Right of Withdrawal

Information on the statutory right of withdrawal under the Austrian Distance and Off-Premises Contracts Act (Fern- und Auswärtsgeschäfte-Gesetz, FAGG) for the SaaS solution "Arbeitskraftwerk", operated by Webagentur Hochmeir e.U. Please note that a right of withdrawal exists only for consumers; "Arbeitskraftwerk" is, however, addressed primarily to businesses (temporary-work agencies and personnel service providers).

Scope and Definition of Consumer

This withdrawal policy applies to contracts concluded at a distance (e.g. via e-mail, telephone or online) or off business premises between Webagentur Hochmeir e.U. and a consumer within the meaning of the Austrian Consumer Protection Act (Konsumentenschutzgesetz, KSchG). A consumer is any natural person who concludes the contract for a purpose that lies outside their trade, business or profession.

"Arbeitskraftwerk" is a business-to-business product: the multi-tenant SaaS for Austrian temporary agency work (personnel leasing) is designed and offered for entrepreneurs, in particular temporary-work agencies and personnel service providers. Where a contract is concluded by an entrepreneur within the meaning of Section 1 KSchG & the Austrian Commercial Code (Unternehmensgesetzbuch, UGB) — that is, in the operation of their business — no statutory right of withdrawal under the FAGG applies. In such B2B cases the contractual provisions and our General Terms and Conditions apply exclusively.

The following sections therefore apply solely to the extent that you conclude the contract as a consumer. If you act as an entrepreneur, you cannot invoke the withdrawal rights described below.

Right of Withdrawal

As a consumer you have the right to withdraw from this contract within 14 days without giving any reason. The withdrawal period is fourteen days from the day on which the contract was concluded (for service contracts, the day of conclusion of the contract).

The subject matter of the contract is the provision of access to and use of the "Arbeitskraftwerk" software as a service — a digital service that, depending on the agreed plan, is made available on an ongoing basis. The withdrawal period gives you the opportunity to examine your decision to conclude the contract and, where applicable, to withdraw from it within the statutory period.

Exercising the Right of Withdrawal

To exercise your right of withdrawal, you must inform us — Webagentur Hochmeir e.U. — by means of a clear and unambiguous statement (for example a letter sent by post or an e-mail) of your decision to withdraw from this contract. You may use the model withdrawal form set out at the end of this page, but you are not obliged to do so. Please direct your declaration of withdrawal to:

A telephone call alone is not sufficient to document the withdrawal; we therefore recommend that you declare your withdrawal in text form (by e-mail or letter) so that both you and we have proof of the timely declaration.

Observing the Withdrawal Deadline

To meet the withdrawal deadline, it is sufficient that you send your communication concerning the exercise of your right of withdrawal before the withdrawal period has expired. The dispatch of the declaration within the period is decisive, not its receipt by us. The burden of proving that the withdrawal was declared in good time lies, in case of doubt, with the consumer; for this reason we recommend a verifiable means of transmission (e.g. e-mail).

Consequences of Withdrawal

If you withdraw from this contract, we shall reimburse to you all payments that we have received from you without undue delay and at the latest within 14 days from the day on which we received notification of your withdrawal from this contract. For this reimbursement we will use the same means of payment that you used for the original transaction, unless something different has been expressly agreed with you; in no case will you be charged any fees as a result of this reimbursement.

Where the service has already been partially performed at your request before the end of the withdrawal period, the reimbursement may be reduced by the proportionate amount payable for the part already performed (see the section on compensation for value below).

Early Expiry of the Right of Withdrawal upon Full Performance

In the case of a contract for the provision of services, your right of withdrawal expires prematurely if we have fully performed the service and only began performance after you had expressly consented to performance commencing before the end of the withdrawal period and had at the same time acknowledged that you would lose your right of withdrawal upon complete performance of the contract.

This applies in particular where, at your request, you are granted immediate, full access to the "Arbeitskraftwerk" platform and the agreed scope of services is provided in full within the withdrawal period. Without your express consent and acknowledgement, performance will not begin before the withdrawal period has expired.

Compensation for Value upon Early Commencement of Performance

If you have requested that the provision of services begin during the withdrawal period and you subsequently exercise your right of withdrawal, you owe us reasonable compensation for value corresponding to the proportion of the services already provided up to the point in time at which you notified us of the exercise of the right of withdrawal, measured against the total scope of the services provided for in the contract.

The proportionate amount is calculated on the basis of the total price agreed in the contract. If the total price is excessive, the proportionate amount is determined on the basis of the market value of the service provided. You do not owe any compensation for value for services provided during the withdrawal period if we failed to inform you of the right of withdrawal and the consequences described above, or if you did not expressly request that performance begin during the withdrawal period.

Model Withdrawal Form

If you wish to withdraw from the contract, you may complete and return the following form. Its use is optional.

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