Parties. This also applies to deviations from the written form requirement.
       4. These GTC in connection to the Order Confirmation constitute the entire understanding between the Parties relating to the subject matter hereof unless any representation or warranty made about these GTC was made fraudulently and, save as may be expressly referred to or referenced herein, supersedes all prior representations, writings, negotiations or understandings with respect hereto.
       5. Neither Party shall be liable for failure to perform or delay in performing any obligation under these GTC if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to acts of God, war, civil commotion or industrial dispute. If such delay or failure continues for at least 7 days, the Party not affected by such delay or failure shall be entitled to terminate these GTC by notice in writing to the other.
       6. These GTC represent the entire contractual relationship between Linkomat and the Buyer or the User. There are no additional oral agreements.
       7. The laws of the Federal Republic of Austria, excluding the provisions of the law on conflict of laws under international private law and excluding the provisions of the UN sales law (CISG), shall be the applicable substantive law.
       8. These GTC shall be governed by the laws of the jurisdiction in which Linkomat is located (hereafter “Territory”) and the parties agree to submit disputes arising out of or in connection with these GTC to the exclusive of the competent court of the Territory.
7. Privacy Policy
   1. What are cookies?

      A cookie is a small text file, typically of letters and numbers, downloaded to your computer when you access websites. Typically, they contain the following information: a site name and unique user ID, the duration of the cookie's abilities and effects, and a random number. As a rule, cookies cannot be used to reveal your identity or personally identifying information.

      When you visit a website that uses cookies for the first time, a cookie is downloaded onto your computer. The next time you visit that website, your computer checks to see if it has a cookie that is relevant and sends the information contained in that cookie back to the website. The website then notes that you have been there before, and in some cases, tailors what pops up on screen. They also might record how long you spend on each page on a site, what links you click, even your preferences for page layouts and colour schemes.

      Generally, the role of cookies is beneficial, making your interaction with frequently-visited sites smoother with no extra effort on your part. Without cookies, online shopping would be much harder. Some websites will become less interactive with the cookie option turned off.

   2. Most common cookies
      1. Session cookies

         These cookies expire when you close your web browser (Internet Explorer, Firefox, Safari, Google Chrome). These cookies are used for various reasons, for example, remembering what you have put in your shopping basket as you browse a website. They can also be used for security to access your Internet banking or email.

      2. Persistent cookies

         These cookies are still stored on your computer after you have closed your web browser. These cookies are used for a variety of purposes, so it allows preferences to be remembered, for example your preferred language or currency, or your user name on a particular website.

      3. First and Third Party cookies

         This refers to the website placing the cookie. First party cookies are cookies set by the website you are visiting. Third party cookies are set by another website; the website you are visiting may have advertising on the page and this other website will be able to set a cookie on your computer. Main web browsers allow third party cookies by default. Changing the settings on your browsers can prevent this.

      4. Exceptions

         There are some exemptions to the above where it is essential for a website to store information on your computer, for example, to provide a service to you that you have requested.

   3. Our use of cookies

      We use cookies to improve your experience on our website and service and for functionality purposes;

      We also use cookies to understand your usage of our website and service;

      Examples of information processed by means of cookies include the name, email address, information on the computer and link to the Internet, such as browser type, version and number, operating system and platform, the uniform resource locators clickstream through and from the websites, browser data or similar data.

      Further information can be found on http://www.allaboutcookies.org/.

   4. Usage of First Party cookies on the Websites

      Cookies which are not required for accessing the website are nevertheless important. Without these cookies would features that enable a comfortable user experience not be available. Settings applied by the User could not be saved and would have to be again requested on every page. Because Users want the settings to have a long life time cookies are normally saved for one year.  

   5. Usage of Third Party cookies on the Websites

      Beside own content, does Linkomat also embed content created and served by Third Parties. They set cookies during the visit of Linkomat’s Websites and hereby receive information about the User behaviour or interests. For more information about the usage of cookies please visit the website of each content provider, i.e. Google.com.

   6. Denial of the cookie usage

      By using the Websites of Linkomat you automatically agree that these Website use First Party cookies. If you do not want that you have to leave the Websites of Linkomat.

      If you do not agree with the usage of Third Party cookies, which could not be controlled by Linkomat, can you disable them i.e. via browser plugins from the Third Parties. See the following plugin for deactivating Google Analytics: chrome.google.com/webstore/detail/google-analytics-opt-out/

      Alternatively is it possible to disable the cookie usage globally for your browser. Please mind that this can have severe limitations in functionality.

   7. Data privacy statement for the usage of Google Analytics

      This Website uses Google Analytics, a web analysis tool provided by Google Inc.,1600 Amphitheatre Parkway, Mountain View, CA 94043, USA, (hereafter „Google”). Google Analytics uses cookies to provide analytics for Linkomat. The information about the usage gathered on this Website is normally sent to and stored in the infrastructure of Google in the USA. The ip address is anonymised  before being sent to Google (for more information visit the following link: https://support.google.com/analytics/answer/2763052).

      Google analyses the Website usage, activity and behaviour and creates reports about this for Linkomat. The anonymised ip address transmitted to Google is not merged with other data of Google.

      For more information and the general terms and conditions of Google visit the following link:

      https://www.google.de/policies/

   8. Data privacy statement for the usage of Google AdSense

      Linkomat uses Google AdSense. This is a service provided by Google that embed advertisements to the Websites. Google AdSense uses cookies for analysing the usage of the Website. Google AdSense uses so called Web Beacons, invisible images that help Google with tracking the User flow. This information is sent to and stored from Google in the USA and is probably passed to other companies for data analysation and processing. Google is not connecting this data to their other data.   

      If you want to deactivate personalised advertisements please visit the following link:

      https://www.google.com/settings/ads

   9. Data privacy statement concerning the use of the VAT-Search Excel Add In

      Linkomat offers an Add In for Excel to access the VAT-Search API. The Add In logs all the validation requests sent to the VAT-Search API in the same way the calls directly over http to the VAT-Search are logged, which means that Linkomat stores all the request parameters, references to the user account that access the API and also the timestamp of API calls. Further to that, the VAT-Search API stores some key facts of the query response of each API call.

8. Flags

   The flags are provided by the following link http://vathanx.deviantart.com.

9. Ad Partner

   Further information about our ad partner can be found on the following link: https://g.ezoic.net/privacy/uid-suche.de