Terms and Conditions and Database License

1. Scope and acceptance

These Terms and Conditions and the Database License (the “Terms”) govern the use of our website and the purchase, digital delivery and permitted use of the downloadable databases and datasets that we offer. “We” and “our” refer to the operator of the website b2blist.at. “You” is the natural or legal person who places the order.

Before payment, you must have the opportunity to review these Terms and the description of the selected database. By expressly accepting these Terms and placing an order, you accept the version shown in the ordering process. An order is accepted when we confirm receipt of payment and issue the order confirmation. A separate written agreement expressly accepted by both parties takes precedence over these Terms to the extent that it contradicts them.

If you order for a company or another organization, you declare that you are authorized to bind it; the customer and licensee is then that organization. A “business customer” buys for the purposes of its commercial, business or professional activity. A “consumer” is a natural person acting for purposes outside such activity (§ 1 of the Austrian Consumer Protection Act, KSchG). Your legal status depends on the actual circumstances; a declaration in the ordering process alone does not override mandatory consumer protection.

These Terms are an offer to provide digital content and to grant the license described below, not a transfer of ownership of our intellectual property. Mandatory statutory rights take precedence over any provision to the contrary.

Our Privacy Policy explains how we process personal data of website users, customers and persons whose business contact details are included in the databases. Accepting these Terms is not consent to optional marketing communications, tracking or any other use of personal data that requires separate consent.

2. What you buy

A “database” is the database or data file identified in your order, with the stated version, date or collection period, subject matter, geographical coverage, fields, number of records and file format. The product description and the express quality commitments shown before payment form part of the order.

Unless the product description expressly provides otherwise, your purchase is a one-time provision of the identified database and a license to use it. Future updates, ongoing monitoring, hosted access, enrichment, manual verification, a subscription or individual research are not included.

We recommend reviewing the description and the available sample before ordering. Samples illustrate the structure and the stated characteristics; their limits do not justify a material deviation of the delivered database from its description or other express commitments.

3. Data from public sources and accuracy

The databases are compiled from publicly accessible third-party sources, such as company websites, directories, public listings and other sources named in the product description. We collect and prepare them with reasonable care, but information from public sources may be inaccurate, incomplete, contradictory, duplicated or out of date. Companies may close, move or change their name, website or contact details, and source pages may contain typing or attribution errors.

Unless expressly promised in the product description:

• we do not independently verify each entry with the company or contact person concerned;
• we do not guarantee that each entry contains all possible fields or that every contact detail is still active;
• we do not guarantee 100% accuracy, completeness, uniqueness or geographical or sectoral assignment, the deliverability of emails or the reachability of phone numbers;
• we do not guarantee responses, sales, conversion rates, marketing results or any other business success; and
• the database is a snapshot of the information collected in the stated period, not a promise of real-time data.

The number of records refers to the units named in the product description. On its own, it does not guarantee the same number of active email addresses, phone numbers, unique companies or reachable persons. If a description promises unique records, verified contacts, a fill rate of a field or a specific accuracy, that promise remains binding.

Usual limits of public sources that were clearly pointed out before purchase, and changes after the stated date, do not in themselves prove that the database was defective at the time of provision. However, this clause does not justify an unusable file, a materially different database, undisclosed material defects or a breach of an express contractual commitment or mandatory law. The terms “data from public sources” and “as is” do not take precedence over these obligations.

4. Prices and payment

The price, currency, applicable taxes or fees and the scope of the license included are shown before payment is completed. The amount charged for a database provided once is the price for the license and the digital provision of this order. It is not an advance payment for future services, unless the order expressly provides otherwise.

Payment must be confirmed before paid files are provided. You are responsible for correct billing and account details. Changes to the prices or to these Terms do not apply retroactively to an order that has already been accepted.

5. Digital delivery and download

We deliver the database electronically. Unless the product description states another delivery period, we make it available for download after the payment has been confirmed. The download link appears in your account, on the order confirmation page or in the confirmation email, as indicated in the ordering process.

You download the file and store it on your own device or storage. No physical data carrier is shipped. You are responsible for using a compatible device and compatible software, having the necessary storage space and an internet connection, and keeping a backup copy of the downloaded file.

Digital delivery has taken place when all files of the order have been made available through a working download mechanism that you can access with the access data or link provided, and we have informed you where to obtain them. Sending an email or issuing a license reference alone does not prove delivery if the promised files are not actually available. You do not have to open the file or use it commercially for a properly accessible digital provision to have taken place.

A completed download, including the transfer of the file to your device, is additional evidence of provision. Our technical logs are evidence that can be examined and disputed; they are not conclusive proof of the quality of the file and not a waiver of statutory rights.

Unless another period was clearly stated before purchase, the download links remain available for at least 30 calendar days after delivery. The expiry of the link does not in itself end the license to a file that has already been downloaded. If a link does not work or expires before you were able to obtain the paid file, contact us with the details of your order. We will review the case and restore access or offer you another working delivery method, to the extent that the file can lawfully be provided. If we cannot deliver what you bought, the remedies in sections 7 and 8 apply.

For an accepted one-time order, our original obligation to provide the file is fulfilled by delivery as defined above. Our obligations under the agreed license, regarding conformity with the contract, regarding an expressly promised update and under mandatory consumer rights remain unaffected.

6. Database license and permitted use

After payment and subject to these Terms, we grant you a non-exclusive, worldwide and non-transferable license to use the purchased database for your own lawful activities. Unless your order expressly provides for a shorter term, the license applies for the duration of the applicable protection rights, subject to its lawful termination in the event of a serious breach.

The license permits you to download and store the database, make reasonable internal copies and backup copies, search, filter and analyze it, extract and use entries, import it into your own CRM or other internal systems and adapt its format for these purposes. A business customer may make it accessible to its employees and agents who need it for that customer’s activity, provided that they are subject to equivalent restrictions and do not use it for their own clients or their own purposes.

Without separate written permission, you may not resell, sublicense, publish, distribute, make publicly available for download or provide to third parties the database or a substantial or systematically extracted part of it. You may not use it for a competing service for reselling or sharing data. Additional rights that you have expressly acquired with your order take precedence over these standard restrictions.

We grant only the rights that we own or are permitted to license. We do not claim exclusive ownership of the underlying facts or of independently obtained public information. This agreement does not give you ownership of source websites, third-party content, trademarks or personal data, and does not restrict any uses that we must permit under applicable law.

7. Cancellation and refunds

7.1 Voluntary refund for a change of mind

Because a downloaded database can be kept and copied, we do not offer a voluntary refund for a mere change of mind after the digital delivery of a database that matches the order. This rule applies only to the extent permitted by applicable law and without prejudice to sections 7.3 and 8.

Examples of reasons that on their own do not give rise to a voluntary refund after delivery in accordance with the contract: you decide not to use the database, change your business plans, buy the wrong area or category although it was accurately described, obtain similar information elsewhere, achieve no business result, or encounter limits of public sources that were clearly pointed out before purchase.

Before delivery, you can request cancellation. For a standard database with one-time provision that has not yet been delivered, we cancel the order and refund the amount paid. Custom work or separately agreed services are governed by their own expressly agreed terms and by mandatory law.

7.2 Business customers

For a business customer, the agreed license price is paid for granting the identified rights and for the digital provision in accordance with the contract, not for the frequency or success of subsequent use. Once these rights have been granted and the database has been delivered in accordance with the order, non-use or a unilateral change of plans does not in itself give rise to a refund. These Terms do not grant a general right to terminate a one-time purchase that complies with the contract at will.

This provision does not exclude any rights arising from non-delivery, missing license rights, a serious breach of contract, a lack of conformity or another mandatory statutory ground.

7.3 Consumers and right of withdrawal

Nothing in these Terms excludes or restricts a consumer’s statutory right of withdrawal, the warranty rights in the event of defective digital content or any other non-waivable right, or penalizes its exercise. Where such a right exists, it takes precedence over our rules on voluntary refunds.

In principle, a consumer can withdraw from a distance contract within 14 days (§ 11 of the Austrian Distance and Off-Premises Contracts Act, FAGG). Under § 18(1)(11) FAGG, this right does not apply to contracts for the supply of digital content not stored on a tangible medium if we have begun performance after the consumer has expressly consented to our beginning performance before the end of the withdrawal period, has acknowledged that they thereby lose their right of withdrawal, and we have provided them with a copy or confirmation of the contract on a durable medium. We rely on this exception only if all of these conditions are met: your prior, express and separate consent to immediate provision (a separate checkbox in the order), your acknowledgment of the loss of the right of withdrawal, and our confirmation of the contract and of these declarations by email. Accepting these Terms alone does not replace the separate consent. The exception concerns only withdrawal and does not affect the warranty rights in the event of defective or non-conforming digital content.

8. Non-delivery, defects and refund requests

If the file is not available, is corrupted, is downloaded incompletely, is delivered in a format other than the one agreed, or does not materially match its description or an express quality commitment, contact us at the email address given above. Provide the order number, a description of the problem and, if helpful, identifiers of typical entries or redacted examples. Do not send unnecessary personal data or a complete database if a small example shows the problem.

Please report problems promptly, if possible within 14 calendar days of delivery, so that we can review them effectively. This preferred reporting period does not shorten any statutory limitation period, any mandatory notification period or any rights in respect of defects that could not reasonably have been detected earlier. The fact that an error is not noticed immediately does not in itself prove acceptance of a defective product.

We assess the problem on the basis of the description and the express commitments at the time of purchase, the stated collection period and the applicable law. For business customers, to the extent permitted by law, we may first correct or replace the file or restore access within a reasonable period. If the material problem cannot be remedied, we grant the price reduction, refund or other remedy provided for by the contract and the applicable law. Consumers retain the choice of remedies and the time limits granted to them by law (in particular the Austrian Consumer Warranty Act, VGG, for digital content).

We acknowledge receipt of a request within three business days and respond on the merits within ten calendar days, or earlier if the law requires it. This timetable does not extend any mandatory deadline for a refund or the other settlement of a justified claim.

Approved refunds are made via the payment method originally used, unless you agree to another lawful method. We do not charge any processing fees for exercising a mandatory right to a refund or withdrawal. The processing time of the payment service provider may vary, but does not justify our failing to initiate a refund within the prescribed period.

If a refund effectively reverses the purchase, the license concerned ends to the extent permitted by law, and you must stop using the refunded database and delete the copies within your control. Archive copies required by law may be kept without active use. The declaration that you have deleted the copies is not a precondition for a mandatory refund if the law does not permit such a precondition.

9. Order records and payment disputes

We may retain the records necessary for performing the contract, reviewing delivery problems and resolving disputes, in accordance with applicable data protection law and our Privacy Policy. These may include identifiers of the order and the database, the accepted version of the Terms, the time and content of the required consent, the payment confirmation, access and download transfer logs.

We recommend contacting customer service first in order to resolve a payment or delivery problem quickly. This does not restrict your right to contact your payment service provider, an authority or a court, and is not a mandatory step if mandatory law grants you a direct remedy. We may dispute incorrect claims of non-delivery or of an unauthorized payment with the relevant evidence; we respect justified payment disputes.

10. Warranty and liability

Without prejudice to the product description, the express commitments and mandatory law, we give no additional warranty that data from public sources is free of errors, always up to date or suitable for a purpose that you have not communicated to us and whose fulfillment we have not promised. You remain responsible for checking the information before basing decisions or communications on it.

Only towards business customers and to the fullest extent permitted by law, we are not liable for indirect or consequential damage, loss of profit, missed opportunities or marketing results. Our total liability arising from a particular order is limited to the total amount paid for that order.

These exclusions and limitations do not apply in the event of fraud, intent or gross negligence, in the event of death or personal injury to the extent that a limitation is prohibited, or to any other liability that we may not exclude or limit under applicable law. They do not diminish the mandatory remedies or the right to a refund of a consumer. No “as is” provision justifies failing to deliver the purchased product or failing to comply with an express commitment.

11. Misuse and termination

You may not gain unauthorized access, circumvent payment controls, disrupt our website, or use or share a database in breach of the license or applicable law.

If you seriously breach these Terms, we may take proportionate measures permitted by law, such as blocking unlawful access and terminating the license concerned. If the breach can be remedied and the law requires or permits a period for remedying it, we will notify you and give you a reasonable opportunity to do so. Any termination, any withholding of amounts paid and any claim for damages is subject to applicable law and mandatory consumer protection.

12. Changes and contract documents

We may change these Terms for future use and future orders by publishing a revised, dated version. An existing purchase continues to be governed by the version accepted in the ordering process, unless the parties validly agree otherwise. A change does not apply retroactively to the purchased license, the agreed characteristics of the database or refund rights.

You can save or print these Terms. We state the applicable version in your order confirmation and, where required by law, provide you with the contract information and the confirmation of your consent to immediate provision on a durable medium.

13. Applicable law and disputes

Subject to mandatory statutory protective provisions, these Terms and orders by business customers are governed by the law of Georgia. Only for disputes with business customers, the parties submit to the courts of Tbilisi (Georgia), unless mandatory law prescribes another place of jurisdiction.

The choice of law or jurisdiction does not deprive a consumer of the protection of the mandatory provisions of the law of their habitual residence; for actions against a consumer domiciled or habitually resident in Austria, the courts at their place of residence have jurisdiction (§ 14 KSchG). Consumers can also contact a consumer arbitration body, such as the Internet Ombudsstelle or the Schlichtung für Verbrauchergeschäfte. Contacting customer service is recommended, but is not a mandatory preliminary procedure where the law does not permit us to require one.

If a provision is invalid, it applies only to the extent legally permissible, and the remaining provisions remain in force to the extent legally possible. No severability clause is intended to uphold a term that unlawfully restricts mandatory rights.

Please send questions, delivery problems, cancellation requests and legal notices to [email protected], if possible stating the order concerned.