General Terms and Conditions for Philips Prosumer Services

These General Terms and Conditions apply to:

• Licensing of the software required to the Prosumer Services to use the BlackBerry as dictation machine and
• electronic services to transmit the dictation files to the defined workstation

1.1.Right to use the software and Philips Prosumer Service
User shall have the non-transferable and non-exclusive right to use the software solely on the agreed device in compliance with the contracted specifications for the agreed license period. All other rights in respect to the software shall be reserved to Licensor. User shall in particular not be entitled to copy or modify the software or make it available to third parties or to use it on other hardware than the hardware contractually specified. The right of the User to use the software and the Philips Prosumer Service is conditional upon that the User is owner of a valid license of a Philips SpeechExec Transcription software (either SpeechExec Transcribe or SpeechExec Pro Transcribe) during the entire term of the Agreement.

2.Warranty
Licensor warrants that the provided software does not deviate in material aspects from the specifications as published by licensor on the internet from time to time. Licensor does however not warrant that the licensed software operates under all conditions or is error-free or that it does meet the User requirements. Licensor warrants a system availability for the Prosumer services of max 97 %. If the system availability falls below the warranted percentage customer is entitled to prematurely terminate the agreement by giving the licensor a 14 day written notice by registered mail. In such case licensor is obliged in lieu of any other claims by the User to refund pro rata the license fee paid by the User in advance for the current contract period.

3.Software Updates
Licensor may from time to time decide to issue updates to the client software installed on the registered device of the User. In order to enjoy the continued use of the Prosumer service, User agrees to install such updates if so requested by Licensor.

4.Liability
Licensor shall within the limits of statutory provisions be liable only for damages proved to be due to intentional acts or gross negligence but not for ordinary negligence. Compensation for consequential damages or damages for economic losses, loss of savings, loss of interest as well as damage resulting from third-party claims against User shall be absolutely excluded. Licensor shall not be held liable in respect to any services that he is unable to render due to circumstances for which he is not responsible or which is beyond his span of control.

5.1.Taxes, fees and charges
All prices and fees shall be excluding, turnover or other applicable local tax, charged separately. User shall pay any fees, taxes or other imposts levied in connection with the transfer subject matter of the agreement as well as any fees payable to the telecom provider of User.

6.Termination of the Agreement
Each party may prematurely terminate the Agreement in case of an insolvency proceeding or liquidation proceeding being instituted against the other party or in an application for insolvency proceeding is not granted for insufficiency of assets.
Furthermore, each party may prematurely terminate the Agreement for gross breach of contract unless the conditions on which the contract is based are restored within a 30 day period after respective notice in writing.

7.Other provisions
If any of the provisions in these General Terms and Conditions or the Agreement are or become invalid, such invalidity shall not impair the validity of the remaining provision(s) but the invalid provision(s) should be replaced by (a) valid provision(s) reflecting the spirit and serving the economic purposes of these Conditions. Any ancillary agreements or modifications shall be in writing.

8.Jurisdiction
Any litigation arising under the contract including litigations over the existence or non-existence thereof shall fall within the exclusive jurisdiction of the courts in Vienna, Austria. The contract is governed by Austrian law.

9. Pricing information
Customer acknowledges and agrees that the pricing may be adjusted yearly by Philips according to the development of the average consumer price index of the country where the customer has its registered office.

By sending the order for the Prosumer service the customer consent to receive from time to time update information on the product, the service and related services of Philips. The customer acknowledges that he may withdraw this consent at any time by giving Philips a notice by mail to be sent info@ieco.de.

By sending the order for the Prosumer service the customer accepts and acknowledges that Philips may decide to use third party service providers for invoicing the Prosumer service and commits to pay the invoices to these third parties in accordance with the chosen payment condition.

By clicking the box below customer accepts that he has read and agreed to the general terms and conditions [popup link for customer to read]

Customer accepts and agrees that the availability of the Prosumer services may depend on the technical parameters used by the telecom provider of the Customer which cannot be influenced by Philips. If after installation of the application services it turns out that the Prosumer Services are not available with the Telco provider, Customer may either choose to switch to a different provider or to claim a full refund of the Price paid by him to Philips. Any further claim of the Customer is expressly excluded.

Upon pushing the “order” button customer accepts to issue a binding order; the contract becomes binding upon Philips only after Philips has return an order confirmation to the customer.