PASit software GmbH, as of: 11/04/2024
These General Terms and Conditions (GTC) form the basis for all contracts between PASit Software GmbH (FN 461682w, Staudach 10, 4863 Seewalchen am Attersee, Austria) – hereinafter “PASit” – and its customers regarding the use of the “BauMaster” Software as a Service (SaaS) solution and other PASit products.
This is a browser-based software that runs on modern devices (computers, tablets, smartphones) with Android, iOS, or Windows operating systems. It works with Chrome, Safari, and Edge browsers. All operating systems and browsers must be updated to their latest versions.
The software requires a permanent Internet connection, which the customer must provide. Some limited offline functions are available.
1. Scope and Applicability
1.1 PASit provides all services related to its software exclusively according to these GTC and the relevant terms of use. The customer’s general terms and conditions that conflict with or deviate from these terms shall not apply. These GTC, submitted with each contract, apply to the product regardless of its version or any changes through updates or general developments.
2. Using BauMaster Software and Contract Termination
2.1 The software is operated by PASit according to the feature overview on the bau-master.com website. The respective service packages (e.g. full licence and free viewer licence) and the prices are shown and described on the website.
2.2 In order to use the BauMaster software, the customer must register at www.bau-master.com, select a licence package and a contract period, and accept the relevant terms of use. After successful registration, the customer receives a personal account on the PASit platform, which enables him to use the BauMaster software.
2.3 PASit works exclusively with so-called “named user” Each user needs their own licence and can use this licence simultaneously on a maximum of one mobile phone, one tablet and one web app, on a PC or laptop. Multiple use or multiple logins are not possible.
2.4 The contract on the granting of the right to use the BauMaster software is concluded with PASit by the Customer concluding a written contract with PASit (e.g. confirmation of the offer, order by e-mail or web order). The term of this contract begins on the day of the calendar month on which the customer places the order or the contract is concluded.
2.5 A free trial account can be created via the bau-master.com website for a period of 30 days. No costs arise from this test access.
2.6 The paid contractual relationship can be cancelled by either party at any time with a notice period of 30 days before the next billing due date. Cancellations must be made either by registered letter or by e-mail. The contract term is generally unlimited.
In the event of partial cancellation, the oldest licence in the subscription is always automatically deactivated**.**
2.7 The fee agreed with PASit depending on the selected service package is to be paid by the customer by SEPA direct debit or credit card. The fee is due immediately after ordering and must be paid in advance for the respective
If, in exceptional cases, “invoice” is agreed as the billing method, the customer must pay within 10 days of invoicing by PASit at the latest.
Invoicing shall be electronic in all cases; the customer waives the right to receive an invoice in paper form.
2.8 All prices quoted by PASit are net The statutory value added tax must be added. PASit reserves the right to make an annual index adjustment on the basis of the current consumer index (CPI 2020) or a subsequent index replacing it, or a price adjustment of the agreed prices based on other cost-relevant parameters. The index figures published by Statistics Austria for the month of August of each year serve as the reference value for an index adjustment. The non-exercise of the right to value adjustment does not constitute a waiver of future adjustments. Adjustments to the fees do not entitle the customer to extraordinary cancellation.
2.9 Only legally established or expressly recognised claims may be offset against claims of PASit.
2.10 PASit reserves the right to terminate the contract prematurely during the agreed contract term for good cause – without setting a grace period. In particular, default of payment, the opening of insolvency proceedings or the rejection of an application in this regard due to insufficient assets, the dissemination of content that is detrimental to PASit’s business, misuse of the service and the like, as well as the gross violation of contractual obligations or the disclosure of access data (including to affiliated companies) are considered good cause, unless PASit has given its prior written consent.
2.11 After termination of the contract, the customer retains access to the data stored in his account up to that point for a further two calendar months. For this purpose, PASit will downgrade the Customer to the free user with exclusive authorisation for viewing and backup. PASit is irrevocably granted the right to irretrievably delete all data stored up to this point in time, provided there are no statutory retention obligations.
3. Customer Obligations
3.1 The Customer confirms that all information provided about themselves and their company is true and accurate. The Customer must inform PASit immediately of any changes to their data, particularly payment information.
4. Late Payment and Payment Reminders
4.1 In the event of late payment, PASit shall charge a flat rate of € 40.00 plus VAT in accordance with the Austrian Late Payment Act (Zahlungsverzugsgesetz) and the Austrian Commercial Code (UGB) for issuing a reminder and any fees in the event of a chargeback of fees already credited to PASit’s business account.
4.2 In the event of default in payment, default interest of 10% per annum shall be deemed agreed.
4.3 If it is not possible for us to debit the agreed price from your account in the case of a direct debit order and if a return debit note is issued as a result, we will charge you the bank charges incurred as a result (usually €15). We also reserve the right to charge you for additional administrative expenses in the same amount.
4.4 In the event of non-payment, PASit may temporarily suspend the provision of services and access to the software. As soon as the arrears have been completely fulfilled by the Customer, PASit shall carry out the activation PASit’s right to terminate the contract in the event of late payment and PASit’s ongoing claim to remuneration remain unaffected. The suspension of the service due to late payment does not entitle the customer to premature cancellation of the contract.
5. Special provisions
5.1 For a separate fee, the Customer may request a backup of all of its data upon termination of the contract. The same applies in the event of PASit’s insolvency or a sale of the company, whereby both cases shall in principle allow the existing contractual relationship to continue.
5.2 PASit provides customers with unlimited storage space for the software. This includes project-related photos, documentation, contacts, and all other relevant storage media needed for using the software effectively.
However, PASit reserves the right to charge standard market rates for storage usage that exceeds PASit’s defined limits (for example, more than 10 BIM models or 500 plans). The customer gains no additional rights through storage capacity billing under the “fair-use principle.” Additionally, billing for storage capacity does not constitute grounds for contract termination.
6. Warranty, Liability, and Availability
6.1 PASit endeavours to keep the service and the software free from computer viruses, harmful computer codes or other damage. However, it is technically and organisationally not possible to fully secure the software or the data stored by the Customer. PASit therefore recommends that the Customer itself ensure adequate protection against such impairments. PASit is not liable for third parties abusively or illegally accessing customer data, preventing or disrupting the service.
6.2 Any warranty by PASit for the use of the BauMaster software by the Customer is excluded.
6.3 PASit assumes no liability for the suitability of the service for the purpose intended by the The same applies to merely optical deviations that impair the proper use of the BauMaster software.
6.4 PASit is not responsible for service disruptions due to force majeure, in particular the failure or overloading of global communication An event of force majeure is deemed to be, in particular, all effects whose prevention or avoidance is beyond the control of PASit.
6.5 PASit’s liability for damages due to slight negligence is excluded, unless personal injury is Furthermore, PASit and its vicarious agents are not liable for damages caused by gross negligence.
6.6 Liability for indirect damages, consequential damages, pure financial losses, lost profits, and third-party damages is excluded to the extent legally permissible. PASit’s liability is further limited to damages that typically arise from providing the service under normal circumstances.
6.7 Damage claims must be filed with the competent court within 6 months from the date the damaging service was used, or they will be forfeited.
6.8 The limitation or exclusion of liability also includes claims against employees, bodies, representatives and vicarious agents of PASit due to damage caused by them to the customer.
6.9 PASit assumes no liability and no guarantee for the awarding of contracts, conclusion of contracts, penalties, which are concluded or carried out via the BauMaster platform.
6.10 Our services include ready-made text templates that comply with ÖNORM, VOB, and other legal regulations. These templates serve as examples only. PASit does not guarantee their legal validity or current status. While we take great care in researching our content and maintain high quality standards, legal requirements may change before we can update our templates accordingly. Therefore, these text templates cannot substitute for professional legal advice.
7. Use of Education App
7.1 The BauMaster Education App can only be used for training purposes for the duration of the apprenticeship programme; the period of use is 36 months from initial installation. After this period, the access account is automatically deleted; all data must be saved by the user on their own data storage media beforehand. Only a right of use is granted; commercial use is not permitted. Any liability of the provider is excluded. All rights reserved.
7.2 PASit holds the exclusive copyright or, in some cases, the patent for the content of the software, its structural design and for all organisational, graphic or other components of the software. Any extraction of this content for the creation of learning content, learning materials or training components in general is expressly permitted only with the revocable authorisation of PASit.
7.3 PASit pursues the goal of creating an attractive product for future managers through educational access for apprentices in order to disseminate digital working methods and make BauMaster known. Any use or adaptation of training courses based on the PASit concept requires the express prior consent of PASit. PASit reserves the right to demand appropriate remuneration or public acknowledgement of sources, including brand names, at a later date.
7.4 If the aim is to offer training courses on, for example, construction project management or similar training courses that follow the concept of PASit, PASit is granted the right to submit an offer that is prioritised in compliance with the necessary criteria and competition regulations of the European Union, even in cases subject to tendering.
7.5 In the event of non-compliance with the preceding point (7.4.), PASit is granted the right to immediately terminate the present contract(s) for good cause and to deny further access.
7.6 The use of the Edu App is free of charge for apprentices, training participants and pupils (B. HTL). Free use can be cancelled at any time. Company accounts for the BauMaster Education App are subject to a charge for apprentice trainers and administrative users of a company.
8. Waiver of Contestation
8.1 Within the limits of mandatory law, the customer waives their right to challenge contracts with PASit, request modifications, or claim that such contracts are invalid or void.
9. Concluding Provisions
9.1 Austrian substantive law shall apply exclusively. The UN Convention on Contracts for the International Sale of Goods and international conflict of law rules shall not apply.
9.2 The place of performance and jurisdiction is PASit’s registered office.
9.3 If any provisions of these GTC become void, invalid, or contestable, the remaining provisions shall stay in effect. Such invalid provisions shall be replaced by valid and enforceable ones that best achieve the original economic purpose. This also applies to any gaps in the contract.
9.4 All disputes between the Customer and PASit shall be subject to the exclusive jurisdiction of the competent court in Linz.