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Terms of Service

General Information

 

(1) The User enters into agreement with Kumul, under the legal entity Text United GmbH, hereafter referred to as “Text United”, Attemsgasse 7/D20,1220 Vienna, Austria. More details can be found under the Impressum / Imprint on the company website. 

 

(2) Text United provides services on the basis of the conditions stated in this document and these conditions are valid for all future business collaborations and dealings, even when not expressly agreed upon again.

Intention of this Agreement

 

(1) The agreement between Text United and the User arises in sending the Agreement Form. Alternatively, the agreement arises in the signing of a written contract or the sending of an order confirmation.

 

(2) The services of Text United are valid and open only to legal and commercial entities with unlimited capacity.

 

(3) The intention of the agreement is the use of Text United services. Text United and the aforementioned tool Kumul offers hotels, hostels, apartments, airports, stores, shops, retail spaces, customer service departments, marketing departments, restaurants, cafes, museums, attraction parks, theme parks, theatres and other similar business the possibility to enable guests to provide feedback, opinions and other similar data points on their business, product and services and to then show these data points on their websites. Data points collected must be approved by the customer for the business to use them in the public domain. 

 

(4) Text United can and may change or modify the appearance of its logo, name, website, graphics or message at any time and Text United may also undertake updates on software, hardware and related technology to improve, adapt and modify the existing service and product range. 

 

(5) The User recognizes that 100% functionality and availability of Text United and Kumul’s services is technically impossible to guarantee. Text United will always endeavour to offer the highest level of service both in terms of efficiency for the User and availability. Technical problems such as maintenance or server problems may sometimes result in short-term disturbances but will be fixed as fast as possible.

 

(6) The User may use Text United’s software and data to process, use and visualise data only insofar as the User has legal permission and right to do so.

 

Costs

 

(1) Information on pricing and packages can be found on the Kumul website and within the Agreement Form.

 

(2) Payment for the service packages is due upon invoicing and can be made according to the payment methods provided by Text United. Should payment, despite Text United’s performance of contractual services as per agreement, not be made, particularly in the case of a direct debit payment that cannot be covered, the User will be responsible for any and all additional costs that may result.

 

(3) Text United will make all invoices corresponding to Kumul available to the User from our website for a period of at least one year. 

 

(4) Text United may, in order to effect payment of services, use the services of reliable and trustworthy third parties:

1. Should a third party become involved, the payment to Text United will be made only when the amount stipulated by the third party is made available, so that the third party has unlimited disposal of it.

2. Upon default of payment, Text United may make a claim to a debt collection agency and may transmit to this third party the personal information required in order to carry out the claim.

Termination of Agreement

 

(1) Both the User and Text United have the right to terminate the agreement without cause by giving notice of termination at least ten business days before the end of the minimum term of service or before the end of the extended term of service. If no termination is effected, then the agreement will be automatically renewed for a term equal to the previous one. This provision does not affect the right of either party to terminate the agreement with due cause.

 

(2) The termination can be made at any time by post or email

 

Liability

(1) Text United is liable for claims based on gross negligence, malicious intent, or deceit on the part of Text United, its employees, or its agents.

 

(2) In the case of ordinary negligence, liability is limited to losses of a foreseeable, naturally arising nature.

 

(3) Text United cannot be held responsible for negative ratings, adverse reviews, non-satisfactory data points, for any breakdown in the reconciliation process, or for any stagnation or decline in sales. Problems resulting from installation, possible server failure, and events resulting from the same are excluded from liability.

 

Data Protection

 

(1) Text United heeds Austrian Data Protection Laws and European Data Protection Guidelines and, specifically, does not supply unauthorized data to third parties.

 

(2) Further information can be found in our Data Protection Clauses.

 

Final Provisions

 

(1) Text United may, without cause, alter these Terms and Conditions, unless doing so would be unreasonable for the User. Text United shall notify the User of changes to the Terms and Conditions in a timely fashion. Should the User not contest the validity of the new Terms and Conditions within two weeks of notification, this shall be considered to constitute User acceptance of the altered Terms and Conditions. Text United will notify the User of the User’s right to contest and of the time limit for contesting.

 

(2) The place of fulfillment is the legal domicile of Text United

 

(3) The place of jurisdiction is, as far as allowed by law, the legal domicile of Text United.

 

(4) Austrian law holds under exclusion of International Private Right and the UN Convention on Contracts for the International Sale of Goods, as acceded to in Austrian law.

 

(5) Should individual provisions of this agreement be invalid or contradict legal provisions, the agreement will in all other respects remain unaffected.