agreed upon by
Windhager Zentralheizung GmbH
Anton-Windhager-Strasse 20
5201 Seekirchen am Wallersee
hereinafter referred to as the "Provider"
and
the "User" of remote maintenance for heating systems
The Provider provides the User with services in the form of remote access to and remote maintenance of heating systems and boilers. Remote maintenance and its control function by means of the User's internet connections to the Provider's various IT systems.
The requisite hardware and software must be purchased and properly installed in order for remote access to be possible. The User, however, must ensure the connection between the heating system's web server and the User's internet router by ensuring proper installation. As a matter of course, a Windhager technician will verify proper installation during commissioning.
After the interface has been properly established as described in Section 1 of this Agreement, namely between the heating system and the Provider's database, the boiler and control parameters (such as switching points/times, heating curves, room temperatures, etc.) can be monitored and modified if necessary. Messages are also forwarded automatically.
a) Remote maintenance functions, as mentioned above, by means of an internet connection. The Provider cannot guarantee that this internet connection will not be interrupted. The permanent, i.e. uninterrupted, provision of this internet connection is outside the purview of the Provider. The Provider therefore assumes no liability for any detriment arising from the interruption of this connection.
b) Furthermore, the Provider cannot and will not assume any liability for faulty link-up/connection to the internet router and interruptions of remote maintenance resulting therefrom, specifically because the Provider is unable to control this connection.
c) Regardless of the above, mechanical protection and security mechanisms remain in effect independent of the installation of remote maintenance. Thus, no additional security risk is created for the User by remote maintenance per se. All security criteria required by law when using a heating system without remote maintenance remain intact when remote maintenance is used. Only remote access can be temporarily switched off by such above-mentioned interruptions in internet service.
d) It is the sole responsibility of the owner of the system to ensure that, in the event of remote access to the system, the necessary safety clearance to all system components is maintained, so that, in the event of an actuator test, reset or similar measure, there is no danger to persons or equipment from moving parts and the like.
It is therefore imperative that the boiler be switched off at the On/Off switch on the boiler (InfoWin) and that you wait until the display has gone dark and the operation LED has switched off. This can take up to 20 minutes. Only then may on-site work be carried out on the boiler (cleaning, maintenance, troubleshooting, etc.). You must also follow the operating instructions for your boiler. This is a safety precaution so that a third party or Windhager cannot send commands to the heating system by remote access while the work is being carried out, which could result in danger to persons or property from moving parts or the like.
Consequently, it is also prohibited to remotely restart a boiler that has been switched off, so that a dangerous situation cannot arise when maintenance is currently being performed on site on the boiler.
a) After purchasing the web server, there are no additional costs to the User for taking advantage of the service in the form of remote access via app (myComfort), with the possible exception of having a Windhager technician commission the system. Nor is there any cost to the User for automated message forwarding via e-mail or push notification. This does not include the costs for data transfer charged by the User's telecommunications provider.
b) There is a cost for services triggered by the use of remote access via app (myComfort). Malfunctions that can be rectified by means of remote access are charged at the rate quoted in the currently valid agreement between the Provider and the User, as long as such an agreement has been concluded.
c) If malfunctions cannot be rectified via remote maintenance, the Provider will notify the User by another means, as long as an additional agreement to this effect has been concluded. A separate order must be issued to repair damage on site. Such on-site damage repair is subject to charge and must be agreed upon separately. The provisions of the Consumer Protection Act (KSchG) and the distance selling regulations according to the Distance Selling Act are to be applied, as long as the User is a consumer.
a) The internet connection is established in such a way that prior registration in the Provider's database (WindhagerConnect) is necessary. The User is hereby given notice that the registration information and the associated email address for performing remote maintenance are stored and processed by automated data processing. It is necessary to save the data because the access rights in the matrix consisting of users and systems to be managed by the Provider must be administered.
b) The User expressly agrees that user information (name, address, incl. email address) may be saved by the Provider in order to use this remote connection, as long as the service being used requires it.
c) In addition, the Provider saves operating information (temperatures, operating conditions, etc.) and system data (description of system components, heating system components, etc.) regarding the heating systems with remote access to implement and guarantee proper remote maintenance.
d) The User expressly agrees that the above-mentioned user, operating and system data necessary to use the remote connection may be saved by the Provider for the duration of use of remote maintenance, as long as the service being used requires it.
e) The User expressly authorises the Provider and the national representative to remotely access the User's system(s) via WindhagerConnect professional or a similar system for the purpose of rectifying malfunctions and/or system monitoring.
f) All saved information and data will be treated as confidential in the sense of the Data Protection Act and will not be transmitted to third parties unless the User desires it. Moreover, the information will be used only to the extent that it is necessary for remote maintenance. The User is free to request that the data be entirely deleted after the User ceases to take advantage of the service.
g) The consumer may revoke his agreement with this guideline at any time simply by sending an informal email to the following address: kundendienst@at.windhager.com.
All content in our database, the associated webpage and various applications is protected by copyright. The Provider expressly permits the use of all data for private, non-commercial purposes. Should any content be reproduced, please indicate the copyright and ownership rights of Windhager Zentralheizung GmbH. Content must not be modified in any way or used on other websites or networked PCs without our written consent. Any use for public or commercial purposes requires the consent of the Provider. If these conditions are found to have been infringed, all content must be destroyed immediately. We reserve the right to assert other claims for damages.
All rights reserved. Text, images, graphics, sound, animations and videos and their arrangement are subject to copyright protection and other protective laws. These objects must not be copied, disseminated, modified or made accessible to third parties for commercial purposes. Images used may be subject to the copyright of third parties.
a) Austrian substantive law applies without exception under the express exclusion of the principles of private international law and the United Nations Convention on Contracts for the International Sale of Goods.
b) It is agreed that the legal venue for all disputes arising from or related to this contractual relationship shall be the respective, competent court in the city of Salzburg.