(VERSION 10/2023)
The following version of the #onlineDJ General Terms and Conditions was updated in October 2023 and is valid until a
new, updated version is published:
General Terms and Conditions for the commercial use of all
offers provided by #onlineDJ with the following company address:
DJ Sound Austria #onlineDJ
CEO: Felix Teichmann, Unterhauning 70, 6306 Söll.
§1. DEFINITIONS
Client: Contractual partner of #onlineDJ – hereinafter referred to as “Customer” Contractor: DJ Sound Austria, #onlineDJ,
Felix Teichmann, Unterhauning 70, 6306 Söll
§2. GENERAL
The services and online content provided by #onlineDJ are
tied to the respective package booked by the customer. The detailed scope of services of all our offers is available to the customer at any time on
our website (http://onlinedj.djsoundaustria.com) including all subsequent pages of this website which are further linked
. It is the customer’s responsibility to ensure
that their own devices, which
are used to access the various #onlineDJ offers, meet all system requirements if they use various #onlineDJ offers without a #onlineDJ certified computer. The customer can
find out about the current system requirements and registration using their own hardware at any time in the FAQ section of our website or
use our telephone support, which is available at (+43) 0533326126 from Monday to Sunday between 12 p.m. and 8 p.m.
§ 3. PRODUCT OVERVIEW
The #onlineDJ offers explained below are intended exclusively for commercial use and
are subject to a fee. Private use of our services is expressly prohibited.
Our PUBLIC LIVE STREAM is the only one available for private use. You can access this at:
http://public.onlinedj.djsoundaustria.com
– LIVESTREAM PACKAGES
#onlineDJ broadcasts its DJs’ performances in picture and sound via the Internet using live streaming. The maximum streaming time
per day (Mon-Sun) is 14 hours and falls within the time window from 12:00 p.m. to 2:00 a.m. Depending on the
package booked, the customer is free to choose which days they receive the live stream. Depending on the package booked, the customer has a monthly
and daily reception quota for the live stream available. Any daily reception quota not used by the customer
expires and cannot be used on other days as an unused additional quota.
The live stream packages contain various inclusive services. The scope of these inclusive services depends
on the package and can be viewed on our website at http://www.onlinedj.at/subscribe.
The following live stream packages are currently available: START UP DJ, Weekend DJ, PRIME TIME DJ and RESIDENT DJ.
Start Up Subscriptions are also available. These include the PLAYLIST DJ offer and the
1 Day DJ Live Stream offer.
– ADDITIONAL BOOKINGS The additional booking offer can only be used
by the customer in conjunction with an already booked live stream package or in conjunction with the Start Up Subscription Playlist DJ. The current range of additional bookings includes the following products: JINGLE, GRAPHICS, DJ MIXTAPE and PLACE TO BE DJ. Depending on the booked and active subscription, some of the aforementioned additional bookings are already included in certain live stream / Start Up Subscriptions/packages for a certain quota. Additional bookings will only be processed if they exceed the quota of the booked subscription. All prices and the validity period of the additional bookings are listed for review on our website at http://onlinedj.djsoundaustria.com/subscribe. Scope of services for additional bookings: Advertising jingle Based on the individual customer request, i.e. according to the customer’s specifications and idea, a #onlineDJ speaker will record the so-called advertising jingle using a studio-quality voice recording. The maximum recording time per jingle is 60 seconds. Jingles are delivered exclusively via the internet. The #onlineDJ software is required to receive the jingles. Advertising graphics Based on the individual customer request, i.e. according to the customer’s specifications and idea, a #onlineDJ graphic designer will produce so-called advertising graphics and integrate them into a short video for presentation purposes. Advertising graphics are delivered via short videos and exclusively via the internet. The #onlineDJ software is required to receive the advertising graphics. As long as you have an active subscription, you can use the advertising graphics without restrictions. CURATED PLAYLISTS/MUSIC PLAYLISTS With the customer’s input and input, #onlineDJ compiles individual music playlists. OnlineDJ is in partnership with SOUNDTRACKYOURBRAND and delivers all musical content in the form of
Playlists and also the 24/7 web radio offer for hotels and restaurants are available through this partner. Through this
partnership, you are authorized to legally use all musical works offered via the SoundTrackYourBrand platform in
your company for unrestricted and public playback. Please note that notification
to the responsible collecting society (AKM, GEMA, etc.) is required in each country. If you have any questions,
we will support you so that you comply with the legal framework with your company. If you click
on “MY MUSIC” in the #onlineDJ software, the SOUNDTRACKYOURBRAND APP/application opens. On this platform, we put
together all of your tailor-made content. Playback is also via SOUNDTRACKYOURBRAND. The
license fee for our partner SoundTrackYourBrand is already included in your active subscription and is
paid by #onlineDJ to our partner.
We would like to point out that the SoundTrackYourBrand terms of use
are relevant to you when using their portal/app and must therefore be adhered to. All legal terms of use can be found under the following link:
https://www.soundtrackyourbrand.com/legal/
DJ MIXTAPES
The DJ mixtapes we supply will be played back in the #onlineDJ software using a video player.
The file formats for the individual DJ mixes include the following: mp4, mov. All content of the DJ mixtapes in the previously specified formats can be used within the #onlineDJ software
through an active license you have claimed with a collecting society (AKM, GEMA). Since the video files also contain music tracks , copyright applies, which is protected by the collecting societies. The customer is therefore expressly prohibited from passing on these DJ mixtapes (videos) containing music files, individually, in whole, in part, or in their entirety to third parties, for any other use or use outside of the software, copying them, etc. In the event of a violation, Austrian law will apply. The customer can be prosecuted in the event of a violation (UrhG). These videos, as part of our DJ mixtapes, are delivered via the internet and encrypted. 24/7 Support and Telephone Support #onlineDJ offers 24/7 telephone support from Monday to Sunday, from 12 p.m. to 8 p.m. This can be reached at (+43) 533326126. You can also use our other versatile services.
Contact options on our website that are available to you 24/7. These contact options are: LIVE CHAT,
E-MAIL, WhatsApp. You can find all contact options on our website at:
http://onlinedj.djsoundaustria.com/kontakt
Installation
#onlineDJ sends specially trained technicians who
carry out the professional installation and commissioning of all #onlineDJ certified hardware to the best of their ability. The installation service also includes all
work on devices related to the certified #onlineDJ hardware according to individual customer requirements.
For devices that are not certified by #onlineDJ, #onlineDJ cannot, for legal reasons,
accept liability for subsequent damage, non-functioning, or damage caused by force majeure. Any damage
and/or non-functioning caused by force majeure to devices certified by #onlineDJ
also falls outside the scope of #onlineDJ’s liability and warranty. Our installation service
is billed according to the actual time and effort spent by the dispatched technician. The effort is billed by the hour. The cost of
reaching the installation site is charged based on the kilometers driven. In the event of extraordinary circumstances requiring
the technician to be dispatched by #onlineDJ at the customer’s request, this primarily applies to assignments
between 6 p.m. and 7 a.m. and on weekends and public holidays (weekends = Saturday and Sunday), #onlineDJ will charge
double the prices listed in the rate overview (http://www.info.onlinedj.at/subscribe). SPECIAL BOOKINGS The
special booking offer can only be used by the customer without an existing live stream package
. The current range of special bookings includes the following products: Software, Touch PC including software, Playlist Only. All prices and the validity periods of the special bookings are listed
on our website at http://www.info.onlinedj.at/infofolder. -Scope of services for special bookings: Software. Use of the software is subject to the EULA terms, which the customer expressly agrees to upon installation by checking the “I accept the license agreement” checkbox. Installation of the software is not possible without the customer’s consent. The EULA terms can be read before purchasing the software . http://onlinedj.djsoundaustria.com/eula Windows/Apple/Android – Hardware
#onlineDJ offers its customers special computer hardware
for purchase, which is certified by #onlineDJ and thus meets all system requirements for the flawless operation of the #onlineDJ software. All
hardware details are available for review on our website at http://onlinedj.djsoudaustria.com/software. By
purchasing the computer hardware, the customer simultaneously acquires a license for the onlineDJ software. #onlineDJ is not liable
for incorrect operation of the hardware or software. The hardware is subject to the statutory warranty.
Playlist DJ
The Playlist DJ Start-Up Subscription includes the monthly/annual rental fee for the use of the #onlineDJ software
as well as music playlists compiled by #onlineDJ on the portal of our partner SoundtrackyourBrand. The
music playlists are created according to individual customer requirements and updated regularly by #onlineDJ
. Playlist DJ can only be booked without the live stream package. The use of the software’s live stream function
is therefore not possible unless you book the 1 Day Live Stream product as a single booking. A subsequent
package change is possible. All other software functions can be used without restrictions. Additional bookings are
possible.
§4. LICENSE FEE
According to Austrian law, the copying and saving of music tracks on music systems
uses the rights of performers and music producers represented by the LSG. For this, license agreements must be concluded and
license fees must be paid. The music starter packages are compensated for with flat rates, while updates with current
music tracks are subject to a surcharge (LSG copying fee) on top of the AKM fee. #onlineDJ invoices
commercial customers for these applicable license fees of €250.00 net at no extra charge.
§5. AKM REPORTING
#onlineDJ points out that for the commercial use of our products, appropriate AKM/GEMA licenses must be
acquired (if not already available). #onlineDJ is legally obliged
to report to the AKM about the locations where our system is used. The mandatory notification to the AKM is based on the information provided by the customer
upon conclusion of the contract.
§6. CUSTOMER OBLIGATIONS
– The customer undertakes to provide a sufficient bandwidth of the internet connection to use the live stream and all other services provided and delivered by #onlineDJ via the internet
. All costs incurred for all internet connections are borne solely by the customer. Customers are responsible for their own
Use of computer hardware, i.e. any computer hardware that is not certified by #onlineDJ, must ensure
that all of these devices meet all system requirements.
-All changes, in particular those
affecting the business address, the business form/company type, or the location of use, must be notified to #onlineDJ immediately or updated immediately in your web-accessible customer portal
. You can access the customer portal at https://billing.stripe.com/p/login/8wM2aw6vRfvk7GoaEE .
In addition, all circumstances that affect the contractual relationship must be reported to #onlineDJ immediately after they occur.
(Inability to pay, sale of the company, change of operator, etc.) If no notification has been given of the change
to the last known contract address #onlineDJ, all shipments such as letters,
emails, etc. that were not actually received by the customer will still be deemed received. -It is expressly forbidden to modify, copy, reproduce, or play
any content provided by #onlineDJ (in particular live stream content or music from DJ mixtapes) at locations other than those specified in the contract. In the event of a violation, all content provided by #onlineDJ that is protected by copyright and performance rights will be immediately withdrawn from the customer’s possession, and all other services will be discontinued immediately. In such cases, #onlineDJ is entitled to impose a contractual penalty of €10,000 net. #onlineDJ will also exercise its right to impose a contractual penalty if access data for using our services is passed on to third parties, in particular to other venue operators with different venues or private individuals. -The terms of use published by #onlineDJ, available for review at http://onlinedj.djsoundaustria.com/nutzungsbestimmungen, also apply to the #onlineDJ software used by the customer and must be adhered to in all cases. Especially when using the self-text function, attention must be paid to polite and serious communication. Any obscene language or communication using strong language and insults will not be accepted by #onineDJ and will result in a ban after a single warning. We refer to the contents of §10. §7. CONTRACT TERM AND TERMINATION The contract term begins on the date the customer books the subscription and refers to the specified subscription period.
Term of this. The booked services can be canceled at any time, subject to compliance with the notice period. You
can manage your active subscription in your customer portal. You can access this via the following link:
https://billing.stripe.com/p/login/8wM2aw6vRfvk7GoaEE
#onlineDJ’s right to terminate the contract without notice for good cause remains unaffected.
§8. DATA PROTECTION
The personal and company-related data provided by the customer as well as data on the type and frequency of
use of our service by the customer will be
collected, stored and used by #onlineDJ and, if applicable, third parties who have a contractual relationship with the customer, insofar as this is necessary for the further processing of the contracts and for support via
telephone support, live chat, etc. For the further collection of outstanding claims, #onlineDJ will transmit the
relevant customer data to its legal counsel.
By concluding the contract, the customer agrees that when third parties use the selfie service, photos
may be taken at the location and transmitted to #onlineDJ. Furthermore, the customer agrees
that these photos may be published for further use by #onlineDJ as part of the live stream programming and that they may be stored on the #onlineDJ servers indefinitely.
§9. LIABILITY
#onlineDJ assumes no liability for outages provided they are minor in relation to the overall performance;
#onlineDJ is neither liable for impairments or errors that are not within the area of responsibility of #onlineDJ, nor for
damages resulting from a breach of duty attributable to the customer. #onlineDJ is liable for damages resulting from
breaches of contract in accordance with statutory provisions.
§10. PAYMENT TERMS
#onlineDJ refers to its rate overview for payment terms. The always up-to-date rate overview for the offer
is available for review at http:/onlinedj.djsoundaustria.com/subscribe. #onlineDJ reserves the right to make short-term
rate changes. The actually agreed rate is
valid, subject to possible printing errors on offers, invoices, or in the rate overview. The agreed tariff is valid from the start date of your booked subscription
for the duration of the contract term and remains unaffected by any tariff changes (offers,
tariff reductions/increases). #onlineDJ reserves the right to terminate all services in the event of default by the customer.
and services for a fee. Potential default occurs if the customer
does not pay #onlineDJ within 7 days of invoicing. #onlineDJ will send the customer a
payment request after these 7 days without additional fees. If no payment
has been received in favor of #onlineDJ after a further 10 days, #onlineDJ will send a final payment request free of charge. If
the customer does not comply with this payment request within a further 10 days, #onlineDJ will
suspend all services and services for a fee. All services and services can no longer be used by the customer until full payment is received. #onlineDJ will charge a fee of €40.00 net plus 20% statutory VAT for
each effective block . After full payment of the outstanding invoices by the customer, #onlineDJ will make its services available again by unblocking the account for a fee with immediate effect, i.e. from the date of full payment . The cost for unlocking is €9.00 net plus 20% VAT. #onlineDJ will send a corresponding invoice. In the event of non-payment of invoices for hardware ordered from #onlineDJ, #onlineDJ reserves the right to confiscate all delivered hardware components such as computers, displays, etc. Hardware confiscation will be carried out by a #onlineDJ employee, who may not be denied access to and accessibility of the hardware under any circumstances. This confiscation is subject to a fee and is billed according to the employee’s time and effort (€65.00 net/hour, €0.47/km). If the employee is nevertheless denied access in the event of confiscation, #onlineDJ will apply Austrian law, property law, and, as a last resort, will file a fraud complaint and instruct its legal counsel to file a lawsuit against the customer. §11. SEVERABILITY CLAUSE Should individual provisions of these Terms and Conditions be or become invalid, the validity of the remaining provisions shall remain unaffected. §12. JURISDICTION The place of jurisdiction is the District Court in Kufstein.