Terms & Conditions
General Terms and Conditions
(Status 10/2023)
1. Preamble
1.1 Crane Now GmbH, FN 606781a, 2351 Wiener Neudorf, Brauhausstraße 3/2/6, operates a brokerage platform for crane and work platforms as well as other equipment hire and equipment sales (hereinafter referred to as "advertisements") on the website www.cranenow.com, via which advertisements are displayed on the basis of specified data and criteria of the buyer and lessee (hereinafter referred to as "customer") and the seller and lessor (hereinafter referred to as "supplier").
1.2 The platform www.cranenow.com (hereinafter referred to as "Crane Now" or "Brokerage Platform") offers customers and suppliers (hereinafter referred to collectively as "Users") a brokerage platform for renting, leasing, buying or selling equipment (cranes, lifting platforms, forklifts, construction machinery, containers, personnel, construction machinery accessories, transport vehicles, construction site equipment, all types of construction site equipment; hereinafter referred to collectively as "Equipment").
2. General provisions
2.1 The GTC of Crane Now apply to the use of the brokerage platform www.cranenow.com (www.crane-now.at, www.crane-now.de, www.crane-now.eu) as well as to contracts, orders and legal transactions between Crane Now and the users (with regard to the devices listed under point 1.2).
2.2 Any use and utilisation of the services of the Crane Now brokerage platform by potential clients and suppliers shall be governed exclusively by the General Terms and Conditions of Crane Now set out below (hereinafter referred to as "GTC").
2.3 Any terms and conditions of users that deviate from/contradict/contradict the present GTC are not recognised by Crane Now and will not become part of the contract. An exception to this shall only apply if Crane Now expressly agrees to the deviating GTC by written confirmation.
2.4 The GTC also apply to future transactions between Crane Now and the users, even if they are not referred to again when a future contract is concluded.
2.5 If users do not agree to the GTC, the services offered by Crane Now cannot be used.
2.6 Users' adverts (see point 4.1) must comply with the statutory provisions, in particular those of the E-Commerce Act, the Unfair Competition Act and the Industrial Code.
2.7 Crane Now allows users to sort or limit the search results based on various criteria (e.g. product category, date, location, delivery, collection, viewing).
2.8 The adverts are automatically deactivated after the agreed term. If it has been agreed that the advertisement can be placed for an unlimited period of time, the advertisement will remain active until the user deactivates or deletes it - but only for a maximum of 12 months.
2.9 Crane Now is authorised, but not obliged, to check the advertisement placement for legal conformity and to suggest any changes that appear necessary. Crane Now may also make legally necessary changes without prior consultation with the user (e.g. deletion of links to competitors, labelling as "advertising", etc.).
2.10 Compliance with the agreed payment deadlines (see point 7) is an essential condition for the use of the brokerage platform. In the event of late payment, Crane Now is therefore entitled to interrupt the service (deactivation of the user profile) or to terminate the contract with immediate effect after setting a grace period of 14 days.
2.11 Planned maintenance work and upgrades will be carried out before 8 a.m. or after 8 p.m. and all day at weekends, depending on feasibility and possibility. Should the brokerage platform not be usable/available due to technical or other reasons beyond Crane Now's control or should it be too slow to be used, Crane Now shall be entitled to terminate the contract immediately.
3. Terms of use
3.1 Use of the Crane Now brokerage platform is only permitted to natural persons of legal capacity who are (without restriction) at least 18 years of age. Use by legal entities is governed by the law (with regard to the power of representation).
3.2 Crane Now has the right to exclude or restrict persons from using the brokerage platform without giving reasons.
3.3 Crane Now provides users with the right to use the brokerage platform for a fee (see point 7). The scope of the user account is determined individually according to the agreed scope of the contract. Access authorisation is granted via online registration with a user name and password. Crane Now has the right to impose certain requirements on the composition of the password.
3.4 Users are obliged to keep their access data (user name, password etc.) secret and to protect it from unauthorised access by third parties. Users must notify Crane Now immediately in writing of any misuse or unauthorised use. Until such written notification, the user shall be held responsible for any access and any action or use of services in connection with his/her user account.
3.5 Users enter their data in the mandatory fields on the brokerage platform. They confirm that they have read and accepted the GTC. After users have read and accepted the data protection information, they must send the data entered to the operator. To do this, click on the "I accept the terms and conditions" button. At this point, the (usage) contract is deemed to have been concluded and users will receive a confirmation email to the email address they have provided.
3.6 Users are responsible for checking and making any changes to the advert with regard to content, legal, temporal or other accuracy, up-to-dateness, etc., as well as deactivation and deletion, from activation of the advert until expiry of the agreed service period. By entering the advert, the user expressly confirms publication in this form; Crane Now accepts no liability whatsoever.
3.7 The user is therefore obliged to immediately deactivate or delete advertisements that are no longer current (e.g. sale of goods on offer).
3.8 The user is permitted to place multiple adverts. Advertisements must be placed in the correct category or in a specific region. Crane Now reserves the right to publish advertisements under the correct category without prior notification of the user, or to delete the advertisement in the wrong category without simultaneous correction by publication in the correct category.
(Status 10/2023)
1. Preamble
1.1 Crane Now GmbH, FN 606781a, 2351 Wiener Neudorf, Brauhausstraße 3/2/6, operates a brokerage platform for crane and work platforms as well as other equipment hire and equipment sales (hereinafter referred to as "advertisements") on the website www.cranenow.com, via which advertisements are displayed on the basis of specified data and criteria of the buyer and lessee (hereinafter referred to as "customer") and the seller and lessor (hereinafter referred to as "supplier").
1.2 The platform www.cranenow.com (hereinafter referred to as "Crane Now" or "Brokerage Platform") offers customers and suppliers (hereinafter referred to collectively as "Users") a brokerage platform for renting, leasing, buying or selling equipment (cranes, lifting platforms, forklifts, construction machinery, containers, personnel, construction machinery accessories, transport vehicles, construction site equipment, all types of construction site equipment; hereinafter referred to collectively as "Equipment").
1.3 Users of Crane Now can act both as customers and as suppliers.
2.1 The GTC of Crane Now apply to the use of the brokerage platform www.cranenow.com (www.crane-now.at, www.crane-now.de, www.crane-now.eu) as well as to contracts, orders and legal transactions between Crane Now and the users (with regard to the devices listed under point 1.2).
2.2 Any use and utilisation of the services of the Crane Now brokerage platform by potential clients and suppliers shall be governed exclusively by the General Terms and Conditions of Crane Now set out below (hereinafter referred to as "GTC").
2.3 Any terms and conditions of users that deviate from/contradict/contradict the present GTC are not recognised by Crane Now and will not become part of the contract. An exception to this shall only apply if Crane Now expressly agrees to the deviating GTC by written confirmation.
2.4 The GTC also apply to future transactions between Crane Now and the users, even if they are not referred to again when a future contract is concluded.
2.5 If users do not agree to the GTC, the services offered by Crane Now cannot be used.
2.6 Users' adverts (see point 4.1) must comply with the statutory provisions, in particular those of the E-Commerce Act, the Unfair Competition Act and the Industrial Code.
2.7 Crane Now allows users to sort or limit the search results based on various criteria (e.g. product category, date, location, delivery, collection, viewing).
2.8 The adverts are automatically deactivated after the agreed term. If it has been agreed that the advertisement can be placed for an unlimited period of time, the advertisement will remain active until the user deactivates or deletes it - but only for a maximum of 12 months.
2.9 Crane Now is authorised, but not obliged, to check the advertisement placement for legal conformity and to suggest any changes that appear necessary. Crane Now may also make legally necessary changes without prior consultation with the user (e.g. deletion of links to competitors, labelling as "advertising", etc.).
2.10 Compliance with the agreed payment deadlines (see point 7) is an essential condition for the use of the brokerage platform. In the event of late payment, Crane Now is therefore entitled to interrupt the service (deactivation of the user profile) or to terminate the contract with immediate effect after setting a grace period of 14 days.
2.11 Planned maintenance work and upgrades will be carried out before 8 a.m. or after 8 p.m. and all day at weekends, depending on feasibility and possibility. Should the brokerage platform not be usable/available due to technical or other reasons beyond Crane Now's control or should it be too slow to be used, Crane Now shall be entitled to terminate the contract immediately.
3. Terms of use
3.1 Use of the Crane Now brokerage platform is only permitted to natural persons of legal capacity who are (without restriction) at least 18 years of age. Use by legal entities is governed by the law (with regard to the power of representation).
3.2 Crane Now has the right to exclude or restrict persons from using the brokerage platform without giving reasons.
3.3 Crane Now provides users with the right to use the brokerage platform for a fee (see point 7). The scope of the user account is determined individually according to the agreed scope of the contract. Access authorisation is granted via online registration with a user name and password. Crane Now has the right to impose certain requirements on the composition of the password.
3.4 Users are obliged to keep their access data (user name, password etc.) secret and to protect it from unauthorised access by third parties. Users must notify Crane Now immediately in writing of any misuse or unauthorised use. Until such written notification, the user shall be held responsible for any access and any action or use of services in connection with his/her user account.
3.5 Users enter their data in the mandatory fields on the brokerage platform. They confirm that they have read and accepted the GTC. After users have read and accepted the data protection information, they must send the data entered to the operator. To do this, click on the "I accept the terms and conditions" button. At this point, the (usage) contract is deemed to have been concluded and users will receive a confirmation email to the email address they have provided.
3.6 Users are responsible for checking and making any changes to the advert with regard to content, legal, temporal or other accuracy, up-to-dateness, etc., as well as deactivation and deletion, from activation of the advert until expiry of the agreed service period. By entering the advert, the user expressly confirms publication in this form; Crane Now accepts no liability whatsoever.
3.7 The user is therefore obliged to immediately deactivate or delete advertisements that are no longer current (e.g. sale of goods on offer).
3.8 The user is permitted to place multiple adverts. Advertisements must be placed in the correct category or in a specific region. Crane Now reserves the right to publish advertisements under the correct category without prior notification of the user, or to delete the advertisement in the wrong category without simultaneous correction by publication in the correct category.
3.9 If the user account is not used, Crane Now reserves the right to deactivate the user account without any claims on the part of the user.
4. General advertising guidelines
4.1 The website provided by Crane Now is intended as a brokerage platform. Clients can place demand advertisements (so-called RFQs) on this mediation platform and/or contact suppliers directly and conclude contracts. Suppliers can also respond directly to the customer's quotation/offer (accept or submit a counter-offer). Advertisements do not constitute binding offers on the part of Crane Now under any circumstances. Contracts are therefore concluded exclusively between the users. Crane Now is therefore not liable for the conclusion or non-conclusion of a contract between users, nor for the success of an advert. Crane Now is not responsible for the accuracy of the identity details of users or the availability of a user via the contact details provided. The provisions for entrepreneurs (UGB or other relevant legal provisions) apply.
4.2 The information obligations according to § 6 para. 1 ECG or § 63 Gewerbeordnung are complied with. Changes to data (e.g. company name, address) must be reported to Crane Now in writing immediately, at the latest 2 weeks after the change. Crane Now is authorised to send legally effective declarations to the users at the last known address.
4.3 Crane Now is entitled at any time to request suitable evidence from users (trade licence, power of attorney, extract from the commercial register, etc.).
4.1 The website provided by Crane Now is intended as a brokerage platform. Clients can place demand advertisements (so-called RFQs) on this mediation platform and/or contact suppliers directly and conclude contracts. Suppliers can also respond directly to the customer's quotation/offer (accept or submit a counter-offer). Advertisements do not constitute binding offers on the part of Crane Now under any circumstances. Contracts are therefore concluded exclusively between the users. Crane Now is therefore not liable for the conclusion or non-conclusion of a contract between users, nor for the success of an advert. Crane Now is not responsible for the accuracy of the identity details of users or the availability of a user via the contact details provided. The provisions for entrepreneurs (UGB or other relevant legal provisions) apply.
4.2 The information obligations according to § 6 para. 1 ECG or § 63 Gewerbeordnung are complied with. Changes to data (e.g. company name, address) must be reported to Crane Now in writing immediately, at the latest 2 weeks after the change. Crane Now is authorised to send legally effective declarations to the users at the last known address.
4.3 Crane Now is entitled at any time to request suitable evidence from users (trade licence, power of attorney, extract from the commercial register, etc.).
4.4 Self-registration (at www.cranenow.com), which is free of charge until cancelled, creates a contractual relationship for an indefinite period between Crane Now and the user in accordance with the present GTC, which enables users to use additional functions (e.g. search agent, watch list) free of charge and is a prerequisite for the placement of advertisements or direct acceptance of services on the brokerage platform. There is no entitlement to registration.
4.5 If a transaction is successfully brokered (conclusion of a rental and/or purchase agreement between customers and suppliers), users undertake to pay an individually defined transaction fee. For a successful brokerage, a minimum brokerage fee of EUR 75.00 plus VAT is charged per transaction for brokered transactions with a gross order volume of up to EUR 2,000.00. Above a gross order value (see point 7.2) of EUR 2,000.00, a 3% fee of the gross order volume shall be charged.
4.6 Users undertake to notify Crane Now of the conclusion of a rental or purchase contract without delay, but at the latest within 14 days of the conclusion of the specific contract between customer and supplier. Failure to notify Crane Now will be treated as a successfully brokered contract and the transaction fee will be charged to both users unless users notify Crane Now in writing to the contrary.
4.5 If a transaction is successfully brokered (conclusion of a rental and/or purchase agreement between customers and suppliers), users undertake to pay an individually defined transaction fee. For a successful brokerage, a minimum brokerage fee of EUR 75.00 plus VAT is charged per transaction for brokered transactions with a gross order volume of up to EUR 2,000.00. Above a gross order value (see point 7.2) of EUR 2,000.00, a 3% fee of the gross order volume shall be charged.
4.6 Users undertake to notify Crane Now of the conclusion of a rental or purchase contract without delay, but at the latest within 14 days of the conclusion of the specific contract between customer and supplier. Failure to notify Crane Now will be treated as a successfully brokered contract and the transaction fee will be charged to both users unless users notify Crane Now in writing to the contrary.
5. Advertisement placement
5.1 RFQ advertisements and the bidding process:
5.1.1 Customers (potential buyers/sellers or lessees/lessors) have the right to advertise their requirements for equipment (cranes, lifting platforms, etc.) via Crane Now. Suppliers who are authorised to use this equipment have the right (by activating the user account) to submit an offer for these demand advertisements in a bidding process.
5.1.2 Subsequently, the customer shall have the right to select a contractual partner from among the offers submitted by the suppliers by accepting the corresponding offer or submitting a counter-offer.
5.1.3 Users are not authorised to submit several offers for their company in one and the same bidding process. This does not apply to subsidiaries with their own legal personality.
5.1.4 Subsidiaries of users are also authorised to submit offers and conclude legal transactions with customers in the same bidding process for the demand advertisements. If this provision is disregarded, the duplicate provider shall be liable to a breach of contract penalty of up to EUR 50,000.00.
5.2 Direct hire/direct purchase:
5.2.1 As an alternative to the bidding process, users of Crane Now have the right to use the direct brokerage advert function. Important contractual key points (e.g. price, consideration, etc.) are defined and advertised by users. Once these direct advertisements have been activated by Crane Now, other users have the right to conclude a binding legal transaction by clicking directly on the "SUBMIT" button. The contract (purchase and/or rental contract) is concluded directly between the users.
5.1 RFQ advertisements and the bidding process:
5.1.1 Customers (potential buyers/sellers or lessees/lessors) have the right to advertise their requirements for equipment (cranes, lifting platforms, etc.) via Crane Now. Suppliers who are authorised to use this equipment have the right (by activating the user account) to submit an offer for these demand advertisements in a bidding process.
5.1.2 Subsequently, the customer shall have the right to select a contractual partner from among the offers submitted by the suppliers by accepting the corresponding offer or submitting a counter-offer.
5.1.3 Users are not authorised to submit several offers for their company in one and the same bidding process. This does not apply to subsidiaries with their own legal personality.
5.1.4 Subsidiaries of users are also authorised to submit offers and conclude legal transactions with customers in the same bidding process for the demand advertisements. If this provision is disregarded, the duplicate provider shall be liable to a breach of contract penalty of up to EUR 50,000.00.
5.2 Direct hire/direct purchase:
5.2.1 As an alternative to the bidding process, users of Crane Now have the right to use the direct brokerage advert function. Important contractual key points (e.g. price, consideration, etc.) are defined and advertised by users. Once these direct advertisements have been activated by Crane Now, other users have the right to conclude a binding legal transaction by clicking directly on the "SUBMIT" button. The contract (purchase and/or rental contract) is concluded directly between the users.
6. Data and data protection
6.1 The provisions of data protection in the valid version of the Data Protection Act are complied with. Users agree that Crane Now may store, use and analyse the data provided and available as well as all data resulting from the business relationship for its services and related services (e.g. for market research, for advertising, administration, billing, support, for the needs-based design of offers, services or to improve the service in an automated process and to improve services in general), as well as use evaluations or statistics and exploit the results thereof (e.g. publish, make available to others).
6.2 Furthermore, the user agrees that Crane Now may use the same data to send information about adverts as well as special and advertising campaigns by post, e-mail, fax, telephone or SMS. The user has the right to object to this at any time in writing by e-mail to info@cranenow.com or by post to the Crane Now address given in the legal notice.6.1 The provisions of data protection in the valid version of the Data Protection Act are complied with. Users agree that Crane Now may store, use and analyse the data provided and available as well as all data resulting from the business relationship for its services and related services (e.g. for market research, for advertising, administration, billing, support, for the needs-based design of offers, services or to improve the service in an automated process and to improve services in general), as well as use evaluations or statistics and exploit the results thereof (e.g. publish, make available to others).
6.3 Crane Now is also authorised to store and use IP address logs within the framework of statutory provisions. Stored data will be adequately protected by Crane Now in accordance with the current state of the art. Crane Now is not liable for unlawful interventions by third parties (e.g. viruses, hacking). Crane Now may use third parties for its services and for the processing of data in compliance with the relevant data protection regulations. Users acknowledge that the data provided may be viewed by third parties for technical purposes.
6.4 Users expressly agree and waive the assertion of any claims, e.g. for breach of data protection, that the data provided by them will be stored and passed on to government bodies (police, courts, authorities, protection association against unfair competition or other bodies authorised to take legal action in accordance with § 14 UGB, as well as the Austrian Advertising Council) which carry out investigations into materials/content distributed by users via Crane Now or which relate to unlawful activities carried out by the user. This also includes activities in the area of private electronic communication. Furthermore, users agree to the forwarding of data to any other third party whose rights are infringed by the distribution of content or unlawful activities carried out by the client via Crane Now, or who verifiably claims an infringement. This applies in particular in the case of the disclosure of data to third parties by way of a request for information in accordance with e.g. § 18 (4) ECG. Users expressly agree that their (transmitted) data may be transmitted by Crane Now to officially authorised credit protection associations and credit institutions for the purpose of credit checks. This consent can be revoked at any time (see point 6.2).
6.5 Crane Now reserves the right to terminate the user account, block the user or delete the posted advertisement (RFQ) and terminate the contract immediately as soon as it becomes apparent that a user is in breach of legal requirements, the present General Terms and Conditions and Terms of Use or otherwise offends common decency, the reputation or interests of Crane Now or impairs the functionality of the website through his/her behaviour. The user has no right to compensation. Crane Now is entitled to the entire agreed fee. Any further claims by Crane Now remain unaffected. In the event of cancellation of the account, blocking of the user, deletion of an advertisement (RFQs) or other uploaded content as well as discontinuation of the service, Crane Now is entitled to delete all uploaded data (including photos) without any claim for compensation.
6.6 Cookies can generally be rejected or deleted using the appropriate browser settings. In this case, however, it is possible that not all functions of the Crane Now brokerage platform will be fully usable.
6.7 In all other respects, Crane Now's privacy policy at https://www.cranenow.com/privacy-policy applies.
6.6 Cookies can generally be rejected or deleted using the appropriate browser settings. In this case, however, it is possible that not all functions of the Crane Now brokerage platform will be fully usable.
6.7 In all other respects, Crane Now's privacy policy at https://www.cranenow.com/privacy-policy applies.
7. Fees and method of payment
7.1 By registering, users conclude a brokerage contract with Crane Now on the one hand and a contract of use via the brokerage platform on the other and undertake to pay a transaction fee (in accordance with point 4.5).
7.2 The calculation of the gross order value as the basis of assessment for the transaction fee is as follows:
Rent: The gross contract value (including ancillary costs) is the sum of all rents paid including ancillary costs for the entire term of the rental agreement
Example: Rent x number of billing periods for the entire term of the lease x (percentage in accordance with point 4.5) = fee
Sale: The gross contract value (including ancillary costs) corresponds to the sale value.
Example: Gross order value x percentage according to point 4.5 = fee
Ancillary costs are all costs that are incurred in addition to the rental or purchase of the equipment for economic and/or legal reasons: these include transport, insurance, cleaning and fuel costs, additional equipment, etc.
The actual fee is determined by uploading the original invoice between the supplier and the customer. If no invoice is uploaded to the platform within 14 days, the calculation will be based on the amounts stated in the RFQ.
7.1 By registering, users conclude a brokerage contract with Crane Now on the one hand and a contract of use via the brokerage platform on the other and undertake to pay a transaction fee (in accordance with point 4.5).
7.2 The calculation of the gross order value as the basis of assessment for the transaction fee is as follows:
Rent: The gross contract value (including ancillary costs) is the sum of all rents paid including ancillary costs for the entire term of the rental agreement
Example: Rent x number of billing periods for the entire term of the lease x (percentage in accordance with point 4.5) = fee
Sale: The gross contract value (including ancillary costs) corresponds to the sale value.
Example: Gross order value x percentage according to point 4.5 = fee
Ancillary costs are all costs that are incurred in addition to the rental or purchase of the equipment for economic and/or legal reasons: these include transport, insurance, cleaning and fuel costs, additional equipment, etc.
The actual fee is determined by uploading the original invoice between the supplier and the customer. If no invoice is uploaded to the platform within 14 days, the calculation will be based on the amounts stated in the RFQ.
7.3 The payment methods accepted by Crane Now are shown on the brokerage platform. The prices quoted are in EUR. In case of doubt, VAT is not included in the quoted price.
7.4 The method of payment between the users is the agreed payment method, which is agreed individually between the users.
7.5 Payment must be made within 14 days of acceptance of the rental or purchase offer and must be made using the means of payment indicated by Crane Now (credit card, online banking, etc.).
7.6 Crane Now is authorised to issue a total invoice for all services provided by Crane Now, irrespective of whether these services are owed under different contracts.
7.7 In the case of payment by payment slip, an invoice can be requested from the respective advert in the user account itself. This invoice will only be sent by e-mail.
7.8 Crane Now reserves the right to round amounts up or down to 1 full cent.
7.4 The method of payment between the users is the agreed payment method, which is agreed individually between the users.
7.5 Payment must be made within 14 days of acceptance of the rental or purchase offer and must be made using the means of payment indicated by Crane Now (credit card, online banking, etc.).
7.6 Crane Now is authorised to issue a total invoice for all services provided by Crane Now, irrespective of whether these services are owed under different contracts.
7.7 In the case of payment by payment slip, an invoice can be requested from the respective advert in the user account itself. This invoice will only be sent by e-mail.
7.8 Crane Now reserves the right to round amounts up or down to 1 full cent.
7.9 Invoices must be objected to within 14 days of receipt, otherwise they shall be deemed to have been recognised by the user.
7.10 The user must state his customer number on payment receipts. The user will be invoiced for any expenses otherwise incurred for a search. The payment shall only be deemed to have discharged the debt once it has been correctly allocated.
7.11 When paying by credit card or direct debit, the user must ensure that the credit card or account has not been blocked or expired, otherwise any resulting delays in payment shall be borne by the user. In this case, the user may be charged default interest of 7-11%.
7.10 The user must state his customer number on payment receipts. The user will be invoiced for any expenses otherwise incurred for a search. The payment shall only be deemed to have discharged the debt once it has been correctly allocated.
7.11 When paying by credit card or direct debit, the user must ensure that the credit card or account has not been blocked or expired, otherwise any resulting delays in payment shall be borne by the user. In this case, the user may be charged default interest of 7-11%.
8. Copyright
8.1 The user expressly recognises that Crane Now is the sole owner of the copyrights and ancillary copyrights to the entire image as well as to parts of the advertisements created by Crane Now as well as advertisements placed by users and the other content published on the placement platform (texts, brands, photos, databases, layout, etc.). Unless otherwise agreed in writing with the user, no rights are transferred to the user upon payment of the fee.
8.2 The user is therefore not authorised to use advertisements created by Crane Now outside Crane Now's websites, unless otherwise agreed in writing with Crane Now in advance. Crane Now has the right to charge a penalty of up to EUR 50,000.00 for violations of these provisions.
8.1 The user expressly recognises that Crane Now is the sole owner of the copyrights and ancillary copyrights to the entire image as well as to parts of the advertisements created by Crane Now as well as advertisements placed by users and the other content published on the placement platform (texts, brands, photos, databases, layout, etc.). Unless otherwise agreed in writing with the user, no rights are transferred to the user upon payment of the fee.
8.2 The user is therefore not authorised to use advertisements created by Crane Now outside Crane Now's websites, unless otherwise agreed in writing with Crane Now in advance. Crane Now has the right to charge a penalty of up to EUR 50,000.00 for violations of these provisions.
8.3 The user is not permitted to influence the design of the Crane Now website or an advertisement (e.g. visually, structurally).
8.4 By posting or feeding in (e.g. via self-entry, data interface) the advertisement, the user grants Crane Now, either himself or on behalf of the rights holder, the exclusive and transferable right of use to distribute, modify, edit, publish or make publicly available this content within the framework of Crane Now and its partner/group media for an unlimited period of time and space. The granting of rights also includes the right for Crane Now to use the adverts etc. for its own advertising purposes. Crane Now has the right, but not the obligation, to defend itself in its own name against unlawful interference with the rights of use transferred to Crane Now or to assert any resulting claims in court. In the event of a defence by Crane Now, the user shall provide Crane Now with the best possible support.
8.4 By posting or feeding in (e.g. via self-entry, data interface) the advertisement, the user grants Crane Now, either himself or on behalf of the rights holder, the exclusive and transferable right of use to distribute, modify, edit, publish or make publicly available this content within the framework of Crane Now and its partner/group media for an unlimited period of time and space. The granting of rights also includes the right for Crane Now to use the adverts etc. for its own advertising purposes. Crane Now has the right, but not the obligation, to defend itself in its own name against unlawful interference with the rights of use transferred to Crane Now or to assert any resulting claims in court. In the event of a defence by Crane Now, the user shall provide Crane Now with the best possible support.
9. Warranty and liability
9.1 All contracts or legal contacts between suppliers and customers that users conclude or establish via Crane Now are only between the users. Crane Now therefore accepts no liability for products, services, etc. or for damages arising from these contractual relationships or in connection with the conclusion or non-conclusion of a contract.
9.2 All claims of any kind whatsoever resulting from the conclusion or non-conclusion of a contract between the users of the brokerage platform must therefore not be brought by the users to Crane Now, but always directly to the contractual partner and legally enforced.
9.1 All contracts or legal contacts between suppliers and customers that users conclude or establish via Crane Now are only between the users. Crane Now therefore accepts no liability for products, services, etc. or for damages arising from these contractual relationships or in connection with the conclusion or non-conclusion of a contract.
9.2 All claims of any kind whatsoever resulting from the conclusion or non-conclusion of a contract between the users of the brokerage platform must therefore not be brought by the users to Crane Now, but always directly to the contractual partner and legally enforced.
9.3 Users themselves are responsible for which links they utilise. Crane Now expressly distances itself from the content of linked websites. All links on Crane Now to external websites and content are not checked. Crane Now accepts no liability whatsoever for damages arising from the use of linked content. Crane Now is not responsible for the privacy practices or the content of these websites. Liability for illegal, incorrect or incomplete content and in particular for damage resulting from the use of linked information lies solely with the provider of the linked site.
9.4 Crane Now is not responsible for advertisements being put online and/or deactivated/deleted at any given time.
9.4 Crane Now is not responsible for advertisements being put online and/or deactivated/deleted at any given time.
9.5 Crane Now is not liable for the equipment offered on the brokerage platform, neither under warranty or guarantee, nor for damages, product liability, etc. Devices offered do not constitute binding offers by Crane Now.
9.6 If retrievable content or advertisements are posted and made accessible by users or on their behalf, Crane Now assumes no liability whatsoever for content, accuracy, timeliness or reliability, misuse, typing and transmission errors, etc., or the accessibility of persons based on the information provided.
9.7 The user of the Internet service declares that he/she will only use the Internet service in accordance with the contractual or statutory provisions and without infringing the rights of third parties. In particular, the user declares not to use, edit, falsify, delete or make unrecognisable the rights of third parties under copyright law, competition law, trademark law and other rights to which they are entitled without their consent.
9.6 If retrievable content or advertisements are posted and made accessible by users or on their behalf, Crane Now assumes no liability whatsoever for content, accuracy, timeliness or reliability, misuse, typing and transmission errors, etc., or the accessibility of persons based on the information provided.
9.7 The user of the Internet service declares that he/she will only use the Internet service in accordance with the contractual or statutory provisions and without infringing the rights of third parties. In particular, the user declares not to use, edit, falsify, delete or make unrecognisable the rights of third parties under copyright law, competition law, trademark law and other rights to which they are entitled without their consent.
9.8 The user agrees to indemnify and hold Crane Now harmless from and against any and all third party claims for which the user is responsible. libel, defamation of character, damage to credit under the Criminal Code or by proceedings under the Media Act, the Copyright Act and other intellectual property rights, the Unfair Competition Act (UWG) or for defamation of character and/or damage to credit under civil law (§ 1330 ABGB).
9.9 Crane Now's warranty to users extends only to the reproduction of the paid advertisement in accordance with the current technical standard and to the corresponding availability of data. Unpaid advertisements or services (search agent, watch lists, delivery of enquiries) do not entitle the user to assert claims. No liability is accepted or compensation paid for errors that do not significantly impair the meaning of the advertisement.
10. Term and cancellation
10.1 The transmission of the cancellation of the contractual relationship by Crane Now via e-mail is sufficient and is deemed to have been received upon confirmation of delivery by the user's server or mail service.
10.2 Contracts based on these GTC can be terminated by the user at any time by deleting the account. After termination of the contract, the user has no access to the information provided or generated by him. Legal rights (in particular data protection rights) of the user remain unaffected.
10.3 Crane Now reserves the right, in particular for the following reasons - and without any claim for compensation on the part of the user - to terminate the contract, block the user or delete posted adverts without replacement.
10.1 The transmission of the cancellation of the contractual relationship by Crane Now via e-mail is sufficient and is deemed to have been received upon confirmation of delivery by the user's server or mail service.
10.2 Contracts based on these GTC can be terminated by the user at any time by deleting the account. After termination of the contract, the user has no access to the information provided or generated by him. Legal rights (in particular data protection rights) of the user remain unaffected.
10.3 Crane Now reserves the right, in particular for the following reasons - and without any claim for compensation on the part of the user - to terminate the contract, block the user or delete posted adverts without replacement.
In the event of contravention of these GTC including advertising guidelines and terms of use
in the event of third-party advertising or links to other websites
in the event of reasonable suspicion of misuse of the Internet service or the services of Crane Now
in the event of a breach of statutory provisions, material contractual provisions, common decency, the reputation or legitimate interests of Crane Now or a partner company
in the event of termination of the contractual relationship between the user and Crane Now or the customer and a partner company due to breach of material contractual provisions by the user
in the event of incomplete or incorrect information when ordering or failure to provide required evidence or documents
in the absence of official authorisations (e.g. trade licence), lack of legal capacity or legal capacity to contract
in the event of late payment to Crane Now or a partner company
in the event of third-party advertising or links to other websites
in the event of reasonable suspicion of misuse of the Internet service or the services of Crane Now
in the event of a breach of statutory provisions, material contractual provisions, common decency, the reputation or legitimate interests of Crane Now or a partner company
in the event of termination of the contractual relationship between the user and Crane Now or the customer and a partner company due to breach of material contractual provisions by the user
in the event of incomplete or incorrect information when ordering or failure to provide required evidence or documents
in the absence of official authorisations (e.g. trade licence), lack of legal capacity or legal capacity to contract
in the event of late payment to Crane Now or a partner company
11. Amendment of the GTC
11.1 Crane Now has the right to amend the GTC at any time and without giving reasons. The customer will be notified of the changes and the effective date of the changes by e-mail.
11.2 Consent to the changes is deemed to have been given if the customer does not object in writing (including by e-mail) within a four-week period from receipt of the information. This circumstance shall be pointed out separately in the notification. If the customer objects in good time, the amended GTC shall not apply to the contractual relationship. In this case, the "unamended" GTC shall continue to apply to the contractual relationship.
11.1 Crane Now has the right to amend the GTC at any time and without giving reasons. The customer will be notified of the changes and the effective date of the changes by e-mail.
11.2 Consent to the changes is deemed to have been given if the customer does not object in writing (including by e-mail) within a four-week period from receipt of the information. This circumstance shall be pointed out separately in the notification. If the customer objects in good time, the amended GTC shall not apply to the contractual relationship. In this case, the "unamended" GTC shall continue to apply to the contractual relationship.
12. Final provisions
12.1 Subsidiary agreements, amendments or additions to this contract must be made in writing to be effective. The cancellation of the written form requirement must also be in writing to be effective.
12.2 Information, data, documents, business and trade secrets, ideas, know-how, codes, etc. (in short "Information") which become known to the customer in the course of the business relationship with Crane Now are subject to strict confidentiality, irrespective of the means by which they are received (electronic, print, etc.). This does not apply to information that is already in the public domain or otherwise publicly available or expressly designated by Crane Now as non-confidential. The user is therefore prohibited from using confidential information outside the purpose of the contract or making it available to third parties without authorisation.
12.3 All rights and obligations are to be transferred to legal successors (individual or universal succession). The user is not permitted to transfer rights and obligations to third parties without the express prior written consent of Crane Now.
12.1 Subsidiary agreements, amendments or additions to this contract must be made in writing to be effective. The cancellation of the written form requirement must also be in writing to be effective.
12.2 Information, data, documents, business and trade secrets, ideas, know-how, codes, etc. (in short "Information") which become known to the customer in the course of the business relationship with Crane Now are subject to strict confidentiality, irrespective of the means by which they are received (electronic, print, etc.). This does not apply to information that is already in the public domain or otherwise publicly available or expressly designated by Crane Now as non-confidential. The user is therefore prohibited from using confidential information outside the purpose of the contract or making it available to third parties without authorisation.
12.3 All rights and obligations are to be transferred to legal successors (individual or universal succession). The user is not permitted to transfer rights and obligations to third parties without the express prior written consent of Crane Now.
12.4 In the event of disputes between the user and Crane Now, Austrian law shall apply exclusively to the exclusion of all substantive and procedural legal norms that refer to another legal system. The provisions of the UN Convention on Contracts for the International Sale of Goods are expressly excluded.
12.5 The exclusive place of jurisdiction for disputes arising from or in connection with this contract is Vienna, Austria, for both contracting parties.
12.6 Should individual provisions of this contract be or become invalid, this shall not affect the validity of the contract as a whole. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The same applies in the event of any contractual loopholes.
12.5 The exclusive place of jurisdiction for disputes arising from or in connection with this contract is Vienna, Austria, for both contracting parties.
12.6 Should individual provisions of this contract be or become invalid, this shall not affect the validity of the contract as a whole. The invalid or unenforceable provision shall be replaced by a valid and enforceable provision whose effects come closest to the economic objective pursued by the contracting parties with the invalid or unenforceable provision. The same applies in the event of any contractual loopholes.