Terms and Conditions for Gutscheindirekt
Status, provider and product
Status: draft. Provider: Mauracher IT-Solutions GmbH, Arsenal 3/66, 1030 Vienna, Austria. Email: [email protected]. Product: Gutscheindirekt.
These English terms are a working translation and must be legally reviewed before publication. They are intended to describe the SaaS relationship between Mauracher IT-Solutions GmbH and businesses using Gutscheindirekt.
1. Scope
These terms apply to the use of Gutscheindirekt, a digital voucher shop system provided by Mauracher IT-Solutions GmbH. Gutscheindirekt is aimed at entrepreneurs, companies, organizations, associations and other professional users that want to create, offer and sell vouchers online.
Contracts with consumers as direct users of Gutscheindirekt are only concluded if this is expressly provided for. Terms and conditions of the customer only apply if Mauracher IT-Solutions GmbH has expressly accepted them in writing.
2. Definitions
Provider means Mauracher IT-Solutions GmbH. Customer means the business or organization using Gutscheindirekt to create, offer and sell vouchers. End customer means the person who purchases or receives a voucher through a customer’s voucher shop.
Voucher shop means the digital interface provided by Gutscheindirekt through which vouchers can be offered and sold. Voucher means a digital or printable value, service or other voucher issued by the customer to an end customer. Stripe means the payment service provider used for payment processing.
3. Service description
Gutscheindirekt provides a technical solution that allows customers to create, personalize and publish a voucher shop by link on their own website or through other channels. The service may include voucher creation, voucher management, design and text customization, Stripe payment, automatic email/PDF delivery and status handling.
Depending on the selected plan, agreement and technical availability, the service may also include retry logic, API handovers or POS-related workflows. The exact scope follows from the selected plan, the product description, the website, the order process or an individual agreement.
4. Role of Gutscheindirekt
Gutscheindirekt provides the technical platform. Unless expressly agreed otherwise, the customer remains the issuer and seller of the vouchers offered through the customer’s voucher shop.
The customer is responsible for the legal permissibility of vouchers, correct voucher texts, tax treatment, redemption, end customer information duties, consumer law duties, privacy duties, tax and trade law requirements, cancellations, complaints and communication with end customers.
5. Registration and account
Use of Gutscheindirekt requires an account. The customer must provide correct and complete information and keep login credentials confidential. The customer is responsible for all activity through the account if that activity is caused by the customer’s breach of duty.
The provider may temporarily suspend accounts if there is reasonable suspicion of misuse, security risks, illegal content, payment issues or material breach of contract.
6. Stripe and payment processing
Payments are processed through Stripe. Stripe terms, requirements and fees apply in addition to these terms. The customer is responsible for connecting a suitable Stripe account and providing the information required by Stripe.
Gutscheindirekt is not responsible for payment refusals by Stripe, Stripe checks, Stripe payouts, changes in Stripe fees, chargebacks, payment disputes or technical disruptions within Stripe’s area of responsibility. All Gutscheindirekt prices and commissions exclude Stripe fees.
7. Plans, prices and commissions
The plans shown in the order process or on the pricing page apply. The current plan structure includes Free, Plus and Pro. Free starts at 0 EUR per month and includes a Gutscheindirekt commission per successful voucher sale. Plus and Pro include a monthly price and lower commission rates.
Monthly prices may be subject to statutory VAT where applicable. Stripe fees are charged separately. The customer should always check the current pricing information before ordering or switching plans.
8. Billing and payment
Monthly fees may be billed in advance or in regular billing periods depending on the selected payment method and setup. Commissions may be collected during payment processing or billed afterwards depending on the technical and commercial setup.
The customer must pay due fees on time. In the event of late payment, the provider may restrict or suspend access after reminder where legally permissible. Fees and commissions already incurred remain payable.
9. Voucher sale and end customer relationship
The contract for the voucher is generally concluded between the customer and the end customer unless another contract structure is expressly provided. The customer is responsible for its own end customer terms, withdrawal or cancellation information, voucher terms, tax information, invoices, redemption and customer communication.
Gutscheindirekt may send technical emails, voucher PDFs or status messages in the name or on behalf of the customer where this is part of the selected setup.
10. Customer voucher terms
The customer must ensure that voucher terms are clear, lawful and complete. They should cover issuer, redeemability, value or service, validity, partial redemption, cash redemption, loss of code, withdrawal or cancellation rights, contact details and tax classification.
If the customer uses templates or samples provided by Gutscheindirekt, the customer remains responsible for adapting them to the actual business, jurisdiction, industry and voucher type.
11. Content and templates
The customer is responsible for all content entered into Gutscheindirekt, including texts, images, logos, voucher terms, email texts and legal notices. The customer warrants that it has all rights required for uploaded content and that third-party rights are not infringed.
The provider may remove or block content if there is reasonable suspicion that it is illegal, misleading, abusive or harmful to reputation.
12. Availability and maintenance
The provider aims to operate Gutscheindirekt reliably and securely. Uninterrupted availability cannot be guaranteed. Maintenance, updates, security measures and technical disruptions may lead to temporary restrictions.
The provider may develop Gutscheindirekt further, change functions, improve them or replace them, provided that the legitimate interests of the customer are reasonably considered.
13. API, POS and integrations
Where API, POS or third-party integrations are used, their function depends on technical interfaces, credentials, third-party systems and concrete agreements. The provider does not owe permanent availability or unchanged behavior of third-party interfaces if these are changed or discontinued by third parties.
The customer is responsible for correct setup, testing and ongoing use of connected systems unless this is expressly part of a separate service.
14. Privacy and processing on behalf of customers
Use of Gutscheindirekt may involve personal data, including customer data, end customer data, voucher recipient data, payment data and communication data. Where the provider processes personal data on behalf of the customer, the parties will conclude a data processing agreement if legally required.
The customer remains responsible for privacy information duties towards end customers where the customer acts as controller.
15. Security
The customer must protect login credentials, use appropriate passwords and report unauthorized access without undue delay. The provider may implement reasonable technical and organizational measures to protect the system.
16. Support
Support is provided through the stated contact channels or support features in the product. Specific response times only apply if an explicit service level agreement has been agreed.
17. Term and termination
Plans may run monthly or in other billing periods depending on agreement. The customer may terminate the plan according to the terms shown in the product or order process. Fees and commissions already incurred remain payable.
The provider may terminate for good cause, especially in cases of misuse, legal violations, late payment, security risks or material breach of contract.
18. Suspension and end of contract
After the end of the contract, access to voucher shop, account and functions may be restricted or terminated. The customer should export or secure required data before the end of the contract where export is provided or agreed.
Customer obligations towards end customers continue after the end of use where legally required.
19. Liability
The provider is liable according to statutory provisions for damages caused intentionally or by gross negligence. In cases of slight negligence, liability may be limited to breaches of essential contractual duties and foreseeable typical damage where legally permissible.
The provider is not liable for lost profits, indirect damage, data loss, third-party outages, Stripe issues, incorrect customer information, unlawful voucher terms or tax mistakes by the customer where legally permissible.
20. Warranty
Statutory warranty rules apply unless validly agreed otherwise. For digital services, the provider may remedy defects through updates, workarounds or technical adjustments.
21. Changes to these terms
The provider may amend these terms if objective reasons exist, especially legal changes, technical developments, new functions or business model adjustments. Customers will be informed about material changes in an appropriate way.
If the customer does not object within a reasonable period and continues using Gutscheindirekt, the changes may be deemed accepted where legally permissible.
22. Governing law and jurisdiction
Austrian law applies, excluding the United Nations Convention on Contracts for the International Sale of Goods, where legally permissible. Place of jurisdiction for disputes arising from or in connection with these terms is Vienna where legally permissible.
23. Final provisions
If a provision of these terms is invalid or becomes invalid, the remaining provisions remain effective. The invalid provision shall be replaced by a valid provision that comes as close as possible to the economic purpose where legally permissible.