SpeechLive Online shop

General terms and conditions of sale (US)

1. General

Welcome to the SpeechLive Online Shop located at www.speechlive.com (the “Online Shop” or “Website”). The Online Shop is a website operated by Speech Processing Solutions GmbH, Austria (hereinafter referred to as “SPS”, “we” or “us”). These general terms and conditions apply to customers wishing to order SPS products (“Products”) in the Online Shop. The terms and conditions under which the Products are offered for sale are set out below. To place an order you must accept the terms and conditions within the order process. By submitting your order, you accept and agree to be bound by these terms and conditions.

SPS reserves the right to change these terms and conditions at any time without prior notice. Such changes however only apply to new orders and will have no effect on orders that were submitted before posting of such revised terms and conditions on this Website.

2. Placing your order

To place an order you must be 18 years of age or over and have a valid email address. You have to fill in the order form and provide all information required.

The Products presented on the Website represent a non-binding invitation to the customer to order the presented Products. By placing an order, you make an offer to us to purchase the Products. SPS may or may not accept your offer at our discretion. If SPS does not accept your order or if the Product ordered is not available, SPS will inform you immediately.

When SPS sends you an e-mail confirming receipt of your order, this does not constitute our acceptance of your order. We only accept your offer and conclude the contract of sale for a Product ordered by you, when we explicitly confirm acceptance of your offer via email and/or dispatch the Product to you and/or make available the Product for download.

3. Prices

Prices shall be those prices published on this Website. All prices are in EUR and are inclusive of legally applicable VAT.

License fees are billed once or on an ongoing basis as indicated by the website. Ongoing license fees are generally billed quarterly in advance unless otherwise stated on the website.

Value indexing: The parties agree to retaining the value of the ongoing fees. The Consumer Price Index 2010 (with 2010 as the base year) released monthly by Statistik Austria or an index that replaces it is agreed as the measure of stable value. SPS reserves the right to subject the ongoing license fees to an annual review and to adjust them in accordance with the change that occurred in the published index figure over the previous calendar year, at the earliest however after the passage of three months from entry into the contract. SPS will announce any increases in a timely fashion in advance. Not exercising this right to adjust the value does not constitute a waiving of later value adjustments. If the Consumer Price Index falls, SPS agrees to lower the ongoing fees accordingly.

4. Paying for your products

The methods of payment are explained on the Website.

If you are paying by credit card, then you must supply your credit card details when you place your Order. Your credit card will be charged when we issue your invoice or at the time of shipment of your Products and making available the Product for download respectively. SPS will not process your order until your credit card issuer has authorized the use of your card for payment of the Products and/or services ordered. If SPS does not receive such authorization SPS shall inform you accordingly. SPS reserves the right to verify the identity of the credit card holder by requesting appropriate documentation.

If you are paying by online-payment procedure your account will be charged when we receive your order. If we cannot accept your order, we will refund the purchase price immediately.

5. Delivery of your Products

Software licenses purchased at the Online Shop will be delivered via email to the address indicated by you. The software will also be delivered to you by electronic means, i.e. by making a download link available to you. The software license and the download link will usually be sent immediately upon purchase, at the latest within 3 working days.

6. Statutory right of withdrawal, SPS return policy

If you are a consumer, you may be entitled to a statutory withdrawal right as follows. Consumers have the right to withdraw from a contract within 14 days without giving any reason. In the case of a service contract or a contract for the supply of digital content which is not supplied on a tangible medium, the withdrawal period will expire after 14 days from the day of the conclusion of the contract. Consumers do not have a right of withdrawal in case of the supply of digital content which is not supplied on a tangible medium if the performance has begun with the consumer’s prior express consent and his acknowledgment that he thereby loses his right of withdrawal. Furthermore, in case of a service contract consumers do not have a right of withdrawal in case the performance of the service has begun within 14 days upon conclusion of the contract with the consumer’s prior consent.

You explicitly agree that we may begin to provide the service or software Product immediately on purchase and you acknowledge that in such case you do not have a statutory right of withdrawal.

In addition to any statutory right of withdrawal that you may have under mandatory law, you may return software Products and software licenses within 30 days from the day of the conclusion of the contract, as long as the software has not been installed and activated within this 30 days period. Activation associates the use of the software with a specific workstation computer. After activation you do not have a right to return the software Product and software license respectively under the SPS return policy (this provision does not affect your statutory warranty claims).

To exercise the right of withdrawal, you must inform us of your decision to withdraw from this contract by an unequivocal statement (e.g. a letter sent by post, fax or e-mail) before the withdrawal period has expired. Please contact us at live.support(at)speech.com to notify us of your decision and to initiate the return process.

If you exercise your right of withdrawal, we will refund the amount you paid for the Products. The refund will be made using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise. You must return the related Products to us without undue delay and at your expense. For software Products that we delivered electronically, we may require you to sign an electronic letter of destruction as a condition of withdrawal from this contract.

7. Software License Agreement

Software licenses purchased at the Online Shop are subject to the license agreement that accompanies the software [include link]. You will be required to agree to the terms and conditions of the license agreement at the time you install the software. The terms of the respective license agreement apply in addition to these terms and conditions.

8. Liability

SPS excludes any and all liability for breaches of duty arising out of slight negligence unless they pertain to essential contractual duties, to losses arising from injury to life, body or health or to guarantees or if they affect claims under any Product Liability Act. These limitations to liability apply also to the legal representatives and other vicarious agents of SPS.

For software and services that we make available to you and/or may be downloaded from our website, the liability provisions in the license agreement apply.

9. Data Protection

Your personal data that you submit on the occasion of an order or your registration in the Online Shop will be electronically stored and processed for the purpose of order fulfilment. You agree that we may use such data (name, address, email, industries sector) also for our own marketing purposes and to regularly send you information on our products, special offers, news and other customer information via mail and email. You may revoke your consent at any time writing an email to live.support(at)speech.com or by written notification to us (see contact details below).

The data will be processed in conformance with the Austrian Data Protection Act 2000 and any other applicable laws and in conformance with the SPS Privacy Policy.

10. Miscellaneous

The invalidity or unenforceability of any provision of these terms and conditions shall not adversely affect the validity or enforceability of the remaining provisions.

The agreement shall be governed by and construed in accordance with the laws of Austria, without regard to its conflicts of law provisions and the United Nations Convention of Contracts for the International Sale of Goods. If you are a consumer having your place of residence within the European Union, the laws of the country, where you have your place of residence, might be applicable, as far as mandatory provisions on consumer protection rights are concerned.

All disputes arising from or in connection with this agreement shall be exclusively referred to the courts in Vienna. For consumers the statutory places of jurisdiction shall apply.

11. Contact

Speech Processing Solutions USA,

Inc Two Ravinia Drive, Suite 965

Atlanta, GA 30346

USA